Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2004)91ITD196(Mum.)
1. This is an appeal filed by the assessee and directed against CIT(A)'s order dated 19 ^th March 1999 in the matter of assessment under Section 143(3) of the Income Tax Act, 1961, for the assessment year 1994-95. Solitary grievance of the assessee is that the CIT(A) erred in conforming the disallowance of Rs. 2,92,855, being medical expenses incurred on treatment of wife of appellant's chauffer, on the plea that such expenses are charitable expenses in nature and are not necessitated by business expediency.2. We have heard the parties, perused the records and taken into account factual matrix of the case as also the applicable legal position. Before we come to the core issue in this appeal, it is desirable to briefly set out the material facts.3. The assessee derives income from professional receipts as a cine artist. One person by the name of Shri Rawat (R, in short) was working with the assessee as a chauffer. It is not in dispute that the salaries and allowances paid to R constitu...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (1984)7ITD536(Mad.)
1. The assessee has been a Captain in Ratnakar Shipping Company Ltd. On account of devaluation of Indian rupee in June 1966, the employees on the ship going into foreign ports were getting less money in foreign currency due to devaluation. The employees' union made representation.It appears ultimately the Indian National Shipowners' Association representing the Indian shipowners, negotiated an agreement with the unions for devaluation compensation to be paid to both the officers and crew. This was to be paid only for the period, the vessel was away from the Indian shores, i.e., it was payable as from the day the vessel sailed from the last Indian port up to the time the vessel returned to the first Indian port. The letter dated 8-7-1982 of the Maritime Union of India, addressed to the assessee, reads as under : We would refer to your enquiry regarding devaluation compensation which was paid to the floating staff officers by Indian Shipping Companies. The relevant facts about this allo...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (1985)13ITD355(Bang.)
1. These appeals reiterate the claim of the assessee for relief under Section 23(3)(b) of the Income-tax Act, 1961 ('the Act').2. The assessee is an individual. The assessee was ordinarily residing at Kathmandu, Nepal. However, he constructed a house at Udupi in which he actually resided in the previous year ended 31-3-1977, corresponding to the assessment year 1977-78, only for a month. For the rest of the period, the house was occupied by his son who was a student of MIT Manipal, along with a servant. The assessee, therefore, claimed that since he could not actually occupy the property by reason of his employment elsewhere, there should be remission of the annual letting value proportionately to the period not occupied by him. This was denied by the authorities below. In the further appeal before us, it was contended on behalf of the assessee that the provisions of Sub-section (3) of Section 23 was designed only to meet a contingency such as this where the assessee could not himself...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1987)23ITD594(Delhi)
1. In these second appeals the question is whether the Appellate Asstt.Commissioner of Wealth-tax, Dehradun, whose orders dated 30th March, 1985 in respect of assessment year 1982-83 and of 14th August 1985 for the later two years are brought in appeal, rightly rejected the assessee and confirmed the assessments on the point that the assessee was not entitled to exemption under Section 5(1)(xxa) of the Wealth-tax Act, 1957 (hereinafter referred as the Act) in respect of value of shares of M/s. Narendra Explosives Ltd. (hereinafter referred as 'NEL').2. The value of shareholdings in NEL was stated to be Rs. 7,75,400, Rs. 4,60,000 and Rs. 7,70,500 for the three years respectively but these are not in dispute neither they are relevant for adjudication of the question before us.3. To understand the controversy and further as to whether the primary question which was necessary to adjudicate the issue were considered and decided, a brief history of NEL must be stated, which is that it was i...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cochin
Reported in : (2004)268ITR109(Coch.)
1. These appeals are by the assessee and pertain to the assessment years 1990-91 and 1991-92. They are directed against the order dated 13-11-2000 of the CIT (Appeals)-II, Kochi, confirming he penalty of Rs. 3,68,800/- and Rs. 3,14,800/- respectively for the assessment years 1990-91 and 1991-92, levied under Section 272A(2)(c) of the Income-tax Act, 1961.2. The facts of the case in brief are that the assessee filed returns for the assessment years 1990-91 & 1991-92 disclosing a loss of Rs. 24,42,200/- and Rs. 24,68,020/- respectively. Returns were processed under Section 143(1)(a) of the Act on 21-03-1991 and 23-09-1991 respectively. Subsequently the assessments were completed under Section 143(3) of the Act. The assessee produced a feature film named 'Oru Sayahnathinte Swapnom' and was released on 28-9-1989 and another feature film named 'Arangu' which was released on 22-3-1991. The assessing officer was of the view that the assessee was required to file a statement in form No. 5...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cochin
Reported in : (2004)90ITD248(Coch.)
