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All India Primary Teachers Vs. Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)93TTJ(Delhi)155

1. The only ground in this appeal of the assessee preferred against the order dt. 23rd Aug., 2001, passed by Director of IT (Exemption) (hereinafter referred to as "DIT") under Section 12A of the IT Act is against the action of DIT in not condoning the delay in filing the application for registration.2. Facts of the present case are that the appellant is a society which has 'sought registration under Section 12A(a) of the IT Act vide application dt. 6th Feb., 2001, which was though allowed by DIT but it was allowed w.e.f. 1st April, 2000. In its application for registration and in its application for condonation of delay dt. 6th Feb., 2001, it was admitted by the appellant-society that there was delay in filing the application on account of several reasons and therefore it was requested to DIT that the delay in filing the application for registration be condoned. DIT in his order dt. 23rd Aug., 2001 though granted the registration but granted the same w.e.f. 1st April, 2000.Delay invo...

Deputy Commissioner of Income Tax Vs. Jindal Photo Films Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)1113ITD624(Delhi)

1. The appeal has been directed by the Revenue against the order of the CIT(A) dt. 28th Nov., 1997 pertaining to asst. yr. 1994-95.2. In the sole ground, the Revenue has challenged the direction of the CIT(A) to allow deduction under Section 80-I of the Act despite the fact that the product being manufactured by the assessee came under the XIth Schedule of the Act.2A. Briefly, the facts of the case are that the assessee company is engaged in the production and manufacture of photo colour films. When the assessee claimed deduction under Section 80-I/80-IA of the Act the same was denied by the AO on the ground that the product manufactured/produced by the assessee fell in XIth Schedule of the Act.On appeal the CIT(A) allowed the claim of the assessee by observing that in asst. yr. 1990-91 he has allowed the claim of the assessee.This finding of the CIT(A) has been challenged before us. While learned Departmental Representative supported the order of the AO the learned Counsel supported ...

Deputy Commissioner of Income Tax Vs. Allied Construction

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)291ITR16(Delhi)

1. Income-tax Appeal Nos. 3458 and 3459/Del/2001 are the appeals by the Revenue against the order dt. 30th May, 2001 of the CIT(A), Ghaziabad, relating to the asst. yrs. 1997-98 and 1998-99 respectively. The assessee has filed CO Nos. 143 and 144/Del/2005 against the aforesaid orders of the CIT(A).2. The facts and circumstances under which these appeals as well as cross-objections arise are as follows: The assessee is a partnership firm. It is engaged in the business of execution of civil construction works for U.P. State Government and Rajasthan State Government. For asst. yr. 1997-98, a return of income was filed declaring total income of Rs. 1,41,930. The return was accompanied by audited trading account, P&L a/c, balance sheet and report of auditor. During the previous year the assessee derived receipts from three sources, namely, contract receipts, hire charges and interest. Contract receipts were shown in the trading account and other receipts were shown in P&L a/c. Gros...

Ansal Properties and Industries Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)301ITR285(Delhi)

1. This appeal by the assessee is directed against the order of the learned Commissioner of Income-tax (Appeals)-I, New Delhi, dated 18.6.2004.2. The appellant is an experienced and reputed developer engaged in the business of construction of multi storied buildings, commercial as well as residential etc 3. The first ground of appeal is against the denial of deduction of Rs. 7,29,656/- on account of write-off of 10% of share issue expenses incurred during the assessment year 1993-94. At the time of hearing this ground was not pressed. For want of prosecution, this ground is dismissed 4. The next ground of appeal is against treatment of a sum of Rs. 4.25 crores received as compensation from Delhi Cloth & General Mills Co Ltd. pursuant to a settlement agreement entered into between the assessee herein and DCM Ltd. and Kailashnath Associates. It is the claim of the assessee that the sum of Rs. 4 25 crores is capital receipt not chargeable to tax whereas the Assessing Officer has held...

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

Court : Income Tax Appellate Tribunal ITAT Delhi

1. These are appeals filed by the assessee and they are directed against two separate orders of CIT (A) dated 21.12.2006 for assessment year 1998-99 and 1999-2000. Grounds of appeal read as under: 1. That the CIT(A) erred on facts and in law in not holding that the order dated 28.02.06 passed by the AO Under Section 143(3) read with Section 147 of the Income Tax Act, 1961 ('the Act') is beyond jurisdiction, bad in law and void-ab-initio. 1.1 That the CIT(A) erred on the facts and in law in not holding that the impugned order dated 28.02.06 is illegal, bad in law and is liable to be quashed since the initiation of the reassessment proceedings was based on a mere change of opinion. 1.2 That the CIT(A) erred on the facts and in law in not holding that the impugned order dated 28.02.06 is illegal, bad in law and is liable to be quashed since the proceedings Under Section 147 of the Act were initiated without there being reason to believe that income of the appellant had escaped assessment...

