M/S PAGRO FROZEN FOODS PVT. LTD.,CHANDIGARH vs. ITO, W-2(3), CHANDIGARH

The appeal of the Assessee is dismissed

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

depreciation current year income year 2012-13 25199906 7429889 17770017 2013-14 7027382 0 7027382 Total 32227288 7429889 24797399 Losses to be carried forward Rs. 2,47,97,399/-. Assessed. Issue requisite documents. Charge Interest u/s 234A/B/C, if any. Penalty proceedings u/s 271(1)(c) of the I.T. Act is being initiated separately for furnishing inaccurate particulars of income

KAKA SINGH ALIAS GULJAR SINGH,PATIALA vs. INCOME TAX OFFICER , PATIALA

section 57.\nThe said provision reads thus:\n\"57. Deductions.-The income chargeable under the head 'Income from other\nsources' shall be computed after making the following deductions, namely :.\n(iv) in the case of income of the nature referred to in clause (viii) of sub-\nsection (2) of section 56, a deduction of a sum equal to fifty

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), CHANDIGARH, CHANDIGARH vs. UNIPRO TECHNO INFRASTRUCTURE PVT LTD, CHANDIGARH

In the result, the order of the ld CIT(A) is confirmed and the grounds of appeal taken by the Revenue are dismissed

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

47,55,843/- of deduction u/s 80IA of the Income Tax Act, 1961 on the plea that the assessee is a contractor not a developer. The appellant has claimed that orders of the AO are against the law and facts of the case on account of Judicial inconsistency as the cases of the assessee and its sister concern Kaveri Infrastructure

SH. PARGAT SINGH,PANIPAT vs. ITO, WARD -1, KAITHAL

47[or by any university or other educational\ninstitution referred to in sub-clause (iiia) or sub-clause (vi) or by any hospital\nor other institution referred to in sub-clause (iiiae) or sub-clause (via)] of\nclause (23C) of section 1048 [or by an electoral trust]].\nExplanation. For the purposes of this sub-clause, \"trust\" includes any other\nlegal

SHIVA SPECIALITY YARNS LTD.,LUDHIANA vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-I, LUDHIANA

Appeal of the assessee is allowed for

Bench: Shri Rajpal Yadav & Shri Vikram Singh Yadav

depreciation. The AO was of the view that business loss of Rs.19,26,39,748/- is not allowable to the assessee because the return under Section 139(1) was not filed within the time limit provided in Section 139(3) of the Income Tax Act. The AO further observed that as per Section 80 of the Income

ITO, WARD-6(1), MOHALI vs. QUARKCITY INDIA PVT. LTD., MOHALI

In the result, the appeal filed by the Revenue is dismissed

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

section 32 of the Income Tax Act. The depreciation claimed against work in progress is not claimed by the appellant. As the items on which depreciation was claimed are part of finished building, being used or are ready to be used by the appellant, there is no basis for a summary disallowance of 50% by the assessing officer

ITO, WARD-6(1), MOHALI vs. QUARKCITY INDIA PVT. LTD., MPHALI

In the result, the appeal filed by the Revenue is dismissed

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

section 32 of the Income Tax Act. The depreciation claimed against work in progress is not claimed by the appellant. As the items on which depreciation was claimed are part of finished building, being used or are ready to be used by the appellant, there is no basis for a summary disallowance of 50% by the assessing officer

ITO, WARD-6(1), MOHALI vs. QUARKCITY INDIA PVT. LTD., MOHALI

In the result, the appeal filed by the Revenue is dismissed

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

section 32 of the Income Tax Act. The depreciation claimed against work in progress is not claimed by the appellant. As the items on which depreciation was claimed are part of finished building, being used or are ready to be used by the appellant, there is no basis for a summary disallowance of 50% by the assessing officer

ITO, WARD-6(1), MOHALI vs. QUARKCITY INDIA PVT. LTD., MOHALI

In the result, the appeal filed by the Revenue is dismissed

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

section 32 of the Income Tax Act. The depreciation claimed against work in progress is not claimed by the appellant. As the items on which depreciation was claimed are part of finished building, being used or are ready to be used by the appellant, there is no basis for a summary disallowance of 50% by the assessing officer

