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Assistant Commissioner of Income Vs. O.P. Chawla

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)116TTJ(Delhi)755

..... the ito and the formation of his belief that there has been escapement of the income of the assessee from assessment in the particular year because of his failure to disclose fully and truly all material fact section it is no doubt true that the court cannot go into the sufficiency or adequacy of the material and substitute its own opinion for that of the ito on the point as to whether action should be initiated for reopening ..... reasons recorded by the ao to reopen the assessment, held that the assessee had disclosed the gift in the return, that there was no duty on him to furnish further details since the return had been processed under section 143(1)(a), that the reopening was prompted by want of details regarding the gifts and not on the ground of any information or material showing concealment of income and that therefore the notice was issued on the ..... . in the light of aforesaid legal position so long as the ingredients of section 147 are fulfilled the ao is free to initiate proceedings under section 147 of the act and failure to take steps under section 143(3) will not render the ao powerless to initiate reassessment proceedings even when intimation under section 143(1) had been issued.a similar view has been taken in a ..... v. ito , indian & eastern newspaper society ..... rs. 28,90,000 assessed as "income from undisclosed sources", being the aggregate of two gifts received by the assessee from one mohan singh makkar, a non-resident .....

Mannesmann Demag A.G. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)53ITD533(Delhi)

..... prejudicial order--possibility of a view contrary to that taken by the assessing officer.order of assessing officer cannot be termed as erroneous merely because there is possibility of a view contrary to view taken by assessing officer.when in the past receipts were held not to be taxable and the assessing officer had properly applied his mind to the amended provisions of the avoidance of double taxation agreement between the two related countries and ..... section 90 of the income-tax act, it was claimed that the provisions of the avoidance of double taxation would prevail over the provisions of the indian income-tax act. ..... is limited as to whether the commissioner of income-tax would be justified in taking action under section 263 when the matter is brought to his notice by the internal audit. ..... the above discussion and our findings, we are satisfied that the order of the commissioner of income-tax under section 263 does not hold water when tested in the light of the judicial principles. ..... the third limb of the argument by the learned counsel for the assessee was that when two views are possible and one view is adopted by the assessing officer, the order passed by the assessing officer cannot be ..... the dictionary meaning of the word 'erroneous' is "full of error, mistaken, wandering, straying".when assessing officer takes a view which is a possible view and that view is in accord with the past history of the case, the same cannot be held to be erroneous merely because the cit is having .....

income Tax Officer Vs. Ekta Promoters (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)117TTJ(Delhi)289

..... the mischief and advance the remedy.applying the said rule to the assessee's case, it was submitted that there was no provision in the act which would enable/empower the ao to collect interest on refund which was not legally due to the assessee as per provisions of the act before introduction of section 234d.therefore, while the assessee pays interest for shortfall in payment of advance tax with effect from first day of that assessment year, nothing ..... . this may be illustrated by pointing out that there was no charge on the 1938-39 income either of the appellant or his daughters, nor assessment of such income, until the passing of the indian finance act of 1939, which imposed the tax for 1939-40 on the 1938-39 income and authorized the present assessment ..... 2000-01 respectively which dates fall prior to coming into force the provisions of section 234d and on the dates when these refunds were issued they were not issued to the assessee with the understanding that any interest will be chargeable thereon and not making any payment of interest on such refund is a right vested in the assessee which is affected by the provisions of section 234d, therefore, these provisions cannot be construed to have retrospective operation in accordance ..... . different provisions of the indian it act would apply according to when the assessment was made .....

