Income Tax Appellate Tribunal Itat Amritsar Court January 2008 Judgments Home Cases Income Tax Appellate Tribunal Itat Amritsar 2008 Page 1 of about 2 results (0.026 seconds)

J and K Small Scale Inds. Dev. Corp. Vs. the Asstt. C.i.T., Range I

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2008)117TTJ(Asr.)510

1. These are assessee's appeals for the assessment years 1982-83 to 1986-87 and 1990-91. The Registry has taken an objection that these appeals have been filed with a delay of 2 years 9 months and 14 days.2. The facts are that the CIT(A) disposed of the first appeals of the assessee for the assessment years 1980-81 to 1986-87 and 1990-91, vide a consolidated order dated 1-11-2003. As per Section 253(3), an appeal, in order to be within limitation, can be filed before the Tribunal within sixty days of the date on which the order of the CIT(A), was communicated to the assessee. As per Form No. 36, Column 9, the date of communication of the order of the CIT(A) to the assessee, is 16-12-2003. Therefore, the appeals could have been filed within limitation on or before 14-2-2004. However, these appeals have been filed only on 30-11-2006. According to the applications for condonation of delay originally filed, the delay incurred is of 1021 days. The Registry, as stated hereinabove, has objec...

The Income-tax Officer Vs. Sheetal Khurana Food (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Amritsar

1. These are department's appeals for the assessment years 2003-04 and 2004-05. The facts remaining similar, they are, for facility, being taken from I.T.A. No. 468(ASR)/2006.2. The department contends that the learned CIT(A) has erred in directing the A.O. to treat the income of the assessee as business income rather than income from house property, ignoring the decision of the Hon'ble Supreme Court in the case of "Shambhu Investments (P) Ltd. v. CIT 3. The facts are that for the assessment year 2003-04, the assessee had filed a return of income on 16-10-2003 declaring a net taxable income of Rs. 1,84,380/-. The source of income was rent of building, received from M/s. Citi Financial Consumer Finance India Ltd. ("CFCFIL", for short), at Rs. 8,64,000/-. The A.O. issued a questionnaire to the assessee, asking it to explain as to why it should not be brought under Sections 22 to 25 of the Income tax Act, and as to why the income received from CFCFIL be considered as income from house pr...