SH. VALMIK THAPAR,NEW DELHI vs. ACIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

160 against the claim of the assessee of ₹ 7,710,000. With respect to the claim of the deduction u/s 54 of The Income Tax Act with respect to the flat at Mumbai and the cost of construction of residential house property at Delhi, the learned CIT – A held that amendment to Section

ACIT, NEW DELHI vs. SH. VALMIK THAPAR, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

160 against the claim of the assessee of ₹ 7,710,000. With respect to the claim of the deduction u/s 54 of The Income Tax Act with respect to the flat at Mumbai and the cost of construction of residential house property at Delhi, the learned CIT – A held that amendment to Section

SHRI VALMIK THAPAR,NEW DELHI vs. DCIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

160 against the claim of the assessee of ₹ 7,710,000. With respect to the claim of the deduction u/s 54 of The Income Tax Act with respect to the flat at Mumbai and the cost of construction of residential house property at Delhi, the learned CIT – A held that amendment to Section

YASH SUNEJA,NEW DELHI vs. ACIT, CIRCLE-42(1), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri R.K. Panda & Shri K.Narasimha Chary

Section 54F is a beneficial provision for promoting construction of residential houses and has to be construed liberally. Kerala, Delhi, Allahabad, Calcutta and Hyderabad High Courts have taken a view that usage of the property has to be considered in determining whether it is a residential property or a commercial property and Madras High Court in C.H.KESVA RAO supra

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)

House Property". That in the case of the appellant the L.D A.O has claimed the Residential Property at "New Friends Colony, New Delhi" to be owned by the appellant, though on facts the said property has been claimed as a "Self Occupied" property by the mother of the appellant in her return filed by her Legal heir. The copy

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)

House Property". That in the case of the appellant the L.D A.O has claimed the Residential Property at "New Friends Colony, New Delhi" to be owned by the appellant, though on facts the said property has been claimed as a "Self Occupied" property by the mother of the appellant in her return filed by her Legal heir. The copy

MRS. KUSUM LATA JAIN,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is allowed partly for statistical purpose

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2007-08 Vs. Acit, Central Circle-12, New Mrs. Kusum Lata Jain, G-19, South Extension Part-I, New Delhi Delhi Pan : Aaipj1375K (Appellant) (Respondent) Appellant By S/Sh. M.P. Rastogi & P.N. Shastri, Advocates Respondent By Sh. Umesh Chand Dubey, Sr.Dr Date Of Hearing 23.05.2017 Date Of Pronouncement 31.05.2017 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 15/06/2012 Of Learned Commissioner Of Income-Tax (Appeals)-Xxxi, New Delhi [In Short ‘The Cit-(A)’] For Assessment Year 2007-08 Raising Following Grounds:

house kept vacant for self occupation. 1.2 That CIT(A) has erred in confirming the presumption made by the Assessing Officer that the property was a commercial property in AY 2007-08 on the basis of conversion charges paid in March, 2008, a subsequent year, in accordance to the Master Plan, 2008. 1.3 The learned AO has made a presumption

MANISH TYAGI,GHAZIABAD vs. ITO, GHAZIABAD

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

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) Manish Tyagi, Vs. Ito, House No. 131, Sector-6, Ward-1(4), Chiranjeev Vihar, Ghaziabad Ghaziabad Pan: Acgpt1413J (Appellant) (Respondent)

house property was allotted to a taxpayer, it would be treated as a case of construction for the purpose of section 54. c) In Rajeev B Shah vs ITO (ITA No.262/Mum/2015 decided on 08.07.2016 by ITAT Mumbai), assessee sold a plot of land on 09.02.2010 for a consideration of T19,35,325/- and earned long term capital gain

NITIN GUPTA,NEW DELHI vs. ITO WARD - 34(4), NEW DELHI

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

Bench: Shri R.K. Pandaassessment Year: 2016-17 Nitin Gupta, Vs. Ito, C-1/23, Ashok Vihar Phase-Ii, Ward-34(4), New Delhi. New Delhi. Pan: Aeapg4313C (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Revenue By : Shri R.K. Gupta, Sr. Dr Date Of Hearing : 26.08.2021 Date Of Pronouncement : 04.10.2021 Order

160/-. After claiming deduction u/s 24 of the Act towards property tax of Rs.1,78,277/- and interest on loan and other expenses of Rs.10,83,495/-, the assessee declared net loss of Rs.1,49,612/- under the head ‘Income from house property.’ He submitted that the assessee had filed the return of income in a foreign country which

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

House property': • CIT vs. Neha Builders Pvt. Ltd. 296 ITR 661 (Guj.) • Shivsagar Builders (P.) Ltd. v. ACIT: [2020] 185 ITD 684 (Delhi - Trib.) • Shree Balaji Ventures v. ITO in ITA No. 1914/Pun/2018 (Pune Trib.) • M/s Kanakia Spaces Pvt. Ltd. v. DCIT in ITA Nos. 7288 and 7289/Mum/2017 (Mum - Trib.) • M/s Runwal Constructions v. ACIT

