THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTER CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

THE KUMAR FAMILY TRUST,DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, appeal for AYs 2013-14 & 2014-15 are unabated and assessments are set aside due to no incriminating material found during the search and the appeals for the said assessment years are...

Bench: Shri S. Rifaur Rahman & Shri Sudhir Kumar, Judicialmember

House Property is upheld. He rejected the other alternatives proposed by the assessee for computing the fair rent on the basis of backward calculation of municipal tax paid. 14. At the time of hearing, ld. AR of the assessee submitted that ground no.1 raised in AYs 2013-14 to 2016-17 which are unabated assessments and owing to no incriminating

ACIT (LTU), NEW DELHI vs. MAX NEW YORK LIFE INSURANCE COMPANY LTD., NEW DELHI

In the result, the appeal is allowed for statistical purposes

Bench: Shri R.S. Syal & Shri Sudhanshu Srivastavaassessment Year : 2002-03

378 ITR 693 (Del). We, therefore, permit the respondent to raise the above additional ground, which is hereby admitted for decision under Rule 27 of the ITAT Rules, 1963. Accordingly, the ground is espoused for disposal on merits. 11. The ld. Sr. Counsel submitted that the provisions of section 92 of the Income-tax Act, 1961 (hereinafter also called

DCIT, NEW DELHI vs. M/S AMBIENCE HOTELS & RESORTS PVT. LTD.,, NEW DELHI

In the result appeal of the Revenue in case of Ambience Hotels and Resorts Pvt Ltd in ITA No

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

house property by returning following findings :- “5.1.5 On perusal of the details on record, I find that the appellant company, ADIPL even after showing the above lease income in its hands, had declared loss for the year under consideration in its return, where as the appellant company i.e. AHRL was running into profits. In my considered view, the entire arrangement

DCIT, NEW DELHI vs. M/S. AMBIENCE HOTELS & RESORTS PVT. LTD., NEW DELHI

In the result appeal of the Revenue in case of Ambience Hotels and Resorts Pvt Ltd in ITA No

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

house property by returning following findings :- “5.1.5 On perusal of the details on record, I find that the appellant company, ADIPL even after showing the above lease income in its hands, had declared loss for the year under consideration in its return, where as the appellant company i.e. AHRL was running into profits. In my considered view, the entire arrangement

DCIT, NEW DELHI vs. M/S. AMBIENCE HOTELS & RESORTS PVT. LTD., NEW DELHI

In the result appeal of the Revenue in case of Ambience Hotels and Resorts Pvt Ltd in ITA No

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi

house property by returning following findings :- “5.1.5 On perusal of the details on record, I find that the appellant company, ADIPL even after showing the above lease income in its hands, had declared loss for the year under consideration in its return, where as the appellant company i.e. AHRL was running into profits. In my considered view, the entire arrangement

ACIT, NEW DELHI vs. M/S. MODI RUBBER LTD., NEW DELHI

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

Bench: Smt Diva Singh & Shri B.P. Jain, [Assessment Year: 2008-09] The A.C.I.T Vs. M/S Modi Rubber Ltd Circle – 5(1) 4 – 7C, Dda Shopping Centre New Delhi New Friends Colony New Delhi Pan : Aaacm 2062 R [Appellant] [Respondent] Date Of Hearing : 18.10.2017 Date Of Pronouncement : 10.11.2017 Assessee By : Shri Rohit Jain Ms. Tejasvi Jain, Advocates Revenue By : Shri Atiq Ahmed, Sr. Dr

house property’. 11 14. Reliance was placed on the decision of the Hon'ble Supreme Court in the case of CIT Vs. Vikram Cotton Mills Ltd reported at 169 ITR 597 [SC]. The facts of the said decision of the Hon'ble Supreme Court and the decision is reproduced hereinbelow: “The respondent- assessee company, carried on business of manufacture

M/S. UNITECH LIMITED,NEW DELHI vs. DCIT, NEW DELHI

In the result this issue is allowed in favour of the assessee

Bench: Shri Amit Shukla & Shri L.P. Sahu

Section 22 of the Act are satisfied. Moreover, it has also been pointed out by the Ld. Counsel that all throughout in the earlier years assessee has been showing rental income under the head ‘income from house property’ which has been accepted by the revenue under the scrutiny proceedings in various years. The details of earlier assessment accepting the rental

DCIT, NEW DELHI vs. M/S. UNITECH LTD., NEW DELHI

In the result this issue is allowed in favour of the assessee

Bench: Shri Amit Shukla & Shri L.P. Sahu

Section 22 of the Act are satisfied. Moreover, it has also been pointed out by the Ld. Counsel that all throughout in the earlier years assessee has been showing rental income under the head ‘income from house property’ which has been accepted by the revenue under the scrutiny proceedings in various years. The details of earlier assessment accepting the rental

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

METRO TYRES LTD,NEW DELHI vs. DCIT, CENTRAL CIRCLE-5, 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

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