Delhi Court October 1990 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
income-tax Officer Vs. R.B. Chy Ruchi Ram Khattar and Sons
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Oct-10-1990
Reported in: (1991)36ITD276(Delhi)
1. The assessee in this appeal filed by the Revenue is a building contractor. For the year under appeal, it filed a return disclosing an income of Rs. 62,100. In the course of examination of accounts, the ITO found that the assessee had shown gross receipts at Rs. 14,63,470 and the gross profit thereon at Rs. 2,04,685 and the net profit of Rs. 62,079 which worked out to 14% and 4.5% respectively. The ITO also found that in the final accounts filed before the Department namely the balance sheet and the profit and loss account, the work in progress was shown at Rs. 4,50,000 but that has no basis and that was on estimate basis. The ITO also noticed that the assessee did not maintain any stock register and in the absence of stock register, it was not possible to correctly estimate the work in progress. As regards receipts, he found that the actual payments received by way of cheques was of Rs. 14,63,470 and the amounts deducted by the Government towards material supplied was of the order ...
Singal Diwan Properties (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Oct-10-1990
Reported in: (1991)36ITD107(Delhi)
1. The assessee is a private limited company, deriving income from sale of fibre glass articles. It claimed, inter alia, an amount of Rs. 25,876 by way of depreciation on the building on the plea that that building was used for carrying out a regular business of letting it out as guest house. The ITO disallowed the claim but the order of the ITO does not show the reasons. However, on appeal, the CIT (Appeals) found that the said building was not used for any business purposes during the year and that no business of leasing out the building was, carried on in the accounting year and the depreciation was not admissible on the building. He also held that since the income from the said property was directed to be computed under the. head 'house property', the question of allowing depreciation did not arise. It is against this order that the present appeal is filed before the Tribunal.2. Likewise for the assessment year 1983-84, the claim for depreciation was disallowed by the Department i...
Ved Prakash Vs. State
Court: Delhi
Decided on: Oct-10-1990
Reported in: 43(1991)DLT279
S.C. Jain, J.(1) This appeal has been filed by Shri Ved Prakash (hereinafter called the ''appellant') challenging the judgment and order dated 3rd July, 1987 passed by an Additional Sessions Judge, Delhi, whereby the appellant was convicted under Section 302 Indian Penal Code . for intentionally causing the death of his wife Madhu Sharma and he was sentenced to undergo imprisonment for life and also to pay a fine of Rs. 10,000.00 (Rupees ten thousand only) and in default of payment of fine to suffer further R.I. for two years. A sum of Rs. 7.500.00 (Rupees seven thousand five hundred only) was ordered to be paid to the father of the deceased out of the fine, if and when realised. (2) The charge sheet in the case was filed under Section 279 and 304-A, Indian Penal Code . against the appellant with the allegations that on 8th June, 1981, the appellant while driving his Motor Cycle in a rash and negligent manner at about 10.30 or 11.00 P.M., caused the death of his wife who was sitting on...
Eicher Tractors Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-09-1990
Reported in: (1991)(53)ELT27TriDel
1. This is a stay application filed with reference to the order of the Additional Collector, Jaipur, No. 25/90 dated 30-4-1990.2. Learned Representative for the applicants stated that in this case Tractor Engine parts were received by them under Chapter-X Procedure but the same were found defective; hence, they were either returned to the original manufacturer or destroyed.3. The Department has made out a case against them on the ground that they were not properly accounted for.4. They admit that they did not maintain the prescribed statutory accounts properly. However, they have maintained their private records properly and had returned the goods under their (private) Issue Return Vouchers.5. Similarly, they had maintained private records for the quantity destroyed.7. It was also their contention that the Show Cause Notice was time-barred as it was issued after lapse of six months and they had not suppressed or mis-stated any facts.8. It was also their submission that Collector has n...
