M/S ORBIT RESORTS (P) LTD.,CHANDIGARH vs. DCIT, C-1(1), CHANDIGARH

In the result, appeals of the Assessee stands allowed

Bench: or at the time of hearing of appeal, with the permission of the Hon'ble Income Tax Appellate Tribunal.

permanent establishment in India and that TDS would have been deductible only if Income was chargeable to tax in India

SATINDER PAUL THROUGH L/H NEELAM SAINI,PINJORE vs. INCOME TAX OFFICER, PANCHKULA

In the result, the ground no

Bench: SH. SANJAY GARG (Judicial Member)

TDS proceeding is independent of the other provisions of the Act cannot be disputed, but however, what the revenue seeks to a state is that it is for the Assessing Officer to examine as to whether the receipts in the hands of the employee is a compensation for a closure or a package received as a Voluntary Retirement settlement

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

permanently the Assessee Corporation being an artificial juridical person is required to at least sustain itself as such. Hence, we hold that Administrative Expenses incurred are must for its survival till final call is taken by Govt. of Punjab on it’s very existence / survivalas a corporate entity. The decision to this effect is under policy realm of Govt

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

permanently the Assessee Corporation being an artificial juridical person is required to at least sustain itself as such. Hence, we hold that Administrative Expenses incurred are must for its survival till final call is taken by Govt. of Punjab on it’s very existence / survivalas a corporate entity. The decision to this effect is under policy realm of Govt

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

permanently the Assessee Corporation being an artificial juridical person is required to at least sustain itself as such. Hence, we hold that Administrative Expenses incurred are must for its survival till final call is taken by Govt. of Punjab on it’s very existence / survivalas a corporate entity. The decision to this effect is under policy realm of Govt

M/S PUNJAB TOURISM DEVELOPMENET CORPORATION LIMITED,CHANDIGARH vs. DCIT,CIRCLE-1(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: Ao)

permanently the Assessee Corporation being an artificial juridical person is required to at least sustain itself as such. Hence, we hold that Administrative Expenses incurred are must for its survival till final call is taken by Govt. of Punjab on it’s very existence / survivalas a corporate entity. The decision to this effect is under policy realm of Govt

DAYAL SINGH,VILL FATEHPUR PO BUREWALA vs. ITO WARD-1, PANCHKULA

In the result, the ground no

Bench: Shri Sanjay Gargआयकर अपील सं./ Ita No. 519/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 बनाम Dayal Singh, The Ito, Vill Fatehpur Ward -1, Po Burewala Panchkula Distt.Amabla 134204 "थायी लेखा सं./Pan No: Acdps7697G अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Y.R. Saini, Adv. राज"व क" ओर से/ Revenue By : Sh. Vivek Vardhan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 11.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.12.2024 आदेश/Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 20.03.2024 Passed By The Ld. Addl. / Jcit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2017-18. 2. The Assess Ee In This Appeal H As Taken Foll Owing Groun Ds Of Appeal: 1 That In The F Acts & Circumstance Of The Case The Id. Addl/Jcit (A)-9 Mumbai Of Cit (A)( Nfac) Has Erred In Law By Placing Reliance On Judgement Of Hon'Ble Apex Court In The Case Of Maji Sinneman Vs Reddy

TDS proceeding is independent of the other provisions of the Act cannot be disputed, but however, what the revenue seeks to a state is that it is for the ITA No. 519-Chd-2024 Dayal Singh, Distt. Ambala , 12 Assessing Officer to examine as to whether the receipts in the hands of the employee is a compensation for a closure

NIRMALA RANI L/H OF SH. AZAD SINGH,PINJORE vs. ITO, WARD -1, , PANCHKULA

In the result, Ground No. 2 of the assessee is allowed

Bench: The Appeal Is Finally Heard & Disposed Of.

