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

DY. COMMISSIONER OF INCOME TAX, CETRAL CIRCLE-I, NOIDA, NOIDA vs. ADVANT IT PARK PRIVATE LIMITED, DELHI

Accordingly, both the appeals of the\nRevenue are dismissed

sections 22 and 56, of the Income-tax Act, 1961-\nBusiness income -Chargeable as (Rental income) Assessment year 2011-\n12 Whether rental income received by assessee from letting out building\nalong with other amenities in an industrial park would be chargeable to\ntax under head 'income from business and profession and not as 'income\nfrom house property - Held, yes [Paras

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I, NOIDA, NOIDA vs. M/S ADVANT IT PARK PRIVATE LIMITED, DELHI

Accordingly, both the appeals of the\nRevenue are dismissed

sections 22 and 56, of the Income-tax Act, 1961-\nBusiness income -Chargeable as (Rental income) Assessment year 2011-\n12 Whether rental income received by assessee from letting out building\nalong with other amenities in an industrial park would be chargeable to\ntax under head 'income from business and profession and not as 'income\nfrom house property - Held, yes [Paras

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

properties claimed as being vacant farm lands needs verification by the AO for ascertaining the correctness of the claim that no house/building was constructed on such lands. Thus the issue is hereby, restored to AO. If it is found true that during the relevant time, no house property/commercial space were constructed thereon. No addition would be called for. Thus, Ground

MOIN AKHTAR QURESHI AS REPRESENTATIVE ASSESSEE/AGENT OF M/S. DESIGN 39 INC.,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, ITA.No.6672/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

163 become inapplicable as 20 ITA.No.6672 to 6675, 6668 to 6671 & 6667/Del./2018 Moin Akhtar Qureshi, Representative Assessee/Agent of M/s. Jean Louis Deniot etc., New Delhi. the said section is only applicable in the case of a non- resident. He submitted that the Ld. CIT(A) conveniently ignored to consider the submissions made by the assessee. 6.1. Without prejudice

MOIN AKHTAR QURESHI AS REPRESENTATIVE ASSESSEE/AGENT OF M/S. CABINET JEAN LOUIS DENIOT ,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, ITA.No.6672/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

163 become inapplicable as 20 ITA.No.6672 to 6675, 6668 to 6671 & 6667/Del./2018 Moin Akhtar Qureshi, Representative Assessee/Agent of M/s. Jean Louis Deniot etc., New Delhi. the said section is only applicable in the case of a non- resident. He submitted that the Ld. CIT(A) conveniently ignored to consider the submissions made by the assessee. 6.1. Without prejudice

MOIN AKHTAR QURESHI AS REPRESENTATIVE ASSESSEE/AGENT OF M/S. JEAN LOUIS DENIOT,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, ITA.No.6672/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

163 become inapplicable as 20 ITA.No.6672 to 6675, 6668 to 6671 & 6667/Del./2018 Moin Akhtar Qureshi, Representative Assessee/Agent of M/s. Jean Louis Deniot etc., New Delhi. the said section is only applicable in the case of a non- resident. He submitted that the Ld. CIT(A) conveniently ignored to consider the submissions made by the assessee. 6.1. Without prejudice

MOIN AKHTAR QURESHI AS REPRESENTATIVE ASSESSEE/AGENT OF M/S. JEAN LOUIS DENIOT,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, ITA.No.6672/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

163 become inapplicable as 20 ITA.No.6672 to 6675, 6668 to 6671 & 6667/Del./2018 Moin Akhtar Qureshi, Representative Assessee/Agent of M/s. Jean Louis Deniot etc., New Delhi. the said section is only applicable in the case of a non- resident. He submitted that the Ld. CIT(A) conveniently ignored to consider the submissions made by the assessee. 6.1. Without prejudice

MOIN AKHTAR QURESHI AS REPRESENTATIVE ASSESSEE/AGENT OF M/S. CABINET JEAN LOUIS DENIOT ,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, ITA.No.6672/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

163 become inapplicable as 20 ITA.No.6672 to 6675, 6668 to 6671 & 6667/Del./2018 Moin Akhtar Qureshi, Representative Assessee/Agent of M/s. Jean Louis Deniot etc., New Delhi. the said section is only applicable in the case of a non- resident. He submitted that the Ld. CIT(A) conveniently ignored to consider the submissions made by the assessee. 6.1. Without prejudice

MOIN AKHTAR QURESHI AS REPRESENTATIVE ASSESSEE/AGENT OF M/S. JEAN LOUIS DENIOT,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, ITA.No.6672/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

163 become inapplicable as 20 ITA.No.6672 to 6675, 6668 to 6671 & 6667/Del./2018 Moin Akhtar Qureshi, Representative Assessee/Agent of M/s. Jean Louis Deniot etc., New Delhi. the said section is only applicable in the case of a non- resident. He submitted that the Ld. CIT(A) conveniently ignored to consider the submissions made by the assessee. 6.1. Without prejudice

