Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2002)255ITR126(Pat.)
..... article 21 of the dtaa than to the provisions of section 69 of the act. it was decided by us that the deposit in the indian bank made by the nepali citizens cannot be taxed in india. this decision vitiates the assessments made in india concerning the deposits made in indian banks by ..... nepali citizens.4. when the assessments under the provisions of section 69 of the act does not stand, the order imposing the penalty under section 271(1)(c) of the act .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2002)256ITR26(Pat.)
..... enquiry conducted at the bank information was gathered under section 133(6) of the income-tax act for violation of section 195 of the income-tax act relating to a nepali/non-resident. notice under section 142(1) was issued but no return was filed.3. instead a copy of the ledger account of the depositor's account in the bank ..... 1. the department is in appeal against the order of the learned commissioner of income-tax (appeals) who held that unexplained deposits in the name of nepali citizens in the indian banks cannot be taxed under section 69 of the income-tax act, 1961. the main reason asserted by the department is that it is not proved ..... . there is no other finding of fact that the money actually belongs to the residents of india and there is no presumption that it does not belong to the nepali residents in whose names the deposits stand. furthermore, there was no violation of nepali law which, if it may be in the fitness of things, be brought to the notice of the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2002)81ITD160(Delhi)
1. The appeal has been filed by the assessee against the order of the CIT(A), dt 29th Dec., 1998, pertaining to asst. yr. 1994-95. The first ground of appeal relates to deduction under Section 80-O of the Act.2. The assessee-company provides professional services in the field of medicines. It is headed by Dr. N.P.S. Chawla and Dr. (Miss) Devjit Kinberlay Chawla, as directors. The assessee-company got the necessary expertise in the matter of providing emergency medical assistance to any person anywhere in India on call. It has on its own panel several qualified doctors who always remain on call, provide necessary medical services wherever required and give professional information to foreign insurers. It is patronised by almost all the insurance companies in the world and some important select embassies of foreign countries, though no formal agreement exist in some of the cases. After providing required treatment they are also provided qualified doctor to escort them back to their dest...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Vizag
Reported in : (2003)80TTJVisakha658
1. This batch of appeals preferred by the assessee, is directed against different orders of the CIT(A) for the asst. yrs. 1981-82 to 1986-87.2. The facts of the case in brief are that the assessee is an evangelist and has been carrying on the vocation of preaching Christianity on behalf of the Church of Christ abroad i.e., United States of America and Canada, and has been receiving money from them with an intention for propagation of Christianity in India. The nature of service rendered by the assessee is to execute the instruction of foreign churches in spending the money received from abroad on various activities in India and rendering monthly statements of accounts to the foreign employer. For such service, the assessee has been paid separate remuneration. The assessee was accordingly filing his returns of income in his individual status since the asst. yr. 1972-73 onwards offering his remuneration under the head "Income from salary" and being assessed accordingly for all the years...
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
Reported in : (2003)87ITD630(Bang.)
1. This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals) - X, Hubli dated 31-3-1997, pertaining to assessment year 1995-96.2. The assessee though has raised as many as 17 grounds, yet the relevant controversy is challenged by way of raising following grounds: i. The learned CIT(A) erred in confirming the addition of Rs. 1107.36 lakhs without allowing any expenditure incurred by the appellant in earning such income and thereby erred in not computing the total income as per the provisions of the IT Act, 1961. ii. The authorities below erred in computing the entire receipts under the head 'income from other sources' and further erred in not allowing the expenditure incurred by the appellant. iii. The authorities below erred in not computing the receipts under the head 'income from business or profession'. iv. The authorities below ought to have allowed the expenditure in the form of payment of interest to banks and on debenture and other expendit...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (2004)90ITD493(Hyd.)
..... , signed by mr. vardhan, it was stated that mr. vardhan met the representative of charity international, nepal, an n.g.o. which was contemplating starting a medical college to help nepalies and that during the discussion it was decided that sidur would come forward to render financial aid to facilitate setting up of the college and repayment would be made once ..... the college was established. that in this context he gave rs. 32 lakhs to k.m.c. this explanation is indeed specious. helping set-up a medical college for nepalies is hardly a charitable purpose which was further not put across to the executive committee of sidur. in his deposition mr. vardhan admitted that it was not as if sidur .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (2004)88ITD185(Chennai)
1. This is an appeal preferred by the assessee Shri R.K. Swamy of Chennai - 600 018 for the assessment year 1997-98 against the appellate order dated 7-3-2002 of the Commissioner (Appeals)-V, Chennai. The grounds of appeal of the assessee read as under :- 1. The order of the learned Commissioner of Income-tax (Appeals) is opposed to law, weight of evidence and facts of the case. 2. The learned CIT(A) erred in directing that the non-compete fee of Rs. 3.20 crores received by the appellant be brought to tax as business income under Section 28(u)(a) of the Income-tax Act, 1961 without appreciating: (a) the fact that the sum received was a capital receipt not subject to tax; (b) the various binding decisions of the Hon'ble Supreme Court that were relied upon by the appellant in this regard; (c) the incontrovertible facts surrounding the appellant's case [The CIT(A) has, in fact, misconstrued and misunderstood the same] and (d) the circumstances leading to and necessitating payment of the ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2004)89TTJ(Chd.)439
By this order we shall dispose of this appeal of the assessee filed against the order of Commissioner (Appeals), Patiala, for the assessment year 1995-96.The first issue raised in this appeal is that the Commissioner (Appeals) was not justified in sustaining the action of the assessing officer in disallowing deduction under section 80-L The relevant grounds of appeal relating to this issue are at SI. Nos. 1, 2, 4 and 5 and read as under : 1. That the learned Commissioner (Appeals) is not justified in confirming the action of the learned assessing officer in rejecting the claim of deduction under section 80-1 of Income Tax Act, 1961, of the appellant as a whole.2. That the learned Commissioner (Appeals) is not justified in confirming the learned assessing officer's action though on different ground/basis of not accepting the expansion of the existing manufacturing tractor unit as a new industrial undertaking and thereby rejecting the claim of deduction under section 80-I of Income Tax ...
Tag this Judgment!