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

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 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

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 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

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

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

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 80G(2)(B), the Central Government notifies places of public worship owing to their historical, archaeological, or artistic importance. The following Gurudwaras due to their historical importance have been notified u/s 80G(2)(B) by the Central Government. 1. Gurudwara Harminder Sahib, SO 1974, Dated 19.06.1965. 2. Gurudwara DukhNiwaran Sahib, SO 885, Dated 31.12.1975. 3. Gurudwara Shri Hemkunt Sahib

SHRI HARSH VARDHAN ,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JALANDHAR

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

property to which the aforesaid Notice u/s 148, dated 11.03.2015 was addressed, without putting up any efforts to locate the whereabouts of the assessee, which he could have easily gathered by going no further but referring/consulting the assessment records of the assessee, had however, most arbitrarily by way of an idle formality, or, in fact, an eye wash

SHRI BARJINDERPAL SINGH BHULLAR,MOHALI vs. INCOME TAX OFFICER WARD- 1 (3), BATHINDA

Accordingly, the appeal filed by the assessee is allowed in terms of our aforesaid observations

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

property in question. Backed by his aforesaid observations, the A.O was of the view that as the total consideration of Rs. 1,81,25,000/- (supra) had accrued to the assessee during the year under consideration, therefore, the LTCG therein arising to him, i.e, as provided in Sec. 45 r.w Sec. 48 of the Act was liable to be brought

SHRI BRIJINDERPAL SINGH BHULLAR,MOHALI vs. INCOME TAX OFFICER WARD- 1 (3), BATHINDA

Accordingly, the appeal filed by the assessee is allowed in terms of our aforesaid observations

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

property in question. Backed by his aforesaid observations, the A.O was of the view that as the total consideration of Rs. 1,81,25,000/- (supra) had accrued to the assessee during the year under consideration, therefore, the LTCG therein arising to him, i.e, as provided in Sec. 45 r.w Sec. 48 of the Act was liable to be brought

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

b) the amount is capitalised in the books of account of the assessee on the date of commencement of its operations. 10.12 On perusal of sub-section [1] of section 35AD of the Act, postulates that an Appellant shall be allowed deduction in respect of any expenditure of capital nature incurred, wholly and exclusively, for the purposes of any specified

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

b) the amount is capitalised in the books of account of the assessee on the date of commencement of its operations. 10.12 On perusal of sub-section [1] of section 35AD of the Act, postulates that an Appellant shall be allowed deduction in respect of any expenditure of capital nature incurred, wholly and exclusively, for the purposes of any specified

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

3. CIT Vs. Mcleod & Co.,(1993) 203 ITR 290 (Cal) 4) CIT Vs. Modi Industries Limited,(1994) 210 ITR 1 (Del)(FB) 5) CIT Vs. New India Maritime Agencies (1994) 207 ITR 392(Mad) 22. It has been consistently held by courts in the aforestated decisions that where a house property is occupied as residence by employees or its directors

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.

B. C. Srinivasa Setty (1981) 128 ITR 294 (SC) has held that charging section and the computation provisions together constitute an integrated code. When there is a case to which the computation provision cannot apply at all, its evident that such a case was not intended to fall within the charging section. 39. In view of the above, the capital

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.

B. C. Srinivasa Setty (1981) 128 ITR 294 (SC) has held that charging section and the computation provisions together constitute an integrated code. When there is a case to which the computation provision cannot apply at all, its evident that such a case was not intended to fall within the charging section. 39. In view of the above, the capital