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2011 (1) TMI 763 - PUNJAB AND HARYANA HIGH COURT Business income or Income from house property - The assessee received income from letting out of a building but sought to treat the same as business income. However, the Assessing Officer treated the same as rental income relying upon judgment of Hon’ble Supreme Court in Shambhu Investment (P.) Ltd. v. CIT (2003 -TMI - 40351 - SUPREME Court) - Held that:- Whether the income falls under the head of business income or income from property has to be decided from case to case depending on the questi... ... ...
2010 (6) TMI 512 - ITAT MUMBAI Income from house property or other sources or business income - Unaccounted cash credit - Set off and carry forward of losses - Held that:- The main intention of the assessee as is evident from the terms and conditions of the relevant agreements was to derive income by the exercise of property rights in the form of fixed monthly rent - The property thus was given by the assessee on leave or licence basically for earning income there from in the form of rent and the character of income so derive... ... ...
1995 (2) TMI 358 - APPELLATE TRIBUNAL FOR FORFEITED PROPERTY The appeal was dismissed, and the Competent Authority's order to forfeit the properties was upheld. The Tribunal found no merit in the appellant's claims regarding the validity of the detention order, procedural lapses, or the application of promissory estoppel. The forfeited properties were deemed to have been acquired from illegal activities.
1986 (2) TMI 24 - RAJASTHAN High Court The Rajasthan High Court held that the partnership firm formed by Rooplal did not contravene the Rajasthan Excise Act. The partnership was deemed valid, meeting all necessary conditions under the Income-tax Act for registration. The Court ruled in favor of the assessee, upholding the validity of the partnership and its entitlement to registration under the Income-tax Act.
1966 (1) TMI 65 - PUNJAB HIGH COURT The court held that the supply of meals to residents in the petitioners' hotel does not constitute a sale under the Punjab General Sales Tax Act. As the transaction was deemed an indivisible contract of multiple services, where property in the food did not pass to the guest, it was concluded that it did not meet the criteria for a sale. Consequently, the court allowed the writ petition, quashing the impugned orders and preventing taxation of the petitioners based on food served to resident customers in the hotel, while permitting assessment of sales in the restaurant business.
2020 (1) TMI 1005 - AUTHORITY FOR ADVANCE RULING, RAJASTHAN Classification of services - Ancillary Services provided to various passenger/ tourist on behalf of main tour operators - Applicant receives service orders from the main tour operator to provide a range of services to the passenger/ tourist. - whether the said service falls under Chapter heading 9985 (i) {Supply of Tour Operator Service) or 9985 (iii) {Support Services}? - applicable rate of tax. HELD THAT:- A gross amount should be charged by the Tour Operator for the entire Tour. In present ca... ... ...
2013 (6) TMI 828 - ITAT JODHPUR The Tribunal allowed the appeal of the assessee-trust, determining it eligible for exemption under section 11 of the Income Tax Act, 1961. The trust's activities were deemed not to fall under the proviso to section 2(15), no violation of section 13 was found, and expenses on Nagaur Fort and Ranvas Hotel were considered allowable. Additionally, foreign contributions received by the trust were deemed non-taxable. The appeal was partly allowed.
2012 (7) TMI 13 - ITAT, CHENNAI Franchise fees - revenue or capital expenditure - assessee has been provided with special know how of preparing food and beverages and also been given initial training and on going training in relation to restaurant business - Held that:- Since Revenue failed to bring any material on record to show that the assessee had paid any price for acquisition of any capital assets and that the payment as a franchise fee by the assessee was not only a business fee for use of support service like running a... ... ...
2011 (7) TMI 1017 - ITAT CHENNAI Tonnage tax scheme under Chapter XII-G - Qualifying Ship u/s 115VD- The main activity of this ship was to transport thermal coal from one location to another location within the country. Revenue stated, such ship would not come within the ambit of a qualifying ship for availing of the tonnage tax scheme - HELD THAT:- Order of Accountant Member - Just because a seagoing ship was used to transport coal between the ports which were connected by rail/road, would not be sufficient enough a reason to ... ... ...
2025 (2) TMI 535 - ITAT AHMEDABAD Unaccounted receipts and Unaccounted payments in relation to hotel and restaurant business carried out by the assessee - During the course of search action certain incriminating material was found and seized - whether the entire unaccounted receipts should be taxed as income or whether only the profit element embedded in these receipts should be considered? HELD THAT:- Percentage of profit as per the books of accounts is ranging from 47.69% to 31.16% for the asst. years 2015-16 to 2019-20 and th... ... ...
2020 (1) TMI 1149 - BOMBAY HIGH COURT Exemption u/s 11 - application of income for any purpose other than the object of the Trust - HELD THAT:- In the present case, Tribunal held that object of the assessee is undoubtedly promotion of sports, games and providing recreation facilities to the public at large and to the members in particular and therefore receipts on account of compensation from decorator against gymkhana function, miscellaneous income and compensation from caterer (restaurant) cannot be construed as activities in the ... ... ...
