Court : Delhi
Decided on : Apr-13-2009
Reported in : 319ITR29(Delhi); 180TAXMAN128(Delhi)
..... appeals; the issue which arises is whether supplementary commission received by travel agents of assessee-airlines is a 'commission' within the meaning of section 194h of the income-tax act, 1961 (hereinafter referred to as the 'act'). if that be so, the failure on the part of the assessee-airlines would render them liable for consequences under section 201(1) and 201(1a) of ..... , would the assessee-airlines be liable for the ensuing consequences under section 201(1) and 201(1a) of the act.2. the lead case in these batch of appeals is ita no. 306/2005 entitled cit v. singapore airlines. the judgment of the income-tax appellate tribunal (hereinafter referred to as the 'tribunal') dated 19-10-2004 passed in tdsa no. 58/delhi/302 ..... assessee-airline as assessee in default directed calculation of interest under section 201(1a) of the act to the extent of rs. 21,13,224. the assessing officer of other airlines and commissioner of income-tax, delhi passed orders under section 201(1) and 201(1a) of the act in the case of other airlines.8. aggrieved by the same, 12 airlines preferred appeals ..... to the commissioner of income-tax (appeals) - xxx, new delhi [hereinafter referred to as the 'cit(a)']. a reference to the airlines which preferred appeal to .....Tag this Judgment!
Court : Delhi
Decided on : Jul-24-2009
Reported in : (2009)225CTR(Del)1; 317ITR107(Delhi); 183TAXMAN100(Delhi)
..... applicable. the question of law that the full bench was called upon to consider was as follows:whether satisfaction of the officer initiating proceedings under section 271 of the income-tax act can be said to be recorded even in cases where satisfaction is not recorded in specific terms but is otherwise discernoble from the order passed by the authority....15.1 ..... retrospectively from 01st april, 1989....memorandum explaining provisions in the finance bill, 2008satisfaction for initiation of penalty under section 271(1) sub-section (1) of section 271 of the income-tax act empowers the assessing officer to levy penalty for certain offences listed in that sub-section. it is a requirement that the assessing officer is required to be satisfied before such ..... on clauses. being relevant they are extracted hereinbelow:notes on clauses to the finance bill, 2008clause 48 seeks to amend section 271 of the income tax act, which relates to failure to furnish returns, comply with notices, concealment of income, etc. under the existing provisions contained in chapter xxi the assessing officer is required to be satisfied during the course of penalty proceedings. ..... him, a sum not exceeding one and a half times the amount of the income-tax and super tax, if any, which would have been avoided if the income as returned by such person had been accepted as the correct income:.7.2. with the enactment of income tax act, 1961, i.e., the act, section 271 was brought on to the statute book. at the relevant time, .....Tag this Judgment!
Court : Delhi
Decided on : Nov-30-2009
Reported in : (2010)229CTR(Del)243; 321ITR106(Delhi)
..... learned senior counsel that this aspect is not dealt with by the tribunal, no attempt was made by the appellant by filing application under section 254(2) of the income tax act pointing out that such a plea was taken but not considered. accordingly we decide this question also against the appellant.19. as a consequence this appeal is dismissed with ..... any such attempt. had the appellant made a claim in this behalf on the premise that it represent an expenditure incurred which is allowable under section 37 of the income tax act, before the assessing officer, the assessing officer could have gone into this aspect. however, such a plea was not even taken either before the assessing officer or before the ..... framed:question no. 19. this question relates to the justification in initiating the proceedings under section 147 of the income tax act. the submission in this behalf was that proceedings were initiated by the assessing officer at the instance of commissioner of income tax and there was no independent application of mind by the assessing officer. this submission is predicated on the noting ..... escaped assessment?2. whether on true and correct interpretation of section 69 of the income tax act, 1961, the income tax appellate tribunal was justified in law in upholding the action of the commissioner of income tax (appeals) in sustaining the addition of rs. 10,79,995/- under section 69 of the act, on account of unexplained investment for alleged imports of goods?immediately thereafter the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-20-2009
Reported in : 186TAXMAN291(Delhi)
..... found in the luggage/parcels booked with the assessee by the police. police reported that matter to the income-tax department as well on the basis of which the proceedings under section 153a of the income-tax act were initiated against the assessee in respect of assessment year 2004-05. keeping in view the value ..... of the aforesaid goods seized which aggregated to rs. 1,65,23,783, income was assessed at that amount and income-tax/penalty in the sum of rs. 61 ..... angarias (couriers) and the aforesaid goods belonged to some other person. taking into consideration all these aspects, the cit(a) allowed the appeal of the assessee and quashed the demand of income-tax and penalty on the ground that the assessee was not the owner of the aforesaid articles which he had duly ..... explained by producing the aforesaid 14 parties. itat has affirmed this order of the cit(a). it would be apposite to reproduce the ..... a basis for making additions in the hands of the assessee. accordingly, we do not find any infirmity in the order passed by the ld. cit(a) in deleting the addition.2. in these circumstances, we are of the opinion that no substantial question of law arises once the assessee has .....Tag this Judgment!
