Skip to content


Latest Cases Home > Latest Court: income tax appellate tribunal itat chandigarh Page 2 of about 572 results (0.151 seconds)

Mar 21 2007 (TRI)

Glaxo Smith Kline Consumer Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)112TTJ(Chd.)94

1. We find it convenient to dispose of the above four appeals by a consolidated order since they relate to the same assessee and involve certain common issues.2. ITA No. 379/Chd/2004 is an appeal preferred by the assessee against the order of the CIT(A) dt. 27th Feb., 2004 pertaining to the asst. yr.1998-99. In this appeal the, assessee has preferred four grounds of appeal which we shall deal in seriatim. The brief background is that the appellant is a company incorporated under the provisions of the Companies Act, 1956 and is, inter alia, engaged in the manufacture and sale of food and health care products. For the assessment year under consideration, the appellant filed its return of income declaring income of Rs. 91,84,98,160, against which assessment was completed at an income of Rs. 1,05,53,211 (sic) after making various additions/disallowances to the returned income, which have been partly deleted by the CIT(A), against which the assessee is presently in appeal before us.3. The ...

Tag this Judgment!

Mar 20 2007 (TRI)

Sh. Rajiv Gupta Vs. the Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2008)297ITR1(Chd.)

1. We find it convenient to dispose of these two appeals of the assessee for assessment years 1997-98 and 1999-2000 by this consolidated order.2. The common issue involved in both the appeals is as to whether the Assessing Officer was justified in rectifying his earlier order passed under Section 143(3) for withdrawing the set off of brought forward long-term capital loss. We have heard the parties and perused the record.3. The relevant facts in this case are that the assessee had filed the return of income for assessment year 1996-97 declaring an income of Rs. 1,98,630/- on 24.12.1996. Capital loss of Rs. 2,41,759/- was also disclosed in the return of income. The said long term capital loss was not permissible to be set off against profits and gains of business and, therefore, the same was disclosed for the purpose of carry forward and set off in the subsequent assessment year. The Assessing Officer made assessment for assessment year 1996-9/ determining the income at Rs. 2,29,121/-....

Tag this Judgment!

Mar 16 2007 (TRI)

Shri Pardeep Kumar Dhir Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

1. The appeal of the assessee was heard by a Division Bench Since there is a difference of opinion between the Members of the Bench, the point of difference is being referred to the Hon'ble President Under Section 255(4) for nomination of a Third Member The point of difference is identified as under: Whether the credit for the tax deducted at source in the previous year is to be allowed in the assessment year relevant to the year in which deduction has been made or in the year in which the income is assessable to tax? 2. The appeal records along with dissenting order are enclosed herewith.(N.K. Saini) (M.A. Bakshi)Account Member Vice President 1. This appeal by the assessee I directed against the order of Ld.CIT(A)1, Ludhiana dated 2 8 2006. 1 That the Ld CIT(A)-1 has not considered the arguments advanced with reference to the deduction of TDS Even me written arguments have not been considered and the order or Ld. CIT(A)-1 is not speaking order. 2 (a) That the assessee is maintaining ...

Tag this Judgment!

Feb 28 2007 (TRI)

Harbans Lal Sarna Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)109TTJ(Chd.)861

1. This appeal of the assessee is directed against the order of the CIT(A) dt. 10th March, 2005 pertaining to the asst. yr. 1998-99. In the memo of appeal the assessee has preferred multiple grounds of appeal but essentially a solitary issue involved is with regard to the addition of Rs. 8,77,196 representing sale of jewellery which has been held to be unexplained.2. Briefly stated the facts are that the AO noted that the assessee had credited a sum of Rs. 8,77,196 as sale of jewellery to one M/s R.K.Exim (P) Ltd. (in short 'RKE'). The assessee claimed that he had declared such jewellery under the Voluntary Disclosure of Income Scheme, 1997 (in short the VDIS) which was later sold. A survey under Section 133A of the IT Act, 1961 (in short the Act) was conducted on the premises of RKE by the Investigation Wing, Delhi and search action under Section 132(1) was also carried out at the residential premises of one Shri Pardeep Kumar Gupta, director of RKE. On the basis of the information f...

Tag this Judgment!

Feb 28 2007 (TRI)

A.C.i.T. Vs. Ranbir Chemicals Industries Pvt.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2008)301ITR104(Chd.)

