Delhi Court August 2001 Judgments

Kwality Restaurant Vs. Cit

Court: Delhi

Reported in: [2001]119TAXMAN571(Delhi)

These three reference applications relate to the same assessed Kwality Restaurant and Ice Cream for the assessment years 1964-65, 1966-67 and 1967-68. Pursuant to the direction given by this court under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as the Act), the following questions have been referred for opinion of this court.'1. Whether, on the facts and circumstances of the case and on a true construction of the agreement dated 30-4-1962, the Tribunal was right in law in disallowing the claim of the assessed for the expenditure of Rs. 12,800 incurred in respect of the business of Maharaja Restaurant in West Germany as a business loss2. Whether, on the facts and circumstances of the case and on a true construction of the agreement dated 30-4-1962, the Tribunal was right in law in disallowing the claim of the assessed for the expenditure of Rs. 16,766 incurred in the course of the business of the assessed?3. Whether, on the facts and circumstances of the case a...

Ashok Chawla Vs. Union of Indian

Court: Delhi

Reported in: [2002]120TAXMAN801(Delhi)

ORDERAfter some hearing, the learned counsel for the petitioner stated that the points urged in the writ petition should be permitted to be raised before the Tribunal before whom IT Appeal Nos. 5669, 5665, 5668 and 5666 (Delhi) of 1996 are pending. We feel that the points raised are essentially factual in nature and though some questions of law are involved, they would depend upon the adjudication of connected factual aspects. thereforee, the Tribunal shall permit the petitioner to urge such points as are available to be urged. It is stated by the learned counsel for the petitioner that some additional material may be required to be placed for consideration of the Tribunal. On an appropriate application being filed for consideration of the evidence, the Tribunal would do well to pass necessary orders in accordance with law, if they are related to the issues involved in the appeals. We find that there were some interim orders passed by the Tribunal and by order dated 29-5-1998 interim p...

G.K. Asrani Vs. Deputy Director, Enforcement Directorate

Court: Appellate Tribunal for foreign Exchange New Delhi

1. This appeal is against the order No. ADJ/102-103/2502 /B/DD/RAJ of 1993 dated 19-7-1993 whereby penalties of Rs. 9,000 and Rs. 45,000 were respectively imposed for contravening the provisions of section 9(1)(b) and section 14 of the Foreign Exchange Regulation Act, 1973 (the Act). 2. In his stay petition, the Appellant pleaded strong prima facie case and on this ground, sought dispensation of pre-deposit of the amount of penalties. The appellant further stated in his Stay Petition that he would suffer great financial hardship if he is forced to pay penalty amount pending hearing of the Appeal and craved leave to refer to and rely upon the relevant documents to bring his financial position including his Income-tax return and wealth-tax return. When Shri Kumar, the Appellants counsel, was asked to show how pre-deposit would cause undue hardship, he submitted that the case is old one and on the facts of it, he is prepared to argue the case straightaway on merits with a view to have th...