THE DCIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. VENUS INFRASTRUCTURE & DEVELOPERS PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is hereby dismissed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

Assessment Years 2008-09 & 2017-18. First, we take up ITA No. 38/Ahd/2021, an appeal by the Revenue for AY 2017-18 ITA Nos.37-38/AHD/2021 A.Y.s 2008-09 & 2017-18 2 2. The Revenue has raised the following grounds of appeal: 1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred

SHRI RAJAT B. MEHTA,VADODARA vs. THE INCOME TAX OFFICER (INTL. TAXN.), VADODARA

In the result, the appeal is allowed in the terms indicated above

houses has been constructed at IG Marg, Opp. Bhavan’s School, Lal Baug Road, Vadodara. In the said Society, Block No.C/6, having total plot area 1952 in which 885 sq. ft. construction at ground floor and 1000 sq. ft. construction at final floor and 315 construction at second floor and the said Block is bounded as follows:- EAST - Society Road

THE ACIT,ANAND CIRCLE,, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

block of assets and no new building has been acquired during the year. Hence there cannot be disallowance of deprecation under the Act. 5.3 The Hon'ble CIT(A) while holding that rental income be taxed as Income from House Property ought to have directed to grant standard deduction u/s 24 of the Act. ITA Nos.2004/Ahd/2014, 1873/Ahd/2014, 2994/Ahd/2016 & 2954/Ahd/2016

NATIONAL DAIRY DEVELOPMENT BOARD,,ANAND vs. THE ACIT.,ANAND CIRCLE,, ANAND

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

block of assets and no new building has been acquired during the year. Hence there cannot be disallowance of deprecation under the Act. 5.3 The Hon'ble CIT(A) while holding that rental income be taxed as Income from House Property ought to have directed to grant standard deduction u/s 24 of the Act. ITA Nos.2004/Ahd/2014, 1873/Ahd/2014, 2994/Ahd/2016 & 2954/Ahd/2016

THE DY.COMMISSIONER OF INCOME TAX.,ANAND CIRCLE,, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

block of assets and no new building has been acquired during the year. Hence there cannot be disallowance of deprecation under the Act. 5.3 The Hon'ble CIT(A) while holding that rental income be taxed as Income from House Property ought to have directed to grant standard deduction u/s 24 of the Act. ITA Nos.2004/Ahd/2014, 1873/Ahd/2014, 2994/Ahd/2016 & 2954/Ahd/2016

NATIONAL DAIRY DEVELOPMENT BOARD,,ANAND vs. THE ASSTT. COMMISSIONER OF INCOME TAX, ANAND CIRCLE,, ANAND

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

block of assets and no new building has been acquired during the year. Hence there cannot be disallowance of deprecation under the Act. 5.3 The Hon'ble CIT(A) while holding that rental income be taxed as Income from House Property ought to have directed to grant standard deduction u/s 24 of the Act. ITA Nos.2004/Ahd/2014, 1873/Ahd/2014, 2994/Ahd/2016 & 2954/Ahd/2016

THE ACIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. VYAPTI INFRABUILD PVT. LTD.,, AHMEDABAD

The appeal of the Revenue is dismissed

house property, therefore, this ground of appeal of the assessee is allowed. ITA No. 2505/Ahd/2017 filed by assessee 9. The ground no. 1 of the appeal of the assessee pertaining to disallowance of Rs. 28,430/- on account of delay in depositing employees contribution to PF and ESIC is dismissed as not pressed. The second ground of appeal

VYAPTI INFRABUILD PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-4(1)(2),, AHMEDABAD

The appeal of the Revenue is dismissed

house property, therefore, this ground of appeal of the assessee is allowed. ITA No. 2505/Ahd/2017 filed by assessee 9. The ground no. 1 of the appeal of the assessee pertaining to disallowance of Rs. 28,430/- on account of delay in depositing employees contribution to PF and ESIC is dismissed as not pressed. The second ground of appeal

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1),, AHMEDABAD vs. SHANTI EXPORTS PVT. LTD.,, AHMEDABAD

In the result, appeal is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No.884/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2016-2017 D.C.I.T., Shanti Exports Pvt. Ltd., Circle-4,(1)(1), Vs. 2Nd Floor, Ahmedabad. Chiripal House, Satellite Road, Ahmedabad.

house property by virtue of the provisions of section 22 of the Act. At the time of hearing the learned DR has not brought anything on record suggesting that the 5th floor was not used by the assessee for its business purposes. Thus in the absence of any contrary arguments by the learned DR, we do not find any infirmity

DEEP MULTIPLEX PVT. LTD.,BARODA vs. DCIT, CIRCLE 1(1) (1), BARODA

In the results, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-आयकर अपील सं./ Ita.No.1719/Ahd/2017 "नधा"रण वष"/ Asstt. Year: 2012-13 Deep Muliplex P.Ltd. Dcit, Cir.1(1)(4) 9, Arunoday Society Baroda. Vs 2, Mangaljyot Apartment Alkapuri Baroda Pan : Aabck 4719 Q अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri M.K. Patel, Ar Revenue By : Shri Dilip Kumar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 03/02/2020 घोषणा क" तार"ख /Date Of Pronouncement: 12/02/2020 आदेश/O R D E R

block of assets mentioned in the lease agreement. He observed that assessee has stopped its business activity, and given its properties on lease to the above parties. He however observed that since letting out of the property was inseparable from the letting out of the furniture & fixtures and plants & machineries, therefore, such rental income was to be taxable under