Court : Delhi
Decided on : Jan-16-2009
Reported in : (2009)222CTR(Del)215; 157(2009)DLT665; 179TAXMAN309(Delhi)
..... had been under a genuine belief that as the payments were made outside india by a company incorporated outside india and located outside india, the provisions of the income tax act, 1961 relating to deduction of tax at source on payment of such salaries were not applicable. however, we need not go into the question of merits inasmuch as we are only concerned with ..... were issued. 2. the assessee/respondent is a company incorporated in japan and has a liaison office in india. a survey operation under section 133a of the income tax act, 1961 (hereinafter referred to as 'the said act') was carried out in the assessee's premises at 8, balaji estate, guru ravidas marg, kalkaji, new delhi, on 4.12.1998. in the course of ..... show cause notice issued on 26.06.1999 is definitive of the stand of the department that the assessee had failed to deduct the taxes as per the provisions laid down under section 192 of the income-tax act on the various amounts paid as detailed in the assessee's letter dated 18.01.1999 wrongly indicated in the show cause notice as 18 ..... cause notice is as under:sir,sub: show cause notice for imposition of penalty under section 271c of the income-tax actwhereas it is seen that you had failed to deduct the taxes as per provisions laid down under section 192 of the income-tax act on the various amounts paid as detailed in your letter dated 18.12.99 wrongly indicated as 18.12.99 .....Tag this Judgment!
Court : Delhi
Decided on : Jan-30-2009
Reported in : (2009)221CTR(Del)752; 313ITR267(Delhi); 178TAXMAN84(Delhi)
..... services' as defined in section 9(1)(vii) read with explanation-2 thereto of the income-tax act, 1961 or article 12(4) of the indo-american dtaa respectively. having regard to the integrated business arrangement between the assessee company and the indian hotels ..... the relevant agreements was not in the nature of 'royalties' within the meaning given in section 9(1)(vi) read with explanation-2 thereto of the income tax act, 1961 or as given in article 12(3) of indo-american dtaa. the same was also not 'fees for technical services' or 'fees for included ..... impugned judgment. the relevant portion of the finding is extracted below:as such, considering all the facts of the case, the relevant provisions of the income tax act, 1961 as well as that of dtaa between india and usa and keeping in view the legal position emanating from various judicial pronouncements discussed above, ..... 98 and 1998-99.2. the revenue being aggrieved by the impugned judgment has preferred the present appeals under section 260a of the income tax act, 1961 (hereinafter referred to as the 'act'). even though the revenue, in these appeals, has proposed a total of ten questions, at the time of hearing the learned counsel ..... for included services in terms of article 12 of the dtaa between india and the usa as well as section (1) of the income tax act, 1961.orders under section 143(3) passed for a. yrs. 1997-98 and 1998-99 were passed on the above lines and the same were .....Tag this Judgment!
Court : Delhi
Decided on : Jul-02-2009
Reported in : (2009)226CTR(Del)466; 318ITR26(Delhi); 187TAXMAN161(Delhi)
..... affirmed by the commissioner of income-tax in appeal, but the income-tax appellate tribunal, in the appeal preferred by the assessee, has allowed the said ..... per share to rs. 5/- per share, the assessee in its income-tax return for the assessment year 2001-02 claimed deduction of rs. 41,37,881/- as 'bad debt' under section 36(1)(7) of the income tax act, 1961 (for short, the 'act'). this deduction was initially disallowed by the assessing authority, which was ..... /- was not paid, the assessee did not deliver those shares to the sub-broker. however, in the said year, brokerage was shown as income in the income-tax return, which was assessed as well. since balance payment was not made in the next year also, presumably because of the reason that the ..... he received only a sum of rs. 64 lacs. the brokerage which was received in the aforesaid transaction was shown as income by the assessee in the previous year, which was taxed as such as well by the assessing authority. under these circumstances, only because shares were not delivered for want of full ..... has canvassed two submissions:(1) the aforesaid amount could not be treated as 'debt' at all under the provisions of section 36(2) of the act and, therefore, the question of treating it as 'bad debt' does not arise.(2) the assessee had not sold the shares to anybody else .....Tag this Judgment!