Energy Infrastructure (India) Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

1. These appeals, filed by the assessee are directed against two separate orders of CIT (A) dated 28.12.2004 for assessment years 2001-02 and 2002-03. As common issue is involved, these appeals are being disposed off by a single consolidated order for the sake of convenience. The main grievance of the assessee in these appeals is non-acceptance of an application filed Under Section 154 contending therein that income earned by the assessee by way of interest on lien money kept for the purpose of bank guarantee during the period of pre-commencement of business which was wrongly shown as income should be reduced from returned and assessed income. The amount of relief claimed in this regard is Rs. 6,01,270/- for Assessment year 2001-02 and Rs. 16,07,188/- for Assessment year 2002-03. Alternatively, it has also been claimed that in case the interest is not reduced from the returned/assessed income, then it should be set off or adjusted against the interest expenditure of Rs. 62,35,207/- an...

Subhash Chand Chopra Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92TTJ(Delhi)1087

1. This first appeal by assessee is directed against the order of Asstt. CIT, Circle-I, Saharanpur, dt. 31st Oct., 1996, for (block) asst. yrs. 1986-87 to 1996-97 upto the period 13th Oct., 1995, passed under Section 143(3) r/w Section 158BC of the IT Act.2. Since large number of issues are involved in this appeal, therefore, it is necessary to reproduce all the grounds of appeal for the sake of convenience upon which this appeal is filed challenging the impugned assessment order. The grounds of appeal are as follows : "1. That the learned AO erred in estimating the concealed income of the appellant for the block period from asst. yrs. 1986-87 to 1996-97 (upto the period 13th Oct., 1995) at Rs. 15,71,316 (Fifteen lakhs seventy one thousand three hundred sixteen) ignoring or wrongly rejecting the explanation given by the appellant and/or by resorting to conjectures and surmises. 2. That learned AO erred in estimating additional income in the assessment order at various places on the ba...

Additional Commissioner of Vs. Hilton Roulunds Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)97TTJ(Delhi)490

1. This is Department's appeal for asst. yr. 1997-98, raising the following grounds : "1. On the facts and circumstances of the case, the CIT(A) erred in holding that deduction under Section 43B amounting to Rs. 6.07 lakhs be allowed even if the amount has been paid beyond the period provided under the Provident Fund Act but paid within the grace period of 5 days. 2. On the facts and circumstances of the case, the learned CIT(A) erred in directing that interest under Section 234B charged in view of the decision of apex Court in the case of CIT and Ors. v. Ranchi Club Ltd., ignoring the retrospective amendment proposed by the Finance Act, 2001." 2. Apropos the first ground, the issue is as to whether provident fund contribution amounting to Rs. 6,07,388, paid under Section 43B of the IT Act within the grace period of 5 days beyond the prescribed date, is allowable or not. The AO disallowed the payment. The learned CIT(A) deleted the disallowance, directing the AO to allow deduction if ...

Dy. Commissioner of Income Tax Vs. Lurgi India Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)114ITD1(Delhi)

1. Both these appeals of the revenue raise common grounds. The appeals were argued in a consolidated manner by the learned DR and the learned Counsel for the assessee. Therefore, we find it convenient to pass a consolidated order.2. Ground No. 1 is that on the facts and in the circumstances of the case, the learned CIT(A) erred in holding that the receipt of Rs. 13.00 crore by the assessee as a non-refundable grant from its parent company was a capital receipt, whereas the receipt was actually revenue in nature as the payment was made to compensate the assessee for trading loss 3. In this connection, the learned DR took us through the assessment order. It was pointed out that the assessee received a sum of Rs. 13.00 crore from its parent company M/s Lurgi A.G., which was credited to profit & loss account by way of a capital grant. However, in the computation, this amount was reduced from the income, and a note was also appended to the return stating inter-alia that in the relevant...

Amtek Auto Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)112TTJ(Delhi)464

1. This appeal of the assessee is directed against the order dt. 21st Sept., 2004 passed by learned CIT(A), Panchkula, for the asst. yr.2001-02.2. The first ground of appeal states that having regard to the facts and circumstances of the case, learned CIT(A) has erred in law and on facts in confirming the disallowance of Rs. 4,75,000 on account of legal and professional charges.3. Briefly stated, facts are that assessee company is engaged in manufacturing and trading of auto components. During the year under consideration the assessee company made payment of Rs. 4,75,000 to IL & FS Merchant Banking Services Ltd., for placement of preference shares of the company and claimed the same as business expenses under the head 'Legal and professional charges'. During the assessment proceedings the assessee was asked to explain as to why the same should not be disallowed as non-business expenses. The assessee did not file any reply in this regard. The AO, therefore, treated the fees for pla...