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Case Laws
Showing 161 to 180 of 249 Records
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1984 (1) TMI 90 - ITAT BOMBAY-A
Capital Gains, Deduction In Respect ... ... ... ... ..... e place on terms settled between the parties. However, it does not, itself, create any interest in or charge on such a property. The case before us is not a case of simple contract for the sale or the purchase. In this case, the consideration to the extent of Rs. 65,502.50 as against the total sale consideration of Rs. 65,940 had already passed. It is true that the office premises were not ready as such and the assessee had not taken possession of it before the sale. All the same, the land was very much there and the construction of the building was nearly complete, if not complete. In this view of the matter, it is not possible to accept that the contract of sale herein did not refer to a capital asset involving any rights in buildings or lands. Accordingly, we hold that the capital assets in this case amounts to a right in the office premises, i.e., buildings, and, therefore, covered by clause (i) of sub-section (b) of section 80T. 5. In the result, the appeal is dismissed.
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1984 (1) TMI 89 - ITAT BOMBAY-A
Development Allowance, Weighted Deduction ... ... ... ... ..... inguish the facts of the present case from the decision in the case of Indian Overseas Bank. No authority, either the ITO or the Commissioner (Appeals), seems to have looked into these facts, which are being pleaded before us for the first time. In the interests of justice, we consider it fair and proper to set aside the order of the Commissioner (Appeals) on this point and restore the matter to his file for fresh disposal in accordance with law after giving reasonable opportunities both to the assessee-bank and to the ITO, to substantiate their respective stands in respect of the weighted deduction that is to be allowed under section 35B in respect of each item of expenditure after making a fair apportionment of the expenses relating to the maintenance of the foreign branch for the purpose of promoting the sale of the services outside India. 26. In the result, both the appeals filed by the revenue and the assessee shall be treated as partly allowed, for statistical purposes.
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1984 (1) TMI 88 - ITAT BANGALORE
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... ... ..... ffect separation in status. In the same decision they have referred to a Full Bench decision of the same Court in Kanna Reddy vs. Venkata Raddy AIR 1965 AP 274 (FB). After referring to that decision it was observed as under As pointed out by the Full Bench of this Court in Kannna Reddy vs. Venkata Reddy AIT 1965 AP 274 (FB) an unregistered document cannot be relied upon to prove the terms of disposition of property embodied in that document and the bar is only to that extent an and it will not preclude the party to prove physical partition by other evidence..... Thus, the AAC ought to have considered this aspect. Since all these aspects have not been looked into, we think it proper to remit the matter to his file for fresh consideration. Thus, we set aside the order of the AAC and remit these matters to his file for fresh consideration in accordance with law. 5. In the result. the appeals are treated as allowed for statistical purposes and the cross objections are dismissed.
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1984 (1) TMI 87 - ITAT BANGALORE
Fees For Technical Services, Foreign Company, Indian Company, Travelling Expenses ... ... ... ... ..... reign company, whether they accrue or arise directly in India or deemed to accrue or arise in India by virtue of section 9, are to be computed under section 44D. But what is technical service is defined in section 9. The definition of technical services provided under section 9 will apply in both cases and, consequently, the restrictions under section 44D. We, accordingly, reject the contentions of the learned counsel for the assessee in this behalf. 6. The learned counsel for the assessee submitted that the interpretation that we are placing on section 44D would result in a lot of hardship particularly in cases of foreign banks having branches in India and carrying on consultancy business. The possible repercussions in other cases cannot be a ground for interpreting section 44D contrary to the plain meaning of the wordings employed in that section. We, accordingly, reject the arguments advanced by the learned counsel for the assessee. 7. The assessee s appeals are dismissed.
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1984 (1) TMI 86 - ITAT ALLAHABAD-A
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... ... ..... ed the office of the ITO and had recorded his name in the Visitors Register. The Visitors Register is supposed to be kept in the custody and supervision of the ITO. It could not have been approached without the consent of his staff or at least the peon. this, therefore, proves that the representative did attend the office of the ITO. It is possible that the might have left either for lunch or for some other urge. it was, therefore, necessary for the ITO to wait till return of inform the assessee accordingly. Having not done that, he was not entitled to complete the assessments ex-parte. We, therefore, direct the ITO to re-open the assessments of both the assessment years and proceed to make fresh assessments in accordance with law. 6. In the view, we have taken above, we hold that the appeals against the quantum assessments being ITA. Nos. 1494 and 1496 (All). 1982 have become infructuous and are deemed to have been allowed. 7. In the result, the all the appeals are allowed.