Capt. Harminder Singh Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1997)62ITD78(Delhi)

..... it flows from the above that the allowances availed by the employees of a transport system inclusive of the pilots of indian airlines are to be governed by the express provisions as discussed above as a sequel to the evolution of the legislative ..... the learned counsel has contended that all the aforesaid allowances are being paid by indian airlines to its pilots/crew members to meet personal expenses at places other than the places of their ..... the ao further noted that the assessee had received allowances from the employer indian airlines (iac), but the same had not been declared in the return of income, namely ..... learned cit(a) also observed that non-deduction of tax at source by the employer would not impart a legal aura to the assessee's claim with reference to the exemption of the said allowances. ..... the learned cit(a) considered the submissions and observed that the amendment made by the direct tax laws (amendment) act, 1987, w.e.f.1st april, 1989, ushered in complete change in the scenario of such special allowances as laid down ..... 1989-90 and onwards and that it was only a clarification of the legal position and it would be wrong to infer that through the said circular the earlier instructions had been ..... 4(3)(vi) of the indian it act, 1922, and observed that the language of ..... further submitted that there is no defect in the circular and various notifications as pointed out by the learned counsel and that the said circulars/notifications have legal/legislative backing and sanction. .....

M.M.T.C. Limited Vs. Dy. Commissioner of I. Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the full bench of this court as well as the observations of the punjab and haryana high court, we find that if the entire material had been placed by the assessee before the assessing officer at the time when the original assessment was made and the assessing officer applied his mind to that material and accepted the view canvassed by the assessee, then merely because he did express this in the assessment order ..... reference was also made to section 114(e) of the indian evidence act for drawing a presumption to the effect that judicial acts and official acts are performed in a regular ..... if income from other sources and profits of business not derived from exports are excluded as per the legal provisions of the it act, 1961, there is a net loss under the head "profits and gains of business or profession". ..... assessee filed its detailed reply including the legal objections to the issuance of notice under section 148 vide its letter dated 17.11.2005 and requested to treat the return filed vide its letter dated 2.2 2001 as return of income filed under section 147/148 of the i.t. ..... if income from other sources and profits of business not derived from exports are excluded as per the legal provisions of the it act, 1961, there is a net loss under the head "profits and gains of business or profession". ..... that the decisions relied upon by the ao in his order dated 21/22.11.2005 while rejecting the legal objections of the assessee are distinguishable and are not applicable to the present case. .....

Deputy Commissioner of Income Tax Vs. Royal Jordanians Airlines

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)283ITR28(Delhi)

..... sum up, these two judgments have laid down the following propositions: (i) interest under section 234a, 234b and 234c should be charged only when there is a speaking order in the body of assessment order; (ii) interest under section 234a, 234b and 234c must be charged in all cases where the levy is attracted.that being the legal position, we hold that there is immense justification for restoration of the matter to the ..... paragraph it was stated, "most states have now abandoned or are in the process of abandoning the rule of absolute immunity, and now accept that, for what are usually described as acts of a private law or commercial nature, a foreign state may be subject to the jurisdiction of the courts:"according to the learned counsel for the assessee these extracts proved that till date ..... section 2(31) did not apply to the assessee because the assessee was a sovereign, no further reference to the provisions of the indian it act ..... the same relate to "person" under the it act, 1961.the provisions of indian it act relating to "person" had no application because rja could ..... or 8 of this law, companies registered under this law are divided into the following types: it was thus evident that the assessee could by no stretch of imagination be said to be a company under section 2 of the indian it act. ..... carriages act of india, indian custom laws, indian explosives act, ..... act, iv of 1944, specifically making every ruler of an indian ..... act, iv of 1944, specifically making every ruler of an indian .....

Acit Vs. Shri O.P. Chawla

Court : Income Tax Appellate Tribunal ITAT Delhi

..... (supra) and kelvinator of india ltd (supra) and certain other judgments of the supreme court referred to by the learned jm were sought to be distinguished on the ground that in those cases the assessments were originally made under section 143(3) after examination of the issues and verification of the relevant material and documents on record and thus there was application of mind and formation of an opinion by the ao which was sought to be changed by him without ..... recorded by the ao to reopen the assessment, held that the assessee had disclosed the gift in the return, that there was no duty on him to furnish further details since the return had been processed under section l43(1)(a), that the reopening was prompted by want of details regarding the gifts and not on the ground of any information or material showing concealment of income and that therefore the notice was issued on the ..... . in the light of aforesaid legal position so long as the ingredients of section 147 are fulfilled the ao is free to initiate proceedings under section 147 of the act and failure to take steps under section 143 (3) will not render the ao powerless to initiate reassessment proceedings even when intimation under section 143 (1) had been issued.a similar view has been taken in a ..... . ito 41 itr 191, indian & eastern newspaper society v ..... 28,90.000 assessed as "income from undisclosed sources", being the aggregate of two gifts received by the assessee from one mohan singh makkar, a non-resident indian .....