M/S. PRATHAM DEVELOPERS,,VADODARA vs. THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2),, BARODA

block in a housing project is a 'housing project' in itself for purpose of claiming deduction u/s. 80IB(10) of the Act. It has been held by the High Court that the proportionate deduction has to be allowed to the assessee in respect of the units which fulfill the eligibility conditions. Ratio of these two decisions as well as decisions

THE ACIT, CIRCLE-2(2),, BARODA vs. M/S. PRATHAM DEVELOPERS, BARODA

block in a housing project is a 'housing project' in itself for purpose of claiming deduction u/s. 80IB(10) of the Act. It has been held by the High Court that the proportionate deduction has to be allowed to the assessee in respect of the units which fulfill the eligibility conditions. Ratio of these two decisions as well as decisions

M/S. GARRISON POLYSACKS P.LTD.,,BARODA vs. DY. COMMISSIONER OF INCOME TAX,, BARODA

In the result, all the seven appeals of the assessee are partly allowed

House Property. However, the assessing officer has noticed that the rented property was reflected in the block of building on which

SHRI ALKESH LAXMANBHAI PATEL,,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(2),, AHMEDABAD

In the result, appeal of the assessee in ITA

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं/.I.T.A. Nos.1678, 1679, 1680 & 1681/Ahd/2016 ("नधा"रण वष"/ Assessment Years:2009-10, 2010-11, 2011-12 & 2012-13) Shri Alkesh Laxmanbhai Patel, Dcit, बनाम / 7, Maruti Hills Bungalows, Central Circle 1(2), Vs. Satellite, Ahmedabad – 380 015 Ahmedabad. "थायी लेखा सं/.जीआइआर सं/.Pan/Gir No. : Akrpp 0657 P .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

house property income. He furnished copy of statement of Axis Bank showing payment of installments. He claimed deduction u/s.24(b) of the Act in paper book filed before us. Same are reflected at Page No.45 to 50. In view of the above explanation given by the appellant, we are satisfied with the contention of the appellant, hence, we allow this

SHRI ALKESH LAXMANBHAI PATEL,,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(2),, AHMEDABAD

In the result, appeal of the assessee in ITA

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं/.I.T.A. Nos.1678, 1679, 1680 & 1681/Ahd/2016 ("नधा"रण वष"/ Assessment Years:2009-10, 2010-11, 2011-12 & 2012-13) Shri Alkesh Laxmanbhai Patel, Dcit, बनाम / 7, Maruti Hills Bungalows, Central Circle 1(2), Vs. Satellite, Ahmedabad – 380 015 Ahmedabad. "थायी लेखा सं/.जीआइआर सं/.Pan/Gir No. : Akrpp 0657 P .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

house property income. He furnished copy of statement of Axis Bank showing payment of installments. He claimed deduction u/s.24(b) of the Act in paper book filed before us. Same are reflected at Page No.45 to 50. In view of the above explanation given by the appellant, we are satisfied with the contention of the appellant, hence, we allow this

SHRI ALKESH LAXMANBHAI PATEL,,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(2),, AHMEDABAD

In the result, appeal of the assessee in ITA

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं/.I.T.A. Nos.1678, 1679, 1680 & 1681/Ahd/2016 ("नधा"रण वष"/ Assessment Years:2009-10, 2010-11, 2011-12 & 2012-13) Shri Alkesh Laxmanbhai Patel, Dcit, बनाम / 7, Maruti Hills Bungalows, Central Circle 1(2), Vs. Satellite, Ahmedabad – 380 015 Ahmedabad. "थायी लेखा सं/.जीआइआर सं/.Pan/Gir No. : Akrpp 0657 P .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

house property income. He furnished copy of statement of Axis Bank showing payment of installments. He claimed deduction u/s.24(b) of the Act in paper book filed before us. Same are reflected at Page No.45 to 50. In view of the above explanation given by the appellant, we are satisfied with the contention of the appellant, hence, we allow this

SHRI ALKESH LAXMANBHAI PATEL,,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(2),, AHMEDABAD

In the result, appeal of the assessee in ITA

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं/.I.T.A. Nos.1678, 1679, 1680 & 1681/Ahd/2016 ("नधा"रण वष"/ Assessment Years:2009-10, 2010-11, 2011-12 & 2012-13) Shri Alkesh Laxmanbhai Patel, Dcit, बनाम / 7, Maruti Hills Bungalows, Central Circle 1(2), Vs. Satellite, Ahmedabad – 380 015 Ahmedabad. "थायी लेखा सं/.जीआइआर सं/.Pan/Gir No. : Akrpp 0657 P .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

house property income. He furnished copy of statement of Axis Bank showing payment of installments. He claimed deduction u/s.24(b) of the Act in paper book filed before us. Same are reflected at Page No.45 to 50. In view of the above explanation given by the appellant, we are satisfied with the contention of the appellant, hence, we allow this

THE ACIT, CIRCLE-2(1)(1), VADODARA vs. UTTAR GUJARAT VIJ COMPANY LIMITED, MEHSANA

In the result, Ground No

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

house property and included in the assessee’s total income, was correct.” 9.1. Further the Hon’ble Delhi High Court in the case of Triveni Engg. & Industries Ltd., 343 ITR 245 wherein the “loss on account of non-recovery of loan given to employees was treated as loss incidental to business activity, then the interest on such loan falls within

UTTAR GUJARAT VIJ COMPANY LIMITED,MEHSANA vs. THE DY.CIT, CIRCLE-2(1)(1), VADODARA

In the result, Ground No

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

house property and included in the assessee’s total income, was correct.” 9.1. Further the Hon’ble Delhi High Court in the case of Triveni Engg. & Industries Ltd., 343 ITR 245 wherein the “loss on account of non-recovery of loan given to employees was treated as loss incidental to business activity, then the interest on such loan falls within