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Picker India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

1. These are the two appeals filed one by the assessee and other filed by the Revenue and both are against the order of the CIT(A)-XXIX, New Delhi dt. 14th July, 2000. There are six grounds in the appeal of the assessee. Grounds 3 to 6 of the assessee's appeal are narrative and the issue that arises from them is whether the CIT(A) would have taken a decision based on the available facts and delete the addition of Rs. 1,61,86,880 instead of setting aside the issue relating to the alleged low GP to the files of the AO with certain guidelines. Further, the CIT(A) is directing the AO to apply the provisions of Section 92 of the IT Act and issuing certain directions in this regard. Finally, other two grounds Nos. 1 and 2 are: 1. That the CIT(A) erred on facts and in law in sustaining disallowance of commission of Rs. 11,07,251 paid to RTP Business Enterprises, Rs. 8,500 paid to JK Traders and Rs. 8,400 paid to Technomed Services on the ground that the appellant failed to bring any evidence...

Televista Electronics (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)12ITD161(Delhi)

1. The assessee, a private limited company, has challenged the levy of interest in the sum of Rs. 85,110 under Section 217 of the Income-tax Act, 1961 ('the Act') Some antecedent facts have to be noticed first.2. The assessee-company has been a regular assessee for the past many years. The accounting year followed is the financial year. Assessment was completed for this year on 27-3-1982 on a total income of Rs. 6,58,140. As part of this order, the ITO had directed as under: 3. On receipt of the copy of the assessment order, the assessee wrote to the ITO, on 8-4-1982, as under: While calculating the tax on the assessed income, a sum of Rs. 85,110 has been charged towards interest under Section 217. This action is patently incorrect and such provisions are not applicable to the company as no notice under Section 210 was issued by the department and, accordingly, the assessee-company was not obliged to file any statement of income under Section 209A or any estimate in respect thereof, w...

Deputy Commissioner of Income Tax Vs. P.U.R. Polyurethene Products (P)

Court : Income Tax Appellate Tribunal ITAT Delhi

1. These two appeals filed both by the Revenue as well by the assessee are consolidated and disposed of by a single order. Appeals containing common issues relate to asst. yr. 1989-90.2. At the outset it may be pointed out that none appeared on behalf of the assessee despite notice having been sent through registered post.On perusal of the order sheet we further find that the appeals have been fixed right from the year 1996 onwards. Considering the several opportunities allowed, we proceed to dispose of appeals ex parts qua assessee but on merits. The submissions of the learned Departmental Representative and the paper book submitted by the assessee are taken into consideration while disposing of the appeals.3. Taking up the Revenue's appeal in ITA No. 599/Del/1992 first, we find that the first contention raised relates to disallowance of loss of Rs. 30,000 claimed by the assessee. The facts in brief are that the assessee-company who is having its factory at Okhla Industrial Area Phas...

Akal Purkh Ex-servicemen Vs. Ito, Tds Ward 49(1)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)5SOT200(Delhi)

These five appeals have been filed by the same assessee against different orders of Learned Commissioner (Appeals) for financial years 1995-96 to 1999-2000. As facts and circumstances and issues pertaining to these appeals are similar, for the sake of convenience, these five appeals were heard and are being decided together.Shri M.S. Sekhon, Learned Chartered Accountant appeared for the assessee whereas Shri Rananjay Singh, Senior Departmental Representative represented the revenue.Before dealing with the individual appeals, we consider it proper to narrate the background and relevant facts relating to this matter which are as under : The Ministry of Energy and Ministry of Defence formulated a scheme in 1979 to raise ex-servicemen coal transport companies. The purpose of the scheme was to have union free captive transport companies in coal subsidiaries of Coal India Limited and to provide resettlement opportunity to ex-servicemen. This scheme laid down the eligibility criteria for the...