income-tax Officer Vs. Dalmia Dairy Industrses Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)31ITD549(Delhi)

..... court held that the amount collected by an assessee from purchasers towards sales-tax was a trading receipt and had to be included in its total income and that if and when the appellant paid the amount collected to the state government or refunded any part thereof to the purchaser, the appellant would be entitled to claim deduction of the sum so paid or refunded. ..... against the assessee by virtue of section 64a of the sale of goods act or section 72 of the indian contract act, that would not be a statutory ..... facts in directing the ito to recompute the interest income and assess the same only on the basis of accrual, leaving out accrued income of earlier year(s) received this year; when the assessee has not accepted the accrual basis decision of preceding years and itself offered for taxation accrual income of earlier year(s) received this year. ..... to add, that the position is not different when under a prior agreement, the legal liability of the manufacturer-dealer for payment of excise duty is satisfied by the purchaser by direct payment to the excise authorities or to the state exchequer.the above observations will show that when a manufacturer pays excise duty on the goods manufactured by it, it does not act as an agent or trustee of anybody and it ..... the assessee invested its funds in fixed deposits with banks and the question in the aforesaid ground is about the time when the income from interest on such fixed deposits should be deemed to have been earned by the assessee so as to .....

Moonbeam Finvest Lease Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the full bench of this court as well as the observations of the punjab & haryana high court, we find that if the entire material had been placed by the assessee before the assessing officer at the time when the original assessment was made and the assessing officer applied his mind to that material and accepted the view canvassed by the assessee, then merely because he did express this in the assessment order ..... was also made to section 114(e) of the indian evidence act for drawing a presumption to the effect that judicial acts and official acts are performed in a regular ..... it was pointed out that the full bench held that when a regular order of assessment is passed in terms of section 143(3) of the act, a presumption can be drawn that such an order has been passed on due application ..... it was further observed that what is important is that whether assessing officer has based on the material available to him taken a view and when he had not done so the proposed reopening could not be assailed on the ground that the same is based only on a change of ..... assistant commissioner to contend that when the issues are not addressed in the assessment order, it cannot be said that action of reopening of assessment is based on change of opinion and, therefore, the same cannot be said to be incompetent or ..... thus, when the assessing officer or tribunal has considered the matter in detail and the view taken is a possible view the order cannot be changed by way of exercising the jurisdiction of .....

Bhai Mohan Singh Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)12ITD495(Delhi)

..... that the moneys belonged to the assessee ; and (vi) past history of the case demonstrated that it created an obligation in the nature of a trust within the meaning of sections 80 to 94 of the indian trusts act, 1882, and, consequently, the assessee has no beneficial interest in that amount except to hold it on the trust for the legal representatives of bhai sunder das and, consequently, neither deposits nor the interest earned thereon belonged to the assessee.8. ..... (2) where the writing containing the acknowledgement is undated, oral evidence may be given of the time when it was signed ; but subject to the provisions of the indian evidence act, 1872 (1 of 1872), oral evidence of its contents shall not be received.this clearly says that where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an ..... the assessee contended before the ito that it was not fair and proper on the part of the department to call for details of this sum and other evidence when, in all the previous assessment years, the said amount was not included in the assessment.there were no fresh facts or materials or evidence coming into the possession of the department ..... the assessee is bound to satisfy himself in this matter and insist upon proper proof and when the legal representatives do not come forward with the required proof and if they take time to settle the matter amongst themselves, shri ganeshan argued that it cannot be said that the debt ceased .....