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Showing 121 to 140 of 223 Records
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1989 (11) TMI 109 - ITAT MADRAS-A
Recognised Provident Fund ... ... ... ... ..... he requisite criteria are satisfied. The deductions claimed have to be allowed and we direct accordingly. 3. There is one other ground urged for the assessment year 1980-81, viz., that certain disallowances made invoking the provisions of sec. 37(3A) should be allowed. However, this ground was not pressed at the hearing. 4. For the assessment year 1981-82 there was a similar ground. It was stated that the question of disallowance of Rs. 6,107 u/s 37(3A) did not arise because the provisions itself stood omitted with effect from 1-4-1981. This is correct. The learned departmental representative pointed out that a rectification has already been made by the ITO. We would only direct that such a rectification is necessary because the CIT(A) had confirmed this disallowance, which I direct will now stand modified to conform to the rectification made. 5. In the result, the appeal for the first assessment year is allowed in part and the appeal for the second assessment year is allowed
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1989 (11) TMI 105 - ITAT JAIPUR
... ... ... ... ..... n, return for the relevant year of assessment was also filed. 2. Shri K.K. Boliya, learned Senior Departmental Representative appeared before us and relied on the orders of lower authorities, 3. We have heard the rival submissions in the light of material placed before us and decisions relied upon. The learned Sr. Departmental Representative failed to produce before us any cogent material to show that in view of the fact that the proper notice was issued on the assessee. It is palpable that the successor WTO failed to issue notices as required under the law. Since the order is votive of principles of natural justice, it is therefore not necessary to ponder over the points concerning the merits of the case. The penalty order is, therefore, lad in law. Respectfully following the decisions of Calcutta High Court and Allahabad High Court as referred to above, we hereby set aside the order of CWT(A) and direct the WTO to delete the penalty. 4. In the result, the appeal is allowed.
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1989 (11) TMI 103 - ITAT JAIPUR
... ... ... ... ..... and continuation of registration was allowed. There is no change in the constitution of the firm. The activities also remained the same. Therefore, there is no justification in refusing registration. 19. After hearing the rival submissions in my view, the authorities below have gone wrong in refusing continuation of registration especially when there is no change in the constitution of the firm and since 1973-74 the assessee has been treated as registered firm. In the result the view taken by the AAC is reversed. The continuation of registration is allowed and the ITO is directed accordingly. 20. Now the only issue remains for consideration is regarding interest charged under s. 139(8) and under s. 215 After hearing the rival submissions, I am of the view that it is a consequential ground. If any interest is due, as per these provisions and after giving effect to our order, interest can be charged, otherwise not. 21. In the result the appeal of the assessee is partly allowed.
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1989 (11) TMI 102 - ITAT JAIPUR
... ... ... ... ..... rding the silver in question. Therefore, the claim of the assessee cannot be denied merely for the reasons that octroi was paid on silver in Churun and the silver bars were standard silver bars. The assessee has explained that the silver bars were converted out of the old ornaments which were purchased by the assessee form different parties. That has also been reflected in the books of the assessee. While these details could not be controverted by any material by the Department, the addition on mere conjectures and surmises should not be sustained. Further the assessee has also brought on record evidence regarding purchase of a furnace, fire bricks and chemicals for melting, for converting silver ornaments into silver bars. Therefore, considering these facts and for the reasons given by the CIT(A) in his order, we do not find any infirmity with the view taken by the CIT(A) regarding deletion of addition of Rs. 1,53,808. 6. In the result the appeal of the Revenue is dismissed.
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1989 (11) TMI 100 - ITAT JAIPUR
... ... ... ... ..... o by the learned Departmental Representative CIT vs. Officer Incharge it is to be noted that their Lordships have clearly laid down in the said decision that the property was classified in the revenue records as agricultural land was not conclusive and such entries could raise only rebuttable presumption. In the instant case we find that the department had no material to rebut the presumption. Revenue records read with the residence produced transpires inter alia the real character of land. In our opinion, assessee discharged his onus by submitting the relevant papers. Department in consonance with the canons enunciated in the well-known common law doctrine incumbit probatio quidicit, non qui negat. The burden of proof lies upon one who alleges and not upon one who deny. We are, therefore, of the opinion that the land in question is agricultural land. In view of this finding it is not necessary to decide the other ground. 9. In result, the appeals of the assessee are allowed.
