Delhi Court June 2007 Judgments

Amba Polytubes Pvt. Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

2. The appellant is a Commission Agent. The tax demand is in relation to booking of certain orders. The contention of the appellant was that there was no Service Tax during the period when the service was rendered and the tax being prospective, no demand could arise. It is not in dispute that the commission was received after the levy was imposed.3. The observations in impugned order about the period of service may be noted: 6. 1 have gone through the facts of the case the appeal and submissions made by appellant. I find that the moot question involved in the issue is whether the service tax is leviable on the payment of commission received during the months of March, 2005 when the appellant claimed that the work was Completed before the introduction of service tax on such commission with effect from 10-7-2004. The appellant has pleaded that the service tax was not applicable on them at the time of procuring the orders and of all the work relating to contracts was completed on 1-7-200...

Twenty First Century Capitals Vs. Dy. Cit

Court: Income Tax Appellate Tribunal ITAT Delhi

1. This appeal by assessee is directed against orders of learned Commissioner (Appeals)-XIX, New Delhi, dated 8-3-2002. The assessee has raised following ground before us: That the Commissioner (Appeals) erred on facts and in law in upholding disallowance ofRs. 24,27,861 towards foreign travel expenses incurred on foreign visits by the President of the appellant for promoting the business of the company.2. The appellant is a public limited company engaged in the business of leasing, hire-purchase, merchant banking investments /dealing in shares, inter-corporate loans and other financial and management services. During the relevant year the appellant declared total income of Rs. 8,79,340. The appellant incurred an expenditure of Rs. 24,27,861 on the foreign travelling of its President Mrs. Veena Modi. When asked to furnish details and justification to hold that the expenses are incurred wholly and exclusively for the purpose of business, the assessee stated that Mrs. Veena Modi visited...

Tulip Star Hotels Ltd. Vs. Additional Cit, Spl. Range 1

Court: Income Tax Appellate Tribunal ITAT Delhi

1. These are three appeals by the assessee against the orders of the Commissioner (Appeals) relating to the assessment years 1998-99, 1999-2000 and 2003-04. Common issues are involved in these appeals, therefore, they are disposed of by this single order.2. In appeal for the assessment years 1998-99 and 1999-2000, the main ground of the assessee is against disallowing the claim of bad debt/business loss due from M/s. Fairmark Apparels (India) Ltd. ( Fairmark) amounting to Rs. 122 lakhs and an amount of Rs. 85 lakhs due from Makan Investment & Trading Co. Ltd. (Makan) aggregating to Rs. 207.47 lakhs for the assessment year 1998-99 and Rs. 340 lakhs for the assessment year 1999-2000.3. The assessee has also raised legal ground for the assessment year 1999-2000 against reopening of the assessment under Section 147 was not pressed during the course of hearing of this appeal by the learned Counsel of the assessee, therefore, the same is dismissed as not pressed.4. The main ground that ...

Perot Systems Tsi (India) Ltd. Vs. Asstt. Cit

Court: Income Tax Appellate Tribunal ITAT Delhi

1. This appeal by assessee is directed against the order of Commissioner (Appeals)-XIII, New Delhi, dated 29-11-2002 for the assessment year 1999-2000.2. The assessee-company is engaged in the business of manufacture of computer software exports and operates through the STP units located in Noida, Gurgaon and Chennai. It has opted for Tax Holiday under Section 10A in the assessment year 1997-98. Besides revenue from computer software development activities, the assessee-company derived interest income from deployment of funds, interest income from bank deposits interest from security deposits and miscellaneous income from the sale of assets etc. The assessee-company claimed exemption under Section 10A for its income of following nature against income from business of exports of software from software technology park: The assessing officer disallowed the claim of the assessee-company. The Commissioner (Appeals) affirmed the order of the assessing officer. The assessee is in further app...

income Tax Officer Vs. Skipper Properties Pvt. Ltd.

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2008)113ITD56(Delhi)

1. This is an appeal filed by the revenue. It is directed against order of CIT(A) dated 30.1.2004 for assessment year 2000-01. Ground No. 1 reads as under: On the facts and in the circumstances of the case the 1d.CIT(A) has erred in directing the AO to treat the receipt of Rs. 45,34,032/- as business receipts and allow the expenses claimed therein on merits and as per law as against the receipts were charged under the head income from house property by the AO.2. The assessee is owner of Janak Theatre located at Janakpuri, New Delhi. During the year under consideration it was given on hire for different periods to M/s. B.N. Gupta & Co. and M/s. National Timber Traders. The hire charges so received were shown as business income.The claim of assessee that these receipts are income from business and profession was denied by the AO. As such these receipts were assessed as income from house property subject to grant of deduction Under Section 24(i) for repairs which is 25% of the gross ...