IND SWIFT LABORATORIES LTD.,CHANDIGARH vs. DCIT, CIRCLE 1(1), CHANDIGARH

In the result, the appeal is allowed, as indicated

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

254 ITR 377 that once it is established that there was nexus between the expenditure and the purpose of the business (which need not necessarily be the business of the assessee itself), the Revenue cannot justifiably claim to put itself in the arm- chair of the businessman or in the position of the board of directors and assume the role

M/S FASTWAY TRANSMISSION (P) LTD.,CHANDIGARH vs. DCIT, CC-II, CHANDIGARH

In the result the captioned appeals of the assessee are

Bench: Shri N.K. Saini & Shri Sanjay Gargआयकर अपील सं./ Ita No.547/Chd/2017 "नधा"रण वष" / Assessment Year : 2013-14

1. CIT vs Shaan Finance (P) Ltd. 231 ITR 308 (SC) 2. CIT vs. Maharashtra Apex Corporation 254 ITR 98(SC) 3. ICDS Ltd. Vs. CIT 350 ITR 527(SC) 4. Rajshree Roadways vs. Union of India [2003] 129taxman 663(Raj.) 5. PKF Finance Ltd. Vs CIT (Pb. & Hry) 6. CIT Vs Cosmo Films Ltd. (2011) 338ITR

M/S FASTWAY TRANSMISSION (P) LTD.,CHANDIGARH vs. DCIT, CC-II, CHANDIGARH

In the result the captioned appeals of the assessee are

Bench: Shri N.K. Saini & Shri Sanjay Gargआयकर अपील सं./ Ita No.547/Chd/2017 "नधा"रण वष" / Assessment Year : 2013-14

1. CIT vs Shaan Finance (P) Ltd. 231 ITR 308 (SC) 2. CIT vs. Maharashtra Apex Corporation 254 ITR 98(SC) 3. ICDS Ltd. Vs. CIT 350 ITR 527(SC) 4. Rajshree Roadways vs. Union of India [2003] 129taxman 663(Raj.) 5. PKF Finance Ltd. Vs CIT (Pb. & Hry) 6. CIT Vs Cosmo Films Ltd. (2011) 338ITR

M/S FASTWAY TRANSMISSION (P) LTD.,CHANDIGARH vs. ACIT, CHANDIGARH

In the result the captioned appeals of the assessee are

Bench: Shri N.K. Saini & Shri Sanjay Gargआयकर अपील सं./ Ita No.547/Chd/2017 "नधा"रण वष" / Assessment Year : 2013-14

1. CIT vs Shaan Finance (P) Ltd. 231 ITR 308 (SC) 2. CIT vs. Maharashtra Apex Corporation 254 ITR 98(SC) 3. ICDS Ltd. Vs. CIT 350 ITR 527(SC) 4. Rajshree Roadways vs. Union of India [2003] 129taxman 663(Raj.) 5. PKF Finance Ltd. Vs CIT (Pb. & Hry) 6. CIT Vs Cosmo Films Ltd. (2011) 338ITR

DCIT, C-1, (E), CHANDIGARH vs. M/S MANAV MANGAL SOCIETY, CHANDIGARH

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

depreciation on car were disallowed u/s 13(2)(b) of the Act, since the car was being used by the Chairman of Trust. It was held by the Hon'ble IT AT that no incriminating material was found during the course of search that the cars were being used for personal purpose and for allegation of section

M/S MANAV MANGAL SOCIETY,CHANDIGARH vs. DCIT, C-1, (E), CHANDIGARH

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

depreciation on car were disallowed u/s 13(2)(b) of the Act, since the car was being used by the Chairman of Trust. It was held by the Hon'ble IT AT that no incriminating material was found during the course of search that the cars were being used for personal purpose and for allegation of section

DCIT, C-1, (E), CHANDIGARH vs. M/S MANAV MANGAL SOCIETY, CHANDIGARH

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

depreciation on car were disallowed u/s 13(2)(b) of the Act, since the car was being used by the Chairman of Trust. It was held by the Hon'ble IT AT that no incriminating material was found during the course of search that the cars were being used for personal purpose and for allegation of section

M/S MANAV MANGAL SOCIETY,CHANDIGARH vs. DCIT, C-1, (E), CHANDIGARH

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

depreciation on car were disallowed u/s 13(2)(b) of the Act, since the car was being used by the Chairman of Trust. It was held by the Hon'ble IT AT that no incriminating material was found during the course of search that the cars were being used for personal purpose and for allegation of section

