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Latest Cases Home > Latest Court: income tax appellate tribunal itat ahmedabad Page 6 of about 1,147 results (0.416 seconds)

Mar 24 2006 (TRI)

Baroda Cricket Association Vs. Ito, Ward 5(1) Baroda

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)8SOT735(Ahd.)

This is an appeal filed by the assessee directed against the order of the Commissioner (Appeals)V, Baroda "Commissioner (Appeals)" dated 2-9-2005, and the assessment year under reference is assessment year 2002-03.The only issue relates to the eligibility for exemption, or otherwise, of an expenditure in the sum of Rs. 2.40 lakhs laid out by the assesseeAssociation, assessed as an assessing officer, and formed in the year 1937 for the promotion of the game of cricket in the areas falling within its jurisdiction, on distribution of mementos on the occasion of the Diamond Jubilee of the Association.The assessing officer found, with reference to section 11(1)(a) of the Income Tax Act, 1961 ("Act" hereinafter referred to) that the said sum cannot be considered to have been applied to any charitable purpose, as it did not lead to the fulfilment of any object of general public utility, which, the promotion of the game of cricket, qualifies to be (so as to fall within the definition of chari...

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Mar 10 2006 (TRI)

Assistant Cit, Special Range-1 Vs. Abir Chemicals Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)8SOT29(Ahd.)

In this appeal the revenue has taken the following effective grounds of appeal "The Learned Commissioner (Appeals) has erred in law and on facts of the case in: (1) directing to allow interest expenses of Rs. 54,16,190 out of disallowance of pre-operative expenses.(2) directing to exclude sales tax and excise duty, service charges, commission, conveyance charges and miscellaneous receipts from the total turnoverwhile calculating deduction undersection 80HHC." Ground No. 1 relates to the deletion of the disallowance made in respect of the interest amounting to Rs. 54,16,190 shown by the assessee under the pre-operative expenses in the balance sheet but claimed as deduction under section 36(1)(iii) of the Income Tax Act while computing the net taxable income. The assessing officer was of the view that this expenditure has to be treated as capital expenditure but when the matter went before the Commissioner (Appeals), the Commissioner (Appeals) deleted the addition by observing in para 5...

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Mar 10 2006 (TRI)

Shri H.D. Acharya Vidyottejak Vs. the Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2007)104ITD268(Ahd.)

1. This is an appeal filed by the assessee, and is directed against the order of the CIT(A) dated 9^thJune, 2003 for Asst.Year 1997-98. 1. The learned Commissioner of Income-tax (Appeals)-XXI, Ahmedabad has erred in law and on facts by confirming that the learned Assessing Officer is justified in holding that the Appellant was not entitled to exemption Under Section 10(22) of the Income-tax Act, 1961. 2.The learned Commissioner of Income-tax (Appeals) has erred in law as well as on facts by holding that for the relevant period the Appellant Trust is not registered Under Section 12AA of the I.T. Act, 1961, in accordance with the amended provisions of Section 12AA which came into effect from 1-4-1997, inspite of the fact that the Appellant Trust was duly registered Under Section 12A(a) of the I.T. Act, 1961, very much before the amended procedure for registration as per Section 12AA came into force. 3. The learned Commissioner of Income-tax(Appeals) has erred in law as well as on facts ...

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Feb 10 2006 (TRI)

Joint Cit, Spl. Range-1 Vs. Aaspas Investment (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)8SOT142(Ahd.)

This appeal is filed by the revenue against the order of Commissioner (Appeals)-V, Ahmedabad dated 2-8-1999 for the assessment year 1996-97."The learned Commissioner (Appeals) has erred in law and on facts in deleting disallowance of depreciation of leased plant and machinery." The facts noticed from order of Commissioner (Appeals) are that the assessing officer observed that the assessee-company had claimed depreciation on "Solid Waste Recycling and Recovery System" given on lease amounting to Rs. 25 lakhs. It was claimed that it was purchased from M/s. A-One Industries, Churchgate, Mumbai and given on lease to M/s. Vipla Organic Pvt. Ltd. (VOPL), Medak (A.P.). The assessee-company in support of its claim had produced before the assessing officer a proposal dated 15-9-1995 addressed to the assessee from Vipla Organic Pvt. Ltd. to obtain the particular asset on lease, proforma invoice dated 31-8-1995 and bill dated 22-9-1995 for purchase of this asset from M/s. A-One Industries in the...

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Jan 31 2006 (TRI)

Deputy Commissioner of Vs. Grey Cast Foundry Works

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)99ITD515(Ahd.)

1. This is an appeal filed by the revenue and is directed against the order of CIT(A) dated 29-7-1999 for assessment year 1992-93. 1. The Id, CIT(A) has erred in law and on facts in holding that penalty under Section 271(1)(c) was not leviable on the amount of Rs. 8,70,941 being the amount of cash sales of copper scrap.3. The return of income originally was filed at Rs. 4,94,458 on 23-10-1992 which was processed under Section 143(1)(a) on 18-12-1992 accepting the returned income. Notice under Section 143(2) was issued for the first time on 12-11-1992 for 25-11-1992 - (sic) on which date none appeared on behalf of the assessee. A second notice was issued on 30-11-1993 fixing the date of hearing on 10-12-1993. The assessee was required to submit the gross profit rate with the comparative figures of three years and from the details Assessing Officer found that GP rate for the year under consideration was at 8.45 per cent as against 11.16 per cent of immediate preceding year. The assessee...

