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Case Laws
Showing 121 to 140 of 249 Records
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1984 (1) TMI 130 - ITAT HYDERABAD-A
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... ... ..... ckery) . What was received was the price for export of designs and drawings from abroad in pursuance of an agreement signed abroad. Again, the receipt was for fabrication of a tunnel-kiln and not for any right to use the designs and drawings. In this context the assessee s consistent and repeated argument that the designs were not capable of being understood by its engineers and much less used by them for exploitation of the drawings as such cannot altogether be ignored. Hence, from any view of the matter, we do not find any substance in the orders of the authorities below to justify the inference that the receipt by the foreign company of a lump sum amount for import of drawings and technical documents for the construction of kiln as a part of such construction contract could be treated as royalty either in the ordinary sense or the special statutory sense under 9(1)(vi). The appeal will have to be allowed. 5. In the result, the appeal is allowed and the assessment annulled.
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1984 (1) TMI 129 - ITAT HYDERABAD-A
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... ... ..... sively for earning commission. In view of this, I am of the view that a part of the commission received by the assessee would be exempt under section 10(14) of the Act. Taking into account the amount of commission income earned by the assessee, it would be reasonable to allow 30 as expenditure incurred for earning such income. The income-tax Officer is directed to modify the assessment accordingly. The deduction claimed in this case worked out to 26 or 27 of the total commission earned by the assessee. The decision of the Chandigarh Bench also helps the assessee in his defence. Therefore, we feel that the expenditure incurred of Rs. 12,752 can be allowed as deductible expenditure u/s 10(14) of the IT Act. We, therefore, direct the ITO to exclude the sum of Rs. 12,752 from out of the gross commission of Rs. 42,141 and include only the net commission as part of the salary income of the assessee. 7. Thus, we find no substance in the department rsquo s appeal and it is dismissed.
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1984 (1) TMI 128 - ITAT HYDERABAD-A
Foreign Company, Income Deemed To Accrue Or Arise In India, Indian Company ... ... ... ... ..... hat was received was the price for export of designs and drawings from abroad in pursuance of an agreement signed abroad. Again, the receipt was for fabrication of a tunnel-kiln and not for any right to use the designs and drawings. In this context the assessee s consistent and repeated argument that the designs were not capable of being understood by its engineers and much less used by them for exploitation of the drawings as such cannot altogether be ignored. Hence, from any view of the matter, we do not find any substance in the orders of the authorities below to justify the inference that the receipt by the foreign company of a lump sum amount for import of drawings and technical documents for the construction of a kiln as a part of such construction contract could be treated as royalty either in the ordinary sense or the special statutory sense under section 9(1)(vi). The appeal will have to be allowed. 5. In the result, the appeal is allowed and the assessment annulled.
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1984 (1) TMI 127 - ITAT DELHI-E
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... ... ..... s was only Rs. 4,210 after the order of Tribunal there is no taxable income. 4. We have considered the rival submissions and perused through the copy of the order of the Tribunal dt.13th Dec., 1982Tribunal Delhi Bench A in its order dt. 7th Dec., 1982 in case of ITO vs. Shri Surjan Singh (1983) 3 ITC 438 (Bom) held that no capital gains tax was leviable on the transfer of the agricultural lands situated in Nangal Dewat village in the Union Territory of Delhi. The assessee had reasonable and bona fide belief that he is not liable to tax on his transfer of agricultural lands in the samevillageofNangal Dewat. The delay in his filing of income-tax return is will reasonable cause. Further, the Tribunal also vide its order dt.13th Dec., 1982deleted the capital gains from assessed income. On these facts and circumstances of the case, we hold that the levy of penalty is not justified. We confirm the action of the AAC in deleting the penalty. 5. In the result, the appeal is dismissed.
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1984 (1) TMI 126 - ITAT DELHI-E
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... ... ..... ty as the income assessed was below Rs. 10,000. 3. We have considered the rival submissions and perused through the papers filed including the circulars relied upon. The circulars issued by the CBDT are binding on the ITO. Regarding the circulars issued by the CBDT the Supreme Court in the cases of Navnitlal C. Javeri vs. AAC of IT, Sen (1965) 56 ITR 198 (SC) and Ellerman Limes Ltd. vs. CIT adopted the validity and binding nature of beneficent circulars and recognised the tax payer rsquo s right to enforce them in his favour even in the Court. The ITO should not have levied the penalty as the income finally assessed was only Rs. 8640 i.e., well below Rs. 10,000. Even on facts also the assessee should succeed. The assessee rsquo s explanation was not believed. The non-belief of the explanation cannot be taken to be a ground for levy of on these facts and circumstances of the case, we hold that the penalty is not leviable. It is deleted. 4. In the result, the appeal is allowed.
