DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 4, GUWAHATI vs. M/S. A. T. C. REALTORS PVT. LTD., GUWAHATI

In the result, both the appeals of the Revenue are dismissed

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Aayakr Apila Sam./ Ita No. 169/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2012-13) Aayakr Apila Sam./ Ita No. 170/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2013-14) Dy. Commissioner Of Income-Tax, M/S Atc Realtors Pvt. Ltd. Circle-4, Aayakar Bhwawan, 5Th C/O. Atc Assam Ltd, Kedar Vs. Floor, Christanbasti, G.S. Road, Road, Machkhowa, Guwahati-781005 Guwahati-781001 (Apilaaqai- / Appellant) .. (P`%Yaqaai- / Respondent) स्थायी ऱेखा सं./Pan No. Aagca5209A

68 SOT 34 (MUM)]. Again, where the assessee's main objects were acquiring, constructing, operating and maintaining of multiplexes, business centres, etc., income derived from such activities is to be treated as business income and not income from house property as held by the Coordinate Bench of ITAT Mumbai in the case of SHREEJI EXHIBITORS -VS- A.C.I.T

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 4, GUWAHATI vs. M/S. A. T. C. REALTORS PVT. LTD., GUWAHATI

In the result, both the appeals of the Revenue are dismissed

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Aayakr Apila Sam./ Ita No. 169/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2012-13) Aayakr Apila Sam./ Ita No. 170/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2013-14) Dy. Commissioner Of Income-Tax, M/S Atc Realtors Pvt. Ltd. Circle-4, Aayakar Bhwawan, 5Th C/O. Atc Assam Ltd, Kedar Vs. Floor, Christanbasti, G.S. Road, Road, Machkhowa, Guwahati-781005 Guwahati-781001 (Apilaaqai- / Appellant) .. (P`%Yaqaai- / Respondent) स्थायी ऱेखा सं./Pan No. Aagca5209A

68 SOT 34 (MUM)]. Again, where the assessee's main objects were acquiring, constructing, operating and maintaining of multiplexes, business centres, etc., income derived from such activities is to be treated as business income and not income from house property as held by the Coordinate Bench of ITAT Mumbai in the case of SHREEJI EXHIBITORS -VS- A.C.I.T

ACCRECENT WAY MARKETING (P) LTD.,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 68 in this case is highly irregular and against the provisions of law. The Assessment Order may therefore be struck down as illegal. Ground 3: For that the Learned CIT(A) has failed to appreciate the facts and circumstances of the claim for deduction raised before her in regard to liability of 5,11,68,800/- which was erroneously

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

business of civil construction and maintenance of roads, rails, bridges, tunnels, ports, harbours, runways etc. It has filed its return of income electronically on 22.09.2013 declaring total income at Rs.20,20,75,870/-. The case of the assessee was selected for scrutiny assessment under CASS and a notice under section 143(2) was issued and served upon the assessee

ABCI INFRASTRUCTURES PRIVATE LIMITED,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

business of civil construction and maintenance of roads, rails, bridges, tunnels, ports, harbours, runways etc. It has filed its return of income electronically on 22.09.2013 declaring total income at Rs.20,20,75,870/-. The case of the assessee was selected for scrutiny assessment under CASS and a notice under section 143(2) was issued and served upon the assessee

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. LINKSTAR PROMOTERS (P) LTD, KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma

business declared a loss of Rs.3915/- in the return of income for A.Y. 2012-13 furnished on 11.02.2013. The assessment proceeding was carried out under section 143(3) of the Act and completed on 31.03.2015 assessing income at ‘NIL’. Subsequently search and seizure operations were conducted in Mittal group of cases on 01.08.2016, wherein one of the group concern

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. WINNER DEALTRADE (P) LTD.,, KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma

business declared a loss of Rs.3915/- in the return of income for A.Y. 2012-13 furnished on 11.02.2013. The assessment proceeding was carried out under section 143(3) of the Act and completed on 31.03.2015 assessing income at ‘NIL’. Subsequently search and seizure operations were conducted in Mittal group of cases on 01.08.2016, wherein one of the group concern

JOSEPH SYNGKLI,NONGPOH vs. INCOME TAX OFFICER, WARD-1, SHILLONG

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 250 of Rs. 68,00,000/- CIT(A) NFAC Time Deposit u/s 68 of the Act Tax to be Charged as special Rate u/s 115BBE of the Act as Income from Other Sources 3. Contract Business

D.C.I.T., CIRCLE-1, DIBRUGARH vs. SHEETAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. HANS RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self

D.C.I.T., CIRCLE-1, DIBRUGARH vs. VINOD BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. HANS RAJ BAMALWA (HUF), DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. USHA BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. MEENAKSHI BAMALWA SONI, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self

D.C.I.T., CIRCLE-1, DIBRUGARH vs. MADAN LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self

D.C.I.T., CIRCLE-1, DIBRUGARH vs. RAVI BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG LAL 2013-14 Twenty First Century 3,79,39,430 PB-2 BAMALWA India Ltd. (Clubbed income of Minor Son RohitBamalwa) 3 BACHH RAJ 2012-13 Twenty First Century 9,52,37,280 PB-3 BAMALWA India Ltd. (Self