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

47 Para 8.4 of his assessment order. DLF Cyber City Developers Ltd AYs: 2011-12 to 2015-16 11. The ld. AO classified the rental income and treated the rental income from notified buildings under the head “Profits or gains from business and profession‟ as against “income from house property” thereby resulting in adjustment of claim of deduction u/s 80IA

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

47 Para 8.4 of his assessment order. DLF Cyber City Developers Ltd AYs: 2011-12 to 2015-16 11. The ld. AO classified the rental income and treated the rental income from notified buildings under the head “Profits or gains from business and profession‟ as against “income from house property” thereby resulting in adjustment of claim of deduction u/s 80IA

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

47 Para 8.4 of his assessment order. DLF Cyber City Developers Ltd AYs: 2011-12 to 2015-16 11. The ld. AO classified the rental income and treated the rental income from notified buildings under the head “Profits or gains from business and profession‟ as against “income from house property” thereby resulting in adjustment of claim of deduction u/s 80IA

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

47 Para 8.4 of his assessment order. DLF Cyber City Developers Ltd AYs: 2011-12 to 2015-16 11. The ld. AO classified the rental income and treated the rental income from notified buildings under the head “Profits or gains from business and profession‟ as against “income from house property” thereby resulting in adjustment of claim of deduction u/s 80IA

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

47 Para 8.4 of his assessment order. DLF Cyber City Developers Ltd AYs: 2011-12 to 2015-16 11. The ld. AO classified the rental income and treated the rental income from notified buildings under the head “Profits or gains from business and profession‟ as against “income from house property” thereby resulting in adjustment of claim of deduction u/s 80IA

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

house property. In the present case rental income received from lease of building is not derived either wholly or even substantially from the ownership of the property. The income is not derived from mere letting of a tenement but income is derived from a complex of letting substantial part of which is other than bare tenement. It is further observed

M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri G.S. Pannu & Before Shri G.S. Pannu & Before Shri G.S. Pannu Before Shri G.S. Pannu & Ms. Suchitra Kamblems. Suchitra Kamble Ms. Suchitra Kamble Ms. Suchitra Kamble

House Property. SURPLUS AND SECTION 47(iv) 2.1. That in the facts and circumstances of the case, learned CIT(A) erred

M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri G.S. Pannu & Before Shri G.S. Pannu & Before Shri G.S. Pannu Before Shri G.S. Pannu & Ms. Suchitra Kamblems. Suchitra Kamble Ms. Suchitra Kamble Ms. Suchitra Kamble

House Property. SURPLUS AND SECTION 47(iv) 2.1. That in the facts and circumstances of the case, learned CIT(A) erred

M/S. ANSAL PROPERTIES & INFRASTRUCTURE LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri G.S. Pannu & Before Shri G.S. Pannu & Before Shri G.S. Pannu Before Shri G.S. Pannu & Ms. Suchitra Kamblems. Suchitra Kamble Ms. Suchitra Kamble Ms. Suchitra Kamble

House Property. SURPLUS AND SECTION 47(iv) 2.1. That in the facts and circumstances of the case, learned CIT(A) erred

THE PR. COMMISSIONER OF INCOME TAX -4 vs. GALGOTIA BOOKS & DEPARTMENT STORE PVT. LTD.

The appeals are allowed

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

property in question) and the enforcement authority (the State). Since the second of the above species of "proceeds of crime" uses the expression "such property", the qualifying word being "such", it is vivid that the "property" referred to here is equivalent to the one indicated by the first kind. The only difference is that it is not the same property

PRINCIPAL COMMISSIONER OF INCOME TAX-8 vs. SALDI CHITS PVT. LTD.,

The appeals are allowed

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE A. K. CHAWLA

property in question) and the enforcement authority (the State). Since the second of the above species of "proceeds of crime" uses the expression "such property", the qualifying word being "such", it is vivid that the "property" referred to here is equivalent to the one indicated by the first kind. The only difference is that it is not the same property

COMMISSIONER OF INCOME TAX DEL vs. M/S MANSAROVAR INVESTMENTS LTD

Appeals are allowed

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA

property taken over by the insurance company for one was not consideration for the other. This Court then, having so very rightly held that section 45 was not attracted went on to consider the definition of 'transfer' and it said: "It is true that the definition of 'transfer' in section 2(47) of the Act is an 'inclusive' definition

THE COMMISSIONER OF INCOME TAX vs. M/S NALWA INVESTMENT LTD.

Appeals are allowed

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA

property taken over by the insurance company for one was not consideration for the other. This Court then, having so very rightly held that section 45 was not attracted went on to consider the definition of 'transfer' and it said: "It is true that the definition of 'transfer' in section 2(47) of the Act is an 'inclusive' definition

COMMISSIONER OF INCOME TAX DEL vs. M/S M/S JINDAL EQUIPMENT LEASI

Appeals are allowed

property taken over by the insurance company for one was not consideration for the other. This Court then, having so very rightly held that section 45 was not attracted went on to consider the definition of 'transfer' and it said: "It is true that the definition of 'transfer' in section 2(47) of the Act is an 'inclusive' definition

COMMISSIONER OF INCOME TAX DEL vs. M/S ABHUINANDAN INVESTMENTS LT

Appeals are allowed

property taken over by the insurance company for one was not consideration for the other. This Court then, having so very rightly held that section 45 was not attracted went on to consider the definition of 'transfer' and it said: "It is true that the definition of 'transfer' in section 2(47) of the Act is an 'inclusive' definition

COMMISSIONER OF INCOME TAX DEL vs. M/S MANSAROVAR INVESTMENTS LTD

Appeals are allowed

property taken over by the insurance company for one was not consideration for the other. This Court then, having so very rightly held that section 45 was not attracted went on to consider the definition of 'transfer' and it said: "It is true that the definition of 'transfer' in section 2(47) of the Act is an 'inclusive' definition

M/S. IDEAL HITECH ENGINEERING EQUIPMENT (P) LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Dr. B.R.R. Kumar

house property was deemed to be the sum for which the property might reasonably be expected to let from year to year. In many cases, however, the actual rent received or receivable in a year exceeds the municipal valuation of the property. Sub-section (1) of section 23 has been amended to provide that where any property is in occupation

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

Section 2 (47) (ii) which talks of the "extinguishment of rights". 45. If the lease agreement dated 24th February 1994 is read carefully it is clear that no proprietary right is created in favour of SGL thereunder. Clause 3.1(c) which provides that the lessee, i.e. SGL, during the term of the lease shall not assign, sublet or part with

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

Section 2 (47) (ii) which talks of the "extinguishment of rights". 45. If the lease agreement dated 24th February 1994 is read carefully it is clear that no proprietary right is created in favour of SGL thereunder. Clause 3.1(c) which provides that the lessee, i.e. SGL, during the term of the lease shall not assign, sublet or part with