2019 (7) TMI 1679 - CESTAT NEW DELHI CENVAT Credit - demand of service tax alongwith interest and penalty - restaurant services - short term accommodation services - contravention of Section 68 of Finance Act read with Rule 6 of Service Tax Rules 1994 read with Notification No. 1/2006-ST dated 1.3.2006 as amended by Notification No. 34/2011-ST dated 24.4.2011. Abatement as per Notification No. 1/2006-ST - proportionate credit - Rule 6(3D) of the Cenvat Credit Rules - HELD THAT:- The issue decided in their own case M/S THE OBEROI RA... ... ...
2018 (4) TMI 374 - KARNATAKA HIGH COURT Reassessment of tax - Composition Scheme - Liquor - Composition facility (COT) which was granted by the department was cancelled by the Assistant Commissioner of Commercial Taxes on the ground that the petitioner is dealing in liquor either at the principal place of business or branches. Therefore the petitioner is not entitled to avail or opt for Composition Scheme in terms of Section 15(1)(c) of the KVAT Act. Whether the respondent-authorities can re-assess the assessee under VAT Scheme for th... ... ...
2016 (7) TMI 546 - KARNATAKA HIGH COURT Entitlement of composition scheme - conditions and restrictions imposed under Rules 135 and 144 of the KVAT Rules, 2005 - they were "goods in stock" - demand of regular tax on the sales/turnover as per Section 3 of the KVAT Act, 2003. - Held that:- Rule 135(2) of the KVAT Rules, 2005 clearly talks only about goods in the stock which clearly refers to the goods dealt by the assessee in the regular day-to-day business for which he is registered by the Department. These Rules do not intend to cover... ... ...
2016 (7) TMI 705 - PUNJAB AND HARYANA HIGH COURT Lease income out of leasing out commercial property - business income or income from house property - Held that:- It has been categorically recorded by the Tribunal on appeal by the Revenue that perusal of the memorandum of understanding dated August 27, 2002 between the assessee and the lessee, i.e., M/s Pizza Hut showed that the property in question was given for use for a period of 12 years which was renewable for a further period of 12 years. It was nowhere shown that the intention to let ou... ... ...
2016 (3) TMI 880 - DELHI HIGH COURT TDS u/s 194I - whether the tour operators/travel agents were required to deduct TDS under Section 194-I of the Act while making payments to the hotels on behalf of foreign tourists? - Held that:- The Revenue is right in its contention that applicability of Section 194-I does not depend upon whether the income of the hotel from room charges is assessed under "profits and gains of business or profession" or "income from house property". Section 194-I is applicable at the time of payment of rent or... ... ...
2014 (4) TMI 532 - ITAT DELHI Nature of Income – Income from PGBP or from other sources - Whether income from receipt of services fee assessable under the head Profits and Gains of Business or to be treated as ‘income from other sources’ – Held that:- The decision in Yum ! Restaurants (India) P. Ltd. Versus Additional Commissioner of Income-tax 2011 (5) TMI 852 - ITAT DELHI] followed - the word “business” is one of wide import and which means an activity carried out continuously and systematically by a person by the applicat... ... ...
2008 (1) TMI 858 - KARNATAKA HIGH COURT Whether, in the facts and circumstances of the case, the Appellate Tribunal was justified in giving a finding that the provisions of section 6 of the Act are attracted only if the goods purchased from unregistered dealers in the course of business are consumed in the manufacture of other goods? Whether, in the facts and circumstances of the case, the purchase of charcoal, firewood and brickets from unregistered dealers and consumed for heating water in the course of business attracts the provisi... ... ...
1993 (9) TMI 38 - CALCUTTA High Court Judge(s) : AJIT KUMAR SENGUPTA., SHYAMAL KUMAR SEN
JUDGMENT
AJIT K. SENGUPTA J.--In this reference under section 256(1) of the Income-tax Act, 1961, made at the instance of the assessee, the following questions have been referred to this court:
" 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the company was not an industrial company mainly engaged in manufacture of goods ?
2. Whether, on the facts and in the circumstance... ... ...
1976 (3) TMI 201 - BOMBAY HIGH COURT The court affirmed the Tribunal's decision to exempt ice-cream sales from tax under entry 14 of Schedule A to the Bombay Sales Tax Act, 1959. The court determined that ice-cream qualified as "cooked food" under the entry and that the place of business at Apollo Bunder met the criteria for exemption. It was held that the establishment primarily sold sweetmeats, not ice-cream, thus allowing for the exemption. The applicant was ordered to bear the costs of the reference to the respondents.
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