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1984 (1) TMI 85 - ITAT ALLAHABAD-A
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... ... ..... ening of the assessments nor the addition of the income after the re-opening of the assessments can be successfully disputed by the assessee. It is also relevant to notice that the decision in the aforesaid case of Madho Prasad was confirmed by a Full Bench of the Hon ble Allahabad High Court in the case of Sahu Govind Prasad vs. CIT (1984) 34 CTR (All) 297 (FB) (1983) 144 ITR 851 (All) (FB). In that decision, the Hon ble Allahabad High Court had also held that the fact that the Hon ble Supreme Court dismissed the Special Leave Petition of the Department against the decision of CIT vs. Sanka Sankaraiah 1978 CTR (AP) 24 (1978) 113 ITR 313 (AP) decided by the Andhra Pradesh High Court in which a contrary view was taken, did not amount to the decision of the Hon ble Supreme Court itself. The order in respect of the asst. yr. 1978-79 is also upheld for the same reason. Accordingly, we find no force in these appeals, which must fail and be dismissed. 5. The appeals are dismissed.
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1984 (1) TMI 84 - ITAT ALLAHABAD-A
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... ... ..... ITO on 3rd Sep, 1981 saying that they had only taken Rs. 2000. The amount is said to have been paid to Shri Subhash Kumar Maroo on 5th Dec, 1978 and to Shri Rajendra Kumar Maroo on 13th Nov, 1978. However, there is a receipt dt. 14th Mar, 1980 of Shri Rajendra Kumar Maroo saying that he had received Rs. 3657.70 as balance of his commission account but even though this receipt is dt. 14th Mar, 1980 whereas the affidavit is dt. 3rd Nov, 1981, it does not make any mention of the payment of Rs. 3657.70. So far as Shri Subhash Kumar Maroo is concerned, there is no receipt nor any case of the assessee that any payment was made to him in the assessment year in question. On the basis of these facts payment of commission to these commission agents over and above Rs. 2,000 each not having been established, there is no justification or warrant for any interference with the orders of the income-tax authorities. 12. In the result, the appeal filed by the assessee fails and is dismissed.
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1984 (1) TMI 83 - ITAT ALLAHABAD-A
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... ... ..... ate cannot be accepted by the department as ultimately that would affect the normally accepted gross profit. Here also, therefore, we direct the ITO to collect the comparative rates of scrap from the various markets and then apply reasonable rate to the sales made by the assessee or to the sales which are ultimately found to be not accounted for by the assessee. We may observe that merely because the assessee is in possession of sale vouchers is no ground to hold that the sales have actually taken place at that rate. The phenomenon of charging on money and preparing a bill at a lower rate is not uncommon in the market. With these observations we set aside the orders of the lower authorities and restore the matter back to the file of the ITO. We are resorting to this course as we are have repercussion not only in this case in future but also in similar other cases and it would be difficult to modify the findings subsequently. 10. In the result, the appeals are partly allowed.
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1984 (1) TMI 82 - ITAT ALLAHABAD-A
Penalty, For Concealment Of Income ... ... ... ... ..... isputes. It is in that context that it was held that the levy of penalty was not valid. In the case of Devandas Perumal and Co. and the case of Jeewandas Gyanchand the proposition was recognised by the Hon ble Bombay High Court and the Madhya Pradesh High Court that the mere factum of the ITO, having estimated the net profit at a figure higher than what was disclosed, was not conclusive for establishing that the failure to return the correct income arose out of fraud or gross or wilful neglect of the assessee. Viewed in this context and looking to the entire facts and circumstances, therefore, we are clearly of the view that the fact that the assessee had agreed to the addition of Rs. 35,000 to the trading results did not amount to any concealment of income or of any particulars thereof and that no penalty was imposable under section 271(1)(c) with reference thereto. Accordingly, the penalty deserves to be deleted. We hold accordingly. 6. In the result, the appeal is allowed.
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1984 (1) TMI 81 - ITAT AHMEDABAD-C
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... ... ..... erefore there was lack of co-ordination. Secondly since the case of the firm was with the same ITO it can well be said that the assessee could not have hoped to cancel from the Department the fact that he was having shares income from that firm. In this connection of Orissa High Court in the case of CWT vs. Ramniklal D. Mehta (1982) 28 CTR (Ori) 69 (1982) 136 ITR 729 (Ori) had made similar observations reported at page 732. It is true that the assessee could have noticed from his assessment orders that the share income from one of the firms has not been taken to account but we also know that many assessment do not read the assessment order and they could only be interested in finding out whether they have anything to any as a result thereof and may make this enquiry only from the ITPs, For all these reasons we are of the view that the assessee ought to have the benefit of doubt regarding proof of Mens rea in the case. We therefore, delete the penalties and allow the appeals.
