DLF CYBER CITY DEVELOPERS LTD.,GURUGRAM vs. DCIT, CIRCLE-1(1), GURUGRAM

In the result, the appeal of the assessee is partly allowed

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

section 80-IAB(1), qualify to be eligible for deduction there-under. That is, the lease rental is within the contemplation of the profits derived by a developer of a SEZ from the 'business' of developing it, eligible for deduction u/s. 80-IAB. It is in fact this that forms the basis of the decisions in Coimbatore Hitech Infrastructure

ACIT, CIRCLE-1(1), GURUGRAM vs. DLF CYBER CITY DEVELOPERS LTD., GURUGRAM

In the result, the appeal of the assessee is partly allowed

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

section 80-IAB(1), qualify to be eligible for deduction there-under. That is, the lease rental is within the contemplation of the profits derived by a developer of a SEZ from the 'business' of developing it, eligible for deduction u/s. 80-IAB. It is in fact this that forms the basis of the decisions in Coimbatore Hitech Infrastructure

DLF CYBER CITY DEVELOPERS LTD.,GURUGRAM vs. DCIT, CIRCLE-1(1), GURUGRAM

In the result, the appeal of the assessee is partly allowed

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

section 80-IAB(1), qualify to be eligible for deduction there-under. That is, the lease rental is within the contemplation of the profits derived by a developer of a SEZ from the 'business' of developing it, eligible for deduction u/s. 80-IAB. It is in fact this that forms the basis of the decisions in Coimbatore Hitech Infrastructure

DLF CYBER CITY DEVELOPERS LTD.,GURGAON vs. ADDL. CIT, GURGAON

In the result, the appeal of the assessee is partly allowed

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

section 80-IAB(1), qualify to be eligible for deduction there-under. That is, the lease rental is within the contemplation of the profits derived by a developer of a SEZ from the 'business' of developing it, eligible for deduction u/s. 80-IAB. It is in fact this that forms the basis of the decisions in Coimbatore Hitech Infrastructure

DLF CYBER CITY DEVELOPERS LTD.,GURUGRAM vs. DCIT, CIRCLE-1(1), GURUGRAM

In the result, the appeal of the assessee is partly allowed

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

section 80-IAB(1), qualify to be eligible for deduction there-under. That is, the lease rental is within the contemplation of the profits derived by a developer of a SEZ from the 'business' of developing it, eligible for deduction u/s. 80-IAB. It is in fact this that forms the basis of the decisions in Coimbatore Hitech Infrastructure

M/S ACTIVE SECURITIES LIMITED,NEW DELHI vs. ITO, NEW DELHI

The appeals are allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

section 24(a) of the Act. Ground No. 5: Without prejudice to the above grounds, the CIT(A) has erred in confirming the disallowance amounting to Rs. 2,81,24,572 on account of depreciation on assets other than building by treating entire income from leasing as income from house property without dividing the same proportionately between income from house

SELECT INFRASTRUCTURE PVT. LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, appeal of the assessee for the assessment year

Bench: Shri G. D. Agrawal & Shri Amit Shukla

house property. Accordingly, disallowance made by the Assessing Officer for the sums aggregating to Rs.18,19,71,202/- is directed to be deleted. 18. So far as the other judgments, which have been referred by the ld. CIT (A) in the impugned order as well as by the ld. D.R., we are not venturing into distinguishing the same, because

AMAL ALLANA,NEW DELHI vs. ITO WARD-30(1), NEW DELHI

In the result, the appeal filed by the assessee is

Bench: Shri R.K. Panda[Assessment Year: 2015-16]

191 (Bom.) and the decision of the Mumbai ‘C’ Bench of the Tribunal, in the case of Pankaj Wadhwa vs ITO reported in (2019) 101 taxmann.com 161 (Mum. Trib.), he submitted that since, the assessee has declared municipal rateable value as the deemed income of the other two floors of the house and the basement is used for business/profession, therefore

