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Deputy Commissioner of Vs. Uttar Pradesh Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... however, the ld.cit(a), following the above mentioned judgment of the hon'ble high court, allowed the relief and the appellate tribunal in the assessment year 1984-85 vide its order dated 26-2-1992 upheld the order of the ld.cit passed by him after following the decision of the hon'ble high court, ..... the position will not be different in other assessment years so far as the basic issue relating to exemption under sections 11 and 12 is concerned and the process formulated by the hon'ble supreme court of india has to be adopted in other years also.in view of the above, we do not find force in the objections of the assessee ..... 301(a)/1996 arising out of ita no.1228 and 1229(a)/ 1989 for the assessment year 1985-86 and 1986-87 respectively relating to these three assessment years are still pending. ..... a situation, the order of tribunal dated 9-9-1996 cannot be said to be suffering from any apparent mistake.on perusal of the entire record, including the assessment orders for 1985-86 and 1986-87, the grounds of appeal and the appellate orders, as well as the orders of itat for these two years, it is clear that the anchor and main basis of the submission of the assessee for claiming exemption from income-tax under section 10(20) and 11(1) of ..... against the combined order dated 28-4-1999 for the assessment years 1985-86 & 86-87 arising out of the ita ..... the same and also in view of reference applications for the assessment years 1979-80, 81-82 & 82-83 were earlier allowed on a similar issue .....

United Phosphorus Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2002)81ITD553(Ahd.)

..... 'profit and gains of business or profession' retrospectively for and from assessment year 1967-68; and - clause (iiic) read with section 2(24)(vc) (w.r.e.f 1-4-1972) so as to make any duty of customs and excise repaid or repayable as draw back to any person against exports under the customs and central excise ..... - clause (hid) read with section 2(24)(va) (w.r.e.f 1-4-1962) so as to make the profit on the sale of import entitlement licences taxable under the head 'profit and gains of business or profession' retrospectively for and from assessment year 1962-63; - clause (iiib) read with section 2(24)(vb) (w.r.e.f 1-4-1967) so as to make cash assistance (by whatever name called) received or receivable by any persons against exports under any scheme of the government of india taxable under the head ..... a deduction is allowable may be material when the rate of tax chargeable on the assessee in two different years is different; but in the case of income of a company, tax is attracted at a uniform rate, and whether the deduction in respect of bonus was granted in the assessment year 1952-53 or in the assessment year corresponding to the accounting year 1952, that is in the assessment year 1953-54, should be a matter of no consequence to the department; and one should have thought that the department would not fritter away .....

Sri S. Sankara Reddy Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2005)92ITD84(Hyd.)

..... at the time of receipt of the order of the appellate tribunal dated 15-11-1989, limitation period for two assessment years expired.perhaps, for this reason, the itat observed that "it will be open to the ito to examine the receipt of income by all these assessees from the angle of computation of capital gains".15. ..... even if it is presumed that the order of the tribunal contains a finding or direction, in so far as the first two assessment years are concerned, the reassessments are barred by limitation by virtue of section 150(2) of the act. ..... in the instant case, the time limit for issuance of notice under section 148 expired on 31-3-85 and on 31-3-86 in respect of assessment years 1980-81 and 1981-82 respectively, whereas the order of the itat is dated 15-11-89. ..... the income on sale of plots is not assessable either in different assessment years or in the hand of different persons and thus explanations 2 and 3 to section 153(3) also do not come to the aid of the revenue to reopen the assessment beyond the normal period of limitation prescribed under section 149 of the act. ..... so far as the income-tax assessment orders are concerned, they cannot be reopened on the score of income escaping assessment under section 147 of the act of 1961 after the expiry of four years from the end of the assessment year unless there be omission or failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment. .....

