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

255 CTR 107 had held that the valuation done by the Page 39 of 53 registered valuer is with regard to a specific property and the same takes into account its various advantages and disadvantages, all of which would influence the valuation of property. The Hon’ble Bombay High Court went on to hold that the valuation done

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

255 CTR 107 had held that the valuation done by the Page 39 of 53 registered valuer is with regard to a specific property and the same takes into account its various advantages and disadvantages, all of which would influence the valuation of property. The Hon’ble Bombay High Court went on to hold that the valuation done

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

255 CTR 107 had held that the valuation done by the Page 39 of 53 registered valuer is with regard to a specific property and the same takes into account its various advantages and disadvantages, all of which would influence the valuation of property. The Hon’ble Bombay High Court went on to hold that the valuation done

ACIT, NEW DELHI vs. SMT. AMITA GARG, NEW DELHI

In the result, appeals of the department and the Cross

Bench: Sh. N. K. Saini, Am & Sh. H. S. Sidhu, Jm

4. You are, therefore, requested to show cause as to why for the purpose of computation of income from House Property, the annual value of the said property should not be taken at Rs.1,06,20,000/- and income from house property be computed accordingly." 7. The AO after considering the submissions of the assessee observed that the property

DCIT, NEW DELHI vs. SH. RANJANA GARG, NEW DELHI

In the result, appeals of the department and the Cross

Bench: Sh. N. K. Saini, Am & Sh. H. S. Sidhu, Jm

4. You are, therefore, requested to show cause as to why for the purpose of computation of income from House Property, the annual value of the said property should not be taken at Rs.1,06,20,000/- and income from house property be computed accordingly." 7. The AO after considering the submissions of the assessee observed that the property

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

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

CHANDER KANTA MAHESHWARI L/H OF LATE SHRI ASHOK KUMAR MAHESHWARI ,DELHI vs. ITO, WARD- 35(2), NEW DELHI

In the result, appeal filed by the Assesseeis allowed

Bench: Shri R. K. Pandaa N D Shri N. K. Choudhry(Through Video Conferencing)

255/- has been invested towards the purchase of flat at SunworldVanalika, up to the date of filing of the Income Tax Return on dated 29th March, 2014 i.e. as belated return filed under Section 139(4) of the Act and, therefore, the Assessee is entitled to get benefit of Section 54 of the Act. The Assessee also submitted various case

ARYA SMAJ MODEL TOWN,DELHI vs. PCIT, CENTRAL -3, NEW DELHI

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahman

255 (Karnataka) High Court of Karnataka it was held as under: 8) In the instant case, the material on record shows that the Trust has established educational institution and imparting medical education. Every year, students are admitted. Huge investment is made for construction of buildings for housing the college, hostel and to provide other facilities to the students

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

255 of the Act to regulate the procedure of the Appellate Tribunal and the procedure of the Benches of the Tribunal. Since the order dated 20-8-2020 has been passed under rule 4 of the Tribunal Rules, the same is extracted hereunder :- "Power of Bench. 4. (1) A Bench shall hear and determine such appeals and applications made under

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

255 of the Act to regulate the procedure of the Appellate Tribunal and the procedure of the Benches of the Tribunal. Since the order dated 20-8-2020 has been passed under rule 4 of the Tribunal Rules, the same is extracted hereunder :- "Power of Bench. 4. (1) A Bench shall hear and determine such appeals and applications made under

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

255 of the Act to regulate the procedure of the Appellate Tribunal and the procedure of the Benches of the Tribunal. Since the order dated 20-8-2020 has been passed under rule 4 of the Tribunal Rules, the same is extracted hereunder :- "Power of Bench. 4. (1) A Bench shall hear and determine such appeals and applications made under

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

255 of the Act to regulate the procedure of the Appellate Tribunal and the procedure of the Benches of the Tribunal. Since the order dated 20-8-2020 has been passed under rule 4 of the Tribunal Rules, the same is extracted hereunder :- "Power of Bench. 4. (1) A Bench shall hear and determine such appeals and applications made under

RAMESH CHANDER BHASIN,NEW DELHI vs. ITO WARD - 53(5), NEW DELHI

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

4. The transfer between the father and son was by way of unregistered Agreement to Sell, which in effect, became a self serving document. 5. The AO's enquiry u/s 133(6) confirmed, that the ownership as per records remained with the appellant and his wife and not his son as was claimed. 6. Even the maintenance bills

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

M/S. TERA ESTATES PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, we allow ground No

Bench: Shri H.S.Sidhu & Shri Prashant Maharishitera Estates Pvt. Ltd, Vs. Acit, S-395, Greater Kailash, Parti-Ii, Range-16, New Delhi New Delhi Pan:Aabct5729R (Appellant) (Respondent)

255/- without properly considering the facts and submissions made by the assessee. 2. That the learned Commissioner of Income Tax (Appeals) erred both on facts and in law in sustaining the finding of the assessing officer that the assessee derived income only from house property and did not carry on any business. 3. That the learned Commissioner of Income

RAJINDER KUMAR,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeals filed by the assessee on quantum for AY 2006-

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

house property could not be taxed in India. 3.19. However, the notification number 91/2008 dated 28.08.2008 was held to retrospective and applicable to AY 2006-07, AY 2007-08 and AY 2008-09 by the decision of Mumbai bench of ITAT in Essar Oil Ltd. v. ACIT, (2014) 42 taxmann.com 21 (Mumbai ITAT) (Relevant para: Para 54, 60 & 61, Page

RAJINDER KUMAR,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 30, NEW DELHI

In the result, the appeals filed by the assessee on quantum for AY 2006-

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

house property could not be taxed in India. 3.19. However, the notification number 91/2008 dated 28.08.2008 was held to retrospective and applicable to AY 2006-07, AY 2007-08 and AY 2008-09 by the decision of Mumbai bench of ITAT in Essar Oil Ltd. v. ACIT, (2014) 42 taxmann.com 21 (Mumbai ITAT) (Relevant para: Para 54, 60 & 61, Page