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Deputy Commissioner of Income Tax Vs. Gearhert India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

1. Both the appeals are directed against the order dt. 21st May, 1992 of CIT(A)-XVI, New Delhi, for asst. yrs. 1989-90 and 1990-91.2. As both the appeals are by Revenue and have common Grounds and points of law, hence are taken together, heard and disposed of by a consolidated common order. "1. On the facts and in the circumstances of the case, the learned CIT(A) has erred in : (i) directing the AO to allow investment allowance under s. 32A holding that the assessee is an industrial company. (ii) deleting the addition of Rs. 3,06,559 representing customs duty for the computers taken on hire despite the fact that the assessee was not owner and the hire charges were also high. (iii) directing the AO to allow the depreciation @ 100 per cent on down hole equipments despite the fact that the assessee-company is not a mineral oil concern." 4. The brief facts of the case are that the respondent/assessee-company is engaged in carrying out full range of open hole and cased hole logging, perfor...

Hemla Embroidery Mills Pvt. Ltd. Vs. Deputy Commissioner of Wealth

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)66ITD363(Delhi)

1. These cross-appeals, one by the assessee and other by the Revenue are directed against the order dt. 30th March, 1992, passed by the CWT(A) for asst. yr. 1987-88. "(1) The learned CIT(A), Faridabad erred in holding that the land leased out to R. Narayan Dying & Printing Mills Ltd., was not land appurtenant to the factory building and hence, exempt in terms of cl. (VI) to sub-s. (3) of s. 40 of the Finance Act, 1983. (2) The learned CIT(A), Faridabad, erred in holding that the building, valued at Rs. 3,50,000 was not factory building exempt under cl. (VI) of sub-s. (3) of s. 40 of the Finance Act, 1983. (3) The learned CIT(A) erred in valuing the land at Rs. 9,00,000. Its value should have been taken at the book value as per r. 14(2)(ii) of Sch. III to the WT Act, 1957. (4) The learned CIT(A), Faridabad erred in valuing the building at Rs. 3,50,000. It should have been valued at its written down value in terms of r. 14(2)(i) of Sch. III to the WT Act, 1957." "(1) On the facts an...

Gorawara Plastics and General Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

1. The assessee has raised the following grounds against the order dt.2nd Oct., 1991 passed by the CIT (A) for asst. yr. 1988-89 : "(1) That, on the facts and circumstances of the case and in law, the Commissioner of Income-tax (Appeals) [hereinafter called the CIT (A)] erred in not considering the submissions made before him and not giving opportunity if he disagreed with them, thus denying the principles of natural justice thereby rendering the order passed by him as bad in law. (2) That, on the facts and circumstances of the case and in law, the CIT (A) erred in upholding the action of the AO in treating on account payments of Rs. 5,39,757 as job work receipts from Samtel India Ltd. (3) That on the facts and circumstances of the case and in law, the CIT (A) erred in confirming the disallowance of Rs. 4,75,539 out of finance charges paid to Hong Kong & Shanghai Banking Corporation. (3.1) Without prejudice and in the alternative, on the facts and circumstances of the case and in ...

Jai Mahal Hotel (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)65ITD362(Delhi)

1. These appeals by the appellant company are directed against the consolidated order passed by the CIT(A) on 16th March, 1990 for asst.yrs. 1985-86 and 1986-87 and the consolidated order dt. 1st Feb., 1991 for asst. yrs. 1987-88 and 1988-89. All these appeals involve consideration of the following identical grounds raised in these appeals : "1. On the facts and in the circumstances of the case the learned CIT(A) legally erred in upholding that the income from minimum guaranteed business profits under licence was assessable as income under the head "income from other sources" and not "income from business and profession". 2. On the facts and in the circumstances of the case the learned CIT(A), legally erred in rejecting the assessee's claim of depreciation on hotel building on considering the same as 'plant'. 3. The appellant reserves the right to add, alter, amend, delete or modify any ground or grounds of appeal either before or during the course of appeal." 2. The brief facts neces...