B.D. Gupta, S.D.O. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Agra

..... of the act having been issued after the expiry of a period of 12 months from the end of the month in which the returns for all the three assessment years were filed in response to notice under section 148 of the act and the consequential validity of assessments framed thereupon.according to the learned counsel the third issue was against the taxing of rental income from the property in the name of the assessees wife, in the ..... the learned counsel further submitted that the construction of the house has been admitted by the revenue during the assessment years 1983 to 1987 and there are not a single reference or mention either in the assessment order or in the order of the cit (a) with regard to the source of investment in this house has been made from ..... and bad in law notices as well as the assessments were illegal and bad in law.i, therefore, quash the assessment orders for all the three assessment years being illegal and bad in law.coming to the merit of the case the assessees counsel submitted that so far as taxing of rental income from the house property in the name of the assessees wife is concerned, the revenue could assess the same in the hands of the assessee only ..... against the taxing of investments in fdrs in the names of assessees wife and minor daughters and interest thereon.the facts notice relating to the aforesaid issues which are common in all the three assessment years and as have been revealed from the record are that the assessee was working as s.d.o., p.w.d. .....

Shri Rajeev Kumar Doneria Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2005)94ITD345Agra

..... tyagi, ca had appeared as late as on 23.4.1998 before the cit (appeals) in the matter of penalty proceedings under section 271(1)(c) for the assessment year 1988-89 in the case of the firm viz doneria cold storage & ice factory, agra. ..... that it was also submitted that it would be wrong to say that assessee executed power of attorney for the assessment year in question and for the proceedings in hand through which sri. ..... (a) because the learned commissioner of income tax (appeals)-i has erred in holding that the service of notice under section 148 on the chartered accountant, who had not filed any authority for the assessment year under consideration, in the individual case of the assessee as valid service. ..... (v) your honour sir, it is submitted that power of attorney has limited application and though it is said to for the same assessment year yet it cannot be extended to any other proceedings for the same assessment year in respect of a different assessee. (vi). ..... that in the case of sri rajeev kumar doneria partner of m/s doneria cold storage & ice factory, fatehabad, agra r/o f-19 kamla nagar, agra for the assessment year 1988-89 an appeal was pending before the learned c.i. ..... in this letter the ao has clearly mentioned that the perusal of the case records showed that the return of income for the assessment year 1988-89 was not filed. ..... prem kumar rastogi ...............it is not correct that determined share of the assesse in the firm for the assessment year 1988-89 was rs. .....

Shahid Atiq Vs. Ito, Ward 5(8)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)97ITD22(Delhi)

..... obligation on the part of the tribunal to consider the subject-matter of appeal and secondly to issue effective directions for adjudicating the subject-matter of appeal, which, as observed earlier, includes the entire process of assessment and which has been held to be an integrated process.now the next issue is as to whether a mistake can be pointed out on the part of itat even when the assessee did not seek any ..... 251(1)(a) of the income tax act and which power has been specifically denied to itat under proviso to section 254, which is as under: "provided that an amendment which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this sub-section unless the appellate tribunal has given notice to the assessee of its intention to do so ..... that case in the assessment for assessment year 1994-95 the assessing officer made addition on ..... /2000 for assessment year 1993-94.the matter is, therefore, restored to the file of learned commissioner (appeals) for making compliance of the above directions.in the result, miscellaneous application ..... /2000 for assessment year 1992-93, we amend the order by adding the following direction: "the learned commissioner ( ..... 99,516 for assessment year 1993-94) levy under section 234b are invalid in law because this was levied only on account of addition made by the ..... 537 for assessment year 1993-94) ..... 1,58,050 for assessment year 1993-94) to the returned income which is invalid .....

Freightship Consultants (P) Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)110ITD377(Delhi)

..... assessment is made, to the date of such regular assessment, on an amount) equal to the assessed tax or, as the case may be, on the amount by which the advance tax paid as aforesaid falls short of the ..... as per the directions of the itat, the assessing pofficer determined the income of the assessee for assessment years 1996-97 and 1997-98 at rs. ..... , in relation to an assessment year, an assessmentis made for the first time under section 147 or section 153 a, the assessmentso made shall be regarded as a regular assessment for purposes of thissection. ..... , in 2nd appeal before the tribunal filed by the revenue, the itat directed the assessing officer to allow deduction under section 80-o of the act on net income to be computed as per directions of the tribunal issued in assessment year 1996-97. ..... or, where the advance tax paid by such assessee under the provisionsof section 210 is less than ninety per cent of the assessed tax, the assesseeshall be liable to pay simple interest at the rate of one per cent for everymonth or part of a month comprised in the period from the 1st day of april next following such financial year to the date of determination of total income under sub-section (1) of section 143 (and where a regular .....