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1989 (11) TMI 99 - ITAT JABALPUR
... ... ... ... ..... e made before the amendment. On that basis, their Lordships had upheld the amendment as constitutional. In the present case before us, the situation is different. According to s. 15-B the deceased was required to pay the tax payable before furnishing the returns, therefore, the quantum of penalties should be determined on the basis of dates of filing the return, if the penalties impossible are less than that if the Amendment Act is taken into consideration vis a vis date of assessment. In these cases, the amendment, which is enforceable at the time of has enhanced the rate of penalty, therefore, the Amendment Act is not applicable and imposition of penalty on the basis of amended Act would be illegal, in view of SATWANT SINGH, case. We therefore uphold the decision of the AAC in this regard that penalties can only be imposed at 50 to the extent of the tax as maximum. 7. In the result the appeals of the department are dismissed and Cross objections of the assessee are allowed.
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1989 (11) TMI 98 - ITAT JABALPUR
... ... ... ... ..... elled to the Tribunal. The Tribunal came to hold that it was not a case of property having been omitted to be considered by the WTO. It hold that it was a case of claim of expressed exemption in respect of a property which was granted to it by the order of the WTO. The Tribunal held that on these facts it was a case of change of opinion by the AO and neither there was any failure on the part of the assessee to truly disclose all the primary facts or that any new information came to the possession of the WTO. The reassessment was held as invalid. The Revenue preferred reference and Their Lordships considering the facts as found by the Tribunal expressed the opinion that the decision of the Tribunal in the circumstances as existed was proper. 6. In the present case too, the facts are identical as were considered is the case of Shri Manilal Desai. We uphold the order of the AAC and accordingly the Revenue rsquo s appeals are dismissed and the cross-objections become infructuous.
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1989 (11) TMI 97 - ITAT DELHI-E
Advance Tax, Assessment Order, Assessment Year, Orders Passed, Tax Liability ... ... ... ... ..... it appears to be misconceived in so far as it is in the following terms whereas advance tax had been paid for that year prior to 31.3.75 in terms of the decision of the Hon ble Delhi High Court in National Agricultural Co-operative Marketing Federation of India Ltd. s case and so far as TDS and self-assessment were concerned, they having been paid after 31.3.1975, were not hit by the order of the learned Commissioner of Income-tax (Appeals) On the facts and in the circumstances of the case the learned CIT(A) erred in allowing the assessee s claim for interest u/s 244(1A) with regard to advance tax paid prior to 31.3.1975 but adjusted in an assessment made after the aforesaid date. Therefore, in whatever way the matter is looked at even for the assessment year 1975-76, we find no force in the department s appeal. 6. In the result ITA Nos. 998 and 999/Del./87 filed by the assessee are allowed whereas ITA Nos. 1187 to 1189/Del./87 filed by the department fail and are dismissed.
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1989 (11) TMI 96 - ITAT DELHI-E
Assessment Year, Development Allowance ... ... ... ... ..... of Kantilal and Co. where it was held that the utilisation of the facilities provided by the Government analysing department tantamounted to maintenance of laboratory or other facilities for quality control as contemplated under Rule 6AA. It had relied upon the earlier decision of the Appellate Tribunal in the case of Kothari Carpets v. ITO 1984 9 ITD 357 (AR.). In that case the Tribunal considered the provisions of sec. 35B(1)(b)(iv) where the expression maintain was used. It was held that in connection with an agency maintenance implied the keeping of the latter in working order or to carry it on. We in respectful agreement, give the said view. We accordingly hold that the Income-tax authorities were not at all justified in denying to the assessee the claim of sec. 35B with reference to the aforesaid amount. The weighted deduction claimed will now be allowed to the assessee in respect of the aforesaid amount of Rs.34,20,750. 16. In the result, the appeal is partly allowed.
