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Judgment Search Results Home > Cases Phrase: rationale Court: income tax appellate tribunal itat delhi Year: 1999 Page 1 of about 4 results (0.054 seconds)

Oct 11 1999 (TRI)

Goodyear India Ltd. Vs. Income Tax Officer. (Asstt. Cit V.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Oct-11-1999

..... or otherwise of such items. the second aspect of the case is regarding the reasonableness of the disallowance. the ao has disallowed rs. 17 lakhs which is based on a rationale analysis. the refers (sic) the addition of rs. 17 lakhs stands confirmed." 56. before us, the submission on behalf of the assessee was that it had itself disallowed and added .....

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Dec 31 1999 (TRI)

Assistant Commissioner of Vs. O.P. Gupta

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Dec-31-1999

Reported in : (2000)75ITD123(Delhi)

1. these five appeals are by the revenue and the five cross objections by the assessee are inter-connected and involve common ground. for the sake of convenience, they are considered together and decided by this consolidated order.2. the common ground in all the five appeals by the revenue is as under:-- on the facts and in the circumstances of the case, the learned cit(a) has erred in quashing the assessments on the ground that notices were not validly served and there was no valid assumption of jurisdiction by the assessing officer.3. assessments for the assessment years 1979-80 to 1983-84 were originally completed under section 143(3)/144 of the income-tax act, 1961 on a total income of rs. 7,211, rs. 13,570, rs. 10,240, rs. 12,690 and rs. 13,750. subsequently, the assessments were reopened under section 147(a) of the act on the ground that cash credits shown in the name of smt. bhagwani devi and m/s. jagdamba finance corporation were found to be not genuine as the creditors were merely name lenders as held by assessing officer in the case of m/s. metal house assessed by the ito, ward-14 (4), new delhi m/s. jagdamba finance corporation could not prove the capacity to advance heavy loans to m/s. metal house and the credit in the name of m/s. jagdamba finance corporation was held to be not genuine in the case of metal house. in view of this information the action under section 147(a) of the act was taken by the assessing officer with the prior approval of the cit. .....

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Aug 05 1999 (TRI)

Ms. Reena H. Mirchandani Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-05-1999

1. this is assessee's appeal against the order of cit(a) v, new delhi dt. 19th december, 1991 relating to asst. yr. 1988-89 and following grounds have been raised by the assessee : "1. that the learned asstt. cit has earned in law, on facts and in the circumstances of the case in treating rs. 7,59,000 as income from undisclosed sources and the learned cit(a) in confirming the same on wholly illegal, erroneous and untenable grounds. 2. that on the facts and in the circumstances of the case the addition of rs. 7,59,000 confirmed by the learned cit(a) be deleted." 2. facts are like this that on 2nd november, 1987 the dri seized indian currency worth rs. 7,59,000 and foreign currency equivalent to rs. 3,500 from assessee's possession when she was about to board the british airways flight no. ba-019 from new delhi to hong kong. in her statement recorded by the dri authorities and later on by the it authorities she stated that the indian currency was handed over to her by a person named mr. raja at her residence when she was about to leave for the airport. it was also stated by her that this was to hand over to one shri a. sajwani, a dubai based party. it was claimed by her that shri a. sajwani asked her to carry packets to hong kong which was to be collected by him there from her. she also claimed that she did not know that the packets contained the indian currency. the assessee also did not know the address and whereabouts of mr. raja as well as mr. a.sajwani. the ao on these .....

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Feb 25 1999 (TRI)

Deputy Commissioner of Income Tax Vs. Asian Hotels Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Feb-25-1999

1. these are two appeals of the revenue directed against separate orders of appeal of cit(a)-xiv, new delhi dt. 13th july, 1990, and 7th august, 1991, relating to asst. yrs. 1985-86 and 1986-87 respectively and these appeals since involve similar facts and identical points. so these are consolidated and disposed of by a single order for the sake of convenience. "on the facts and in the circumstances of the case, the learned cit(a) has erred in : (a) directing the ao to allow assessee-company's claim of investment allowance on plant and machinery amounting to rs. 3,57,69,003 by ignoring the material fact that the assessee-company is engaged in hotel business which is not an industrial undertaking and as such is not eligible for such an allowance; and (b) directing the ao not to include a sum of rs. 3,92,758 paid by the assessee-company as commission to travel agents for the purposes of working out the disallowance under s. 37(3a) of the it act, 1961." 3. similarly, in ita no. 7415 (del) 1991 the following grounds have been raised : "on the facts and in the circumstances of the case, the learned cit(a) has erred in : (1) directing the ao to allow assessee's claim of investment allowance on plant and machinery amounting to rs. 12,72,821 by ignoring the material fact that the assessee is in hotel business which is not an industrial undertaking and as such is not eligible for such allowance; and (2) directing the ao to allow investment allowance on plant and machinery of rs. 12, .....

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