SHRI ANAND M GUPTA,LUCKNOW vs. ITO - 15(1)(4), MUMBAI

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleestate Of Shri Anand M. Gupta V. Income Tax Officer – 15(1)(4) Aayakar Bhavan, M.K. Road {Through Legal Heir Mumbai - 400020 Mrs. Madhu Anand Gupta} B-723, Sector – C Mahanagar, Lucknow – 226006 Uttar Pradesh Pan: Aabae8078Q (Appellant) (Respondent) Assessee Represented By : Shri Malav Sheth Shri Ashish Kumar Department Represented By :

Properties P. Ltd vs. ITO (95 TTJ 201) (Mumbai ITAT) wherein the assessee had accepted a security deposit under Memorandum of Understanding with the lending company for carrying on a new business. Both companies had common shareholders, holding shares exceeding the limits specified in Section 2(22)(e) of the Act. The. ITAT held that the amount of deposit could

ARIHANT DEVELOPERS ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1, KALYAN

In the result, all the above appeals of the assessee are\ndismissed

22 of the Act makes 'annual\nvalue' of such a property as income chargeable to tax under this head. How\nannual value is to be determined is provided in Section 23 of the Act. ‘Owner\nof the house property' is defined in Section 27 of the Act which includes\ncertain situations where a person not actually the owner shall

SHREE BAL PROPERTIES & FINANCE P. LTD,MUMBAI vs. PR. CIT 2, MUMBAI

Bench: Shri G. Manjunatha & Shri Ravish Soodm/S Shree Bal Properties & Finance P. Ltd Pr. Commissioner Of Income-Tax -2, 4, Buona Case, Sir P.M Road, Room No. 344, 3Rd Floor, Aaykar Bhavan Vs. Opp. Kashmir Arts Emporium, M.K Road, Mumbai – 400 020. Fort, Mumbai - 400 001. Pan –Aaccs1776N M/S Shree Bal Properties & Finance P. Ltd Dy. Commissioner Of Income-Tax 2(3)(2), 4, Buona Case, Sir P.M Road, Room No. 552, Aaykar Bhavan Vs. Opp. Kashmir Arts Emporium, M.K Road, Mumbai – 400 020. Fort, Mumbai - 400 001. Pan – Aaccs1776N Appellant By: S/Shri Mihir Naniwadekar & Kalpesh Turalkar, A.Rs Respondent By: S/Shri Salil Mishra, Cit D.R & V.Vinod Kumar, D.R Date Of Hearing: 04.03.2020 Date Of Pronouncement: 09.06.2020

section 48, be deemed to be the full value of the consideration received or accruing as a result of such transfer. Admittedly, in the present case the stamp duty qua the transfer of the property in question was paid on a Shree Bal Properties and Finance P. Ltd. Vs ACIT- 2(3)(2), Mumbai

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

22 under the head income from house property. The learned assessing officer disregarded the explanation of the assessee and held that those properties shall be chargeable under the income from house property as annual value is taxable. . According to assessee, the income is not chargeable to tax under the head income from house property is of those properties

MOHAN THANKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

22 under the head income from house property. The learned assessing officer disregarded the explanation of the assessee and held that those properties shall be chargeable under the income from house property as annual value is taxable. . According to assessee, the income is not chargeable to tax under the head income from house property is of those properties

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

22 under the head income from house property. The learned assessing officer disregarded the explanation of the assessee and held that those properties shall be chargeable under the income from house property as annual value is taxable. . According to assessee, the income is not chargeable to tax under the head income from house property is of those properties

MOHAN GURNANI,NAVI MUMBAI vs. DCIT CENTRAL CIRLE - 5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

22 under the head income from house property. The learned assessing officer disregarded the explanation of the assessee and held that those properties shall be chargeable under the income from house property as annual value is taxable. . According to assessee, the income is not chargeable to tax under the head income from house property is of those properties

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

22 under the head income from house property. The learned assessing officer disregarded the explanation of the assessee and held that those properties shall be chargeable under the income from house property as annual value is taxable. . According to assessee, the income is not chargeable to tax under the head income from house property is of those properties

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

22 under the head income from house property. The learned assessing officer disregarded the explanation of the assessee and held that those properties shall be chargeable under the income from house property as annual value is taxable. . According to assessee, the income is not chargeable to tax under the head income from house property is of those properties