Sony India (P) Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... 2551 to 2553/del/2006 wherein it has been held that interest under section 234d is chargeable from ay 2004-05 and the same could not be charged for earlier years.since the assessment year involved in the present appeal is 2001-02, we uphold the impugned order of the learned cit(a) cancelling the interest levied by the ao under section 234d respectfully following the decision of the special bench in the case of ekta ..... for the reasons given earlier in ay 2002-03, we accept taxpayer's contention and direct that videocon international be excluded from the list of comparables for the assessment year under consideration.155.3 the transfer pricing officer had allowed deduction of 20% for taxpayer in a.y ..... . cit(a) found that arithmetic mean of alp determined by the tpo in both the assessment years exceeded range of 5% from the international transaction shown in the books of account.the appellant was not entitled to any relief under the above proviso.the ..... . consequently adjustment was reduced to 10% against 20% allowed by the tpo in the assessment year 2002-03.129.2 in the next year, the learned cit(appeal)'s attention was drawn to provisions of rule 10b(3) and appellant's submission that adjustment must be made on account of difference in working capital of the appellant and other ..... (v) payment of sap service module is related to the implementation of sap by the appellant company during the assessment year 2000-01, the expenses related to which have now been allowed by the itat. .....

Glaxo Smithkline Pharmaceuticals Ltd. (Formerly Glaxo India Ltd.) and ...

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... after this order of the tribunal, the tribunal disposed of the appeals relating to the assessee for the assessment years 1996- 97 and 1997-98 by order dated 12th january 2009, in which the tribunal followed its own order for the assessment year 1995-96 passed on 7th march 2005, to hold that the advance licence benefit was not taxable unless the ..... it was fairly admitted that the issue is restored to the file of ao for fresh adjudication in view of the directions given in assessment year 1995-96 order dated 30.11.2011 wherein the tribunal vide para 3 and 4 restored the issue to the file of ao for de novo adjudication ..... by the co-ordinate bench of this tribunal in assessee's own case for earlier assessment years, we set aside the impugned order passed by the commissioner (appeals) and restore the issue to the file of assessing officer for adjudication afresh in accordance with law and after providing adequate opportunity of ..... before us, both the parties agree that this issue was earlier decided by the tribunal in assessee's own case for assessment years 1989-90 to 1991- 92, 1992-93 to 1993- 94, 1994-95, 1995-96 , 1996-97 1997-98 respectively, wherein the tribunal ..... referred to as the jcit) in not allowing the appellants claim for depreciation on rs.22,67,281 and rs.16,42,617 being part of the share dilution expenses incurred in the assessment year 1984-85 and 1986-87 submitted as relatable to programmes of capital expenditure in the ays 1984-85 and 1986-87 respectively but allowed". .....

Puransingh M. Verma and anr. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2001)72TTJ(Ahd.)399

..... any doubt left on this point after the supreme court decision, as held by jaipur bench of the tribunal.the tribunal also went patently wrong when it said that an objection of not hearing by commissioner (appeals) for assessment years 1989-90 and 1990-91 is an afterthought and there is nothing to indicate that in the grounds of appeal when there is enough in the grounds of appeal pointing that out plus the statement at the bar of the same advocate who ..... first objection raised by the assessee was in respect of observation made in the impugned order of the tribunal at para 4 wherein it has been mentioned that the learned commissioner (appeals) while disposing of the appeal for the assessment years 1978-79 and 1990-91, though fixed the date of hearing and allowed the presence of the assessees counsel, did not hear the appeals. ..... in fact, he submitted that the argument led by the counsel at the time of hearing was that though the appellate order for assessment year 1986-87 was in favour of the assessee and that was filed before the learned commissioner (appeals) at the time of hearing it was not followed by him by bringing out some facts on the basis of certain facts and ..... the claim of the assessee that the income derived from nursery business was agricultural income was again rejected by the assessing officer on the ground that the commissioner (appeals)s decision for assessment year 1986-87 was not accepted by the revenue and the appeal was pending before the tribunal. .....