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1989 (11) TMI 95 - ITAT DELHI-D
... ... ... ... ..... ffect of book entries in the books in regard to the assessee s claim of the immovable properties owned by the firms being thereafter treated as of the partners. In that decision, though a finding is given that relief under s. 5(1)(iv)is not available to the partners but the reason given is that the properties had continued to be that of the firm even after passing of the book entries. The question, whether s. 5(1)(iv) would be available either in the hands of the firm or in the hands of the partners separately was not specifically considered in that case. 7. Thus, we come back to the same position viz. that the Special Benches of the Tribunal have taken a view which is in favour of the assessee. Further, Tribunal in assessee s, own cases for the preceding years have taken a view in favour of the assessee. In our opinion, there is no decision subsequently reported on whose basis we should feel persuaded to take a different view. 8. Department s all the 8 appeals are dismissed.
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1989 (11) TMI 94 - ITAT DELHI-D
... ... ... ... ..... nd Haryana High Court ruling in CIT vs. MOHAN MEAKIN BREWERIES LTD. (1979) 11 CTR (HP) 52 (1980) 122 ITR 203 (HP). The learned Departmental Representative conceded that the revenue desires to keep the issue alive. The counsel only supported the order of the CIT(A). 21.1 On this issue, our considered view is that the internal telephone system having been found installed in the factory, it is clearly a plant for the efficient working of the factory and the ruling applied by the CIT(A) of the Himachal Pradesh High Court is squarely on the point and we have only to uphold the order of the CIT(A), which we do. 22. The last of the objection by the revenue is related to the direction given for checking of the calculation of depreciation afresh and then allow, and since the direction is limited to checking of the calculations for removing of any mistakes, we see no merit on this ground of the revenue and is accordingly rejected. 23. In the result both the appeals are allowed in part.
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1989 (11) TMI 93 - ITAT DELHI-D
Assessment Year, Immovable Property, Movable Property, Reference To Valuation Officer, Rule 1BB
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1989 (11) TMI 92 - ITAT DELHI-C
Accounting Year, Assessment Order, Export Business, Orders Prejudicial To Interests ... ... ... ... ..... side an assessment on a point simply because on other issues he has decided to set aside the matter to the assessing officer. The Commissioner has not recorded a finding that the order of the assessing officer allowing deduction in respect of the expenditure incurred on payment of sponsorship fee is erroneous and prejudicial to the interest of revenue. Therefore, so far as this point is concerned, the order of the Commissioner cannot be sustained and has to be quashed. 24. For the foregoing reasons we partly confirm the impugned order of the Commissioner passed under section 263 holding that coriander, garlic and chillies are agricultural primary commodities, not being produce of plantations and, therefore, deduction under section 80HHC cannot be allowed in respect of these three commodities. The rest of the impugned order of the Commissioner on all other points as discussed above, is cancelled. 25. In the result, the appeal stands allowed partly to the extent indicated above
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1989 (11) TMI 91 - ITAT DELHI-B
... ... ... ... ..... re back the issue to the file of the WTO whereas in respect of rent capitalisation method adopted by the CIT (A) for valuation ofMarinaHotelbuilding confirm his action. What survives for our consideration is assessee rsquo s appeal for the asst. yrs. 1981-82. 13. The first dispute pertains to multiplier of 16.25 adopted by the CIT (A). Like assessment year, 1980-81, for this year as well, we direct the multiplier of 11 percent adopted by the WTO while working out the value ofMarinaHotelbuilding. 14. The second dispute pertains to valuation of accumulated rents lying in court in dispute. The valuation of the same, we direct, to be taken at 80 15. In the result, assessee rsquo s appeal for the year 1975-76 is treated as partly allowed. For statistical purposes and for the years 1980-81 and 1981-82 these are partly allowed. Revenue, appeal for the asst. yrs. 1975-76 is dismissed while that of asst. yrs. 1980-81 and 1981-82 are treated as partly allowed, for statistical purposes.