TDS proceeding is independent of the other provisions of the Act cannot be disputed, but however, what the revenue seeks to a state is that it is for the Assessing Officer to examine as to whether the receipts in the hands of the employee is a compensation for a closure or a package received as a Voluntary Retirement settlement

NARESH KUMAR KAMBOJ,ZIRAKPUR vs. INCOME TAX OFFICER , PANCHKULA

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg

TDS proceeding is independent of the other provisions of the Act cannot be disputed, but however, what the revenue seeks to a state is that it is for the Assessing Officer to examine as to whether the receipts in the hands of the employee is a compensation for a closure or a package received as a Voluntary Retirement settlement

SH. SOHAN LAL,PINJORE vs. ITO, WARD -3, PANCHKULA

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

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

TDS proceeding is independent of the other provisions of the Act cannot be disputed, but however, what the revenue seeks to a state is that it is for the Assessing Officer to examine as to whether the receipts in the hands of the employee is a compensation for a closure or a package received as a Voluntary Retirement settlement

SH. MARTIN EKKA S/O SH. LALSAY EKKA,PANCHKULA vs. ITO, WARD -1, PANCHKULA

In the result, the ground no

Bench: SH. SANJAY GARG (Judicial Member)

TDS proceeding is independent of the other provisions of the Act cannot be disputed, but however, what the revenue seeks to a state is that it is for the Assessing Officer to examine as to whether the receipts in the hands of the employee is a compensation for a closure or a package received as a Voluntary Retirement settlement

KARNAIL SINGH,UK vs. JCIT (OSD) INTL. TAXATION, CIRCLE, CHANDIGARH

In the result, all the appeals of the assessee stands allowed

established norms, case laws and jurisprudence of penalty under the Income Tax Act and against various judicial pronouncements. 9. That the lower authorities have failed to appreciate that this is a simple case where the assessee declared the income under the head Income From House Property but the revenue has assessed the income under the head Income From Other Sources

KARNAIL SINGH,UK vs. JCIT (OSD) INTL. TAXATION, CIRCLE, CHANDIGARH

In the result, all the appeals of the assessee stands allowed

established norms, case laws and jurisprudence of penalty under the Income Tax Act and against various judicial pronouncements. 9. That the lower authorities have failed to appreciate that this is a simple case where the assessee declared the income under the head Income From House Property but the revenue has assessed the income under the head Income From Other Sources

KARNAIL SINGH,UK vs. JCIT (OSD) INTL. TAXATION, CIRCLE, CHANDIGARH

In the result, all the appeals of the assessee stands allowed

established norms, case laws and jurisprudence of penalty under the Income Tax Act and against various judicial pronouncements. 9. That the lower authorities have failed to appreciate that this is a simple case where the assessee declared the income under the head Income From House Property but the revenue has assessed the income under the head Income From Other Sources

KARNAIL SINGH,UK vs. JCIT (OSD) INTL. TAXATION, CIRCLE, CHANDIGARH

In the result, all the appeals of the assessee stands allowed

established norms, case laws and jurisprudence of penalty under the Income Tax Act and against various judicial pronouncements. 9. That the lower authorities have failed to appreciate that this is a simple case where the assessee declared the income under the head Income From House Property but the revenue has assessed the income under the head Income From Other Sources

KARNAIL SINGH,UK vs. JCIT (OSD) INTL. TAXATION, CIRCLE, CHANDIGARH

In the result, all the appeals of the assessee stands allowed

established norms, case laws and jurisprudence of penalty under the Income Tax Act and against various judicial pronouncements. 9. That the lower authorities have failed to appreciate that this is a simple case where the assessee declared the income under the head Income From House Property but the revenue has assessed the income under the head Income From Other Sources

KARNAIL SINGH,UK vs. JCIT (OSD) INTL. TAXATION, CIRCLE, CHANDIGARH

In the result, all the appeals of the assessee stands allowed

established norms, case laws and jurisprudence of penalty under the Income Tax Act and against various judicial pronouncements. 9. That the lower authorities have failed to appreciate that this is a simple case where the assessee declared the income under the head Income From House Property but the revenue has assessed the income under the head Income From Other Sources

M/S GLAXO SMITHKLINE ASIA PVT. LTD.,NABHA vs. DCIT, C-4(1), CHANDIGARH

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

establishing that there is a constant touch between the appellant and GSK Bio for R&D activities 2.2 That the CIT(A) erred on facts and in law in holding that clinical trial activities constitute permanent establishment of GSK Bio in India within the meaning of Double Taxation Avoidance Agreement (DTAA) between India and Belgium on account of the following