Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1997)61ITD373(Kol.)
1. This miscellaneous application filed by the assessee against the ex parte order of the Tribunal dated 15-12-1995 seeks re-hearing on the ground that notice posting the appeal for hearing was not received by the assessee-company.2. We may briefly refer to the facts giving rise to the misc.application. Notice of hearing posting the appeal for hearing by the Tribunal was directed to be served on the assessee through the D.R.This direction was given by the Tribunal on 12-9-1995. Accordingly, the notice posting the hearing on 6-12-1995 was sent through the D.R. On 5-12-1995, a letter was received by the Assistant Registrar of the Tribunal from the Departmental Representative to the effect that the notice was served on the assessee on 28-11-1995. The tear off acknowledgement in original was also enclosed along with the letter.3. When the appeal was called for hearing on 6-12-1995 there was no representation from the assessee. The Tribunal heard the appeal ex parte and passed orders there...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1997)61ITD1(Kol.)
1. These appeals are instituted by the assessee against the order of the CIT(A) for the asst. yrs. 1979-80 to 1985-86 on the common grounds that the CIT(A) erred in confirming the imposition of penalty under s.271(1)(c) of the IT Act, 1961 without going through the facts of the case when the assessee did not have any mens rea to conceal the income and, therefore, the imposition of penalty is bad in law. Since common issues and common grounds are involved in these appeals, they are decided and disposed of together for the sake of convenience.2. In this case although the original assessment was completed the Assessing Officer (AO) subsequently found that the assessee received Rs. 5,664, Rs. 6,008 Rs. 8,981, Rs. 11,062, Rs. 3,640, Rs. 21,840 and Rs. 15,950 for the asst. yrs. 1979-80 to 1985-86 respectively, as royalty from Calcutta Book House (in short 'CBH') during the previous years relevant to these assessment years. The AO, therefore, reopened the assessments under s. 147 as the asse...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1997)61ITD196(Kol.)
1. These are two appeals challenging the assessments made on the assumption that the assessee are private religious trusts taxable under section 164 of the Income-tax Act.2. Smt. Krishna Kejriwal, wife Nawalkishore Kejriwal, a Hindu housewife residing at Alipore Park Road, Calcutta was desirous of creating two temples at her residence and of establishing deities by the name "SREE GANESHJI MAHARAJ" and "SREE SHANKAR BHAGWAN". Towards this end she dedicated a sum of Rs. 1,000 each in cash for the purpose of construction of the temples and for securing worship of the deities. In short, she effectuated a religious endowment. This was given effect to by two separate Deeds of endowment. The dedication in favour of the deity Shree Ganeshji Maharaj was made by means of Deed of Endowment dated 30-10-1989. The dedication in favour of Shree Shankar Bhagwan was made by a Deed of Endowment dated 19-6-1990. The terms and conditions of the endowment were substantially the same in both the endowments...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1997)61ITD412(Kol.)
1. The appeal is by the assessee and it is directed against the order of the C.W.T. passed under section 25(2) of the Wealth-tax Act.2. The assessee filed her wealth-tax return for the assessment year 1991-92 (valuation dated 31-3-1991) on 5-9-1992. In the statement of wealth accompanying the return, she disclosed the value of the vacant land at Chincholi, Bombay at Rs. 60,000 which was an estimate. The cost price of the land was Rs. 31,228 and this was also disclosed in the statement. The assessee also held land and building at Chiprupalli in Andhra Pradesh which were valued at Rs. 59,656. Together the aforesaid properties were disclosed at an aggregate Value of Rs. 1,19,656.3. On 30-10-1992 notice under section 16(2) was issued fixing the hearing on 9-11-1992. On the date of hearing the assessee was directed to file a valuation report in respect of the land as well as the jewellery and the case was adjourned to 17-12-1992. On 17-12-1992, the assessee's representative appeared and fi...
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