SH. AMRIT LAL BATRA, PROP.,SRINAGAR vs. THE ADDITIONAL COMMISSIONER OF INCOME-TAX,, JAMMU

Appeals of the appellant are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

55,610/-. During scrutiny assessment, the income was assessed at Rs. 1,37,62,030/- vide assessment order dated 30.12.2009.The Ld. CIT(A) has partly granted relief in respect of expenses claimed vide order dated 14.01.2013.On filing appeal before the Hon’ble ITAT, Amritsar Bench, in ITA No. 211/Asr/2013, the appeal of the Assessee was allowed vide order dated

SHRI AMRIT LAL BATRA,SRINAGAR vs. THE DY. COMMISSIONER OF INCOME-TAX-3, SRINAGAR

Appeals of the appellant are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

55,610/-. During scrutiny assessment, the income was assessed at Rs. 1,37,62,030/- vide assessment order dated 30.12.2009.The Ld. CIT(A) has partly granted relief in respect of expenses claimed vide order dated 14.01.2013.On filing appeal before the Hon’ble ITAT, Amritsar Bench, in ITA No. 211/Asr/2013, the appeal of the Assessee was allowed vide order dated

MAX FINANCIAL SERVICE LIMITED ,NAWANSHAHR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

In the result, the appeal of the assessee is therefore partly allowed

capital gain or raise any doubt on the transaction, has not been spelt out by the Ld. Pr.CIT. Therefore, we hold that vis-à-vis the transaction of slump sale also, there is no finding of any error in the order of the AO. 53. In view of the above we set aside the findings of the Ld. Pr.CIT

SHRI NACHHATER SINGH S/O SHRI GURBAKSH SINGH,BATHINDA vs. INCOME TAX OFFICEER , BATHINDA

In the result all the appeals of the assessee are allowed for statistical purposes

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

55(2)(b)(i) of Income Tax Act for the assets acquired prior to 01/04/1981. In case, the Assessing Officer is not satisfied with fair market value then section 55A of Income Tax- Act comes into play which empowers the Assessing Officer refer the matter to the valuation officer. But in this case, the Assessing Officer decided not referred

SHRI BABBU SINGH S/O SHRI NACHHATER SINGH,BATHINDA vs. INCOME TAX OFFICEER WARD-2(1), BATHINDA

In the result all the appeals of the assessee are allowed for statistical purposes

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

55(2)(b)(i) of Income Tax Act for the assets acquired prior to 01/04/1981. In case, the Assessing Officer is not satisfied with fair market value then section 55A of Income Tax- Act comes into play which empowers the Assessing Officer refer the matter to the valuation officer. But in this case, the Assessing Officer decided not referred

SHRI.BOOTA SINGH S/O. SH. NACHATER SINGH, BATHINDA vs. INCOME TAX OFFICER WARD-2(1), BATHINDA

In the result all the appeals of the assessee are allowed for statistical purposes

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

55(2)(b)(i) of Income Tax Act for the assets acquired prior to 01/04/1981. In case, the Assessing Officer is not satisfied with fair market value then section 55A of Income Tax- Act comes into play which empowers the Assessing Officer refer the matter to the valuation officer. But in this case, the Assessing Officer decided not referred

SHRIMATI. SAVITRI DEVI,BATHINDA vs. INCOME TAX OFFICER WARD-2(1), BATHINDA

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Capital Gain, suo-motu by ignoring section 55(2)(b) and 55A of Income Tax Act, respectively before calculating the Capital

SMT. GURJEET KAUR,JALANDHAR vs. INCOME TAX OFFICER, WARD- IV (2),, JALANDHAR

The appeal of the assessee is allowed in terms of our

Bench: Sh. Ravish Sood & Dr. M. L. Meena

55,000/- 5 Smt. Gurjeet Kaur Vs. ITO-Ward 3(4), Jalandhar ITA No. 627 & 628/Asr/2017 – A.Y 2008-09 & 2009-10 i.e 5,535 sq. yards @ Rs. 13,000/- per sq. yard and, out of the aforesaid sale consideration had received an amount of Rs. 1.5 crore as earnest money on 25.02.2008 from Shr. Surjit Singh (supra

SMT. GURJEET KAUR,JALANDHAR vs. INCOME TAX OFFICER, WARD- IV (2),, JALANDHAR

The appeal of the assessee is allowed in terms of our

Bench: Sh. Ravish Sood & Dr. M. L. Meena

55,000/- 5 Smt. Gurjeet Kaur Vs. ITO-Ward 3(4), Jalandhar ITA No. 627 & 628/Asr/2017 – A.Y 2008-09 & 2009-10 i.e 5,535 sq. yards @ Rs. 13,000/- per sq. yard and, out of the aforesaid sale consideration had received an amount of Rs. 1.5 crore as earnest money on 25.02.2008 from Shr. Surjit Singh (supra

SHRI GURKHA SINGH ALIAS JOGINDER SINGH ,BATHINDA vs. INCOME TAX OFFIER WARD 1(1), BATHINDA

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.145/Asr/2018 Assessment Year: 2009-10

55,640/- . The assessee claimed the deduction u/s 54B and 54F of the Act. The combined order was passed by the ld. CIT(A) related to Sh. Sukhdev Singh and assessee. The appeal was filed against the order of the ld. AO. The ld. CIT(A) considered the assessee’s submission and enhanced the deduction

SHRI RAMESH KUMAR ,BATHINDA vs. INCOME TAX OFFICER WARD-1(3), BATHINDA

Bench: Sh. Ravish Sood & Dr. M. L. Meena

Capital Gain, suo- 3 Sh. Ramesh Kumar Vs. ITO, Ward-1(3), Bathinda ITA No. 342/Asr/2019 – A.Y 2010-11 motto by ignoring section 55