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Jan 13 2006 (TRI)

Gandhi Service Station Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)100TTJ(Ahd.)1143

1. This is assessee's appeal against order of CIT(A) dt. 14th Sept., 2005. Sole ground raised in the appeal is as under : 1. On the facts and in circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming action of the AO in levying penalty of Rs. 11,40,780 under Section 158BFA(2) of the IT Act, 1961 without providing reasonable opportunity to the assessee.2. Brief facts are - assessee is partnership firm and running petrol pump at Kadodara. In one of the partner's, Shri Ashikali Narsinh ("AN" for short) residence, search and seizure operation under Section 132 were carried out on 29th June, 1999. Search was not carried out in assessee's premises, however, a rough cash book was found at the residential premises of said AN, therefore, AO took proceedings under Section 158BD by issuing a notice on 31st May, 2001. After search, the said rough cash book recovered from premises of AN was compared with regular books of the assessee firm which tallied....

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Jan 13 2006 (TRI)

Palitana Sugar Mills (P.) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)99ITD565(Ahd.)

1. This appeal has been filed by the Assessee against the order of the Assessing Officer passed under Section 154 of the Income-tax Act, 1961 by which the Assessing Officer withdrew the deduction allowed to the assessee for a sum of Rs. 1.5 crores in the assessment order passed under Section 158BD read with Section 158BC, dated 29-5-1998.2. The brief facts of the case was that there was search and seizure under Section 132 of the Act in the case of Shri Nilesh B. Patel, Director of the company in which various documents were seized relating to the assessee-company, therefore, a notice under Section 158BD read with Section 158BC was issued on 2-5-1997 to the assessee. The assessments under Section 158BD read with Section 158BC was completed in the case of the assessee on 29-5-1998 working out the undisclosed income at Rs. 1,93,42,629 while working out the undisclosed income, the assessee pointed out that it made disclosure under Section 65 of the VDIS, 1997 before the CIT for a sum of ...

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Jan 06 2006 (TRI)

Pankaj Savailal Patel Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)100ITD237(Ahd.)

1. These are assessee's appeals against order of CIT(A) dated 15-2-2000. Detailed grounds have been raised by assessee, thereafter, assessee has filed following concise grounds: 2. That interpretation of Section 163(1)(c) is wrongly made by CIT(A); 3. On merits, assessee's brother was in receipt of assessee's incomes; 4. That levy of interest under Section 234A, B & C is unwarranted for want of reasons; 5. In view of absence of tax-working, etc., in ITNS 150, assessment be quashed.2. Brief facts are-assessee is a non-resident staying in USA since 1965 and assessed in India under income-tax and wealth-tax in the status as non-resident. Assessee's brother Shri Vijay S. Patel (for short "VSP") is holder of Power of Attorney (for short "POA") from assessee and is looking after taxation, property and other matters. While finalizing assessee's assessment for assessment year 1994-95, Assessing Officer was of view that interest income has escaped assessment in respect of assessment years ...

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Dec 30 2005 (TRI)

Additional Commissioner of Vs. New Nandi Seeds Corpn.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)99ITD702(Ahd.)

1. In this appeal, the Revenue has objected to the Order of the CIT (Appeals)-II, Ahmedabad, dated 3-4-2001 passed for assessment year 1998-99 by way of following grounds:- 1. The ld. CIT(A) erred on facts and in law in allowing the claim of deduction under Section 80-I, relying on the decision in the case of ITO v. Navbharat Seeds (P.) Ltd. [1990] 32 ITD 703 (Ahd.), without appreciating that the facts of the said case are materially different from the facts of the assessee's case. 2. The learned CIT(A) erred on facts and in law in deleting the addition made on account of processing expenses, which includes processing expenses borne by the agriculturists and not by the assessee.3.1 The brief facts relating to the issue involved in this ground are that the assessee is carrying on business of manufacturing/ processing certified seeds as well as labelled seeds for Bajra crops had filed its return of income for assessment year 1998-99 declaring an income of Rs. 2,68,24,810 on 2-10-1998. D...

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Dec 23 2005 (TRI)

Gujarat Industrial Development Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)102TTJ(Ahd.)928

1. This is an appeal filed by the assessee and is directed against the order of CIT, Gandhinagar, dt. 19th Aug., 2003, passed under Section 12AA(1)(b)(ii) of IT Act, 1961.The following grounds are raised in alternative and without prejudice to one another: 1. The learned CIT, Gandhinagar, has grievously erred in reaching a conclusion that on facts and in law the appellant is not eligible to be registered as a trust/institution within the meaning of Section 12A of the IT Act, 1961. 2. The learned CIT has grievously erred in interpreting the statutory provisions of Sections 11, 12, 12A and 12AA of the IT Act, 1961 read along with the provisions of Gujarat Industrial Development Act, 1962 and on correct interpretation of the same, it be held that the appellant is legitimately entitled to benefit of Section 12A of the IT Act, 1961. 3. The learned CIT has further erred in holding that the appellant is a corporation body/company and its status cannot be considered as a public trust or chari...

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