MOIN AKHTAR QURESHI AS REPRESENTATIVE ASSESSEE/AGENT OF M/S. CABINET JEAN LOUIS DENIOT ,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, ITA.No.6672/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

163 become inapplicable as 20 ITA.No.6672 to 6675, 6668 to 6671 & 6667/Del./2018 Moin Akhtar Qureshi, Representative Assessee/Agent of M/s. Jean Louis Deniot etc., New Delhi. the said section is only applicable in the case of a non- resident. He submitted that the Ld. CIT(A) conveniently ignored to consider the submissions made by the assessee. 6.1. Without prejudice

MOIN AKHTAR QURESHI AS REPRESENTATIVE ASSESSEE/AGENT OF M/S. JEAN LOUIS DENIOT,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, ITA.No.6672/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

163 become inapplicable as 20 ITA.No.6672 to 6675, 6668 to 6671 & 6667/Del./2018 Moin Akhtar Qureshi, Representative Assessee/Agent of M/s. Jean Louis Deniot etc., New Delhi. the said section is only applicable in the case of a non- resident. He submitted that the Ld. CIT(A) conveniently ignored to consider the submissions made by the assessee. 6.1. Without prejudice

MOIN AKHTAR QURESHI AS REPRESENTATIVE ASSESSEE/AGENT OF M/S. CABINET JEAN LOUIS DENIOT ,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

In the result, ITA.No.6672/Del

Bench: Shri R.K. Panda & Shri Anubhav Sharma

163 become inapplicable as 20 ITA.No.6672 to 6675, 6668 to 6671 & 6667/Del./2018 Moin Akhtar Qureshi, Representative Assessee/Agent of M/s. Jean Louis Deniot etc., New Delhi. the said section is only applicable in the case of a non- resident. He submitted that the Ld. CIT(A) conveniently ignored to consider the submissions made by the assessee. 6.1. Without prejudice

ITO,WARD-30(1), NEW DELHI vs. VINOD GUGNANI, NEW DELHI

In the result, grounds of Appeal of the Revenue fails, consequently the Appeal filed by the Revenue is dismissed

Bench: Shri B. R. R. Kumar & Sh. Yogesh Kumar U.S.

house within the period stipulated in Section 54F(1), if the assessee wants the benefit of Section 54F, then he should deposit the said capital gains in an account which is duly notified by the Central Government. In other words if he want of claim exemption from payment of income tax by retaining the cash, then the said amount

MILAN SAINI,GURGAON vs. DCIT, CIRCLE- 2 , GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2014-15 Milan Saini, Vs. Dcit, 37, Centrum Plaza, Dlf Golf Circle-2. Course Road, Sector 53, Gurgaon Gurgaon (Haryana) Pan: Braps1366P (Appellant) (Respondent)

163-192 of the paperbook; ii) Copy of the suit filed by the appellant on 25.03.2013 before the division Civil Judge, Gurgaon against the unlawful action of the Cinepolis group- pages 199-237 of the paperbook; iii) Copy of the order dated 08.04.2013 passed by the Civil Judge, Gurgaon restraining the Cinepolis group from terminating the agreement (email) dated

COMMISSIONER OF INCOME TAX

163 of the Act. The basis for this proposal was (a) that Rajinder Gupta was operating the NRO account of the assessee from Citi Bank, New Delhi, (b) he was also involved in the purchase of the farm houses for the assessee in the names of the assessee‟s sons. Rajinder Gupta 2012:DHC:5366-DB ITA Nos.713/2008, 948/2008, 892/2008

M/S METRO TYRES LTD.,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 1031/Del/2013 : Asstt. Year : 2007-08 Metro Tyres Ltd., Vs Addl. Cit, 101, Jyoti Bhawan, Dr. Mukherjee Range-6, Nagar, Commercial Complex, New Delhi New Delhi-110009 (Appellant) (Respondent) Pan No. Aaacm3394A

house property than business income (supra), is also accepted in very terms. Ordered accordingly. ITA No. 1031/Del/2013 & 10 Others 14 Metro Tyres Ltd. 13. This leaves us with the assessee’s third and last issue of section 14A r.w. Rule 8D disallowance; in assessment years 2008-09 and 2009-10’s cases wherein learned counsel argues that both the lower

M/S. METRO TYRES LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 1031/Del/2013 : Asstt. Year : 2007-08 Metro Tyres Ltd., Vs Addl. Cit, 101, Jyoti Bhawan, Dr. Mukherjee Range-6, Nagar, Commercial Complex, New Delhi New Delhi-110009 (Appellant) (Respondent) Pan No. Aaacm3394A

house property than business income (supra), is also accepted in very terms. Ordered accordingly. ITA No. 1031/Del/2013 & 10 Others 14 Metro Tyres Ltd. 13. This leaves us with the assessee’s third and last issue of section 14A r.w. Rule 8D disallowance; in assessment years 2008-09 and 2009-10’s cases wherein learned counsel argues that both the lower