These appeals are by the assessee and pertain to the assessment years 1990-91 and 1991-92. They are directed against the order dated 13-11-2000 of the Commissioner (Appeals)-II, Kochi, confirming the penalty of Rs. 3,68,800 and Rs. 3,14,800 respectively for the assessment years 1990-91 and 1991-92, levied under section 272A(2)(c) of the Income Tax Act, 1961.The facts of the case in brief are that the assessee filed returns for the assessment years 1990-91 & 1991-92 disclosing a loss of Rs. 24,42,200 and Rs. 24,68,020 respectively. Returns were processed under section 143(1)(a) of the Act on 21-3-1991 and 23-9-1991 respectively.Subsequently the assessments were completed under section 143(3) of the Act. The assessee produced a feature film named 'Oru Sayahnathinte Swapnom' and was released on 28-9-1989 and another feature film named 'Arangu' which was released on 22-3-1991. The assessing officer was of the view that the assessee was required to file a statement in Form No.52A, cont...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
1. Out of this bunch of three appeals, two are revenue's appeals directed against the order of the learned Commissioner (Appeals)-XXXVI, Mumbai dated 4-10-2000 in the case of Shri Vikram S. Agarwal and against the order learned Commissioner (Appeals)-XIX, Mumbai dated 21-4-1999 in the case of Smt. Vanita Bhandari and remaining one appeal is of the assessee i.e., Mrs. P.S. Aggarwal against the order of learned Commissioner (Appeals)-IX, Mumbai dated 30-4-1997. Since, common issue is involved in all these three appeals, these three appeals are being disposed of by this common order for the sake of convenience.2. Briefly stated, the facts are that all these three assessees were the Directors in Diners Club India Ltd. now know as DBS Financial Services F Pvt. Ltd. (DBS). The said company entered into an agreement with Citi bank and has actually sold its business of credit card to Citi bank Ltd. As a part of such deal, with Citi bank required the Diners to get restrictive covenant severall...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2008)114ITD61(Delhi)
1. ITA 5883 & 5885/Del/1998 : These are appeals by the assessee against the common order dt. 31st Aug., 1998 of CIT(A)-XIV, New Delhi, relating to the asst. yrs. 1994-95 and 1995-96. ITA 3943 to 3945/Del/99 are appeals by the assessee against the common order dt. 30th July, 1999 of CIT(A)-XIV, New Delhi, relating to the asst. yrs. 1992-93, 1993-94 and 1996-97. These appeals arise on identical facts and circumstances and involve common issues. They were heard together and we deem it convenient to pass a consolidated order.2. ITA 5884/Del/1998 is an appeal by the assessee against the order dt.31st Aug., 1998 of CIT(A)-XIV, New Delhi passed under Section 154 of the Act relating to the asst. yr. 1995-96. This appeal however will be dealt with separately as the issue raised therein is different and calls for an independent adjudication.3. The facts and circumstances under which these appeals arise are as follows: The assessee is a company incorporated as per the laws of Japan and a tax...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Amit Shukla, J.M. 1. This appeal has been preferred by the assessee against order dated 29.03.2010 passed by the CIT (A)-11, Mumbai in relation to the order passed under section 195(2), inter alia on the following grounds of appeal: "1. Based on the facts and circumstance of the case, the Commissioner of Income-tax (Appeals)-ll [hereinafter referred to as the CIT(A)] ought to have held that no tax is required to be deducted @ 10% from the payment to be made to Pehla Testing Laboratory (Pehla) towards type tests. 2. The CIT (A) erred in not considering the fact that the payment to be made mainly for standard facility provided by laboratory using highly sophisticated equipment and is essential and core ingredient for carrying out the test. CIT (A) wrongly ignored this aspect which is going to the root of the case. Even while noting that Pehla carried out type test using sophisticated equipment without any human intervention CIT (A) failed to address the topic and wrongly held that consid...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)7ITD913(Kol.)
1. Through these appeals the assessee has challenged the combined order of the Commissioner passed in terms of Sub-section (2) of Section 25 of the Wealth-tax Act, 1957 ('the Act') in respect of the assessment years 1973-74 and 1974-75 setting aside the assessment orders passed by the WTO in respect of these years and directing him to frame them afresh in accordance with the facts of the case and the law after giving due opportunity to the assessee for representing his case.2. The facts bearing on the controversy may be noted. The assessee is a HUF. Its valuation dates for the aforesaid two years are 31-3-1973 and 31-3-1974, respectively. 'The family's wealth consists, inter alia, of several houses two of which are situated at Gurusaday Road bearing Nos.1A and 1B, Gurusaday Road, Calcutta. The WTO referred to the Valuation Officer the valuation of the properties Nos. 1A and IB, Gurusaday Road, vide his letter dated 29-7-1978 in terms of Section 16A of the Act. The WTO requested the Va...
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