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

10 A.Y.2015-16 various decisions of the ITAT holding that the explanation cannot be resorted to simpliciter for giving a finding of error, and the substantive requirements of section 263 ,as stated above, have still to be fulfilled for applying the explanation. The case laws holding so, as pointed out by the Ld.Counsel for the assessee are as under: i. Torrent

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH, CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

house property at Rs.75,600/-, short term capital loss at (Rs.30,618/-), income from bank interest at Rs.17,667/- and LTCG (long term capital gains) amounting to Rs.2,02, 30,196/- which has been claimed as exempt u/s 10(38) of the Act) . After a search operation u/s 132 of the Act 1961 carried out on 29th

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH. CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

house property at Rs.75,600/-, short term capital loss at (Rs.30,618/-), income from bank interest at Rs.17,667/- and LTCG (long term capital gains) amounting to Rs.2,02, 30,196/- which has been claimed as exempt u/s 10(38) of the Act) . After a search operation u/s 132 of the Act 1961 carried out on 29th

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

house property, profits and gains of business or profession, or capital gains, nor is it income from "other sources" because the provisions of sections 69.69A, 69B and 69C meat unexplained investment, unexplained money, bullion, etc., and unexplained expenditure as deemed income where the nature and source of investment, acquisition or expenditure, as the case may be, have not been

THE ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S. SADHU SINGH HAMDARD TRUST, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

M/S. SADHU SINGH HAMDARD TRUST,JALANDHAR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

THE DCIT, JALANDHAR vs. M/S. SADHU SINGH HAMDARD TRUST, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

M/S. SADHU SINGH HAMDARD TRUST,JALANDHAR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

M/S. SADHU SINGH HAMDARD TRUST,JALANDHAR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

M/S SADHU SINGH HAMDARD TRUST,JALANDHAR vs. THE ADDL. COMMISSIONER OF INCOME TAX, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

DEPUTY COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S. SADHU SINGH HAMDARD TRUST,, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

DCIT, JALANDHAR vs. M/S. SADHU SINGH HAMDARD TRUST, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

THE ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S. SADHU SINGH HAMDARD TRUST, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

THE ASSISTANT COMMISSIONER OF INCOME TAX,JALANDHAR vs. M/S. SADHU SINGH HAMDARD TRUST, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

THE ASSISTANT COMMISSIONER OF INCOME TAX,JALANDHAR vs. M/S. SADHU SINGH HAMDARD TRUST, JALANDHAR

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

15) of the Act. (b) Regarding alleged violation of provisions of section 13(3) of the Act, the Hon’ble Tribunal observed that since there was no allegation that the payment made to specified persons were unreasonable or excessive, the provisions of section 13(3)(c) of the Act had no application at the very threshold. The relevant finding

INCOME TAX OFFICER, INCOME TAX OFFICE vs. VIKAS MEHRA, THE MALL

In the result, the appeal filed by the revenue is dismissed being devoid of

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

10. The ld. DR further submitted that as per Schedule AL of ITR, the cost of property should have been taken at cost as per provisions of the Act, and not as per market value which has been wrongly taken by the assessee and the difference in value being unexplained, has been rightly added back by the Assessing Officer

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.

15 Jammu Development Authority account. The appellant had also incurred an expenditure of Rs.12,06,64,979/- on works and development schemes, of which Rs.4,92,83,178 pertained to nazul schemes and Rs.7,13,81,801 pertained to GDA schemes. The AO however, considered only the income side and ignored the expenditure totally. 3A.2.3.5.As submitted earlier, the appellant

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.

15 Jammu Development Authority account. The appellant had also incurred an expenditure of Rs.12,06,64,979/- on works and development schemes, of which Rs.4,92,83,178 pertained to nazul schemes and Rs.7,13,81,801 pertained to GDA schemes. The AO however, considered only the income side and ignored the expenditure totally. 3A.2.3.5.As submitted earlier, the appellant