Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2005)94TTJ(Delhi)692
1. These appeals by the assessees are directed against orders of CITs refusing to register these assessees under Section 12A of the IT Act.2. All the applicants, i.e., Punjab State Agriculture Marketing Board, Haryana State Agricultural Marketing Board and various marketing committees at different places in Punjab, Haryana and Delhi were created under the Punjab Agricultural Produce Markets Act, 1961 (PAPMA). All the assessees were enjoying exemption from income-tax under Section 10(20) of IT Act which prior to its amendment by the Finance Act, 2002, w.e.f. 1st April, 2003, provided as under : "Section 10. In computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included-- (20) the income of a local authority which is chargeable under the head "Income from house property", "Capital gains" or "Income from other sources" or from a trade or business carried on by it which accrues or arises from the supply of a com...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2000)72ITD97(Delhi)
1. When these three appeals together with several other appeals of similar type were pending in the Tribunal all over the country, the Chief Commissioner of Income-tax III, Delhi, addressed a letter dated 14-8-1998 bringing to the notice of the President the pendency of several appeals, involving block assessment orders, filed by the assessee in which grounds/additional grounds were raised about the legality of the approval given by the Commissioners of Income-tax approving the block assessment orders. The main contention of the assessees in those cases is that the Commissioner is required by law to give an opportunity of hearing to the assessees before giving approval and it is also contended that the Commissioner is required by law to record his reasoning in writing while approving the order of the Assessing Officer. This issue is involved in almost all the block assessments all over the country numbering hundreds. There is a possibility of difference of opinion amongst different Be...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
1. ITA No. 163/Asr./2003 (assessment year 1998-99) is an appeal by the assessee - Tejinder Singh (HUF). It arises out of the assessment made on it under Section 143(3) of the Income-tax Act by order dated 27.3.2001. In this assessment order, an addition of Rs. 16,80,475/- was made under Section 168 of the Act. The amount represented sale proceeds of jewellery which had earlier been disclosed under the Voluntary Disclosure Income Scheme, 1997. The jewellery was shown to have been sold to M/s. Bishan Chand Mukesh Kumar, a firm of jewellers located in Delhi. The Assessing Officer disbelieved the sale and held that the assessee has adopted a device to introduce his own unaccounted income into the regular books. The addition was confirmed by the CIT (Appeals) and the assessee has come in further appeal before the Tribunal. The Hon'ble President took into account the recommendation of the Amritsar Bench of the Tribunal dated 18.12.2006 and also the fact that the matter was of public importa...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
G.P. Mittal, J. 1. These two writ petitions relate to the demonstration held at India Gate as a consequence of the brutal rape of a 23 year old paramedico student by six persons on 16.12.2012 and her subsequent death on account of the serious injuries inflicted on her person. A large number of persons from all walks of life joined the protest on 21.12.2012. Prohibitory orders under Section 144 of the Code of Criminal Procedure, 1973 (Cr.P.C.) were issued on 23.12.2012 at India Gate and Rajpath. Some of the protestors were so much enraged with the aforesaid incident that they indulged in rioting, pelting stones and causing injuries to police personnel and damaging public property. It was a hayday for some anti social elements who on the pretext of the protest against the apathy of the security agency indulged in instigating violence, arson, damaging of the public property and injury to public servants who were deployed for the safety and security of the general public as also the protes...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1985)13ITD108(Delhi)
1. These two appeals, one by the assessee and the other by the revenue, were heard together. They are disposed of by this common order.2. The assessee is a company engaged in the business of manufacture and sale of steel pipes. The accounting year ended on 31-3-1974. The method of accounting is mercantile.The first objection in this appeal by the revenue is that the Commissioner (Appeals) erred in holding that the claim of the assessee-company for deduction of liability amounting to Rs. 26,52,610 on account of increase in price of steel consumed was admissible and thereby deleting the said amount from the total income.4. Shri R.N. Dave, the departmental representative, took us through the facts of the case. We find that the facts are discussed in paragraph Nos. 2 to 2.4 of the Commissioner (Appeals)'s order. Briefly, the relevant facts were as follows.5. The assessee bought imported goods from Hindustan Steel Ltd. (HSL) at prices fixed from time to time by the Joint Plant Committee (J...
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...
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