ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

section 80lAB read with the SEZ Act, 2005 and the observations on this issue of my predecessor in her order u/s 143(3) for the AY 2012-13. 7 ITA Nos.8524 to 8526/Del./2019 3.6 The assessee during the course of assessment proceedings vide its submission dated 16.12.2016 offered that. income from house property be reclassified as profits & gains

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, 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, 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, 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, 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

ITO, NEW DELHI vs. M/S WINGFLOW CONSTRUCTIONS (P) LTD., NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Shri J.S. Reddy & Shri N.K. Choudhry

section 24. Moreover, he observed that the assessee has not carried out any business activity during the year under consideration. The AO disallowed the expenses of Rs.48,82,4821- as claimed by the assessee company against rental income and rental income of Rs.37,08,6401- is taxed under the head ‘Income from House Property’. Accordingly, the AO assessed the income

WINGFLOW CONSTRUCTION PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Sh. Kuldip Singhdr. B. R. R. Kumarita No. 3157/Del/2017 : Asstt. Year : 2010-11 Wingflow Constructions Pvt. Ltd., Vs Income Tax Officer, G-2/43A, Middle Circle, Ward-27(3), Connaught Place, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacw0016D Assessee By : Sh. R. K. Mehra, Ca Revenue By : Sh. Saras Kumar, Sr. Dr Date Of Hearing: 23.01.2020 Date Of Pronouncement: 24.02.2020

section 234B of the Income tax Act, 1961.” 3. Brief history of the case is that, the assessee received income from rent and declared the same under the head profit & gains of business and profession income upto assessment year 1996-97. The assessee changed the head of income in assessment year 1997-98 and claimed rental income as house property

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)

section 80IB(10) does not arise. He further pointed out that the built-up area of each house in the aforesaid projects was less than 1000 sq.ft.. He pointed out that the deduction u/s 80IB(10) for the aforesaid projects was disallowed without going into the details of satisfaction of aforesaid various conditions by simply following the assessment order

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)

section 80IB(10) does not arise. He further pointed out that the built-up area of each house in the aforesaid projects was less than 1000 sq.ft.. He pointed out that the deduction u/s 80IB(10) for the aforesaid projects was disallowed without going into the details of satisfaction of aforesaid various conditions by simply following the assessment order

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)

section 80IB(10) does not arise. He further pointed out that the built-up area of each house in the aforesaid projects was less than 1000 sq.ft.. He pointed out that the deduction u/s 80IB(10) for the aforesaid projects was disallowed without going into the details of satisfaction of aforesaid various conditions by simply following the assessment order

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)

section 80IB(10) does not arise. He further pointed out that the built-up area of each house in the aforesaid projects was less than 1000 sq.ft.. He pointed out that the deduction u/s 80IB(10) for the aforesaid projects was disallowed without going into the details of satisfaction of aforesaid various conditions by simply following the assessment order

M/S. MISSION VIEJO AGRO PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Sh. N. K. Sainiita No. 4236/Del/2015 : Asstt. Year : 2005-06 M/S Mission Verdes Estate Pvt. Ltd., Vs Acit, 48, Friends Colony, Central Circle-23, New Delhi-110065 New Delhi (Appellant) (Respondent) Pan No. Aaacm1160C Assessee By : Sh. Sashi Tulsiyan, Adv. Revenue By : Sh. F. R. Meena, Sr. Dr Date Of Hearing : 19.09.2016 Date Of Pronouncement : 16.12.2016 Order This Is An Appeal By The Assessee Against The Order Dated 10.02.2015 Of Ld. Cit(A)-30, New Delhi. 2. Following Grounds Have Been Raised In This Appeal: “1. That The Cit (Appeals) Erred On Facts & In Law In Upholding The Impugned Assessment Order Passed Under Sections 147 Of The Income Tax Act, 1961 Which Is Without Jurisdiction, Illegal & Bad In Law Since The Prerequisite Conditions For Initiating Proceedings Under Section 147 Of The Act Were Not Fulfilled In The Present Case. 2. That The Cit (Appeals) Erred On Facts & In Law In Upholding The Alleged Fair Rental Value At Rs.11,77,528/- & Thereby Making An Addition Of Rs.11,77,528/- Under The Head Income From House Property. 3. That The Cit(Appeals) Erred On Facts & In Law In Upholding The Addition Of Rs.7,00,000/- Received From M/S 2 Mission Viejo Estate Pvt. Ltd. Golden Techno Build Pvt. Ltd. As Unexplained Cash Credits U/S 68 Of The Act. 4. That The Cit(Appeals) Erred On Facts & In Law In Upholding The Aforesaid Addition Of Rs.7 Lacs Without Appreciating That The Appellant Had Discharged Its Onus In Terms Of Section 68 Of The Income Tax Act, 1961.” 3. Ground No. 1 Is Not Pressed, Therefore, The Same Is Dismissed As Not Pressed.

section 23 of the Act, the sum for which the property of the assessee company at 48, friends Colony East, New Delhi, might reasonably be expected to be let out was Rs. 11,77,528/- (41,69,718 x 28.24%) and this amount should have been shown by the assessee as its income from house property 5 Mission Viejo Estate

AGYA RAM vs. COMMMISSIONER OF INCOME TAX

The appeals are allowed but in the circumstances with no order as to

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

house property. The CIT (A) analysed the licence deed and came to the conclusion that “the Assessee was exploiting the commercial assets (factory shed) to receive licence fees as the Assessee‟s business was not going on probably. But income received from such exploitation can only be taken as „Business income‟ and not „Property income‟.” 11. Further it was noted

AGYA RAM vs. COMMISSIONER OF INCOME TAX

The appeals are allowed but in the circumstances with no order as to

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

house property. The CIT (A) analysed the licence deed and came to the conclusion that “the Assessee was exploiting the commercial assets (factory shed) to receive licence fees as the Assessee‟s business was not going on probably. But income received from such exploitation can only be taken as „Business income‟ and not „Property income‟.” 11. Further it was noted

COMMISSSIONER OF INCOME TAX-TDS vs. THE INDIAN NEWS PAPERS SOCIETY

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

452 read with 120B IPC was framed against A-1, A-3, A-4, A-5 and A-6 (leaving out A-2). In other words, the charge was that they entered House No.618/3, Paschimpuri occupied by Smt. Omi Devi with their revolvers, dagger and knife pursuant to the criminal conspiracy thus committing house trespass. 8. A separate charge