|
Advanced Search Options
Case Laws
Showing 341 to 360 of 492 Records
-
1998 (2) TMI 153 - ITAT COCHIN
Prima Facie Adjustments ... ... ... ... ..... o be made. This proposition does not appear correct because when a claim is made it should be supported by evidence. He has placed reliance on the Calcutta High Court decision mentioned, the decision of the Punjab and Haryana High Court in the case of Smt. Harbans Kaur v. ITO 1993 204 ITR 685 p. 687, Delhi High Court decision in the case of SRF Charitable Trust v. Union of India 1992 193 ITR 95 and Bombay High Court decision in Khalau Junkar Ltd. v. K.S. Pathania 1996 196 ITR 55/61 Taxman 157. However, these decisions are not fully on the point involved in this appeal. Even at this stage no evidence for payment as required under section 43B was produced. 9. In view of what is stated in the foregoing paragraphs, we are of the opinion that the relief of Rs. 5,44,062 given by the CIT(Appeals) and another relief of Rs. 55,102 out of the additional tax of Rs. 55,529 is not correct and cannot be upheld. 10. In this view of the matter, the revenue succeeds and the appeal is allowed.
-
1998 (2) TMI 152 - ITAT CHANDIGARH
Addition To Income ... ... ... ... ..... ation and if anything emerges he would confront the assessee and ask it to explain. Even the further argument that the assessee had not asked for any opportunity but which the assessee was being allowed is without merit since the Tribunal on the facts of a case can direct fresh enquiries by any of the tax authorities and for which purpose it can set aside a point to be considered afresh. . In the final analysis, I approve of the view expressed by the ld. Accountant Member to restore the addition of Rs. 4,96,755 pertaining to the first three parties from whom purchases are purported to have been made to the file of the Assessing Officer for fresh adj udication. As already stated by me, the ld. Members are in agreement with regard to the addition of Rs. 5,31,780 in respect of M/s Madhu Trading Corpn. being set aside to the file of Assessing Officer for fresh adj udication. The matter will now go before the Division Bench to pass an order in conformity with the majority opinion.
-
1998 (2) TMI 151 - ITAT CHANDIGARH
Interest For Default In Payment Of ... ... ... ... ..... me relevant for the assessment year under consideration as income having accrued pending the judgment and thereby fastening a liability on the assessee to comply with the provisions of sections 208 to 210 and also charge interest under sections 234B and 234C for such stipulated failure to pay advance tax. It is obvious that the assessee could not have foreseen the amount of enhanced compensation as also the interest awardable in relation thereto during the years under consideration at the time of filing returns, which were ultimately processed under section 143(1). Thus, we feel that on the facts and circumstances of the case, there was no failure on the part of the assessee so as to attract the provisions of sections 234B and 234C of the Income-tax Act. 8. In view of our decision on this issue, we do not think it necessary to devolve on the other arguments taken before us as the said exercise is considered unnecessary. 9. In the result, I.T.A. Nos. 783 to 786/96 are allowed.
-
1998 (2) TMI 150 - ITAT CHANDIGARH
Collection and Recovery Of Tax ... ... ... ... ..... as stipulated under the amended provision w.e.f. 1-4-1989. We, therefore, feel that the said omission was inadvertent and provisions of rule 118 have to be applied for the purpose of calculating interest under section 31(2), as it stood before its amendment w.e.f. 1-4-1989. It is also significant to note that with the coming into force of the amended provisions w.e.f. 1-4-1989, provisions of rule 118 ceased to be relevant and the same were omitted by the Income-tax (Eleventh Amendment) Rules, 1989, w.e.f. 30-11-1989. Accordingly, we set aside the order of DC(Appeals) in relation to both the years under consideration and direct Assessing Officer to recompute interest for each financial year separately having regard to the provisions of rule 118 of the Income-tax Rules, 1962 and allow appropriate relief to the assessee. 7. In view of our decision above, it is not considered necessary to deal with other contentions of ld. counsel. 8. In the result, both the appeals are allowed.