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1984 (1) TMI 125 - ITAT DELHI-D
Debatable Issue, Mistake Apparent From Record, Original Assessment ... ... ... ... ..... l Bench and the Tribunal, Delhi Bench. Under these circumstances, much cannot be made of the assessee restricting its claim of ESA in one of the charts filed with the revised return claiming ESA for 5 ton arc furnace for the number of days the said furnace was worked. The learned counsel for the assessee urged that the assessee had claimed ESA for the full years working and the said chart claiming ESA for the number of days the 5 ton furnace worked was filed only on the ITO s requisition. Be that as it may, it is clear that the matter is highly controversial and debatable and, therefore, the ITO was not justified in withdrawing the ESA in order under section 154, more so when the ITO had himself allowed ESA for the full year on the 5 ton arc furnace. We, accordingly, accept the assessee s contention that the matter being debatable, the ITO s order under section 154 deserve to be quashed. We, accordingly, quash the ITO s order under section 154 and allow the assessee s appeal.
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1984 (1) TMI 124 - ITAT COCHIN
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... ... ..... see from letting out portion of the building is only income from house property and that it cannot be termed as profits and gains of an activity contemplated by cl.(c). 8. We are also unable to accept the alternative contention raised for the first time in this appeal by the learned representative for the assessee that the letting out of surplus space should be treated as a business activity falling under cl. (a) of sub. s. (2) of s. 80P and that the income there form is profits and gains of business. 9. We may also state that the view taken by the ITO that the claim of the assessee Under cl. (c) has to be rejected merely because the assessee not sustainable as cl. (c) clearly indicates that the claim under the clause can be independently of or in additions to claims falling under cl. s. (a) and (b). But the claim of the assessee has to fail for the reason given above. 10. In the result we allow the appeals and hold that the assessee is not entitled to the exemption claimed.
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1984 (1) TMI 123 - ITAT COCHIN
A Firm, A Partner, Financial Year, Legal Representative, Partnership Deed, Property Passing On Death
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1984 (1) TMI 122 - ITAT COCHIN
Amalgamating Company, Capital Gains Tax, Cost Of Acquisition ... ... ... ... ..... e learned counsel for the assessee submitted that he is not pressing the ground. It is, therefore, decided against the assessee. 19. Ground No. 6 This is to the effect that the levy of interest under section 139(8) and under section 216 of the Act was not justified. Before the Commissioner (Appeals) no specific arguments were addressed with regard to the levy of interest under section 216. With regard to the interest under section 139, it was held by the Commissioner (Appeals) that no appeal was maintainable with regard to the same in the light of the ruling of the Kerala High Court dated 4-7-1983 in CIT v. K.P. Ratnakaran IT Reference Nos. 81, 82 and 83 of 1972 . Before us, it was submitted by the learned counsel for the assessee that the issue may be decided according to the decision of the Kerala High Court, although the assessee is not accepting the same. Following the said decision, we decide this ground against the assessee. 20. In the result, the appeals are dismissed.
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1984 (1) TMI 121 - ITAT COCHIN
Guest House ... ... ... ... ..... erty and that it cannot be termed as profits and gains of an activity contemplated by clause (c). 8. We are also unable to accept the alternative contention raised for the first time in this appeal by the learned representative for the assessee that the letting out of surplus space should be treated as a business activity falling under clause (a) of sub-section (2) of section 80P and that the income therefrom is profits and gains of business. 9. We may also state that the view taken by the ITO that the claim of the assessee under clause (c) has to be rejected merely because the assessee has already enjoyed the exemption under clause (a) is not sustainable as clause (c) clearly indicates that the claim under the clause can be independently of or in addition to claims falling under clauses (a) and (b). But the claim of the assessee has to fail for the reason given above. 10. In the result, we allow the appeals and hold that the assessee is not entitled to the exemption claimed.
