Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2004)89ITD259(Delhi)
1. The instant miscellaneous application u/s. 254(2) of the Income Tax Act, 1961 has been filed by the applicant / assessee against the order of I.T.A.T. dated 13.3.2002 passed by the learned Vice President of I.T.A.T as Third Member and consequent order of I.T.A.T. Bench 'D', New Delhi dated 31.3.2002 which was passed for giving effect to the order of the learned Third Member.2. Shri P.N. Monga and Shri. Manu Monga appeared for the applicant whereas Shri. B. L. Kardam, Ld. Sr. D.R. represented the Department.3. The assessee moved this miscellaneous application on 17.5.2000 against the order of I.T.A.T. It also filed appeal against the order of the Tribunal before the Hon'ble High Court, Delhi and the Hon'ble High Court vide order dated 17.1.2004 directed I.T.A.T., Delhi Bench 'D' to dispose off the miscellaneous application. Since the appeal was heard by learned Third Member, the Hon'ble President of I.T.A.T. constituted a Special Bench for the hearing and disposal of the present mis...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2002)81ITD553(Ahd.)
1. These cross appeals; one by the assessee and the other by the Revenue are directed against the order dated 28-10-1999 passed by the learned CIT(A)-I, Surat for assessment year 1995-96. The assessee has also submitted Cross Objection in relation to the appeal submitted by the Revenue. ' 2. We first deal with the assessee's appeal being ITA No. 35/Ahd./2000 for assessment year 1995-96. Ground No. 1 raised by the assessee is reproduced below :- 1.1 On the facts and in the circumstances of the case and in law, the Commissioner of Income-tax erred in upholding the action of the Assessing Officer in including in the total income, advance licence benefit receivable amounting to Rs. 8,29,87,603. 1.2 In doing so, the Commissioner of Income-tax (Appeals) erred in the following respects : (a) In not appreciating the fact that no income had accrued to the appellant until the imports were made and the raw materials were consumed, which events took place in the subsequent years; (b) In relying o...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2008)111ITD112(Delhi)
1. This Special Bench has been constituted u/s. 255(3) to dispose of the appeals filed in the case of M/s. Amway India Enterprises and M/s.SQL Star International Ltd., as well as to dispose of the following important questions which are involved therein: (i) Whether, in the facts and circumstances of the case, the expenditure incurred by the assessee on account of computer software is of revenue nature or capital nature? (ii) If the expenditure incurred on computer software is held to be of capital nature, what would be the rate of depreciation applicable thereon? 2. The factual backdrop which has given rise to the constitution of this Special Bench can be briefly summarized as follows. In the case of M/s Amway India Enterprises, a deduction on account of software expenditure incurred amounting to Rs. 20,04,105/- was claimed by the assessee company in its return of income filed for A.Y. 2001-2002. The said expenditure was claimed to be incurred by the assessee company for acquiring th...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1999)69ITD115(JP.)
1. This is an appeal filed by the assessee directed against the order of the CIT(A), Jaipur dated 11-3-97. The appellant has taken the following grounds in this appeal :- 1. That on the facts and in the totality of the circumstances and material available the learned Commissioner of Income-tax (Appeals) has erred in law as well as on facts in holding that the lumpsum Technical know-how fees of USD 250 lacs and basic Process Engg. Documentation fees of USD 35 lacs were in the nature of 'royalty' under Article 13(3) of the Double Taxation Avoidance Agreement (DTAA) between India and Italy without appreciating that the consideration of USD 250 lacs and USD 35 lacs are for acquiring technical know-how and Basic Process Engg. Documentation and are not the consideration for the use of or right to use such know-how and Basic Process Engg. Documentation. 2. That on the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) has erred in law as well as on f...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (1992)42ITD187(Mad.)
1. These five appeals by the assessee were heard together and are disposed of by a common order for the sake of convenience.2. The assessee before us, M/s Nodit Limited (formerly M/s. Don International Ltd.), is a non-resident company assessed to Indian income-tax. It is wholly owned by Cape Industhes. The said group specialises, inter alia in the manufacture and supply of fraction materials and components to the Automotive Industry in the United Kingdom and outside.M/s. Rane Brake Linings Ltd. (RBL for short) is an Indian company which makes and markets brake linings. For the purposes of the said manufacturing activity, RBL entered into a collaboration agreement with the non-resident company as far back as in July 1965. The details of the said agreement need not detain us here. Suffice it to note that the said agreement was initially in force for a period of ten years from 1-7-1965. The period of its currency was extended for another five years, that is to say, up to 30-6-1980.3. Sub...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2003)81TTJ(Delhi)319
1. This miscellaneous petition for rectification of mistakes apparent from record under Section 254(2) of the IT Act, arising out of order dt. 24th Aug., 2001, in ITA No. 842/DeI/2000 for asst, yr. 1997-98 is moved by the appellant. The misc. petition contains 56 pages in all.Therefore, on 4th Jan., 2002, when the case was first fixed for hearing, assessee was directed to file brief to the point and precise of mistakes claimed to be on the face of record arising from the order passed by the Tribunal. On 1st Feb., 2002, learned authorised representative filed a summary of the main application narrating therein 30 mistakes from the order. The case was partly heard and adjourned to 4th Feb., 2002 and again on 6th Feb., 2002.2. Learned authorised representative arguing on behalf of the assessee submitted that the order requires to be recalled for de novo disposal for ground Nos. 8, 9 and 10 have not been disposed of and that norms of natural justice have been violated and further that rel...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (2006)103ITD324(Bang.)
