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Virinder Bhatia and ors. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

1. These appeals have been filed by the assessee against block assessment orders under Section 158BC of the IT Act, 1961. These cases belonged to one group/family in which search and .seizure operations under Section 132 of the Act were conducted on 24th Aug., 1995, and were concluded on 28th Aug., 1995. This group was engaged in the business of garments export, purchase and sale of farm houses, etc.Since they are connected cases and common grounds are involved, they were heard together and are decided by this consolidated order, 2. The first common ground of contention of the assessee in these cases except in the case of Mrs. Lavina Bhatia is that the search and seizure operations conducted in their cases under Section 132 of the Act were improper, invalid and illegal because there was no information in possession of the Director of Income-tax (Inv.}/Dy. Director of Income-tax (Inv.) for reasonable exercise of powers under Section 132 of the Act. It is also contended that since the s...

Virinder Bhatia Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

1. These appeals have been filed by the assessee against block assessment orders under Section 158BC of the IT Act, 1961. These cases belonged to one group/family in which search and seizure operation under Section 132 of the Act were conducted on 24-8-1995 and were concluded on 28-8-1995. This group was engaged in the business of garments export, purchase and sale of farm houses etc. Since they are connected cases and common grounds are involved, they were heard together and are decided by this consolidated order.2. The first common ground of contention of the assessee in these cases except in the case of Mrs. Lavina Bhatia is that the search and seizure operations conducted in their cases under Section 132 of the Act were improper invalid and illegal because there was no information in possession of the Director of Income-tax (Inv.)/Dy. Director of Income-tax (Inv.) for reasonable exercise of powers under Section 132 of the Act. It is also contended that since the search was invalid...

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)96TTJ(Delhi)1

1. All these cross appeals and cross objection in respect of the three assesses are directed against the orders of the learned CIT (Appeals) in the respective cases. Since common issues are involved in all these appeals, they were heard together and are being disposed of by this consolidated order, for the sake of convenience.1.1. These matters were fixed before the Division Benches but at the instance of the assesses and in the light of the importance of the issues involved, a request was made to the Hon'ble President to refer the matter to a Special Bench Under Section 255(4) of the Income Tax Act, 1961 (the Act). The President, I.T.A.T after considering the facts and circumstances of the case, decided to constitute a Special Bench.The following question was referred to the Special Bench: "Whether, on the facts and in the circumstances, the revenues earned by the appellant from supply of equipment and software to Indian Telecom Operators were taxable in India?" 2. It may be relevant...

The Asst. Commissioner of Vs. Shri Hiromi Hirose, Japan

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)111ITD9(Delhi)

1. These two appeals of the revenue in the case of the aforesaid assessees were argued in a consolidated manner by the learned DR and the learned Counsel for the assessees. Therefore, we find it convenient to pass a consolidated order.2. In this appeal, the revenue has taken only one ground to the effect that on the facts of the case and in law, the learned CIT(A) erred in holding that salary and bonus received by the assessee outside India is not taxable in India Under Section 5(1)(c) of the IT Act, specially when as per terms of employment, his office was based in New Delhi and he was responsible to Delhi office even though, he rendered services outside India.3.1 On perusal of the order of the DCIT, Circle-46(1), New Delhi (herein after called the AO), passed on 6-01-2003, it is seen that the assessee's status during the relevant previous year was not ordinarily resident (NOR). The assessee received salary amounting to Rs. 45,29,212/- and bonus amounting to Rs. 9,83,246/- totaling t...

Rolls Royce India Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)25ITD136(Delhi)

1. The one issue referred to in grounds of appeal numbered 1 to 5 in this appeal filed by the appellant company (hereinafter referred to as the 'Indian Company') for assessment year 1982-83 is in respect of trading receipt of the appellant in the year in question. According to the appellant it was Rs. 2,13,237 representing his remuneration @ 5 per cent of the actual operating cost of Rs. 31,76,373 subject to adjustment incurred by the assessee for its principal Rolls Royce Limited, U.K. (hereinafter referred to as the 'English Company') in taxable territory. According to the IAC (Assessment) it was the sum of Rs. 31 76.373 remitted by the English Company towards the actual operating cost plus 5 per cent remuneration. According to the IAC (Asstt.) this sum. constituted the taxable receipt of the appellant company. The appellant/Indian Company had returned an income of Rs. 2,13,237 as the income of the assessment year 1982-83. But the IAC (Asstt.) proceeding on the basis of taxable rece...

ito Vs. Allied Metal Engg.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)2SOT81(Delhi)