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1984 (1) TMI 120 - ITAT CHANDIGARH
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... ... ..... ve been cited before us. 6. Taking into consideration the facts of this case and the authorities that have further been cited before us, we are of the considered opinion that what we held in the said case is applicable to this case as well and on the facts of the case the Commissioner had not shown as to what the basis of assumption of jurisdiction by him in this case were and how the order of assessment made by the ITO was erroneous so as to be prejudicial to the interest of revenue. 7. As worst it could be said from the judgments that are cited from both the sides that on this issue there can be two reasonable views but even in such a situation, the principle laid down by the Supreme Court that where there are two reasonable views, the one that favours the subject be adopted goes in favour of the assessee and makes the order of the Commissioner invalid in law. 8. In view of what is stated above, the order of the Commissioner is cancelled. Appeal of the assessee is allowed.
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1984 (1) TMI 119 - ITAT CHANDIGARH
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... ... ..... the ITO to the IAC is a ministerial Act and that the Punjab and Haryana High Court in their judgment reported in (1981) 20 CTR (P and H) 114 (1981) 128 ITR 504 (P and H) have not considered the Supreme Court judgment in the case of Brij Mohan vs. CIT (1979) 12 CTR (SC) 198 (1979) 120 ITR 1 (SC). 3. Having considered the submissions of both the sides we do not find any justification for taking a view different from that which we took in the case of M/s Phulka Rice Mills in R.A. No. 49/Chandi/83, referred to supra. The judgment of the Supreme Court has been relied upon by us and not only we have placed reliance upon that judgment but have shown in the order how their Lordships of the Supreme Court have brought out a basic change in law by the said judgment as would be clear from paras 12 and 13 of the Tribunal s order. In view of this, question No. 2 is also rejected is being not a referable question of law. 4. In the result, reference application of the Revenue is dismissed.
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1984 (1) TMI 118 - ITAT CHANDIGARH
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... ... ..... le. In the instant case, it is not so. Firstly, it is only in respect of a compliant which is not even supported by official cell valuation for the relevant date because it was valuation meant for 31st March., 1974 which was relied upon by the WTO. According to us, there is no such material fact which was not disclosed by the assessee. Coming to the case of Smt. Nirmala Birla and Others, again there is a distinction in facts and, if the said case is carefully gone through it supports the contention of the assessee. The Tribunal, however, discussed the law because it was cited by both the parities but its finding is mainly that of fact and secondly it is true that even on appreciation of case law on the issue, Bombay High Court s decision was relied which is based on the Supreme Court decision. Even from this point of view, reference would only be academic. The request of the concerned Commissioner is, therefore, rejected. 7. In the result, reference application is dismissed.
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1984 (1) TMI 117 - ITAT CHANDIGARH
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... ... ..... ollusive.............The rights of persons who are parties to the decision such as they are, remain unaffected inter se. This being the law, I do not see any reason to justify the claim made on behalf of the Revenue that it was a collusive decree and as such did not have any binding force on the proceedings that are before me. 10. But that is not the only reason for holding so. I find that by the very nature of the claim made in the plaint, the decree was only for mutation and accepted the rights of the parties as existed then. This, in fact, has also been the case of the Revenue as they have been raising the assessments prior to and subsequent to the assessment year under appeal on the basis of the decree. There are, therefore, no facts to justify the rights of the Revenue in going behind the screen and finding out what lie there. I, therefore, direct that the assessment with regard to the lease rent be treated as substantive in the case of the assessee. 11. Appeal allowed.
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1984 (1) TMI 116 - ITAT CHANDIGARH
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... ... ..... tified. Hence the well settled law as pointed out above by the Supreme Court and the High Courts clearly applies to the facts of the case to make the assessments and the proceedings taken by the WTO in each of the assessment years a nullity. the AAC was fully justified in holding them so. His orders are, therefore, confirmed. 22. Before we close, we would like to observe that the reliance by the Revenue on s. 42C of WT Act and Supreme Court judgment in 131 ITR 451 does not help in advancing its case any further because s. 42C cannot apply to cases where there is inherent lack of jurisdiction due to illegality of the type involved in this case. So far as Supreme Court judgment in Kapurchand Shrimal vs. CIT is concerned, it also has no application because it is different on facts and on a set of facts akin to the case before us there is a specific judgment of the Supreme Court in First Addl. ITO vs. Mrs. Suseela Sadanandan and Anr. which we have applied. 23. Appeals dismissed.
