Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1987)22ITD532(Mum.)
1. Since a common issue is involved in both these appeals relating to two brothers, they are dealt with and disposed of by a consolidated order. The assessment year in both the cases is 1980-81 and the accounting period is financial year ended 31-3-1980.2. The facts in this case as gathered from the assessee's counsel as well as the records of the case may be briefly stated. Shri H.N.J. Dady and Shri K.N.J. Dady are brothers. Both of them left India on 28-3-1978 for Nepal with their respective spouses and returned to India on 10-4-1980. For proving their absence from India during the period between 28-3-1978 and 10-4-1980, entries in their passports to establish their departure out of India on 28-3-1978 and arrival in India on 10-4-1978 were shown to the Income-tax Officer. Since the accounting year of the assessee was the financial year, a claim was made before the 1TO that the assessees were non-residents for the assessment years 1979-80 and 1980-81. This claim was made in support o...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1983)4ITD409(Mum.)
1. The first appeal is by the assessee and the second appeal by the department.2. On 11-12-1931 was born in the village of Kuchwara, Madhya Pradesh, Rajneesh Chandra Mohan, who afterwards became Acharya Rajneesh. After obtaining his M.A. Degree, Chandra Mohan taught at the Raipur Sanskrit College from 1957 to 1959 and was a Professor of Philosophy at the University of Jabalpur between 1960-1966. He resigned his professorship in 1966 allegedly to devote himself to spiritual work. He is stated to have travelled extensively delivering lectures between the years 1958 and 1969, until he settled in Bombay in 1969. He is stated to have held a meditation camp for the first time in 1964 in Rajasthan. After 1969, many public lectures and appearances were ascribed to him. He also had written profusely on spiritual and allied subjects.3. By an indenture of trust dated 11-6-1969, Shri Himatlal Haribhai Joshi and Shri Ishwarlal Naranji Shah as settlors drew up a trust deed creating the trust known ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1982)1ITD988(Mum.)
1. The only issue raised in this appeal preferred by the assessee, Travel Agents Association of India, Bombay, for the assessment year 1978-79, for which the relevant previous year ended 31-12-1977, pertains to disallowance of Rs. 45,000, out of sum of Rs. 50,000 paid by the assessee to Pacific Area Travels Association (India), being the assessee's share of contribution towards "Food Festival" held at the time of conference. The Commissioner (Appeals) considered the disallowance of Rs. 45,000 under Section 37(2) as entertainment.2. The learned authorised representative for the assessee in detail submitted that the Travel Agents Association of India had incurred the said expenditure in fulfilment of its objects as detailed in the memorandum of association. He submitted at length that at the time of the conference of Pacific Area Travels Association (India) Chapter, more popularly known at PATA, a sum of Rs. 1,30,000 was spent on Food Festival in which about 2,000 people were hosted out...
Tag this Judgment!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 Mumbai
1. Those two appeals were heard by the Special Bench as directed by the Hon'ble President, Income-tax Appellate Tribunal. The events leading up to the reference may be briefly noticed.2. The appeal of the assessee M/s. Mid East Portfolio Management Ltd. before the Tribunal involved several issues, one of which was whether the assessee was entitled to the depreciation amounting to Rs. 97.50 lakhs on the air-pollution equipments purchased from Rajasthan State Electricity Board, (hereinafter referred to as "RSEB") and leased backed to it. In the course of the hearing of the appeal, the Bench felt that in view of the complexity of the issue and its general importance the question should be considered and decided by a larger Bench. In the course of the arguments, several orders of various Benches of the Tribunal were cited on behalf of the assessee where the view had been taken that depreciation was allowable. On behalf of the Department, the main contention was that the documentation had ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2003)87ITD537(Mum.)