Mrs. Ranjana Katyal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113TTJ(Delhi)479

1. The assessee in this appeal is the late S.K. Katyal, who passed away on 1st Sept., 2002. The assessment for the previous year ended on 31st March, 2002 has been framed on his wife Smt. Ranjana Katyal. The assessee filed a return declaring property income, salary from a partnership firm, profit on the sale of shares and income from other sources. While completing the assessment under Section 143(3) of the IT Act, the AO noticed that the assessee had received two gifts of Rs. 2,50,000 each from Sudhir Duggal and Satish Kumar Dhingra. In order to verify the genuineness of the donors, the AO issued summons under Section 131 of the Act. The summons were served on Satish Kumar Dhingra, but he did not appear before the AO. The summons issued to Sudhir Duggal could not be served as he was not available at the given addresses. The AO therefore called upon the assessee to produce these persons, but the assessee could not do so. The AO therefore, took the view that the assessee failed to esta...

Bharat Hotels Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)53ITD450(Delhi)

1. Appellant is a company and its appeal for assessment year 1987-88, for which the previous year ended on 31-12-1986, is directed against the order dated 7-9-1994 of CIT (Appeals)-XV, New Delhi. The dispute is relating to assessment of Rs. 10.28 crores assessed as income of the assessee out of the receipts shown as deposits from the sub-licensees.2. Assessee had filed the return of income on 13-4-1988 declaring income of Rs. 36,350. The assessment was originally made on 30-3-1990 at an income of Rs. 8,65,57,166. A sum of Rs. 8,63,37,963 was included in the assessed income as profits from transferring the right to use space in the shopping-cum-commercial building known as World Trade Centre (hereinafter called as WTC). The Assessing Officer held that the so-called shop deposits were the revenue receipts of the assessee for the year under appeal as WTC was completed during the year and the space was allotted to the users. For computing the income of the assessee in respect of this sour...

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 ...

Rolls Royce Plc Vs. Dy Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

1. All these appeals by assessee are directed against the common order of learned Commissioner (Appeals)-XXIX, New Delhi dated 27-2-2007.2. The appellant Rolls Royce (P) Ltd. Co. (RR Plc) is a company incorporated in United Kingdom ('UK') and is a tax resident of that country. The appellant is a non-resident foreign company for the purpose of its tax assessment in India. The appellant was not filing any return of income in India. It was found by the assessing officer that the appellant was supplying aero-engines and spare parts to Indian customers, mainly to M/s Hindustan Aeronautics Limited (HAL), Indian Navy and Indian Air force. On examination of the facts and circumstances of the case, the assessing officer was of the view that the appellant was having a business connection in India under Section 9 of the Act as well as PE under Article 5 of the Double Taxation Avoidance Agreement (hereinafter referred to as the 'Double Taxation Avoidance Agreement') between India and UK. The busi...

Dcit, Spl. Range-i Vs. Jindal Photo Films Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

1. As there is a difference of opinion, the matter is being referred to the Hon'ble President of the I.T.A.T with a request that the following question may be referred to a Third Member or pass such order as the Hon'bie President may kindiy decide: Whether on me facts and circumstances of the case, the product (photographic apparatus and goods) being manufactured by the assessee did not come under 11th Scheduie of the Act and therefore, the assessee was eligible for deduction Under/Section 801/801A of the Act.1. The appeal has been directed by the revenue against the order of the CIT(A) dated 28.11.97 pertaining to assessment year 94-95.In the sole ground, the revenue has challenged the direction of the CIT(A) to allow deduction Under Section 80-1 of the Act despite the fact that the product being manufactured by the assessee came under the XI^th Schedule of the Act.2. Briefly, the facts of the case are that the assessee company is engaged in the production and manufacture of photo co...

Smt. Krishna Verma and Subhash Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113ITD655(Delhi)

1. These appeals of the assessee were decided by the Tribunal vide consolidated order dt. 9th March, 2007 reported as Smt. Krishna Verma v. Asstt. CIT (2007) 109 TTJ (Del) (SB) 193Ed. Thereafter, the assessee filed miscellaneous applications bearing Nos. 327 and 264/Del/2007. The said miscellaneous applications were disposed of by the Tribunal vide consolidated order dt. 24th Aug., 2007.2. In the miscellaneous applications filed, the grievance of the assessee was that the Tribunal had decided only one ground of appeal which related to the defect in the notice issued under Section 158BC by giving less than 15 days notice to the assessee to file block return and this Tribunal did not adjudicate upon the other grounds of appeal raised in the above appeals filed by the assessee. Since the Special Bench constituted to decide whole of the appeal and certain other legal grounds involving jurisdictional aspect, which were raised but have not been adjudicated upon, there was a mistake in the o...