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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

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

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

property of the trust or the institution is applied directly or indirectly for the benefit of any person referred to in sub-s. (3) of s. 13, the provisions of s. 11 shall not operate granting benefit of exemption to the trust. The AO had recorded that certain payments, were made to Bibi Parkash Kaur (trustee), S. Barjinder Singh

INCOME TAX OFFICER, WARD-3(1),FEROZEPUR, 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

13) of the Act, and hence, it has to be treated as business of the Appellant. I.T.A. No. 103 & 104/Asr/202 1 Assessment Years: 2014-15 and 2017-18 2 6.2. The AO has rejected the claim of deduction made under section 35AD(8)(C)(ii) of the Act, by stating that the income from warehousing is derived from house property

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

13) of the Act, and hence, it has to be treated as business of the Appellant. I.T.A. No. 103 & 104/Asr/202 1 Assessment Years: 2014-15 and 2017-18 2 6.2. The AO has rejected the claim of deduction made under section 35AD(8)(C)(ii) of the Act, by stating that the income from warehousing is derived from house property

THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE -3,, SRINAGAR vs. M/S JYOTI LIMITED , SRINAGAR

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

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

8 Assessment Year: 2014-15 9. The decision in ‘Chennai Properties And Investments Limited’ (supra), rendered on 09.04,2015, has prompted the assessee to seek torevert to its original stand of contending that the income revert to itsoriginal stand of contending that income is to be treated as business income and not as income from house property. Let us examine

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

8. Without prejudice to the above, the PCIT failed to appreciate that acceptance of the treatment and taxation of income from leasing of property by the Appellant as “profits and gains of business” as against “income from house property” and consequential claim of depredation under section 32 of the Act, being supported by various decisions of the High Courts could

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

8 I.T.A. No. 287/Asr/2025 Assessment Year: 2017-18 any capital assets during the year under appeal. He further submitted that both the residential house properties are still existing as on date and are enjoyed by the family member of the assessee as residential houses. 13. As such, he submitted that in absence of any sale or transfer of any capital

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.

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 had duly engaged experts for segregating the nazul and non- nazul accounts and the revised accounts for the year under appeal are submitted herewith as per Annexure ‘I’ comprising of the following accounts – a. General

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.

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 had duly engaged experts for segregating the nazul and non- nazul accounts and the revised accounts for the year under appeal are submitted herewith as per Annexure ‘I’ comprising of the following accounts – a. General

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

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

Section 37(1). The Hon’ble Supreme Court has held that just as receipts, though not actual receipts but accrued due are brought in for Income Tax Assessment, so also liabilities accrued due would be taken into account while working out the profits and gains of the business. It is 11 noticed that this decision was in respect of Bonus

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)

Section 85A would be discharging and performing various religious duties, ceremonies in connection with the gurdwaras along with efficient management of property and income of Gurdwaras and endowments thereof . 22. Now the question arises whether a statutory body which is created by the Statutory for the purpose of performing religious duties, administration of properties, income and endowment, can be said