Mahalakshmi Jewellery House Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Oct-05-1990
Reported in: (1991)38ITD426(Delhi)
1. This is an appeal preferred by the assessee for assessment year 1982-83, for which the relevant previous year ended on 31-3-1982, The assessee is a registered partnership firm. The grounds of appeal raised are not very happily worded, as the same are argumentative in nature.However, the only dispute is regarding addition of Rs. 43,179 made as business income by the ITO and confirmed by the CIT (Appeals).2. Briefly to state the facts in the background, the assessee had received a sum of Rs. 43,179 on the opening ceremony of the assessee concern, styled as Mahalaxmi Jewellery House, Bank Street, Karol Bagh, New Delhi. The learned counsel for the assessee while disputing the addition of Rs. 43,179 drew my attention to the list of persons who had confirmed having given "shagun" on the said occasion of opening ceremony of the said shop and also the confirmation letters. The submission of the learned counsel for the assessee was that in spite of the fact, the said receipt of Rs. 43,179 c...
Sophia Finance Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Oct-05-1990
Reported in: (1991)36ITD369(Delhi)
Assessment order of an investment company could not be said erroneous on the ground that sources of investment by shareholders were not verified when it is made after considering all material on record and after making all possible enquiries.The Commissioner was correct that in this case prima facie enquiry is called for. It is an admitted position that a large number of investment and finance companies are floated with considerable amount of share capital and the purpose of floating these companies was only to bring into open the unaccounted income. The Department was a little late in being alive to these developments. But having found that investment companies are used as tools for laundering black money, it is very necessary for every Income Tax Officer coming across a return filed by an investment company to enquire into the share capital. The Income Tax Officer has made the enquiry which he could do under the circumstances. Along with the return filed by the assessee a larger num...
Panchmahal Steel Limited Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-04-1990
Reported in: (1991)(53)ELT25TriDel
1. This stay application seeks the waiver of pre-deposit of customs duty amounting to Rs. 18,681.00 demanded from the appellants as customs duty payable on the demurrage charges incurred by them.2. Shri Willingdon, the learned advocate submitted that demurrage charges are not includible in the assessable value and relied on 2 judgments, one of the Collector (Appeals) [1986 (24) ELT 166] and one of this Tribunal - Deepak Fertilizers & Petrochemicals Corporation Limited v. CC [1989 (41) ELT 550 (Tribunal)].3. Shri B.S. Ganu, learned SDR opposed the arguments and submitted that in terms of Rule 9 of Customs Valuation Rules (1988), all charges incurred by the importers till the point of delivery of the goods are includible in value. He submitted that demurrage charges being one such charge, it should be included in the value for calculating the Customs duty in terms of this rule. He also submitted that the order passed by the Collector (Appeals) is not relevant because it dealt with v...
Chemi Coat Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-04-1990
Reported in: (1991)(31)ECC427
1. The amount of duty involved in the present matter is Rs. 49,89,319.90 and penalty Rs. 30 lakhs. By order No. 183/90-WRB dated the 17th April 1990, the West Regional Bench of this Tribunal, sitting as a Special Bench, granted waiver of pre-deposit of duty and penalty after considering the financial position of the appellants. However, the Bench did not grant any order staying the recovery of the disputed amount.2. By the present application the appellants have sought an order staying the recovery of the disputed dues. Shri Willingdon, learned counsel, for the applicants draws our attention to the Kerala High Court judgement in Ashoka Rubber Products v. CCE 1989 (43) ELT 605 holding that the order dispensing with the requirement of pre-deposit would operate as a stay order against recovery of the amount, or balance amount, till the disposal of the appeal. Shri M. Jayaraman, learned DR, however opposed the prayer on the ground that the West Regional Bench had specifically considered t...
Smt. Meenakshi Khosla Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Oct-01-1990
Reported in: (1991)36ITD400(Delhi)
1. These three appeals filed by the assessee are directed against the orders of CIT(A)-VIII, New Delhi. Since the issue involved is common, the same are disposed of by this consolidated order for the sake of convenience. Assessments for the respective assessment years had been completed by the assessing officer under Section 143(3). The income from flats known an Ratanjyoti, 18, Rajendra Place, New Delhi was disclosed as well as assessed as income from "house property". The flats had not been transferred in favour of the assessee by a registered conveyance deed nor was it mutated in her name in municipal records. The CIT(A) on receiving a proposal from IAC(A) Range-VIII, New Delhi, passed orders under Section 263 for all the three assessment years and the assessments framed earlier were set aside and IAC was directed to frame assessments afresh in accordance with law and in the light of the observations made by CIT(Administration) and to assess the income from flats as income from oth...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- Next ›