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1984 (1) TMI 80 - ITAT AHMEDABAD-B
Advance Tax, Interest Payable By Assessee ... ... ... ... ..... dvance tax due and payable, section 214 was clearly attracted and interest became payable. Drawing analogy from the above decision, we are of the opinion that provisions of sections 211 and 215 were substantially complied with, the payments were in the nature of advance tax instalments to be considered while considering provisions of section 215. 9. We hold that aggregate amount of instalments paid during the financial year should be taken as payments by way of advance tax irrespective of the dates on which they are paid and accordingly, hold that the assessee had paid more than 75 per cent of the assessed tax and, therefore, direct the ITO to allow the rectification of assessment and delete the interest wrongly charged under section 215. 10. Since we are deciding the appeal on merits, we are not dealing with the aspect of challenging the validity of the order levying interest under section 215. 11. In the result, the appeal is allowed. The assessee gets relief of Rs. 18,584.
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1984 (1) TMI 79 - ITAT AHMEDABAD-A
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... ... ..... ons would have contained in an earlier agreement and we are unable to find that MICO had never insisted upon the assessee that it would like to enter into an agreement with a firm and not with the assessee in his individual capacity. Pages 23 to 26 and 29 of the Paper Book on the contrary, clearly show that MICO had agreed to the proposal of the assessee to, make your firm as a proprietary one . We would wish that before placing reliance on such documents, proper care should be taken as even though the documents are irrelevant, we have to give our comments thereon. In our opinion the provisions of s. 64(1)(i) of the Act are very clear and unambiguous and, therefore, the IT Authorities were fully justified in including Rs. 8,858 in the total income of the assessee. In order to construe on the provisions of that section we are not to be guided by what the purpose was or under what condition a partner has been taken into the business. 14. In the result, the appeal is dismissed.
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1984 (1) TMI 78 - ITAT AHMEDABAD-A
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... ... ..... purposes and no driver was engaged. On the other hand, the ld. departmental representative submitted that personal use of the car cannot be ruled out. 9. We have heard the rival submissions. In our view, 1/5th disallowance will meet the ends of justice on expenditure as well as on depreciation of the car. 10. The last ground for our consideration is whether the CIT(A) has erred in law and on facts in confirming the disallowance of Rs. 1000 out of business expenditure. The submission of the ld. counsel for the assessee Shri Divatia was that considering the total income of the assessee the expenditure is in conformity with the provisions of s. 37(2A) of the Act and no disallowance should be made. 11. We have heard the rival submissions and considered the material on record. The total income of the assessee is Rs. 5,96,781. Therefore, considering this total income and provisions of s. 37(2A), we allow the claim of the assessee. 12. In the result, the appeal is allowed in part.
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1984 (1) TMI 77 - ITAT AHMEDABAD-A
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... ... ..... uthorities below and contended that the assessee had sufficient time as his accounting period had ended on 2nd Nov., 1967. He accordingly submitted that the order of the CIT should be upheld. 6. We have carefully examined the various facts and the arguments. We cannot say that there was no reasonable cause for not filing the return after 30th Sept., 1968 merely because the ITO rejected the application for time under a letter dt. 12th Oct., 1968. There is sufficient evidence to indicate that atleast from 1st Oct., 1968 the assessee was straining every nerve to re-construct his records and had no motive in delaying the return. We fully realise the difficulties of a tax payer whose original records were substantially damaged on account of floods. We are of the opinion that the entire period from the due date to the date of actual filing of the return should be held to be on account of reasonable cause. Accordingly, we cancel the penalty. 7. In the result, the appeal is allowed.
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1984 (1) TMI 76 - ITAT AHMEDABAD-A
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... ... ..... e considered as allowable under s. 37 or not. Actually however the agreements, the bills and other evidence indicant that the agents did execute orders of substantial amount and did earn for the assessee firm profits through such orders. The agents did have substantive experience and were rightly considered more trust-worthy than others. the agents too have paid the tax on the receipts. From the facts given in letters dt. 7th June, 1980 and 5th Aug., 1980, which cannot be disputed, we do not see any extra commercial motive consideration in the payments. It would not be proper for the IT Department to tell the assessee how exactly to carry on its business by substituting its own subjective opinion without comparable case data about the reasonableness of the payments made. We old that entire payments in question were laid out wholly from business point of view and that there is no element embedded in them calling for any disallowance. 9. In the result, the appeals are allowed.