1. All the appeals by assessee are directed against various orders of learned Commissioner of Income-tax (Appeals)-IV, Bangalore dated, 18-3-2004, 23-3-2004, 31-3-2004, 29-6-2004 and 23-9-2004 in the appeals filed under Section 248 of the Income-tax Act, 1961 ('the Act'). The assessee filed the appeals under Section 248 denying his liability to deduct tax under Section 195 in respect of payment made for purchase of software from various concerns abroad.2. Since the appeals before learned CIT(A) were filed under Section 248 of the Act, there is no finding of the Assessing Officer available on the issue. However, the Assessing Officer on earlier occasion has held that the assessee as the 'assessee in default' under Section 201 for failure to deduct tax on similar payments. Learned CIT(A) by order dated 27-2-2004 has confirmed the action of Assessing Officer. The assessee challenged the order of learned CIT(A) dated 27-2-2004 before this Tribunal. The Tribunal by its order in ITA Nos. 86...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2008)299ITR175(Delhi)
1. This appeal by the taxpayer for the AY 2004-05 is directed against the order of Commissioner of Income-tax (CIT) partially setting aside assessment under Section 263 of IT. Act made vide order dated 30 March, 2005 with directions to the Assessing Officer for the fresh determination of Arm's Length Price of international transaction with AEs in the light of his directions.2. The facts of the case are that the taxpayer is a multinational company carrying on the business of manufacture and sale of pharmaceutical products as one of the leading concerns in India. It submitted its return disclosing income of Rs. 3,30,64,05,014 for Asstt.Year 2004-05 (F.A. 2003-04). The taxpayer admittedly carried international transactions worth Rs. 1435,03,46,825 to which provision of transfer pricing was attracted in the relevant year. This figure was disclosed in the audit report filed in Form 3CEB along with the Return.A copy of said report is available at page 1-14 of the paper book of the taxpayer ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2007)111TTJ(Delhi)187
1. These three appeals filed by the assessees belonging to one group are direct appeals filed against three separate orders passed by the Assessing Officer Under Section 158BC for the block period and since some common issues are involved therein, the same are being disposed of by this single consolidated order.2. The relevant facts of the case giving rise to these appeals are that a search and seizure operation was conducted in the cases belonging to the group of M/s P.P. Jewellers including all the following three assessees in the present case:Status : Private limited companyDirectors : (i) Shri Pawan Gupta, R/o A-13, C.C. Colony, New Delhi, R/o BD-23, Vishakha Enclave, Pitampura, Delhi.Address : 2708, Bank Street, Karol Bagh, New Delhi (ground floor).Nature of business : Trading in gold, silver and precious stones and manufacturing of ornaments on job work basis against theStatus : Partnership firm.Partners : Shri Kamal Gupta - 75% Smt. Ratan Devi - 25%Address : 1178, Kucha Mahajan...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2000)72ITD155(Mum.)
1. The appellant, Smt. Rajrani Gupta, runs a sex and health clinic named "M/s Kayakalp International" and a beauty clinic named "Monalisa". Her husband, Dr. Sohanlal Gupta, is a dental surgeon. Her son, Dr. Arunkumar Gupta, is also a qualified doctor, being a Bachelor of Ayurvedic Medicines & Surgery (B.A.M.S.). Her daughter-in-law, Dr.Renu Gupta, is also a qualified doctor and has the same qualifications as that of her husband, Dr. Arunkumar Gupta. There is another entity called "Dr. Sohanlal Gupta (HUF)" in which all the abovementioned persons are members. The entire family was residing at Bathinda, Punjab, upto mid-July 1991. Because of the terrorist activity in the State of Punjab, they moved to Bombay in 1991, where the appellant has been running the aforesaid sex and health and beauty clinics. Her family members have also been working with her as salaried employees.She has set up three branches of her sex and health clinic in Mumbai.The first one was set up at Borivali in 19...
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