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1989 (11) TMI 90 - ITAT DELHI-B
... ... ... ... ..... and the assessee company are following different accounting periods and different system of accounting. This aspect has also got to be seen by the IAC(Asst.) while re-adjudicating this issue do novo. Undoubtedly the amount of commission is contended to be in respect of certain transactions I respect of earlier years but about facts there should be no dispute. The confirmatory letters and permanent account numbers may be submitted before the IAC(Asst.) who would re-adjudicate the issue de novo after verifying the same and giving full opportunity to the assessee. 21. Since we have restored back this matter to the file to the IAC(Asst.), in respect of both the issue pertaining to commission as above said we are intentionally avoiding dealing with the case laws cited by both the sides because the same have become academic as the facts are yet to be verified. 22. In the result Revenue rsquo s appeal stands dismissed and that of the assessee stands allows for statistical purposes.
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1989 (11) TMI 89 - ITAT DELHI-B
Assessment Year, Business Expenditure, Capital Or Revenue Expenditure, Development Allowance, Expenditure Incurred, Insurance Company, Remuneration Paid To Directors, Travelling Expenses, Wholly And Exclusively
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1989 (11) TMI 88 - ITAT DELHI-B
Expenditure On Sales Promotion, Purchase Price, Sales Promotion Expenses, Unexplained Investments
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1989 (11) TMI 87 - ITAT CUTTACK
... ... ... ... ..... found out from the contentions made on his behalf. Therefore, according to him the appellant deserves to succeed. 18. I have examined the penalty orders as well as the order of the CIT(A). I have considered the arguments advanced on behalf of both the parties. I have taken into account the case law cited by the learned Advocate, Sri D.K. Sheth as well as the Departmental Representative, Sri. S.C. Kanungo, I have given my reasons wherever necessary while discussing the facts and interpreting the penalty orders and the CIT(A) s order. I am of the opinion that the admission of income does not mean that one should jump to penalise the assessee. The admission also requires to be considered fairly and judiciously. By taking into consideration the admission of the appellant in that light the penalties levied by the ITO and confirmed by the CIT(A) require to be cancelled. 19. In the result, the appellant succeeds and the appeals are allowed. The penalities are accordingly cancelled.
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1989 (11) TMI 86 - ITAT CUTTACK
... ... ... ... ..... tion was an error apparent from record. Hence it cannot be said that these decisions consciously depart from or desist from following the decision of the High Court in (1988) 173 ITR 708 (AP). The option is either to refer the matter to Special Bench or to let the status quo of following the law as laid down by the High Court remain until the matter is reconsidered by the High Court itself. I am told many references are pending in the High Court against similar orders of the Tribunal and it would, therefore, be more appropriate as a matter of judicial discipline to leave it to the High Court to decide whether the Explanation makes any difference to the situation and for the present, decide the cases in accordance with the decision of the High Court as it is not clearly shown to be no longer binding, particularly in the context of the law laid down by the Supreme Court. In the circumstances, the disallowance made by the ITO is deleted. 8. In the result, the appeal is allowed.
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1989 (11) TMI 85 - ITAT CUTTACK
... ... ... ... ..... ant of registration for the asst. yr. 1981-82 was under consideration. The AAC found the firm genuine and form no. 12 as proper for the assessment year under appeal and, therefore, he has directed to grant registration. That does not mean the ITO is not at liberty to consider the registration of the firm separately for the asst. yr. 1980-81. If the firm is found not genuine for the asst. yr. 1980-81 the form No. 12 is not filed or there is any defect in the constitution of the firm there registration can be refused The facts prevailing for the asst. yr. 1981-82 does not mean that those facts are applicable for the assessment year. Under appeal also the facts every assessment year can be different. Therefore, I am unable to agree with the learned Departmental- Representative that the registration should not have been granted because the grant of registration for the asst. yr. 1981-82 is still under consideration. 4. In the result the Revenue fails and the appeal is dismissed.
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