OM PRAKASH JAKHOTIA,TELANGNA vs. ACIT, CC-26, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

144 of the Act. Hence the orders so passed by the Assessing Officer u/s 143(3) for the A.Y 2012-13 and under section 153A read with section 143(3) for the A.Ys 2011-12 and 2009-10 suffer from an incurable jurisdictional defect and cannot be upheld. On this count alone the assessment orders in respect of A.Ys

OM PRAKASH JAKHOTIA,TELANGNA vs. ACIT, CC-26, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

144 of the Act. Hence the orders so passed by the Assessing Officer u/s 143(3) for the A.Y 2012-13 and under section 153A read with section 143(3) for the A.Ys 2011-12 and 2009-10 suffer from an incurable jurisdictional defect and cannot be upheld. On this count alone the assessment orders in respect of A.Ys

OM PRAKASH JAKHOTIA,TELANGNA vs. ACIT, CC-26, NEW DELHI

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

144 of the Act. Hence the orders so passed by the Assessing Officer u/s 143(3) for the A.Y 2012-13 and under section 153A read with section 143(3) for the A.Ys 2011-12 and 2009-10 suffer from an incurable jurisdictional defect and cannot be upheld. On this count alone the assessment orders in respect of A.Ys

EBRO INDIA PVT.LTD. ,DELHI vs. ACIT CIRCLE-7(1), DELHI

In the result, the ground no 4 raised by the assessee is allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

Housing Ltd. Vs. National E Assessment Center Delhi ; 441 ITR 285(del)  Devanshu Infin Ltd. Vs. National E Assessment Center Delhi ;284 Taxman 36  Ramprastha Buildwell (P.) Ltd. Vs. National E Assessment Center, Delhi; 283 Taxman 235 13  KRS Home Developers (P.) Ltd. Vs. National Faceless Assessment Centre ;283 Taxman 413  Umkal Healthcare (P.) Ltd. Vs. National Faceless Assessment Centre

SMT. RITU SINGH,DELHI vs. ITO, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2012-13

3)Less: Properties purchased before due date of filing return of income (Belated) 35,04,400 ____________ (allowed by AO upto payment made before due Date of filing original return i.e. 31.07.2012) 21,72,752 ______________ Addition as per Assessment order 11,49,116 _______________ ii) The details of properties purchased before filing belated return are as under:- Particulars of property Date

ORIENT CRAFT LIMITED,GURGAON vs. DCIT CENTRAL CIRCLE 2, GURGAON

Bench: Sh. M. Balaganesh & Sh.Anubhav Sharma

house property and thereby the returned income of Rs. 18,10,42,260/- was recomputed at Rs. 30,93,07,020/-. Admittedly, assessee had preferred an appeal 5 1097/Del/2023 against this intimation and the same was withdrawn for which assessee claims. The reason for withdrawal was that regular scrutiny assessment u/s 143(3) was initiated. 10.1 Now if we look

ASHA BURMAN,NEW DELHI vs. ACIT CIRCLE 46(1), NEW DELHI

In the result, appeals of the Assessee are partly allowed for

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraआ.अ.सं/.I.T.A Nos.539 To 544/Del/2024 िनधा"रणवष"/Assessment Years:2012-13 To 2017-18 बनाम Asha Burman Acit, 4Th Floor, Punjabi Bhawan, Vs. Circle 46(1), 10, Rouse Avenue, New Delhi. Drum Shape Building, Ito, Pan No.Aaepb0966C New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

144. Therefore, the assessment of income from house property, thereby presuming/assuming that the whole property has been let out is based on suspicion because the assessee has not let out the whole building but only a portion thereof, i.e. third floor only. Hence whatever the ALV has to be taken, that has to be taken only in respect of third

ASHA BURMAN,NEW DELHI vs. ACIT CIRCLE 46(1), NEW DLEHI

In the result, appeals of the Assessee are partly allowed for

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraआ.अ.सं/.I.T.A Nos.539 To 544/Del/2024 िनधा"रणवष"/Assessment Years:2012-13 To 2017-18 बनाम Asha Burman Acit, 4Th Floor, Punjabi Bhawan, Vs. Circle 46(1), 10, Rouse Avenue, New Delhi. Drum Shape Building, Ito, Pan No.Aaepb0966C New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

144. Therefore, the assessment of income from house property, thereby presuming/assuming that the whole property has been let out is based on suspicion because the assessee has not let out the whole building but only a portion thereof, i.e. third floor only. Hence whatever the ALV has to be taken, that has to be taken only in respect of third

ASHA BURMAN,NEW DELHI vs. ACIT CIRCLE 46(1), NEW DELHI

In the result, appeals of the Assessee are partly allowed for

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraआ.अ.सं/.I.T.A Nos.539 To 544/Del/2024 िनधा"रणवष"/Assessment Years:2012-13 To 2017-18 बनाम Asha Burman Acit, 4Th Floor, Punjabi Bhawan, Vs. Circle 46(1), 10, Rouse Avenue, New Delhi. Drum Shape Building, Ito, Pan No.Aaepb0966C New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

144. Therefore, the assessment of income from house property, thereby presuming/assuming that the whole property has been let out is based on suspicion because the assessee has not let out the whole building but only a portion thereof, i.e. third floor only. Hence whatever the ALV has to be taken, that has to be taken only in respect of third