Degremont India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)59ITD423(Delhi)

1. This appeal is directed against the order passed by the learned CIT(A)-V, New Delhi, on 5th September, 1995 of asst. yr. 1992-93. The assessee has raised the following ground in this appeal : "That the CIT(A) erred on facts and in law in confirming the action of the AO in denying deduction under s. 80-I to the appellant on the ground that the appellant was not an "industrial undertaking engaged in production or manufacture of an article or thing." 2. The appellant company is an engineering company engaged in the business of designing, supply and installation of effluent treatment plant for treating the effluent to meet the discharge standards of Central/State Pollution Control Board as well as to achieve the quality of the treated effluent acceptable for reuse/recycle to the possible extent. The company submitted its return of income declaring taxable income of Rs. 1,61,83,313 on 30th December, 1992. The same was processed under s. 143(1)(a) in which the income was determined at Rs...

Oriental Building and Furnishing Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)53ITD198(Delhi)

1. The assessee is in appeal against separate orders of CIT(A)-XII, New Delhi dated 9-9-1992, 19-7-1993 and 20-7-1993 for the assessment years 1989-90 and 1990-91. As the three appeals involve common issues, the same are being decided by this composite order for the sake of convenience.2. The assessee-company filed the return of income on 30-12-1989 declaring a loss of Rs. 13.14,010. The Assessing Officer noted that the company was engaged in the business through its various units which were furnishing Division for manufacturing and sale of wooden furniture, Arms & Ammunitions Division for purchase and sale of arms and ammunition and Model Division for the manufacture of model items for the manufacture of wooden furniture. Apart from the said activities, the assessee-company owned various properties from which it earned rental income. The Assessing Officer further noted that two of the premises owned by the assessee were M-7and M-15, Connaught Circus, New Delhi and that the said p...

Indian Management Advisers and Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)51ITD566(Delhi)

1. These two appeals, one by the assessee and the other by the revenue for the assessment year 1990-91 are directed against order of CIT (Appeals)-I, New Delhi dated 22-12-1993. As common points are involved, these appeals were heard together and are being disposed of through this consolidated order.2. The first issue relates to disallowance of depreciation on bottles.The assessee-company in the relevant period carried production of Punching, binding and laminating machines and leasing business. It had claimed 100% depreciation on soft drink bottles which the company purchased from M/s Arizona Printers and Packers Ltd. and leased out to M/s Residency Food and Brewerages Ltd. vide Lease agreement dated 1-2-1990. The learned revenue authorities disallowed the claim mainly on the ground that these bottles were not put to use and, therefore, conditions of Section 32 of the Act were not satisfied. The CIT (Appeals) held that only 11 out of 50 trucks of bottles sent by the manufacturer (Sup...

income-tax Officer Vs. Philips Petroleum Co.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)27ITD277(Delhi)

1. These two departmental appeals are directed against common order passed by the Commissioner of Income-tax (Appeals) for the assessment years 1980-81 and 1981-82. The grounds in both the appeals are common.2. The assessee M/s.. Philips Petroleum Co. is a non-resident company having its registered office in Oklahoma in USA. This non-resident company had in the years 1960 to 1967 entered into various agreements with an Indian company, named as Phillips Carbon Black Ltd., by which the result of extensive research held on by the assessee-company relating to the manufacture of carbon black, particularly in the manufacture of carbon black from heavy hydrocarbon oils and had certain technical information, process, know-how and booklets. The assessee-company had granted Phillips carbon black licence to use in the Indian territory technical information relating to the furnace black process. The assessee-oompany had also agreed at that time to furnish to the Indian company certain written tec...

Oriental Fire and General Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)13ITD15(Delhi)

1. This second appeal is directed against the order dated 6-6-1983 passed by the Commissioner (Appeals) in respect of the assessment year 1975-76 and the grievance is that the IAC's action in rejecting the assessee's claim for interest payable by the Government under Section 244(1A) of the Income-tax Act, 1961 ('the Act'), on refunds of tax amounting to Rs. 16,73,362, has been wrongly upheld on the ground that there was no appeal provided remedying the situation under Section 246(1)(c) of the Act.2. The assessee- filed an appeal before the Commissioner (Appeals) against the order dated 27-1-1982 passed by the IAC giving effect to the order of the Tribunal, Delhi Bench 'E', in IT Appeal Nos. 1326 and 1554 (Delhi) of 1979 and 423 and 4071 (Delhi) of 1980, dated 30-11-1981, in which three contentions were raised as follows : (a) that the IAC erred in not allowing deduction of Rs. 3,21,570 in respect of entertainment expenses in recomputing the taxable income ; (b) that the appellant comp...