DCIT,CIRCLE-1(EXEMPTION), CHANDIGARH vs. M/S MANAV MANGAL SCHOOL( MANAV MANGAL SOCIETY), CHANDIGARH

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

depreciation on car were disallowed u/s 13(2)(b) of the Act, since the car was being used by the Chairman of Trust. It was held by the Hon'ble IT AT that no incriminating material was found during the course of search that the cars were being used for personal purpose and for allegation of section

DCIT, C-1, (E), CHANDIGARH vs. M/S MANAV MANGAL SOCIETY, CHANDIGARH

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

depreciation on car were disallowed u/s 13(2)(b) of the Act, since the car was being used by the Chairman of Trust. It was held by the Hon'ble IT AT that no incriminating material was found during the course of search that the cars were being used for personal purpose and for allegation of section

DCIT, C-1, (E), CHANDIGARH vs. M/S MANAV MANGAL SOCIETY, CHANDIGARH

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

depreciation on car were disallowed u/s 13(2)(b) of the Act, since the car was being used by the Chairman of Trust. It was held by the Hon'ble IT AT that no incriminating material was found during the course of search that the cars were being used for personal purpose and for allegation of section

DCIT, C-1, (E), CHANDIGARH vs. M/S MANAV MANGAL SOCIETY, CHANDIGARH

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

depreciation on car were disallowed u/s 13(2)(b) of the Act, since the car was being used by the Chairman of Trust. It was held by the Hon'ble IT AT that no incriminating material was found during the course of search that the cars were being used for personal purpose and for allegation of section

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

Appeal of the assessee is allowed

Bench: Ao)

depreciation is not in respect of the assets rented out either. The assessee is incurring is a business loss and that all that matters. Whatever be the consequences of such losses on assessee's ultimate tax liability does not govern the question whether deduction for expenses could be allowed or not. In the light of these discussions and bearing

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

Appeal of the assessee is allowed

Bench: Ao)

depreciation is not in respect of the assets rented out either. The assessee is incurring is a business loss and that all that matters. Whatever be the consequences of such losses on assessee's ultimate tax liability does not govern the question whether deduction for expenses could be allowed or not. In the light of these discussions and bearing

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

Appeal of the assessee is allowed

Bench: Ao)

depreciation is not in respect of the assets rented out either. The assessee is incurring is a business loss and that all that matters. Whatever be the consequences of such losses on assessee's ultimate tax liability does not govern the question whether deduction for expenses could be allowed or not. In the light of these discussions and bearing

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

Appeal of the assessee is allowed

Bench: Ao)

depreciation is not in respect of the assets rented out either. The assessee is incurring is a business loss and that all that matters. Whatever be the consequences of such losses on assessee's ultimate tax liability does not govern the question whether deduction for expenses could be allowed or not. In the light of these discussions and bearing

PUNJAB BEVERAGES PVT. LTD.,PATIALA vs. DCIT, CIRCLE, PATIALA

Bench: Shri Sanjay Garg & Smt.Annapurna Guptaआयकर अपील सं./ Ita No.438/Chd/2018 "नधा"रण वष" / Assessment Year : 2001-02

depreciation allowance and thereafter assess the income in accordance with law. The Ld.CIT(A) stated that his aforesaid directions would not tantamount to setting aside the assessment order and referring the case back to the A.O. for making fresh A.Y.2001-02 assessment which had been omitted from section 251(1)(a) of the Act giving the powers

DCIT, CIRCLE, PATIALA vs. M/S PUNJAB BEVERAGES PVT. LTD., PATIALA

Bench: Shri Sanjay Garg & Smt.Annapurna Guptaआयकर अपील सं./ Ita No.438/Chd/2018 "नधा"रण वष" / Assessment Year : 2001-02

depreciation allowance and thereafter assess the income in accordance with law. The Ld.CIT(A) stated that his aforesaid directions would not tantamount to setting aside the assessment order and referring the case back to the A.O. for making fresh A.Y.2001-02 assessment which had been omitted from section 251(1)(a) of the Act giving the powers

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, , AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

254 dt. 05/03/2018 was issued and served upon the assessee on 06/03/2018. 2.5 A notice under section 142(1) dt. 19/11/2018 alongwith detailed questionnaire was issued and served upon the assessee on 20.11.2018. 2.6 We reproduce below Para 7 and 13 of order of this Tribunal (supra) “ 7. We have considered the rival contentions and have also gone through