INCOME TAX OFFICER, FEROZEPUR vs. MS.JATIN AGRO, FORT ROAD

In the result, the appeal of the revenue is dismissed

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 103 & 104/Asr/2024 Assessment Years: 2014-15 & 2017-18 Ito, Ward-3(1), Vs. M/S Jatin Agro Fort Road, Ferozepur. 152-P, Ferozepur. [Pan:-Aarpm5393F] (Appellant) (Respondent) Sh. Ashray Sarna, Ca Appellant By Respondent By Sh. Sunil Gautam, Cit. Dr

business income and in view of the facts narrated in Para 2 above. Hence, income of Rs. 4,32,80,900/- after allowing deduction @30% from the rental income of Rs 6,18,29,857/- was chargeable to tax under the head Income from House Property

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

property. In the light of the said fact, the Hon'ble Supreme Court had held that the income could not be termed as business income since there was specific head for assessing the rental income and had, therefore, held that the rental income was to be assessed under the head of ‘house

M/S ACTIVE TOOLS (P). LIMITED,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -II, JALANDHAR

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

income from salary, house property, profits and gains of business or profession, or capital gains, nor as it income from

M/S SHANKAR RICE & GENERAL MILLS ,MOGA vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE, MOGA

In the result, the appeal of the assessee is dismissed

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

income from salary, house property, profits and gains of business or profession, or capital gains, nor is it income from

DASHMESH TIMBER AND FURNITURE HOUSE,AJNALA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, AMRITSAR

In the result, the appeal filed by the assessee is allowed

Bench: Sh. Udayan Dasgupta & Sh. Krinwant Sahay

property , cannot be satisfactorily explained by the assessee , it is open to the revenue to hold that it is the income of the assessee and no further burden lies on the revenue to show that the income is from any particular source. 19. With reference to the above judicial decisions cited

SH. MANINDER SINGH CHEEMA,HOSHIARPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, HOSHIARPUR

In the result, the assessee appeal is dismissed

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. No. 702/Asr/2013 Assessment Year: 2009-10

income from salary, house property, profits and gains of business or profession, or capital gains, nor is it income from

SHRI MOHD MANZOOR,RAJOURI vs. INCOME TAX OFFICER WARD -2 (3), JAMMU

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

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

house with his wife till her death— ITO questioning its source after the same had subsequently been deposited with a bank in the names of assessee's then major daughters—In the absence of any evidence to the effect that the said sum was utilized by the assessee in any other manner, the Department was not justified in unreasonably rejecting

SHIROMANI GURDWARA PARBANDHAK COMMITTEE vs. COMMISSIONER OF INCOME TAX-I,

In the result the appeal of the Assessee is allowed

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenav.S. Cit – I Shirmoni Gurdwara Parbandhak Committee Amritsar Teja Singh Mundri Hall Sri Amritsar Pan:Aants1981K (Appellant) (Respondent)

business;]] (ii) the instrument under which the institution or fund is constituted- does not, or the rules governing the institution or fund do not, contain any provision for the transfer of application at any time of the whole or any part of the income or assets of the institution or fund for any purpose other than a charitable purpose

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.

house property and deduction @ 30% of the gross amount is allowable under section 24 of the Income Tax Act, which is prayed to be allowed.” 43. The Commissioner of Income Tax (Appeals) has observed as under: “4.9 Ground of Appeal No. 2.31 relates to treatment of rental income u/s 24 of the Act and allowance of 30% deduction. There

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.

house property and deduction @ 30% of the gross amount is allowable under section 24 of the Income Tax Act, which is prayed to be allowed.” 43. The Commissioner of Income Tax (Appeals) has observed as under: “4.9 Ground of Appeal No. 2.31 relates to treatment of rental income u/s 24 of the Act and allowance of 30% deduction. There

THE INCOME TAX OFFICER, AMRITSAR. vs. SH. SHIV RAJ SINGH BAWA, AMRITSAR.

In the result, the Revenue’s appeal is allowed and the assessee’s CO, dismissed

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 407/Asr/2016 Assessment Year: 2012-13

property as a land owner. There was no sale of its’ fixed capital by the company, as contended by it. The amounts received by way of salami were the trading receipts of the business of acquiring leases and granting sub-leases, and the profit therefrom liable to tax as business income. (AY 2012-13) ITO v. Shiv Raj Singh Bawa

SH. PARMINDER SINGH,KAPURTHALA vs. A.C.I.T, CENTRAL CIRCLE- I, JALANDHAR

In the result, the appeal filed by the assessee stands allowed

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.329(Asr)/2017 Assessment Year:2009-10

property. The assessee has already demonstrated that the appellant is working as a Director in M/s. Kapurthala Estates (P) Ltd. and M/s Kapurthala Promoters & Developers (P) Ltd. and deriving income from salary and during the year under consideration caused capital gains. The assesee has also relied upon the following decisions of the Hon’ble Supreme Court of India which

SH. DIDAR SINGH S/O SH. PREM SINGH,KAPURTHALA vs. THE DY. COMMISSIONER OF INCOME TAX, KAPURTHALA

In the result, the assessee succeeds

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.542(Asr)/2016 Assessment Year:2008-09

house property, work contract and interest. A survey u/s. 133A of the Income Tax Act, 1961 (‘the Act’ hereinafter) at the premises of one, Sh. Mohan Lal Bajaj, Prop. M/s. Super Fine Cement & Iron Store, Hadiabad, Phagwara, and a firm, M/s. M/s. Fine Traders, on June 28, 2007, led to the discovery of several documents indicating dealings in real estate

SHRI ADARSH KUMAR NAGPAL,ABOHAR vs. INCOME TAX OFFICER WARD-2 (3), ABOHAR

The appeal of the assessee is disposed of in the terms indicated as above

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

business concern and that part of cash was received as rent receipt and pertains to personal savings and payment of credit card bills amounting to Rs. 5,18,150/- as well. He has files a brief synopsis in tabular form as under: Nature of Amount Remarks Source of Relief Our Submissions before Addition of cash given by Hon’ble ITAT

SHRI SUBASH GUPTA,JAMMU vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, JAMMU

In the result, the appeal of the assessee is allowed

Bench: Dr. M. L. Meena & Sh. Udayan Dasgupta

house property and other source income by way of bank interest. Apart from above the assessee is engaged in the business

SHRI PAWAN K KATIA,BATHINDA vs. THE INCOME TAX OFFICER, BATHINDA

In the result, the assessee’s appeal is dismissed

Bench: Sh. Sanjay Arorai.T.A. No. 315/Asr/2014 Assessment Year: 2009-10

house property’ (for rental income) and ‘income from the other sources’ (for interest income). He, running a cold storage, since discontinued, claims that the said business

SH. GURJINDER SINGH,AMRITSAR vs. PR. COMMISSIONER OF INCOME TAX -1, AMRITSAR

In the result, appeal of the assessee is allowed

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

House property, Income from Business/Profession” and ‘Income from other sources”. Though, the nature of activities in both the proprietorship concerns is same i.e. wholesale trading of products of “Haldiram’s” but in M/s Pioneer Sales, the gross profit has been shown @ 3.47% whereas in M/s Apex Marketing it is 4%. The AO has failed to verify the reasons for difference

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

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

income from any other source will not be taxed. If the company, even before it commences business, invests the surplus fund in its hand irrespective of the source of fund , including government grant in aid, for purchase of land or house property