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Subhash Chand Chopra Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92TTJ(Delhi)1087

1. This first appeal by assessee is directed against the order of Asstt. CIT, Circle-I, Saharanpur, dt. 31st Oct., 1996, for (block) asst. yrs. 1986-87 to 1996-97 upto the period 13th Oct., 1995, passed under Section 143(3) r/w Section 158BC of the IT Act.2. Since large number of issues are involved in this appeal, therefore, it is necessary to reproduce all the grounds of appeal for the sake of convenience upon which this appeal is filed challenging the impugned assessment order. The grounds of appeal are as follows : "1. That the learned AO erred in estimating the concealed income of the appellant for the block period from asst. yrs. 1986-87 to 1996-97 (upto the period 13th Oct., 1995) at Rs. 15,71,316 (Fifteen lakhs seventy one thousand three hundred sixteen) ignoring or wrongly rejecting the explanation given by the appellant and/or by resorting to conjectures and surmises. 2. That learned AO erred in estimating additional income in the assessment order at various places on the ba...

Deputy Commissioner of Income Tax Vs. Oriental General Insurance Co.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92TTJ(Delhi)300

1. As certain common facts and connected issues are involved in these 12 appeals, the same have been heard by us together and are being decided by this consolidated order for convenience.2. The assessee in these appeals is a public sector undertaking and, therefore, the parties require permission/approval of Government of India, Committee on Disputes (COD), for prosecuting their respective appeals before the Tribunal. The necessary permission/approval of COD has been filed in all these appeals except in Revenue's appeals being ITA No. 5035/Del/1998 and ITA No. 3910/Del/2000, being the appeals filed by the Revenue on 9th Oct., 1998, and 20th Sept., 2000, respectively, against the orders of the learned CIT(A)-m, New Delhi, and learned CIT(A)-XXI, New Delhi, dt. 21st July, 1998 and 31st July, 2000, in the case of the assessee in relation to assessment orders under Section 143(3) for asst. yrs. 1995-96 and 1997-98. In the absence of COD approval for these two appeals filed by the Revenue ...

Oriental Insurance Company Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)96TTJ(Delhi)589

1. These appeals by the assessee are directed against the common order of the CIT(A), Ghaziabad, dt. 16th Oct. 2002, for the asst. yrs, 1999-2000, 2000-01 and 2001-02 under Sections 201(1) and 201(1A) of the IT Act.2. We have heard the learned representatives of both the parties and gone through the observations of the authorities below and the details furnished in the paper book by the counsel for the assessee.3. These appeals are filed on common grounds against the common order of the CIT(A). The AO also passed the order under Sections 201(1) and 201(1A) of the IT Act commonly in all the years. Therefore, we have heard all the matters together and dispose of the same by this common order.4. For the sake of convenience, we reproduce the grounds of appeal taken in TDS Appeal No. 3/2003, which are as under : "1. That the appellate authority has erred in law and on merits of the case in holding that the assessee was a person liable to deduct tax at source. The order of learned CIT(A) wa...

Shaw Wallace Distilleries Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)85TTJ(Delhi)236

1. These appeals by the Revenue and the assessees for asst. yrs.1997-98, 1998-99 and 1999-2000 involve common points and, therefore, these were heard together and are being disposed of through this consolidated order, for the sake of convenience.Grounds raised by the Revenue in their appeal for asst. yr. 1998-99 are as follows : "1. The learned CIT(A) in the facts and circumstances has erred in deleting the disallowance of royalty under Section 35A or 40A(2) amounting to Rs. 5,27,35,429. 2. The learned CIT(A) in the facts and circumstances has erred in deleting the disallowance of Rs. 1,73,440 on account of deferred revenue expenditure." "1. That on the facts and in the circumstances of the case and in law, the disallowance of Rs. 3,19,553 on account of prior period expenses is unjustified, illegal and unwarranted. The expenses debited to the P&L a/c pertain to the. relevant previous year only. Therefore, the addition of Rs. 3,19,553 deserves to be deleted in total. 2. That on the...

Cea Consultants (P) Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)87TTJ(Delhi)1146

This is an appeal filed by the assessee against the order dated 15/10/ 97 of Commissioner (Appeal)-X, New Delhi pertaining to 1995-96 assessment year.1. That on the facts and circumstances Of the case and in law the Commissioner (Appeal) erred in cafirming the action of the assessing officer in treating the long capital gain of Rs. 21,67,506 as taxable income of the appellant and not accepting the appellant's contention that the same was not chargeable to tax as per the provisions of section 47(iv) of the Income Tax Act, 1961.2. That the order passed by the assessing officer and Commissioner (Appeal) are bad in law and void ab-initio." The relevant facts of the case are that in the course of the assessment proceedings, the assessing officer observed that the assessee had made certain deduction from, the gross income profit on sale of investment.In view of the fact that no reason was given by the assessee for making the said deduction from sale of investments, the assessee was asked to...