M/S G G OILS & FATS PVT.LTD ,BATHINDA vs. DEPUTY COMMISSIONER OF INCOME TAX, BATHINDA

In the result, the assessee’s appeal is dismissed

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 508/Asr/2017 Assessment Year: 2014-15

gains’; to section 23A(1), providing an artificial dividend payout at a minimum of 60%, lest the shortfall therein be liable to super-tax, i.e., restraining the company from accumulating its’ profit beyond 40% to build up reserves or to provide for 25 G. G. Oils & Fats Pvt. Ltd. v. Dy. CIT capital expenditure

THE DEPUTY COMMISSIONER OF INCOME TAX, JAMMU vs. M/S. JAMMU DEVELPMENT AUTHORITY,, JAMMU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 498/Asr./2013 : Asstt. Year : 2005-06 Jammu Development Authority, Vs Dy. Commissioner Of Income Vikas Bhawan, Rail Head Tax, Circle-I, Complex, Jammu, J & K Jammu (Appellant) (Respondent) Pan No. Aadfj7335A Ita No. 494/Asr./2013 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs Jammu Development Authority, Tax, Circle-I, Vikas Bhawan, Rail Head Jammu Complex, Jammu, J & K (Appellant) (Respondent) Pan No. Aabcp1720E Assessee By : Shri. R. K. Gupta, Ca & Shri. Vasu Gupta, Ca Revenue By : Shri. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 22.03.2019 Order Per N. S. Saini: These Are The Cross Appeals Filed By The Assessee & Revenue Against The Order Of Commissioner Of Income Tax (Appeals) Dated 06.05.2013, Jammu.

gains u/s 45 of the Act two amounts are necessary. Those are amount of sale consideration and amount of cost. 37. In the instant case, the cost to the assessee of the said nazul land was Nil and the cost to its predecessor which is State Government is not ascertainable. Therefore, the computation provision fails in the instant case

M/S. JAMMU DEVELOPMENT AUTHORITY,,JAMMU ( J&K) vs. THE DEPUTY COMMISSIONER OF INCOME TAX, JAMMU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the department is dismissed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 498/Asr./2013 : Asstt. Year : 2005-06 Jammu Development Authority, Vs Dy. Commissioner Of Income Vikas Bhawan, Rail Head Tax, Circle-I, Complex, Jammu, J & K Jammu (Appellant) (Respondent) Pan No. Aadfj7335A Ita No. 494/Asr./2013 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs Jammu Development Authority, Tax, Circle-I, Vikas Bhawan, Rail Head Jammu Complex, Jammu, J & K (Appellant) (Respondent) Pan No. Aabcp1720E Assessee By : Shri. R. K. Gupta, Ca & Shri. Vasu Gupta, Ca Revenue By : Shri. M. P. Singh, Cit Dr Date Of Hearing :21.02.2019 Date Of Pronouncement : 22.03.2019 Order Per N. S. Saini: These Are The Cross Appeals Filed By The Assessee & Revenue Against The Order Of Commissioner Of Income Tax (Appeals) Dated 06.05.2013, Jammu.

gains u/s 45 of the Act two amounts are necessary. Those are amount of sale consideration and amount of cost. 37. In the instant case, the cost to the assessee of the said nazul land was Nil and the cost to its predecessor which is State Government is not ascertainable. Therefore, the computation provision fails in the instant case

INDIAN TOOLS TECHNOLOGY CENTRE ,JALANDHAR vs. INCOME TAX OFICER WARD II(1), JALANDHAR

Bench: Sh. Ravish Sood & Dr. M. L. Meena

55, holding that section 57(iii) must be construed broadly and the somewhat wider language of section 37 should not affect the interpretation of section 57 (iii) of the Income Tax Act, 1961. 6.5 As far as question of claim of deduction u/s 57(iii) of the Income Tax Act, 1961 is concerned, the issue has been decided

INCOME TAX OFFICER, WARD-1, FARIDKOT, BSNL BUILDING vs. M/S VOHRA SOLVEX PVT. LTD, SADIQ ROAD

In the result, C.O. filed by the assessee is allowed

Bench: Sh. Udayan Dasgupta & Sh. Krinwant Sahay

capital gain on sale of shares an basis of statement of entry operators recorded on various dates in some other proceedings not connected with assessee and no opportunity to cross-examine so- called entry providers was given to assessee thereby violating principles of natural Justice, Tribunal was Justified in deleting addition made by Assessing Officer" [2023] 157 taxmann.com

SHRI GURBINDER SINGH MAHAL,AMRITSAR vs. INCOME TAX OFFICER WARD-IV ( 2), AMRITSAR

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

section 250(4)] through banks instead of disposing off the appeal for non-appearance without adjudicating on merits. 7. The appellant craves leave to add, amend, or alter any of the grounds of appeal.” I.T.A. No.22/Asr/2023 4 Assessment Year: 2014-15 2. The case was called for hearing, first, the ld. DR filed an adjournment petition before the bench

ATC LOGISTICAL SOLUTIONS PRIVATE LIMITED ,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, AMRITSAR

In the result, appeal of the assessee ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

capital expenditure33 or personal expenses of the assessee), laid out or expended wholly and exclusively33 for the purposes of the business33 or profession shall be allowed in computing the income chargeable under the head "Profits and gains of business or profession". 34[35[Explanation 1.]—For the removal of doubts, it is hereby declared that any expenditure incurred