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Judgment Search Results Home > Cases Phrase: rationale Sorted by: old Court: income tax appellate tribunal itat it Year: 1999 Page 1 of about 24 results (0.043 seconds)

Apr 15 1999 (TRI)

In Re; Damani Brothers

Court : Income Tax Appellate Tribunal ITAT IT

Decided on : Apr-15-1999

Reported in : (1999)238ITR36ITAT

..... in the matter after taking into account all that had been found out by the commission, after he was divested of the jurisdiction.it is in this context that the rationale for sending the case back to the assessing officer only and not to the "income-tax authority" before whom the proceedings were pending at the time of filing the application .....

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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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Feb 25 1999 (TRI)

J and K Small Scale Industries Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Amritsar

Decided on : Feb-25-1999

1. the appellant has filed an appeal against the order passed by the cit(a) vide order no. 43-j/1997-98, dt. 7th september, 1998 and taken various grounds in appeal.2. the learned cit(a) has observed that the appeal in the case of the appellant was filed on 29th april, 1997 and form no. 35 shows that the order of the ao against which the appellant has filed appeal, was served upon the appellant on 29th march, 1997. the learned cit(a) has observed that the appeal has been filed beyond time limit prescribed under s. 249(2). the learned cit(a) has further observed that no application for condonation of delay under s. 249(3) has been filed by the appellant and in absence of any application for condonation of delay, the learned cit(a) dismissed the appeal of the appellant.3. the learned counsel of the appellant pleaded that the delay in filing of the appeal was only one day and the learned cit(a) entertained the appeal, heard the arguments at length and also accepted the arguments put forth by the appellant. the learned counsel of the appellant pleaded that at no stage the appellant was informed regarding delay in filing of the appeal. along with the arguments, the appellant filed an affidavit of a. k. khullar, managing director, j & k small scale industries development corporation ltd., gandhi nagar, jammu. in the 'affidavit' the managing director, who is principal officer of the company made following deposition : "(1) that i am managing director of j & k small scale industries .....

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Apr 09 1999 (TRI)

S. Gurlal Singh Tuli Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Nagpur

Decided on : Apr-09-1999

Reported in : (2000)73ITD365(Nag.)

..... by the department.8. the learned departmental representative, on the other hand, submitted that the department's case is not that the provisions of s.44ae are applicable but only rationale and yardstick laid down in that section are followed. he clarified that the ao has not invoked the provisions of the s. 44ae. he pleaded that only details of expenses ..... estimate the income of the assessee. without making out such a case for estimating the income the revenue authorities have jumped to the conclusion to estimate the income as per rationale and yardstick laid down in s. 44ae. thus, the department has placed much more emphasis on mode and manner in which the income of the assessee is to be estimated ..... (a) the learned departmental representative has also justified the action of the ao on the ground that the provisions of s. 44ae are not invoked by the ao but only rationale and yardstick laid down in that section has been adopted.25. we cannot approve the view taken by the departmental authorities firstly because it is not a case of estimation .....

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May 10 1999 (TRI)

Deputy Commissioner of Income Tax Vs. Stone India Ltd.

Court : Income Tax Appellate Tribunal ITAT West Bengal

Decided on : May-10-1999

1. these two appeals are filed by the revenue and they involve certain common issues. we, therefore, dispose of these two appeals by a common order for the sake of convenience.2. we are concerned with the asst. yrs. 1991-92 and 1992-93. ground no.1 in asst. yr. 1991-92 pertains to the questions of application of s.37(4) of the act with regard to the rent, repairs and depreciation on the guest house. the ao observed that all expenditure incurred on the maintenance of the guest house and depreciation has to be disallowed by virtue of specific provisions of s. 37(4) of the act and he further observed that cl. (ii) of explanation to the section specifically mentioned that rent paid in respect of such guest house falls under the expression 'expenditure incurred on the maintenance of a guest house'.cit(a) however, set aside the disallowance by following his predecessor's order for the asst. yr. 1990-91. thus, the revenue is in appeal before us.3. after hearing the rival submissions we are of the opinion that the issue is squarely covered against the assessee and in favour of the revenue by the decision of the hon'ble calcutta high court in the case of cit vs. upper ganges sugar mills ltd. (1994) 206 itr 215 (cal). we, therefore, set aside the order of the cit(a). the disallowance made by the ao is thus restored.4. ground no. 2 in asst. yr. 1991-92 and ground no. 1 for the asst. yr.1992-93 pertain to the disallowance made by the ao under s. 40a(9) of the act. facts in short are .....

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May 25 1999 (TRI)

Jhantala Investments Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : May-25-1999

Reported in : (2000)73ITD123(Mum.)