-
1998 (2) TMI 149 - ITAT CHANDIGARH
Method Of Accounting, Estimation Of Income ... ... ... ... ..... by the ld. Accountant Member to uphold the view taken by the CIT(A). It was an accepted fact during the course of the proceedings before the tax authorities that the owners of the land were not wealth-tax assessees and the market value therefore was not ascertainable. The CIT(A) deleted the addition taking note of the situation of the plot as also the necessity for taking the plot on hire as pleaded by the assessee. The decision to allow relief was on the aforesaid twin considerations and I really do not understand as to what purpose is supposed to be achieved by sending the matter to the Assessing Officer for fresh enquiries. As in the first question, the difference in respect of the second issue is also on a frivolous ground and could have been clearly avoided. In respect of this issue as well, I approve of the view expressed by the ld. Accountant Member. 6. The matter may now be placed before the Division Bench for passing an order in conformity with the majority opinion.
-
1998 (2) TMI 148 - ITAT CALCUTTA-C
Reassessment, Fresh Material On Record, Valuation Of Immovable Property, Rectification Proceedings, Escapement Of Wealth, Change Of Opinion
-
1998 (2) TMI 147 - ITAT AMRITSAR
... ...
... ... ..... as pleaded that out of salary he deposited Rs. 14,100 in his deposit account. The learned counsel has submitted that not only the identification of the creditor is established but the very source of creditor is accepted by the AO. We are, therefore, of the opinion that there was no justification in conforming the addition. It is a matter of record that Shri Vijay Kumar is an employee, and his salary has been accepted. The statement of Shri Vijay Kumar was recorded and he has pleaded that he was living with his brother who is also running a Karyana Shop and as such he did not withdraw salary from 1st April, 1988, to 4th Jan., 1989. The appellant not only identified Shri Vijay Kumar, his source of salary is admitted and accepted and the money has come from the ledger account of Shri Vijay Kumar. We do not find any justification in making addition, regarding cash credit in the name of Shri Vijay Kumar. The addition stands deleted. 17. In the result the appeal is partly allowed.
-
1998 (2) TMI 146 - ITAT AMRITSAR
... ...
... ... ..... d not be adjusted against the income of the assessee from other heads and then rightly apportioned to the partners. This ground succeeds. 11. The last ground is in respect of addition of Rs. 20,000 made by the AO on account of notional interest charged on the advance of Rs. 2 lakhs made to Kulwant Singh. This issue arose when the AO noted that the assessee had shown a debit balance of Rs. 2 lakhs in the name of Kulwant Singh. The assessee submitted that this amount was advance paid for the purchase of Deep Film at Delhi by the firm to Kulwant Singh and deal could not succeed, that is why no question of charging interest and that plea was upheld by the CIT(A) who deleted this interest of Rs. 20,000 charged by the AO. We have considered all the facts and are of the opinion that the CIT(A) has rightly deleted the addition as no basis for making the addition in the hands of the assessee. This ground fails. 12. The result is that all the appeals of the Revenue are partly allowed.
-
1998 (2) TMI 145 - ITAT AMRITSAR
Estimation Of Profits ... ... ... ... ..... such a way like allotment of floating membership, that will result into passing of benefit to wrong persons. There is no scope whatsoever to bring non-member in this ambit. There is no scope to fiddle with the bye-laws by passing the resolution which has no legal standing. The benefit given under sub-clause iv of section 80P(2) is an additional benefit given to a cooperative society engaged in collective disposal of labour of its members on the fulfilment of conditions mentioned in the proviso and the language of the proviso is quite clear and there is no ambiguity. The conditions laid down in the section are to be strictly followed by the Society who make such claim. Keeping in view the above discussions, we are of the opinion that the CIT(A) was justified in refusing the exemption under section 80P(2)(a)(vi) of the Income-tax Act. The appeal of the appellant on this issue is dismissed. 14. In the result both the appeals of the revenue as well as the assessee s are dismissed
-
1998 (2) TMI 144 - ITAT AMRITSAR
... ...
... ... ..... t with those observations. To our minds, section 275 is plainly and exclusively intended to prescribe a limit of time within which penalty proceedings must be concluded. It is not intended to prescribe the stage after which penalty proceedings cannot be commenced. It does not do so expressly nor does the language of section 275 lead us to such a necessary implication. We would indeed be reading too much into section 275 if we read any such implication. The words in the course of which the proceedings for the imposition of penalty have been commenced are merely descriptive of the proceedings two years after whose completion penalty cannot be imposed. The words are used to identify the particular proceedings before the Income-tax Officer or the Assistant Commissioner which are referred to in clauses (a), (b) and (c) of section 271(1) rather than to prescribe when a penalty proceedings may commence. 16. Keeping in view the above discussions, the appeal of appellant is dismissed.
-
1998 (2) TMI 143 - ITAT AHMEDABAD-A
... ...