Deputy Commissioner of Income Tax Vs. Aggarwal and Modi Enterprises

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)86ITD214(Delhi)

1. These three appeals have been filed by the Revenue against the orders of the CIT(A) for asst. yrs. 1987-88, 1988-89 & 1989-90. Since main issues involved are identical, these appeals have been heard together and are disposed of by a single order.2. The main issue common in the three appeals of the Revenue relate to claim of deduction of licence fees and interest on arrears thereof payable to NDMC.3. The assessee is engaged in the business of running cinema hall in the name of Chanakya Cinema situated in the commercial complex known as Yashwant Palace belonging to NDMC. The assessee got the licence for running the cinema hall against payment of licence fee of 5,51,111 as per the agreement originally entered into with the NDMC authorities on 16th Sept., 1970, for a period of ten years. There was a provision in the original agreement whereby the assessee had a right to renew the licences for a further period of 10 years. After the expiry of the original lease, a fresh agreement wa...

Consortium Finance Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2002)82ITD808(Delhi)

1. These appeals are directed against separate orders of the CIT (A) and having been heard together are decided by a common order.2. In the appeal for asst. yr. 1996-97 the assessee has raised 7 grounds, but at the time of hearing a solitary issue covering grounds 2 to 5 (reproduced hereinafter) was argued and the other grounds were not pressed. Such grounds would; therefore, stand rejected. "2. That while confirming the assessment, the learned joint CIT has erred in sustaining the disallowance of the claim of depreciation aggregating to Rs. 92,00,625. The learned CIT (A) has failed to appreciate that the assessee was the owner of the plant leased out by it and had been utilised by it for the purpose of its business. The finding of the learned CIT(A) that the transaction was a finance transaction, is based on complete misconception of facts 3. That further, the finding of the learned CIT (A) that M/s KPCL was in red and was badly in need of resources to run its business, by itself was...

Deputy Commissioner of Income Tax Vs. Asian Hotels Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

1. These are two appeals of the Revenue directed against separate orders of appeal of CIT(A)-XIV, New Delhi dt. 13th July, 1990, and 7th August, 1991, relating to asst. yrs. 1985-86 and 1986-87 respectively and these appeals since involve similar facts and identical points. So these are consolidated and disposed of by a single order for the sake of convenience. "On the facts and in the circumstances of the case, the learned CIT(A) has erred in : (a) directing the AO to allow assessee-company's claim of investment allowance on plant and machinery amounting to Rs. 3,57,69,003 by ignoring the material fact that the assessee-company is engaged in hotel business which is not an industrial undertaking and as such is not eligible for such an allowance; and (b) directing the AO not to include a sum of Rs. 3,92,758 paid by the assessee-company as commission to travel agents for the purposes of working out the disallowance under s. 37(3A) of the IT Act, 1961." 3. Similarly, in ITA No. 7415 (Del...

Pioneer Publicity Corpn. and ors. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

1. These are the appeals preferred by the Pioneer Publicity Corporation Group ("PPC" in short) against the block assessment orders made under s. 158BC of the IT Act, 1961, separately in each case.2. Since all the assessees involved are of the same group and certain issues involved are inter-related, we have heard these appeals together and these are being decided by this consolidated order.3. Search and seizure operations in the cases of the this group were carried out by the Department relating to their business as well as the residential premises on 27th October, 1995, and during the course of search the Department seized valuable assets as well as the books of account documents, etc. The position of cash and jewellery found and seized in this group on search is as under : Cash (Rs.) (Rs.) 226, Cycle Market, Jhandewalan (business 3,26,580 3,20,000 premises of PPC) New Delhi First floor, 64, Kalyanvihar (residence of 2,18,450 2,00,000 Sunil Vasudev, partner of PPC) Ground floor, 64, ...

Sanjeev Batra Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1999)69ITD23(Delhi)

1. This is assessee's appeal directed against the order of the CIT(A), New Delhi, dt. 13th September, 1996, relating to asst. yr. 1993-94 and following grounds have been raised : "1. Action of the CIT(A) in not deleting following additions made by the AO is unjust, illegal, arbitrary and against the facts and circumstances of the case : (a) Rs. 25,00,000 under s. 68 of the IT Act, for gift of that amount received by Master Suvrat Batra, son of the assessee. 2. Action of the CIT(A) in upholding charge of interest under s. 234A, 234B and 234C of IT Act is unjust, illegal, arbitrary and against the facts and circumstances of the case. 3. Action of the CIT(A) in not taking note of the submissions of the applicant that the provisions of s. 64(1A) of IT Act are not applicable to the facts of this case is unjust, illegal, arbitrary and against the facts and circumstances of the case." 2. Since ground No. 1(a) and ground No. 3 are inter-related, these are first taken up and disposed of.3. Fac...