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1984 (1) TMI 75 - ITAT AHMEDABAD-A
Investment Allowance, Whether Assessee ... ... ... ... ..... ideration is in respect of investment allowance. We find common words in both the sections, i.e., section 32A and section 33 of the Act. These are new machineries or plant other than office appliances or road transport vehicles. The similar is the language of section 32A, i.e., no deduction shall be allowed in respect of... in office appliances or road transport vehicles. Therefore, so far as the road transport vehicles are concerned, the wording is just identical and their Lordships of the Calcutta High Court have taken the view that road transport vehicle does not include tractors and dumpers, bulldozers, etc. Therefore, following the decision of their Lordships of the Calcutta High Court and the circular of the CBDT referred to by the Calcutta High Court at page 437 of the reports, we are of the view that tractors and trailers are eligible for investment allowance in view of the facts of this case. 7 to 12. These paras are not reproduced here as they involve minor issues .
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1984 (1) TMI 74 - ITAT AHMEDABAD-A
Charitable Trust, Discretionary Trust ... ... ... ... ..... ction 21 and not in respect of the assessment framed under sub-section (1A) of section 21. If the Legislature wanted to withdraw the exemption even under sub-section (1A) of section 21, provisions similar to Explanation 2 to sub-section (4) of section 21 would have found place after sub-section (1A) of section 21 or the alternative sub-section (1A) should have been mentioned in the said Explanation. In the absence of this, we are of the view that once the assessment is to be framed under sub-section (1A) of section 21 the assessee would be entitled to claim exemption under section 5(1)(xxiii) in respect of the shares held by it. 13. In this view of the matter, we set aside the orders of the wealth-tax authorities and restore the case once more to the file of the WTO with a direction to frame assessments afresh in the light of our aforesaid decision and after giving an opportunity of being heard to the assessee in this regard. 14. In the result, the appeals are partly allowed.
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1984 (1) TMI 73 - HIGH COURT OF JUDICATURE AT BOMBAY
Customs - Penalty - Short landing ... ... ... ... ..... it. 10. In this view of the matter the orders of the Assistant/Deputy Collector of Customs under Section 116 and the orders in appeal therefrom are quashed and set aside. Each of the matters is remanded to the Assistant or Deputy Collector of Customs for determination of whether the petitioners therein have satisfactorily accounted for the deficiency. In arriving at such determination, the authorities shall take into account the ullage reports submitted by the petitioners. 11. Rules accordingly. No order as to costs. 12. In Writ Petition No. 602 of 1979 the petitioners have furnished a bank guarantee pursuant to an interim order of this court. It shall be kept alive until the order under Section 116 is passed afresh. In the other three petitions the penalties ordered have already been paid. In the event of the petitioners therein succeeding either before the Assistant/Deputy Collector of Customs under Section 116 or in appeal, the amounts of the penalties shall be refunded.
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1984 (1) TMI 72 - HIGH COURT OF JUDICATURE AT BOMBAY
Roofing - Corrugated roofing - Classification of goods ... ... ... ... ..... or Excise Tariff. There is no evidence before us to show as to whether in trade parlance articles containing mixtures of plastic and fibre glass were regarded as plastic articles or something else. This contention must also be, therefore, rejected. 13. Before parting with the matter, we would, however, like to make one thing clear. What we have stated above makes it clear that the appellants have failed to lead the necessary evidence regarding commercial parlance and also some other evidence, which was certainly relevant. If any assessment proceedings are still pending, this judgment will not preclude the appellants from leading evidence in such assessment proceedings to show as to how the aforesaid roofings manufactured by them were regarded in commercial parlance and also lead such other evidence as they might be permitted to do. 13. In the result the appeal fails and is dismissed. Looking to all the facts and circumstances of the case, there will be no order as to costs.
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1984 (1) TMI 71 - HIGH COURT OF JUDICATURE AT BOMBAY
Food products - Precedent ... ... ... ... ..... te Collector could have had samples drawn and a report made. He chose not to do so and passed the appellate order holding that the petitioners flavouring agents were entitled to the benefit of exemption under the notification. The Excise authorities could have carried the matter in revision to the Central Government but chose not to do so. In these circumstances, the finding of the Appellate Collector binds the Excise authorities. Since Mr. Bulchandani submitted that it could not bind them for all time, I clarify that the Excise authorities are indeed so bound by an order of the Appellate Collector, unless reversed or set aside. No mere Superintendent of Central Excise can decide that an order of an Appellate Collector was based on a wrong premise or was wrong and act contrary to it. 6. The petition is, accordingly, allowed. The letters dated 30th April 1979 and 1st May 1979 and the show cause notice dated 25th May 1979 are quashed and set aside. Rule accordingly, with costs
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