Court : Delhi
Decided on : Sep-24-2009
Reported in : 187TAXMAN294(Delhi)
..... , would lose its finality.6. in view of the above, the present writ petitions are allowed quashing the impugned notices dated 3-10-2006 issued under section 148 of the income-tax act, 1961 and all the proceedings emanating therefrom. in view of the facts of the present cases, costs of rs. 25,000 are awarded in favour of the petitioner and against ..... the assessee-company is in the nature of permanent structure by way wood partitions, wall panelling etc., which cannot be covered under current repairs as provided in section 30 of income-tax act, 1961. such renovation as made by the assessee-company, cannot be stated so as to keep the premises as restored to good condition or save it from exhaustion or compensation ..... the nature of partition made in wood, wall panelling, show windows, etc. the assessee-company also relied on certain decisions.4. the provisions of explanation 1 of section 32 of income-tax act, 1961 specifically provide as under:explanation 1.--where the business or profession of the assessee is carried on in a building not owned by him but in respect of which ..... valmiki j. mehta, j.1. by these writ petitions, the petitioner challenges the impugned notices under section 148 of the income-tax act, 1961 dated 3-10-2006 whereby the respondent/income-tax department seeks to reopen the assessment order passed under section 143(3) of the act for the assessment years 2002-03 and 2003-04.2. that the reasons given for the reopening of the .....Tag this Judgment!
Court : Delhi
Decided on : Jan-16-2009
Reported in : 180TAXMAN485(Delhi)
..... stock register, purchase book, sales book, purchase bills and sales books;(ii) the accounts of the assessee have been duly audited under the income-tax act as well as the companies act;(iii) sales invoices of vendors were placed on record before the assessing officer. insofar as purchases made by the assessee, were concerned they were ..... to assessment year 1998-99. the revenue's grievance in the appeal is that the tribunal has upheld the order of the commissioner of income-tax (appeals) [hereinafter referred to as 'cit(a)'] deleting the addition of rs. 54,50,276 made by the assessing officer on account of bogus purchases by the assessee.2. ..... of rs. 54,50,276 on the ground that the assessee had made bogus purchases.3. being aggrieved the assessee preferred an appeal before the cit(a). the cit(a) by a detailed order deleted the disallowance of rs. 54,50,276 made by the assessing officer. against this the revenue went up ..... made advance payments to the suppliers on several dates.6. in view of this the tribunal came to the conclusion that the deletion made by the cit(a) had to be sustained. the tribunal in particular, noted that the department having accepted the purchases, it could not have been assumed that the ..... in appeal to the tribunal. the tribunal by the impugned judgment sustained the order of the cit(a).4. before us the learned counsel for the revenue, mr. r.d. jolly has impugned the order of the tribunal on the ground that .....Tag this Judgment!
Court : Delhi
Decided on : Oct-09-2009
Reported in : (2010)228CTR(Del)364; 321ITR378(Delhi); 185TAXMAN121(Delhi)
..... in this backdrop the appeal was admitted on the following substantial question of law:whether the tribunal misdirected itself in law by calculating limitation under section 154(7) of the income tax act, 1961 with reference only to the date of the original order of assessment7. the submission of learned counsel for the revenue is twofold, namely:(i) the mistake occurred in the ..... .1. an interesting question of law relating to the limitation of correcting error under section 154 of the income tax act, 1961 (hereinafter referred to the 'act') arises in this appeal. the issue is: from which date the period of limitation provided under section 154 of the act is to be reckoned.2. the assessment order was framed by the assessing officer (ao) under section ..... 143(3) of the act on 24.11.1998 framing the income at rs. 8.77 crores. while doing so, the ao had made various additions, which were not palatable to the respondent/assessee. the respondent/assessee filed appeal against that order. the commissioner of income tax (appeal), vide his order dated 20.5.1999, gave partial ..... not be made applicable to such cases. otherwise, it would frustrate the object and purpose of determining the taxable income and to collect the tax thereon. again, even if it is held that limitation under sub-section (7) of section 154 of the act is applicable, then also it is contended that it would start to run from the last order, i.e .....Tag this Judgment!