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...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1991)37ITD285(All.)
1.It is an appeal filed by the assessee against an order of the learned CIT(A) dated 30th March, 1990 for the assessment year 1988-89. The following grounds have been taken up :- 1. The learned CIT(A) has erred in law as well as on facts in confirming the action of the Assessing Officer resulting in short allowance of deductions under Section 32 AB and 80-1 by holding that "Zarda Yukt Pan Masala" is a tobacco preparation within the meaning of item No. 2 in the Eleventh Schedule and hence not entitled to the said deduction despite there being relevant and cogent evidence on record to the contrary leading to the inevitable conclusion that "Zarda Yukt Pan Masala" is not a "tobacco preparation 2. That the learned CIT(A) completely disregarded the rule of interpretation while construing the meaning of item No. 2 in the said Schedule that entries pertinent to articles or things of every day use which have no statutory definition but are referred to, in any particular statute, have to be con...
Tag this Judgment!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...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (2002)80ITD281(Bang.)
1. Since identical issues are involved in both the appeals they are disposed of by a common order for the sake of convenience. These are appeals filed by the department for the assessment years 1988-89 and 1987-88 respectively and are directed against the common order passed by the CIT(A), dated 7-10-1991.2. The assessee is a foreign company. It has been subjected to tax by the ACIT, Central Circle-I, Bangalore, in respect of certain amounts received by it from M/s. United Glass Bottles Manufacturing Co., (UGBMCL), an Indian company. M/s. UGBMCL has been treated as the agent of the foreign company for the purpose of the said assessment for both the years under consideration. There was a contract between the two companies according to which the foreign company undertook to supply engineering designs and drawings and some equipments required for modernising and upgrading the regenerating furnace in the glass division of the Indian company. The foreign company also agreed for supervision...
Tag this Judgment!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...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2006)100TTJ(Ahd.)879
1. Of these three appeals, first two appeals are cross-appeals one by the assessee and the other by the Revenue against the order of CIT(A) dt. 25th Jan., 2003 for the block period 1st April, 1989 to 20th Jan., 2000 and the third appeal is by the assessee against the order of CIT(A) dt. 24th Nov., 2004 for asst. yr. 2001-02.ITA No. 429/Ahd/2003 for block period 1st April, 1989 to 20th Jan., 2000 (assessee's appeal): 1. The assessment made under Section 158BC r/w Section 158BD dt. 28th Feb., 2002 is ab initio void, illegal and invalid. It is therefore prayed that the same be cancelled. 2. In the facts and circumstances of the case and in law the learned CIT(A) considering that the assessment proceedings being initiated on the basis of vague notice under Section 158BC and that the notices under Section 142(1) and 143(2) having not been issued within prescribed time under the law, ought to have held the assessment as invalid and therefore ought to have cancelled the same. 3. The learned ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
1. The assessee is in appeal before us against the order of learned Commissioner (Appeals)-XLX, Mumbai, 17-11-2004 passed for assessment year 2001-02. The grounds of are not in consonance to rule 8of ITAT Rules, they are argumentative and descriptive in nature. The sale grievance of assessee relates to denial of deduction under Section 80-O of the Act.2. The learned first appellate authority has noticed the facts in a very lucid and exhaustive manner from para 5 of the order, thus the facts leading to the litigation read as under: 5. The appellant assessee is engaged in the business of relocation of personal and household effects. It is stated by the appellant that it is engaged in the business of specialized relocation solutions in India and in foreign countries involving handling, packing, moving and relocation of personal and household effects of foreign clients like multinational companies, diplomatic missions, Government agencies and private non-resident clients etc. It is explai...
Tag this Judgment!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...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1985)13ITD288(Kol.)
1. The assessee in this case was an individual deriving income from salary, interest on security, house property, dividend, etc. During the relevant assessment, a sum of Rs. 10,80,000 was included as the assessee's income from undisclosed sources being the amount which was invested by the assessee benami in the name of Shri Kalyan J.B. Rana for the purchase of shares of Rohtas Industries Ltd. and S.K.G. Sugar Ltd., the two companies of the Sahu Jain Group. Since the sources of the purchase could not be explained, it was held that the amount had been invested by the assessee benami in the name of Shri Rana and this view was ultimately upheld by the Hon'ble Supreme Court.The ITO, therefore, initiated penalty proceedings for concealment of this income under Section 28(1)(c) of the Indian Income-tax Act, 1922 ('the Act,). In response to the show-cause notice, one of the legal representative of the assessee who had died, contended that the question of assessment of the said amount was stil...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (1988)24ITD406(Mad.)
1. This appeal by the assessee is directed against the inclusion of the income from three properties in which the assessee had life interest and which the assessee claimed had been surrendered to the remaindermen. The assessee had a life interest in properties No. 20, Vepery High Road, Nos. 67 to 76, Madhavaram High Road and No. 6, V.V.Koil Street, Madras granted to her under a deed of settlement dated 2-4-1945. This life interest was being shown as part of her net wealth and income attributable to these properties were also being assessed to income-tax. By a deed of partition dated 27-4-1974 between the assessee and her other relations the assessee surrendered her life interest in these three properties in exchange for an absolute interest in property No. 1, Naval Hospital Road, Madras. For the assessment year 1977-78 corresponding to the previous year ended 31-3-1977 the assessee included the income from No. 1, Naval Hospital Road only. The ITO however refused to recognise the parti...
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