ITO, WARD-6(1), MOHALI vs. QUARKCITY INDIA PVT. LTD., MOHALI

In the result, the appeal filed by the Revenue is dismissed

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

section 32 of the Income Tax Act. The depreciation claimed against work in progress is not claimed by the appellant. As the items on which depreciation was claimed are part of finished building, being used or are ready to be used by the appellant, there is no basis for a summary disallowance of 50% by the assessing officer

ITO, WARD-6(1), MOHALI vs. QUARKCITY INDIA PVT. LTD., MPHALI

In the result, the appeal filed by the Revenue is dismissed

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

section 32 of the Income Tax Act. The depreciation claimed against work in progress is not claimed by the appellant. As the items on which depreciation was claimed are part of finished building, being used or are ready to be used by the appellant, there is no basis for a summary disallowance of 50% by the assessing officer

ITO, WARD-6(1), MOHALI vs. QUARKCITY INDIA PVT. LTD., MPHALI

In the result, the appeal filed by the Revenue is dismissed

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

section 32 of the Income Tax Act. The depreciation claimed against work in progress is not claimed by the appellant. As the items on which depreciation was claimed are part of finished building, being used or are ready to be used by the appellant, there is no basis for a summary disallowance of 50% by the assessing officer

ITO, WARD-6(1), MOHALI vs. QUARKCITY INDIA PVT. LTD., MOHALI

In the result, the appeal filed by the Revenue is dismissed

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

section 32 of the Income Tax Act. The depreciation claimed against work in progress is not claimed by the appellant. As the items on which depreciation was claimed are part of finished building, being used or are ready to be used by the appellant, there is no basis for a summary disallowance of 50% by the assessing officer

ITO, WARD-6(1), MOHALI vs. QUARKCITY INDIA PVT. LTD., MPHALI

In the result, the appeal filed by the Revenue is dismissed

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

section 32 of the Income Tax Act. The depreciation claimed against work in progress is not claimed by the appellant. As the items on which depreciation was claimed are part of finished building, being used or are ready to be used by the appellant, there is no basis for a summary disallowance of 50% by the assessing officer

WINSOME TEXTILE INDUSTRIES LIMITED,CHANDIGARH vs. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4(1), CHANDIGARH, CHANDIGARH

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

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

Section 147 is attracted. The reasons to believe ought to also paraphrase any investigation report which may form the basis of the reasons and any enquiry conducted by the AO on the same and if so, the conclusions thereof; (iii) where the reasons make a reference to another document, whether as a letter or report, such document and/ or relevant

M/S HEADMASTER SALOON PVT.LTD.,CHANDIGARH vs. DCIT-CIRCLE-1(1), CHANDIGARH

In the result, appeal of the assessee is allowed for statistical purposes

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

section 143(3) of the Income Tax Act, 1961 on page 3 para 6 has observed as follows: “ 6. On perusal of the above reply, it was seen that the assessee had not declared the voluntary disclosure / surrender of income that was made by him during the course of survey operation.” 16. During the course of the assessment proceedings

SANJEEV BATISH,PANCHKULA vs. DCIT, CIRCLE, PANCHKULA

Appeal of the assessee is allowed

depreciation in any year. With an expansion of such a nature not only there would be increase in production but generation of more employment as well, which would benefit the local populace. It is for this reason, carrying out substantial expansion by itself is treated as ‘initial assessment year’. It would mean that even when an old unit completes substantial

M/S GLAXOSMITHKLINE ASIA PVT. LTD.,GURGAON vs. ACIT, CHANDIGARH

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

depreciation which is of no relevance since the entire claim of expenses has been allowed treating it as revenue in nature 21. The issue of allowability of market research expenses, accordingly, is decided in favour of the assessee. Issue No.6: The disallowance of post retirement medical benefit holding this expenditure as being in the nature of contingent liability, raised