This appeal has been filed by the revenue against the order of the CIT(A) dated 9-3-2000 for assessment year 1995-96 raising the following grounds of appeal: 1. That the learned CIT(A) has erred in law and facts of the casein deleting an addition of Rs. 1,94,622 on account of trading account under section 145 of the Income Tax Act.2. That the learned CIT(A) has erred in law and facts of the case in deleting an addition of Rs. 11,05,000 under section 40A(2)(b) of the Income Tax Act, 1961 on account of payment made to sister concerns.Hence the order of CIT(A) be quashed and that of assessing officer upheld." Before we advert to the aforementioned grounds of appeal, it would be useful to set out a few background facts. The assessee is a firm comprising two partners, namely, Shri Navin Kohli having 90% share and M/s. Navin Projects Pvt. Ltd. (NEPI- for short) having 10% share. The firm is engaged in the business of manufacturing and fabrication of rollers, CI parts, solar equipments, etc....

Shri Ram Hari Ram Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)48ITD175(Delhi)

1. The assessee, a firm, carrying on the business of jewellery has filed this appeal and has raised the issue of liability of loss of Rs. 36 lakhs worth of jewellery which were stolen from the shop and some minor issues like disallowance of car expenses for personal usage and non-allowing of deduction for donation.2. Shri C. S. Aggarwal, learned counsel for the assessee, submitted that the shop of the assessee which is located in the busy business area of Chandni Chowk at Dariba Kalan, was broken into by some miscreants on the night of February 1, 1981, which was brought to the notice of the partners of the firm on the next morning when some passers-by saw the locks of the shop broken and the shutters of the shop slightly open. The police were called and an inventory of the stocks was also taken. The inventory of the stock so taken indicated that gold ornaments weighing 22,440.400 gms valued at Rs. 36 lakhs were found missing. The assessee had lodged their report immediately on arrivi...

Titanor Components Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)72ITD514(Delhi)

1. This appeal of the assessee is directed against the order dated 15-1-1998 recorded by CIT(A) XIV, New Delhi, deciding the appeal of assessee for assessment year 1994-95.2. Grounds No. 1 to 11 relate to common issue about deduction claimed by assessee under section 80-IA of IT Act, 1961 (hereinafter referred to as the Act). Facts giving rise to this issue are that facts as available on record are that assessee-company was granted industrial licence by Ministry of Industry, Department of Industrial Development, Govt. of India vide No. SIA/EIR/915(90) dated 16-10-1990 for manufacture of coated metal electrodes (anodes and cathodes) at Kundain Industrial Area, North Goa, Goa State. It is also the case of the assessee that the assessee-company obtained necessary registration certificate from Excise Department vide letter No. M/PNJ/3/93 dated 23-6-1993 and entered into an agreement dated 26-2-1993 with U.H.D.E.India Ltd. for coating of titanium sub-strates numbering 1212 and started prod...

income-tax Officer Vs. Ramji Lal Gansham Das

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)31ITD127(Delhi)

1. The revenue has preferred these appeals for the four assessment years 1973-74 to 1976-77. The CIT (A) had disposed of these four appeals by his common order dated 14th April, 1986. The objection of the revenue is on the cancellation of the penalties levied on the assessee for the concealment of incomes under Section 271(1)(c) of the I.T. Act. The quantum of penalties levied were Rs. 44,862, Rs. 30,395, Rs. 33,197 & Rs. 40,072 for the assessment years from 1973-74 to 1976-77 2. The brief facts of the case are brought out below. The business premises of the assessee firm and the residential premises of the partners were searched on 29th Dec. 1981. The seized documents included duplicate set of cash book and ledger which were marked for identification as Nos. 57 & 58, 59, 55 & 56, and 50 relating to the assessment years 1973-74, 1974-75, 1975-76 and 1976-77 respectively.The ITO co-relating the items appearing in the seized books and the regular books of accounts was able t...

Narula and Co. P. Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)43ITD21(Delhi)

1. This is an appeal by the assessee against an order of the Commissioner of Income-tax (Appeals ) pertaining to the assessment year 1987 88. The grievance of the assessee in this appeal is that the Commissioner of Income tax (Appeals) erred in sustaining disallowance of repairs and maintenance amounting to Rs. 1,07,227. The assessee is engaged in the business of ice cream. During the assessment year under consideration, the assessee purchased a property from NOIDA authority for a sum of Rs. 2,14,650 and had spent Rs. 1,07,229 on major repairs and renovation which was claimed by the assessee. However, the Income-tax Officer disallowed the deduction on the ground that the expenditure was capital in nature. However, he allowed depreciation on the same.2. Before the Commissioner of Income-tax (Appeals), the assessee presented details of repairs which were also filed before the Income-tax Officer which show that a sum of Rs. 46,072 was spent on building repair, Rs. 44,655 on electrical fi...