1. These two appeals were heard by the Special Bench as directed by the Hon'ble President, Tribunal. The events leading up to the reference may be briefly noticed.2. The appeal of the assessee M/s Mid East Portfolio Management Ltd. before the Tribunal involved several issues, one of which was whether the assessee was entitled to the depreciation amounting to Rs. 97.50 lakhs on the air-pollution equipments purchased from Rajasthan State Electricity Board, (hereinafter referred to as "RSEB") and leased backed to it. In the course of the hearing of the appeal, the Bench felt that in view of the complexity of the issue and its general importance the question should be considered and decided by a larger Bench. In the course of the arguments, several orders of various Benches of the Tribunal were cited on behalf of the assessee where the view had been taken that depreciation was allowable, On behalf of the Department, the main contention was that the documentation had been so created as to ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2002)258ITR106(Mum.)
1. This appeal has been filed by the Department against the order dated August 4, 1994, of the learned Commissioner of Income-tax (Appeals)-XII, Bombay, for the assessment year 1991-92. "1. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) erred in holding that expenditure of Rs. 2.80 lakhs incurred on tele film is allowable as revenue expenditure disregarding the fact that asset acquired with enduring benefit was to be used for the purpose of advertisement of business. He also should have followed the ratio of the decision laid down by the Bombay High Court in the case of CIT v. Patel International Film Ltd. [1976] 102 ITR 219. 2. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) erred in deleting addition amounting to Rs. 28,117 disregarding the fact that the object of expenditure incurred on account of stamp duty related to acquisition of asset and is assessable...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2003)86ITD556(Mum.)
1. These two appeals filed by Revenue related to asst. yr. 1996-97.Appeal in ITA No. 1703/Mum/2000 is in relation to assessment order under Section 143(3). Appeal in ITA No. 1705/Mum/2000 is in relation to proceedings under Section 143(1)(a). We shall take up Revenue's appeal in ITA No. 1705/Mum/2000 relating to proceedings under Section 143(1)(a) first. Facts of the case in this behalf are that the assessee filed return of income declaring Nil income on 26th Nov., 1996. The AO made an intimation under Section 143(1)(a) of the Act on 31st Oct., 1997, in which dry dock expenses claimed by the assessee were disallowed to the extent of Rs. 4, 53,61.339 by way of adjustment. On receipt of this intimation the assessee filed appeal before the learned CIT(A)-XVI, Mumbai, on 20th Feb., 1998, and also filed an application under Section 154 before the AO. Thereafter the AO passed an order under Section 154 on 30th March, 1998, whereby the addition of Rs. 4,53,61,339 made by way of adjustment of...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2002)81ITD299(Mum.)
1. This is an application for stay of the outstanding demand of Rs. 43,65,82,270 relating to the asst. yr. 1997-98.2. The brief facts resulting in the filing of the stay application are these. The assessee is the Maharashtra State Electricity Board, established under the Electricity Supply Act, 1948. It is wholly owned by the Government of Maharashtra and its sole objective is to generate and supply electricity. In making the assessment, the AO applied the provisions of Section 115JA of the IT Act, 1961, and computed the book profit for the purpose of income-tax at Rs. 460.88 crores and took 30 per cent thereof as income for assessment purposes, which came to Rs. 138.26 crores. On appeal, the assessment was confirmed. The tax demand was raised accordingly, out of which after giving credit for the payments made by the assessee, a sum of Rs. 43,65,82,270 is outstanding as of now in respect of which the stay is prayed for.3. The assessee's appeal before the Tribunal against the assessmen...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
1. This appeal is directed against the order of the CIT (Appeals) dated 20-6-1994 for the assessment year 1988-89. "1. On the facts and in the circumstances of the case and in law, the learned CIT (Appeals) erred in directing to treat the expenses of Rs. 7,85,866 made on premises as repairs and alterations in the form of replacing roof, new columns, demolition of old walls as revenue expenditure, without appreciating the facts and the circumstances on which the findings of Assessing Officer in the assessment order treating the said huge amount of repairs as capital expenditure was based and is well supported in the decided cases of M/s. Humayun Property Ltd. v. CIT [1962] 44 ITR 73 (Cal.)." 3. The assessee-firm is a tenant of a property belonging to M/s. Bombay Cotton Mills Estate (P.) Ltd. at Kalachowki, Bombay. The total built-up area in the possession of the assessee was 5,200 sq. ft. It was being used for carrying on the warehousing business of the assessee. The premises were owne...
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