ACIT, NEW DELHI vs. SHRI RAMIT VOHRA, NEW DELHI

In the result, the appeal is partly allowed for statistical purposes

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

Section 144 of the Income Tax Act, 1961 (“I.T. Act”, for short) on 28.12.2011 in which total income was determined at Rs. 2,16,95,055/- as against the returned income of Rs. Page 4 of 39 ITA No.- 4373/Del/2012. Ramit Vohra. 36,20,086/-; as per following computation: S.No Description Amount 1. INCOME FROM HOUSE PROPERTY

SNEH GUPTA,NEW DELHI vs. ACIT, CIRCLE-32(1), DELHI, DELHI

In the result, the appeal filed by the assessee is allowed on both counts on merit as well as jurisdictional issue raised by the assessee in the additional ground of appeal

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

house property for construction and spent entire consideration in purchase of plot and construction there on within 3 years of the sale of original assets. PB 183 is the copy of detail and source of construction expenses for the subject residential property. PB 185 is the copy of assessee's reply dated 18.12.2018 before Ld. AO against the show cause

DCIT, CC, GZBD , GZBD vs. ANJALI MITTAL , GZBD

In the result, appeal of the Revenue is dismissed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2018-19 Dy. Commissioner Of Vs. Smt. Anjali Mittal, Income Tax, B-7, Ashok Nagar, Central Circle, Ghaziabad-201 001. Ghaziabad. Pan Aigpm4257R (Appellant) (Respondent)

191 (Punjab & Haryana) in which it has been observed that the assessee has to purchase or construct a house property during the period specified under Section

RAJENDRA AGRAWAL,DELHI vs. ITO WARD-30(2) , DELHI

In the result, the appeal is allowed

Bench: BEFORESHRI VIKAS AWASTHY (Judicial Member), SHRI AVDHESH KUMAR MISHRA (Accountant Member)

Property, in respect of which supporting documents filed by the appellant/assessee, as allowable deduction under section 5 54 of the Act. Aggrieved, the assessee preferred appeal before the Ld. CIT(A), who dismissed the appeal. Hence, this appeal is here. 4. At the outset, the Ld. Authorised Representative (In short, the ‘AR’), did not press the grounds numbered

M/S. CJ INTERNATIONAL HOTELS LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

House Property except the portion of the property used by the owner of the property for the purposes of its own business or profession, the profit of which are chargeable to income tax. (b) The taxability of the property u/s 22 is that the said property shall not be in use of business of the assessee itself, the profit

ACIT, NEW DELHI vs. M/S. C.J. INTERNATIONAL HOTELS LTD., NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

House Property except the portion of the property used by the owner of the property for the purposes of its own business or profession, the profit of which are chargeable to income tax. (b) The taxability of the property u/s 22 is that the said property shall not be in use of business of the assessee itself, the profit

M/S. CJ INTERNATIONAL HOTELS LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

House Property except the portion of the property used by the owner of the property for the purposes of its own business or profession, the profit of which are chargeable to income tax. (b) The taxability of the property u/s 22 is that the said property shall not be in use of business of the assessee itself, the profit

M/S. CJ INTERNATIONAL HOTELS LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

House Property except the portion of the property used by the owner of the property for the purposes of its own business or profession, the profit of which are chargeable to income tax. (b) The taxability of the property u/s 22 is that the said property shall not be in use of business of the assessee itself, the profit

DCIT, NEW DELHI vs. M/S. C.J. INTERNATIONAL HOTELS LTD., NEW DELHI

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

House Property except the portion of the property used by the owner of the property for the purposes of its own business or profession, the profit of which are chargeable to income tax. (b) The taxability of the property u/s 22 is that the said property shall not be in use of business of the assessee itself, the profit

THE ORIENTAL INSURANCE CO. LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

house property"," Capital gains" or" Income from other sources", or in section 199 or in sections 28 to 6 43B], the profits and gains of any business of insurance, including any such business carried on by a mutual insurance company or by a cooperative society, shall be computed in accordance with the rules contained in the First Schedule.” The words

DCIT, CIRCLE- 1, LTU, NEW DELHI vs. THE ORIENTAL INSURANCE CO. LTD., NEW DELHI

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

house property"," Capital gains" or" Income from other sources", or in section 199 or in sections 28 to 6 43B], the profits and gains of any business of insurance, including any such business carried on by a mutual insurance company or by a cooperative society, shall be computed in accordance with the rules contained in the First Schedule.” The words