... ... ..... a/c as expenses of the industrial undertaking. Instead of showing gross amount on both the sides, if the assessee-trust would have shown the net amount by reducing the necessary expenditure it would certainly have gone to increase the business profit. Therefore, in our opinion, there is no logic or reason in assuming that Kasar is not business income. Accordingly we hold that the CIT(A) was justified in holding that the assessee will be entitled to relief under ss. 80HH and 80-I in respect of Kasar also. We decline to interfere and dismiss this ground. 17. Ground Nos. 6 and 7 read as under 6. The learned CIT(A) ought to have upheld the order of the AO to the above extent in view of the circumstances of the case. 7. It is, therefore, prayed that the order of the CIT(A)-I, Ahmedabad s order may be set aside and that of the AO may be restored to the above extent. Obviously these grounds are general in nature and call for no comments. 18. In the result, the appeal is dismissed.
-
1998 (2) TMI 142 - ITAT AHMEDABAD-A
... ...
... ... ..... ther within pale of Chapter XIV-B assessment could be made only in respect of undisclosed income and such undisclosed income must come as a result of search Held, yes whether s. 158BC does not provide a licence to Revenue for making roving enquiries connected with completed assessment and is beyond power of AO to review assessments completed unless some direct evidence comes to knowledge of Department as a result of search which indicates clearly factum of undisclosed income Held, yes whether scheme of Chapter XIV-B gives power to Revenue to draw presumption in regard to undisclosed income Held, no. In our considered opinion, in addition to the circular of the CBDT referred to supra, the above decision also restrains the AO from drawing presumption while passing an order under s. 158BC of the IT Act, with regard to the undisclosed income. 7. In the light of the above discussion, we delete the impugned addition of Rs.26,84,652. 8. In the result, the appeal is allowed in part.
-
1998 (2) TMI 141 - ITAT AHMEDABAD-A
Method Of Accounting ... ... ... ... ..... ce it would be axiomatic and incongruous to hold that though the principal amount itself has been allowed as deduction, the interest would be still payable. In any case the assessee could not have visualized that such amount could not be allowed as deduction and therefore also the assessee trust is covered by the decision of Gujarat High Court in the case of CIT v. Bharat Machinery and Hardware Mart 1982 136 ITR 875. We accordingly concur with the findings of the learned CIT(A) and decline to interfere. 20. Grounds No.4 and 5 read as under - 4. The ld. CIT(A) ought to have upheld the order of the Assessing Officer to the above extent in view of the circumstances and facts of the case. 5. It is, therefore, prayed that the order of the CIT(A) may be set aside and that of the Assessing Officer may be restored to the above extent. Obviously these grounds are general in nature and call for no comments. The same are accordingly dismissed. 21. In the result, the appeal is dismissed.
-
1998 (2) TMI 140 - HIGH COURT OF GUJARAT AT AHMEDABAD
... ...
... ... ..... rding to the petitioner, there are no other manufacturers having different units carrying on such various manufacturing process. On that count also, the petitioner s contention cannot be accepted. 7.Reference was also made by the petitioner s Counsel to the decision rendered in the case reported in 1988 (2) SCC 407. Different pay scales were prescribed for graduate teachers and graduate with JST/JAV training and accordingly teachers were divided into two groups and were granted different pay scales. This was held to be violative of Article 14 of the Constitution. It was held that there should not have been any discrimination between the graduate teachers with the training qualification. The dictum laid down in that case is not applicable to the present case. It is not substantiated that any set of persons are given any additional advantage on the basis of the impugned order. 8.Special Civil Application accordingly stands dismissed. Notice discharged with no order as to costs.
-
1998 (2) TMI 139 - HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Export - Illegal Export - Detention ... ... ... ... ..... associate are facing trial in the Economic Offences Court at Chennai. In this view of the matter, the impugned order, Annexure P-5, is also liable to be quashed because it has been passed on non existent facts. It has been held in Gurjeet Kaur v. The Secretary to Government Punjab and others, 1996 (3) RCC 583, that when the detention order has been passed only on the basis of single incident of alleged smuggling and that no other material is available on the record from which it can be inferred that the petitioner had been indulging in smuggling of the goods previously, the ground of detention on non-existent facts, cannot be sustained in the eyes of law. 21.Resultantly, I allow this petition and strike down the impugned order, Annexure P-5, with specific observation that the quashing of the impugned order, Annexure P-5, in no manner, will debar the Government from prosecuting the petitioner or any body else for violating the Customs law. There shall be no order as to costs.