ASHA BURMAN,NEW DELHI vs. ACIT CIRCLE 46(1), NEW DELHI

In the result, appeals of the Assessee are partly allowed for

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraआ.अ.सं/.I.T.A Nos.539 To 544/Del/2024 िनधा"रणवष"/Assessment Years:2012-13 To 2017-18 बनाम Asha Burman Acit, 4Th Floor, Punjabi Bhawan, Vs. Circle 46(1), 10, Rouse Avenue, New Delhi. Drum Shape Building, Ito, Pan No.Aaepb0966C New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

144. Therefore, the assessment of income from house property, thereby presuming/assuming that the whole property has been let out is based on suspicion because the assessee has not let out the whole building but only a portion thereof, i.e. third floor only. Hence whatever the ALV has to be taken, that has to be taken only in respect of third

ASHA BURMAN,NEW DELHI vs. ACIT CIRCLE 46(1), NEW DELHI

In the result, appeals of the Assessee are partly allowed for

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraआ.अ.सं/.I.T.A Nos.539 To 544/Del/2024 िनधा"रणवष"/Assessment Years:2012-13 To 2017-18 बनाम Asha Burman Acit, 4Th Floor, Punjabi Bhawan, Vs. Circle 46(1), 10, Rouse Avenue, New Delhi. Drum Shape Building, Ito, Pan No.Aaepb0966C New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

144. Therefore, the assessment of income from house property, thereby presuming/assuming that the whole property has been let out is based on suspicion because the assessee has not let out the whole building but only a portion thereof, i.e. third floor only. Hence whatever the ALV has to be taken, that has to be taken only in respect of third

AMBIENCE DEVELOPERS AND INFRASTRUCTURE PRIVATE LIMITED,DELHI vs. PCIT (CENTRAL) DELHI-2, JHANDEWALAN NEW DELHI, DELHI

property. The said tax position was also duly accepted by\nthe department in the preceding and succeeding year. The assessee\nalready claimed standard deduction under Section 24(a) of the Act to the\ntune of Rs.57,81,40,137/- upon making suo motu disallowance of other\nexpenses amounting to Rs.13,68,61,227/- in regard to the house\nproperty income

AMBIENCE DEVELOPERS AND INFRASTRUCTURE PRIVATE LIMITED,DELHI vs. PCIT (CENTRAL), DELHI-2 JHANDEWALAN, NEW DELHI, DELHI

property. The said tax position was also duly accepted by\nthe department in the preceding and succeeding year. The assessee\nalready claimed standard deduction under Section 24(a) of the Act to the\ntune of Rs.57,81,40,137/- upon making suo motu disallowance of other\nexpenses amounting to Rs.13,68,61,227/- in regard to the house\nproperty income

ITO, NEW DELHI vs. M/S ANSAL HOUSING & CONSTRUCTION LTD., NEW DELHI

In the result, the cross-objection filed by the assessee is dismissed

Bench: Shri G.S.Pannu & Shri Kul Bharat[Assessment Year : 2007-08] Dcit, Vs Ansal Housing & Construction Ltd., Central Circle-20, Ugf-15, Indraprastha Building, 21, New Delhi. Barakhamba Road, New Delhi. Pan-Aaaca0377R Appellant Respondent

144, which is pending disposal. • AY 2005-06 and 2006-07: ITA No. 931 and 934 of 2017 (Delhi High Court) (Refer, pages 1-14 of the case law PB, relevant finding @ pg. no. 5-14) The Delhi High Court rejected the argument of the assessee that since the property was vacant for the whole of the previous year

INDIAN NATIONAL CONG. (I) AICC vs. C.I.T.- XI

house property, which is reflected in its returns. That apart, Section 56 (1) of the Act makes it clear that even if there was no income under clauses A to E of Section 14 of the Act, there could be income from other sources under clause F of Section 14 of the Act. 83. Mr Singh is right

DEEPAK KATHARI,KANPUR vs. ACIT, CC-5, NEW DELHI

In the result, the appeal filed by the assessee is allowed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

144 (SC) c) Hon'ble Supreme Court in the case of Excel Industries (SC) 358 ITR 0295 4.1.17 In view of above discussion, it is held that-the appellant has rightly computed long term capital gain as per mode of computation prescribed in section 48 of Income Tax Act and the Assessing Officer was not justified in computing income

DCIT CENTRAL CIRCLE 05 , DELHI vs. DEEPAK KOTHARI , KANPUR

In the result, the appeal filed by the assessee is allowed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

144 (SC) c) Hon'ble Supreme Court in the case of Excel Industries (SC) 358 ITR 0295 4.1.17 In view of above discussion, it is held that-the appellant has rightly computed long term capital gain as per mode of computation prescribed in section 48 of Income Tax Act and the Assessing Officer was not justified in computing income

ESSAR COMMUNICATIONS LIMITED,MAURITIUS vs. ACIT, CIRCLE-1 (2)(2), NEW DELHI

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

Section 6(3) of the IT Act India read with Article 4(3) of the Treaty 26 (II) Judicial Dicta on tests for “control and management of affairs 223-239 situated wholly in India” 27 (III) Case of Dual Residence under the Treaty-Applicability of 235-239 Article 4(3) of Indo Mauritius DTAA Part-B-VI - Rebuttal of objections

ACIT, CIRCLE-7(1), NEW DELHI vs. DLF COMMERCIAL DEVELOPERS LTD., NEW DELHI

In the result, all the appeals of the Revenue are dismissed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

House Property". The judgment has been accepted by the Board. 3. In view of the above, it is now a settled position that in the case of an undertaking which develops, develops and operates or maintains and operates an industrial park/SEZ notified in accordance with the scheme framed and notified by the Government, the income from letting out of premises/developed