ANSAL HOUSING & CONSTRUCTION LTD,NEW DELHI vs. ACIT, NEW DELHI

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

house property. He further pointed out that this view has been reiterated by the Hon’ble Supreme Court in the recent decision of Rayala Corporation (P.) Ltd. vs. ACIT in Civil Appeal Nos.6437 to 6441 of 2016. However, ld. counsel fairly pointed out that the Hon’ble Delhi High Court, by order dated 26th July, 2016, passed in the assessee

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

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

house property. He further pointed out that this view has been reiterated by the Hon’ble Supreme Court in the recent decision of Rayala Corporation (P.) Ltd. vs. ACIT in Civil Appeal Nos.6437 to 6441 of 2016. However, ld. counsel fairly pointed out that the Hon’ble Delhi High Court, by order dated 26th July, 2016, passed in the assessee

ANSAL HOUSING & CONSTRUCTION LTD,NEW DELHI vs. ACIT CC-20, NEW DELHI

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

house property. He further pointed out that this view has been reiterated by the Hon’ble Supreme Court in the recent decision of Rayala Corporation (P.) Ltd. vs. ACIT in Civil Appeal Nos.6437 to 6441 of 2016. However, ld. counsel fairly pointed out that the Hon’ble Delhi High Court, by order dated 26th July, 2016, passed in the assessee

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

Accordingly, the appeal of the Revenue for the assessment year 2006-07 is hereby allowed for statistical purposes

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year : 2004-05 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Ansal Housing & Construction Acit, Central Circle-20, Ltd., New Delhi. Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent) Assessment Year : 2005-06 Acit, Central Circle-20, Ansal Housing & Construction New Delhi. Ltd., Ugf-15, Indraprakash Bldg., Vs. 21, Barakhamba Road, New Delhi. Pan : Aaaca 0377 R (Appellant) (Respondent)

house property. He further pointed out that this view has been reiterated by the Hon’ble Supreme Court in the recent decision of Rayala Corporation (P.) Ltd. vs. ACIT in Civil Appeal Nos.6437 to 6441 of 2016. However, ld. counsel fairly pointed out that the Hon’ble Delhi High Court, by order dated 26th July, 2016, passed in the assessee

WEL INTERTRADE PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee in ITA No

Bench: Before Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year : 2011-12 Wel Intertrade Private Vs. Acit, Circle-27(2), Limited, New Delhi. 5,E Local Shopping Centre Masjid Moth, Greater Kailash Part 2, New Delhi – 110 048 Pan Aaacw10187F (Appellant) (Respondent) Asstt. Year : 2012-13

house property. In support, reliance is placed on Chennai Properties & Investment Ltd. vs. CIT (2015) 373 ITR 673 (SC); Rayala Corporation (P) Ltd. vs. ACIT (2016) 386 ITR 500 (SC); PCIT vs. Sri Bharathi Warehousing Corporation (2017) 392 ITR 160 (AP). 6.8.4 Likewise, it is submitted that the amount of Rs. 13,43,161/- received by way of reimbursement

ACIT, NEW DELHI vs. M/S GAHOI BUILDWELL PVT. LTD.,, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishiita Nos. 2702, 2703, 2710/Del/2013 Assessment Years 2007-08, 2008-09 & 2009-10

160,41,570 [GOA No. 1] [GOA No. 2] 2. Addition U/s 68 17,65,000 [GOA No. 2] ~ — 3. Interest for delayed payment, as 7,48,856 per working in seized documents [GOA No. 3] 4. Disallowance U/s 14A r.w.r

ACIT, NEW DELHI vs. M/S GAHOI BUILDWELL PVT. LTD.,, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishiita Nos. 2702, 2703, 2710/Del/2013 Assessment Years 2007-08, 2008-09 & 2009-10

160,41,570 [GOA No. 1] [GOA No. 2] 2. Addition U/s 68 17,65,000 [GOA No. 2] ~ — 3. Interest for delayed payment, as 7,48,856 per working in seized documents [GOA No. 3] 4. Disallowance U/s 14A r.w.r

ACIT, NEW DELHI vs. M/S GAHOI BUILDWELL PVT. LTD.,, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishiita Nos. 2702, 2703, 2710/Del/2013 Assessment Years 2007-08, 2008-09 & 2009-10

160,41,570 [GOA No. 1] [GOA No. 2] 2. Addition U/s 68 17,65,000 [GOA No. 2] ~ — 3. Interest for delayed payment, as 7,48,856 per working in seized documents [GOA No. 3] 4. Disallowance U/s 14A r.w.r