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

22 under the head income from house property. The learned assessing officer disregarded the explanation of the assessee and held that those properties shall be chargeable under the income from house property as annual value is taxable. . According to assessee, the income is not chargeable to tax under the head income from house property is of those properties

ASSISTANT COMMISSIONER OF INCOME TAX 25(3), MUMBAI vs. PANKAJ ENTERPRISES, MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

22(b) and 26 of the DA clearly establish that the Developer had complete access to the clearly establish that the Developer had complete access to the clearly establish that the Developer had complete access to the property and that he was liable for the actions thereon. property and that he was liable for the actions thereon. property and that

ASSISTANT COMMISSIONER OF INCOME TAX 25(3), MUMBAI vs. PANKAJ ENTERPRISES, MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

22(b) and 26 of the DA clearly establish that the Developer had complete access to the clearly establish that the Developer had complete access to the clearly establish that the Developer had complete access to the property and that he was liable for the actions thereon. property and that he was liable for the actions thereon. property and that

PANKAJ ENTERPRISES,MUMBAI vs. JT CIT RG 25(3), MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

22(b) and 26 of the DA clearly establish that the Developer had complete access to the clearly establish that the Developer had complete access to the clearly establish that the Developer had complete access to the property and that he was liable for the actions thereon. property and that he was liable for the actions thereon. property and that

NERKA CHEMICALS P. LTD,GUJRAT vs. ASST CIT CEN CIR 38, MUMBAI

In the result this ground of appeal is allowed for statistical purpose

Bench: Shri R.C. Sharma, Accountant Mamber & Shri Pawan Singh

2(22)(a), holding it that distribution of share by DHPL of accumulated substantial capital asset to the assessee, who is one of its shareholder along with family member of Shroff family. 38. The Income Tax Act does not define the term 'Gift'. Gift is defined under section 122 of the Transfer of Property Act - 1882, which reads as under

VAIJANTHI MAHAVIR OZA,MUMBAI vs. INCOME TAX OFFICER(IT)-3(3)(1), MUMBAI

In the result, appeal of the assessee in ITA no

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.5799/Mum/2017 (नििाारण वर्ा / Assessment Year: 2014-15) बिाम/ Vaijanthi Mahavir Oza, Income Tax Officer- C/O. Chhajed & Doshi, (International Taxation)- 101, Hubtown Solaris, 3(3)(1) V. N.S Phadke Marg, Room No. 1628, Near East West Flyover, 16Th Floor Andheri (E), Air India Building Mumbai- 400069 Mumbai स्थायी ऱेखा सं./ Pan: Abepo5631J (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Piyush Chhajjed Revenue By: Miss. Deepika Arora (Dr) सुनवाई की तारीख /Date Of Hearing : 09.01.2019 घोषणा की तारीख /Date Of Pronouncement : 03.04.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 5799/Mum/2017, Is Directed Against Appellate Order Dated 23.06.2017, Passed By Learned Commissioner Of Income Tax (Appeals)-57, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2014-15, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 23.12.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2014-15. I.T.A. No.5799/Mum/2017

2 Income from 22 24 (under the head 'Deductions from house property income from house property ) 3 Profits and gains 28 29 (under the head 'Income from profits of business or and gains of business or profession, how profession computed'). Section

ARIHANT DEVELOPERS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1, KALYAN

In the result, all the above appeals of the assessee are\ndismissed

22 of the Act makes 'annual\nvalue' of such a property as income chargeable to tax under this head. How\nannual value is to be determined is provided in Section 23 of the Act. ‘Owner\nof the house property' is defined in Section 27 of the Act which includes\ncertain situations where a person not actually the owner shall

ARIHANT DEVELOPERS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1, KALYAN

In the result, all the above appeals of the assessee are\ndismissed

22 of the Act makes 'annual\nvalue' of such a property as income chargeable to tax under this head. How\nannual value is to be determined is provided in Section 23 of the Act. ‘Owner\nof the house property' is defined in Section 27 of the Act which includes\ncertain situations where a person not actually the owner shall

ARIHANT DEVELOPERS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1 , KALYAN

In the result, all the above appeals of the assessee are\ndismissed

22 of the Act makes 'annual\nvalue' of such a property as income chargeable to tax under this head. How\nannual value is to be determined is provided in Section 23 of the Act. ‘Owner\nof the house property' is defined in Section 27 of the Act which includes\ncertain situations where a person not actually the owner shall