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

house property and denied the deduction claim under section 35AD(8)(c)(ii) of the Act. To my understanding, the term "specified business" means to include "setting up and operating a warehousing facility for storage of agricultural produce". Section 35AD(1) of the Act, postulates the allowability of deduction in respect of expenditure of capital nature incurred wholly and exclusively

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

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

5 A.Y.2015-16 conducting enquiry when the issue has been examined by the AO. On merits 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

SHRI BILAS CHAND,BATHINDA vs. INCOME TAX OFFICER, WARD1(1), BATHINDA

In the result, the assessee’s appeal is dismissed

Bench: Sh. Sanjay Arorai.T.A. No. 399/Asr/2018 Assessment Year: 2016-17

sections, i.e., by mistake, and that he had revised his return accordingly on 17.7.2017 (refer para 5 of the assessment order). The said return, however, while retaining the claim for deduction u/s. 80C at Rs.1.50 lacs, altered that for deduction u/s. 80E to ‘Loss from house property

ITO, WARD- 3(3), SRINAGAR vs. SMT. ZEENAB, BEMINA

In the result, the appeal filed by the Revenue Department stands dismissed, whereas the appeal of the assessee is partly allowed for statistical purposes on the aforesaid reasons stated above

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhry

5: The AO has denied the exemption u/s. 54F of the Income tax Act on the ground that the assessee had neither constructed any new house property nor had purchased any new house property as the title over the said property was only conferred in 2007 under Roshni Scheme and assessee became the legal owner of the property after making

SMT. ZEENAB,SRINAGAR vs. INCOME TAX OFFICER, WARD 3(3),, SRINAGAR

In the result, the appeal filed by the Revenue Department stands dismissed, whereas the appeal of the assessee is partly allowed for statistical purposes on the aforesaid reasons stated above

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhry

5: The AO has denied the exemption u/s. 54F of the Income tax Act on the ground that the assessee had neither constructed any new house property nor had purchased any new house property as the title over the said property was only conferred in 2007 under Roshni Scheme and assessee became the legal owner of the property after making

SH. LALIT DEEWAN,JAMMU vs. D.C.I.T., CIRCLE-2, JAMMU

In the result, the Revenue’s appeal is allowed for statistical purposes

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 453/Asr/2017 Assessment Year: 2013-14

section 144 of the Income Tax Act, 1961 ('the Act' hereinafter) vide order dated 22.01.2016 for Assessment Year (AY) 2013-14. 2. The facts of the case in-so-far as are relevant are that the assessee sold an immovable property, being a plot of land (at Gattha Sohana, Haryana) during the 2 Lalit Dewan v. Dy. CIT relevant year

MR.VISHAL BATRA,`LUDHIANA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, LUDHIANA

In the result, the appeal of the assessee is dismissed

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

Section 24 of the IT Act, 1961 under the head 'income from house property'. However, this is not an allowable deduction under the head 'capital gains’ as claimed by the assessee under the garb of Expenditure on Transfer'. Therefore, 5

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

house) on the death of his father in the year 1991, (through will). One of the properties is situated at Joshi Colony, Amritsar, which was purchased by the father of the assessee on 18.07.1962 for Rs.10,000/-. The second property is situated at Delhi which was also purchased by the father of the assessee on 16.05.1991 for Rs.9 lacs (nine

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

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

House property. Likewise, a company may have income from other sources. It may buy shares and get dividends. Such dividends will be taxable under Section 56 of the Act. The Company may also, as in the present case, keep the surplus fund in short-term FDRs in order to earn interest. Such interests will be chargeable under Section

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

5, computed in the manner laid down in this Act". It is relevant to note that the principal charging section 4 makes the 'total income referred to in the principal charging section. Section 14 classifies the heads of income while sections 15 to 59 provide for its quantification. Chapter VI of the Income tax Act provides for aggregation of income

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

SH. RAGHUNATH SAHAI PURI(DECD),PATHANKOT vs. THE DEPTY COMMISSIONER OF INCOME TAX, PATHANKOT

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

Bench: Sh. N. K. Choudhry & Sh. O. P. Meenai.T.A. No. 633/Asr/2014 Assessment Year: 2007-08

property of M/s. Defence Services Co-op. House Building Society Ltd., Mohali to M/s. Hash Builders Pvt. Ltd., Chandigarh and M/s. Tata Housing Development Company Ltd., Mumbai on 27.04.2007 for a total consideration of Rs.1,81,25,000/- including the value of flat, be not charged to tax u/s 45 read with section 48 of the Act. 5

THE INCOME-TAX OFFICER, SRINAGAR vs. M/S. ALI SHAH,, SRINAGAR

In the result, the appeal is allowed for statistical purposes

Bench: Shri R.S. Syal & Shri N.K. Choudhryassessment Year : 2006-07

section 45(4) of the Income-tax Act, 1961 (hereinafter called `the Act’). The Ld. CIT(A) allowed certain reliefs and the Revenue approached the Tribunal. The appeal of the Revenue got accepted by the Tribunal vide its order dated 11.07.2012. The assessee went to the Hon'ble High Court. Vide its judgment dated 25.05.2017, the Hon'ble High Court

SMT. KAMAL GANDHI,NAWANSHEHAR vs. A.C.I.T, CENTRAL CIRCLE- II, JALANDHAR

In the result, the assessee’s appeal is allowed

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 458/(Asr)/2017 Assessment Year: 2010-11

house. Further, in this regard, we may clarify; the ld. counsel during hearing contending that Explanation 5 to section 271(1)(c), alluded to by the ld. CIT(A), is not applicable as the search was after 31.05.2007, and even as observed during hearing, that would be wholly inconsequential as Explanation 5A, a pari materia provision, applicable to searches after

SH. ANISH BHAN,JAMMU vs. THE INCOME-TAX OFFICER, JAMMU

In the result, both the appeals of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.28/Asr/2023 Assessment Year: 2001-02

section 69A has not been met and hence deserves to be quashed. 4. The addition of Rs. 5,50,000 has been made without judicious appreciation of facts and records I.T.A. No.28/Asr/2023 4 I.T.A. No.193/Asr/2014 available with the Ld. AO and is based only on one factor that the appellant could not produce the person who had advanced the money

SHRI HIRA LAL KADLABJU,GHAZIABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1, JAMMU

In the result, both the appeals of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.28/Asr/2023 Assessment Year: 2001-02

section 69A has not been met and hence deserves to be quashed. 4. The addition of Rs. 5,50,000 has been made without judicious appreciation of facts and records I.T.A. No.28/Asr/2023 4 I.T.A. No.193/Asr/2014 available with the Ld. AO and is based only on one factor that the appellant could not produce the person who had advanced the money