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1984 (1) TMI 115 - ITAT CHANDIGARH
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... ... ..... as part of the net wealth of the assessee alongwith the sum of Rs. 3,96,000 which has been held as taxable. 16. Before we close, we would like to observe that the contention of the Revenue that the assessee had a contingent or vested right after the award of the Tribunal dt. 28th May, 1968 is not tenable. This is so because in the type of case before us there was no interest right with the assessee which could be made the basis of such a claim. On the other hand, in the type of the facts were entirely different and the parties concerned had vested rights from the beginning of the proceedings. In the cases that we have before us the appellant was asking for something to depend upon for the sustenance of his life which had been, as stated above, whittled down in many respects by the accident. Even his claim for such compensation was being vigorously opposed and unless the compensation amount was settled finally, nothing was payable to him and nothing was taxable in his hands.
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1984 (1) TMI 114 - ITAT CHANDIGARH
Hindu Undivided Family ... ... ... ... ..... ly, therefore, the Court suggested that if such an order was obtained by misrepresentation, it could be set aside by the Commissioner by using his powers under section 33B of the 1922 Act which corresponds to section 263 of the 1961 Act. This, however, has not been done in this case and the order dated 18-1-1979 was not an order obtained by misrepresentation. Therefore, in view of the fact that the Hon ble Supreme Court approved this order of the Hon ble Punjab High Court in the case of Joint Family of Udayan Chinubhai, this is the law of the land. We do not see how the ITO or any one for that matter could ignore such a law. However, we find that the impugned assessments made by the ITO are in complete violation of this law because at the time these assessments were framed, order dated 18-1-1979 subsisted and was on his record. The AAC was, therefore, fully justified in cancelling these assessments. His order is upheld. 12. In the result, appeals of the revenue are dismissed.
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1984 (1) TMI 113 - ITAT CHANDIGARH
Deemed Gift ... ... ... ... ..... net wealth of the assessee for any of the assessment years under appeal. It is excluded from net wealth for and from the assessment years 1971-72 to 1975-76. 15. So far as the value of land in dispute before us is concerned, we find that the assessee had accepted the same value of the same land in the assessment year 1969-70. Even in that assessment year, the lands were in adverse possession of the tenants. Now the facts remaining the same, we have not been shown by the assessee how the market value thereof has gone down for the assessment years under appeal before us on this issue. We find force in the arguments of the revenue that on such facts and circumstances of the case, there is no case for an interference in the orders of the authorities below. This value and its addition in the net wealth is confirmed in the assessment years 1974-75 and 1975-76. 16. Appeals for the assessment years 1969-70 to 1973-74 allowed in full and for years 1974-75 and 1975-76, allowed in part.
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1984 (1) TMI 112 - ITAT CHANDIGARH
Hindu Undivided Family ... ... ... ... ..... s of the Act, the Mitakshara law will still continue to hold the field . It was further held that section 8 which deals with the succession to the property of a Hindu male dying intestate has modified the Mitakshara law to this extent only that after his death the property shall devolve not only on the son as a member of the coparcenary or otherwise but also on the widow and daughters. 6. In view of that is stated above, in our considered opinion, the AAC has rightly decided the issues before him and we do not find any justification for an interference in his order at the instance of the revenue. 7. Before we close, we would like to observe that there are judgments contrary to the view that we have taken and there is a Special Bench judgment cited on behalf of the revenue. However, located as we are, the judgment of the Punjab and Haryana High Court which is exactly on the issue as before us, is binding on us. We, therefore, decide the issue accordingly. 8. Appeals dismissed.
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1984 (1) TMI 111 - ITAT CHANDIGARH
Net Wealth, Debt Owed ... ... ... ... ..... m)(ii) of the Wealth-tax Act, 1957, the assessee was not eligible for the deduction of a debt which was secured on exempted property. Even in a case where the debt was taken on the security of the house property which exceeds the sum of Rs. one lakh, the assessee would not be eligible, for the deduction of the debt at any rate up to a limit of a lakh of rupees as it would be secured on a property which was exempt from assessment to that extent. (ii) That, the loan borrowed on the security of the life insurance policy was similarly not deductible for the assessment year 1973-74, as the life insurance policy was exempted from wealth-tax. The Tribunal s decision also in the case of Champalal Saraogi held that loan from LIC taken against security of insurance policy by the assessee cannot be deducted as insurance policy is exempt. In the light of above discussion and for the reasons given by the AAC in her order, her action is confirmed. 6. In the result, the appeal is dismissed.
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