1. the assessee is a company. it was granted certificate of registration no. 23334 of 1980, by the registrar of companies, bombay, on 24-10-1980. photocopy of the certificate of incorporation is provided at page 6 of the paper compilation filed on behalf of the assessee. as per the certificate commencement of business was granted to the assessee dated 25th november, 1980, a copy of which is provided at page 7 of the paper compilation, and accordingly the assessee commenced its business. the company is a public limited company. its business is that of investment and trading in shares by way of speculation and ready shares. m/s. h. b. financial consultants pvt.ltd., h-72, connaught circus, new delhi was the managers to issue of equity shares of 170000 at rs. 10 each for cash at par. the registered office of the assessee was at 1111-a, raheja chambers, 213, backbay reclamation scheme, nariman point, bombay - 400 021. the authorised share capital was rs. 30,00,000 divided into 3,00,000 equity shares of rs. 10 face value out of which 30000 equity shares of rs. 10 each was paid-up for cash at par to the promoters, directors and their friends.excluding 30000 equity shares, 1,70,000 shares at the face value of rs. 10 each were offered to the public. when off ered to the public, the conditions were that on application rs. 5 per equity share is to be paid and on allotment the remaining rs. 5 per equity share is to be paid. one of the board of directors, inter alia, comprised of shri .....

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Jun 21 1999 (TRI)

Smt. Usha Tripathi Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Jun-21-1999

1. in this appeal the assessee has objected to the assessment order for block period passed by the ao under the provisions of chapter xiv-b of the it act (hereinafter called the act) and has listed as many as 21 grounds.1.1. in addition to the aforesaid, the appellant/assessee also sought permission, as per letter dt. 15th february, 1999, for admission of two additional grounds. but since the counsel for the assessee pleaded for withdrawal of the additional grounds at the time of hearing of the appeal, the same are dismissed as such.2. as far as the other grounds are concerned, we have heard the assessee's counsel as well as the learned departmental representative and proceed to decide the various issues as under : 3. these grounds are against the determination of appellant's undisclosed 'income of rs. 4,05,840 on the basis of seized documents marked as annexure a-1.3.1. before divulging to the arguments advanced by the parties, we consider it necessary to refer to the brief facts, as they emerge from the records before us.3.2. the facts relating to the issue of undisclosed income of rs. 4,05,840 are that when the appellant was called upon to furnish a return of her undisclosed income by virtue of provision of s. 158bc of the act, the appellant furnished her return for block period on 6th february, 1997. when the appellant was called upon to explain the nature and details of the entries made in document marked as annexure a-1, the appellant vide her letter dt. 15th february, .....

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Jun 25 1999 (TRI)

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-25-1999

Reported in : (2000)241ITR43(Mum.)

1. the appeal of the assessee, for asst. yr. 1992-93, had come up for hearing before 'a' bench, mumbai and on the recommendation of the bench, the president constituted a special bench for deciding the appeal. the issue involved is : "whether on the facts and in the circumstances of the case the first appellate authority was justified in upholding the order of the ao disallowing deduction under s. 80-o of the it act, 1961, with reference to gross convertible foreign exchange received by the assessee by way of fees for technical and consultancy services rendered by it to the parties abroad ?" 2. the relevant facts, in this case, are that the appellant is an aop and consists of nine public sector companies as its members. the appellant provides technical and consultancy services to various parties abroad. for asst. yr. 1992-93, for which the previous year ended on 31st march, 1992, the assessee had claimed deduction under s.80-o of the it act, 1961 of rs. 3,38,38,386 being 50 per cent of the total foreign exchange received during the year of rs. 6,76,76,773. the assessee had incurred an expenditure of rs. 1,10,06,689 relatable to two projects, viz., nnpc and petromech. in computing the deduction under s. 80-o, assessee did not take into account the aforementioned expenditure of rs. 1,10,06,689 incurred in india. it was claimed that deduction under s. 80-o is allowable on the receipt of income from abroad in foreign exchange and, therefore, the expenditure incurred in india is .....

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Jun 28 1999 (TRI)

Jagan Nath Gurbachan Singh Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Amritsar

Decided on : Jun-28-1999

Reported in : (2002)73TTJ(Asr.)878

..... tamper with the yield from raw-material used in the manufacturing process. of course, there has to be a scientific base for arriving at more rationale and scientific yield. often, it has been observed that this rationale is not being followed by the authorities below. we are of the opinion that it is the duty of the department to be equipped with .....

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Jul 14 1999 (TRI)

Gkw Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT West Bengal

Decided on : Jul-14-1999

..... , complications, litigations, etc., provisions of s. 80vva and s. 115j were given go-by but again the need was felt and the present s. 115ja was introduced with the same rationale. the present scheme is more or less a replica of the provisions of s. 115j with certain important changes such as losses shall not include depreciation and book profit shall ..... rendered inoperative with effect from the asst. yr.1991-92 by an amendment made to sub-s. (1) by the finance act, 1990 w.e.f. 1st april, 1990. the rationale offered by the government for the introduction of s. 115ja remains the same as was given when somewhat similar provisions were introduced for the first time by the finance act .....

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