-
1998 (2) TMI 138 - HIGH COURT OF JUDICATURE AT ALLAHABAD
Stay/Dispensation of pre-deposit ... ... ... ... ..... posit any further sum and the appeal be heard by the Tribunal at the earliest. If however, the petitioner has taken refund for the amount and the said amount is involved in relation to some other proceedings in that event the petitioner shall make deposit of Rs. 2,34,000/- as demanded by the Tribunal. 3. With the above directions the present writ petition is disposed of finally.
-
1998 (2) TMI 137 - HIGH COURT OF JUDICATURE FOR ANDHRA PRADESH AT HYD
Manufacture - Cable jointing kit - Writ jurisdiction ... ... ... ... ..... f his appellate functions and, therefore, the apprehension of the petitioners that the Excise Collector, Central Excise (Appeals) would be following the circular issued by the 5th respondent, is baseless, cannot also be countenanced as this argument is inconsistent with the first argument of the learned Counsel for the Revenue, as he contended that placing the articles in one kit and packing them amounts to manufacture. Further, as pointed out in the earlier paragraphs, the assessee need not be subjected himself to the authority which has no jurisdiction over him or when the authority is attempting to exercise jurisdiction without authority of law. Therefore, the argument of the learned Counsel for the Revenue is rejected. 17.In any view of the matter the action of the respondents is without authority of law and jurisdiction and hence the petitioners are entitled to succeed and the writ petitions are accordingly allowed with costs. Advocate s fee is Rs. 1,000/- in each case.
-
1998 (2) TMI 136 - HIGH COURT OF JUDICATURE AT ALLAHABAD
Stay/Dispensation of pre-deposit ... ... ... ... ..... petition finally with the directions that the recovery of excise duty which are the subject matter of the aforesaid appears shall remain stayed until the appeals or stay or waiver applications are decided or until 31-3-1998 whichever is earlier. We further direct that the petitioner will file a certified copy of this order on or before 5th March, 1998 before the second respondent who is directed to decide the appeals within three weeks the certified copy is filed. However, if for any reasons the appeals cannot be decided then the stay/waiver applications may be decided within the same period. It is made clear that if the stay and waiver applications have already been decided then the protection given under this order will not be available to the petitioners and the respondent will be at liberty to proceed against the petitioners in terms of the orders that may have been passed on the stay/waiver applications. 5. Subject to the above the writ petition shall stand disposed of.
-
1998 (2) TMI 135 - HIGH COURT OF JUDICATURE AT ALLAHABAD
Stay/Dispensation of pre-deposit of demand - Writ jurisdiction ... ... ... ... ..... r any recovery proceeding. The petitioner only received a communication of 20th January, 1998, making a request to the assessee that in reference to the appeal which has been filed, the interim order from the appellate authority be forwarded. It is not unusual for the assessing authority to enquire and seek if an interim order has been granted. 4. 8195 Now when the Commissioner, Appeals, returns from election duty, the petitioner s appeal will be up for consideration. It will be entirely up to the Commissioner, Appeals to either pass an order for waiver of the amount or such amount may need to be deposited. 5. 8195 This Court cannot comment on any aspect of the matter as this is the discretion provided to the appellate authority under Section 35F. 6. 8195 Truly, this writ petition has only been filed for obtaining an interim order when the waiver part of it is a discretion of the Commissioner, Appeals. 7. 8195 The writ petition is misconceived and is, accordingly, dismissed.
-
1998 (2) TMI 134 - HIGH COURT OF JUDICATURE AT DELHI
Uninterrupted power supply system (UPSS) ... ... ... ... ..... ions in January, 1996 wherein it has still opined for the UPSS being classified under the Heading 85.04 (pages 53-54 of the paper book). 7.In view of the above said facts, the factual position being not in dispute, it is directed that until further orders the petitioner shall pay the excise duty by treating UPSS classified under the Heading 85.04. However, within a period of two weeks from today, the petitioner through its constituted attorney and authorised representative appointed under a resolution of Board of Directors file an undertaking to the effect that the petitioner shall comply with the final decision in this petition. The petitioner shall also undertake that it will follow the decision of the Supreme Court or CEGAT whichever is earlier forming an opinion in the matter of classification of UPSS and if the opinion be adverse to the petitioner rendering it additionally liable to payment of duty then that shall be paid within four weeks from the date of such decision.
............
|