1. This appeal by the department is directed against the order of Ld CIT(A), Chandigarh dated 8.1.998. On the facts and in the circumstances of the case, Ld. CIT(a). Chandigarh vide her order dated 8.1.98 in Appeal No. 502/P/96-97 has erred in law and on the facts of the case in allowing claim of depreciation of Rs. 10,48,794.3. The Registry has pointed out that the appeal is barred by limitation by 8 years and 47 days. The department moved an application for condonation of delay stating therein that the Assessing Officer recommended filing of appeal before the IT AT vide his Office letter No 3038 dated 19.2.98 and that the Office of DCIT Range II, Chandigarh also recommended filing of appeal vide his Office letter No. 2435 dated 23.2.98 and the Ld. CIT, Chandigarh approved the filing of appeal vide order sheet dated 23.2.98. It has further been staled that the second appeal was not filed inadvertently possibly due to communication gap between the Office of Ld. CIT and the Assessing O...

Tag this Judgment!

Feb 26 2007 (TRI)

Master Capital Services Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)108TTJ(Chd.)389

1. This appeal by the assessee is directed against the order of learned CIT(A)-II, Ludhiana, dt. 7th Dec, 2005. That the order under Section 250(6) passed by the learned CIT(A), Ludhiana, is against law and facts on the file inasmuch as the learned CIT(A) was not justified to uphold the disallowance of Rs. 68,330 by holding the same in the nature of fees and penalty. The expenditure was incurred for running day-today business of the appellant company and could not be termed as any fine or penalty for infraction of any law.3. The relevant facts of the case under consideration in brief are that the AO during the course of assessment proceedings noticed that the assessee had paid following amounts on account of NSE violations and on account of fine and penalty: The AO asked the assessee to show-cause why those amounts should not be disallowed. The assessee submitted that the expenses were incidental to the business of the assessee and were compensatory in nature as such the expenses were...

Tag this Judgment!

Jan 31 2007 (TRI)

Assistant Commissioner of Income Vs. Varinder Agro Chemicals Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)107TTJ(Chd.)842

1. This appeal of the Revenue is directed against the order of the CIT(A), Ludhiana dt. 4th Aug., 2005 pertaining to asst. yr. 2000-01. In its appeal, the Revenue has assailed the order of the CIT(A) whereby the order passed by the AO under Section 154 of the Act has been cancelled insofar as it related to computation of income under Section 115JA of the IT Act, 1961 (in short 'the Act').2. Briefly stated, the facts are that assessment in this case was completed under Section 143(3) on 31st March, 2003 at 'nil' income. In the return of income, the assessee had claimed deduction under Section 80-IA with respect to its power co-generation unit to the extent of gross total income available i.e. Rs. 2,47,11,686. In the P&L a/c of the power co-generation unit, the assessee had computed profits at Rs. 3,30,44,329. At the time of assessment, the AO determined the gross total income before allowing deductions under Chapter VI-A at Rs. 3,42,68,514 and the amount of deduction under Section ...

Tag this Judgment!

Jan 29 2007 (TRI)

Assistant Commissioner of Vs. Aggarwal Construction Co.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)291ITR226(Chd.)

1. This appeal is by the Revenue challenging the order of the learned Commissioner of Income-tax (Appeals) dated June 22, 2004, on the following grounds: 1. That on the facts and circumstances of the case, the learned Commissioner of Income-tax (Appeals)-II, Ludhiana has erred both in law and on fact in the deleting the penalty of Rs. 1 lakh levied under Section 271A as the assessee failed to maintain books of account as per the provisions of Section 44AA of the Income-tax Act, 1961. 2. That on the facts and circumstances of the case, the learned Commissioner of Income-tax (Appeals)-II, Ludhiana has erred in holding that the Assessing Officer was having sufficient information for the making the assessment. On the contrary, the assessee was not maintaining such books of account which could enable the Assessing Officer to compute its income. 3. It is prayed that the order of the learned Commissioner of Income-tax (Appeals) be cancelled and that of the Assessing Officer may be restored. ...

Tag this Judgment!

Jan 29 2007 (TRI)

Assistant Commissioner of Income Vs. Aggarwal Construction Company

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)106ITD129(Chd.)

1. This appeal is by the Revenue challenging the order of the learned CIT(A) dt. 22nd June, 2004 on the following grounds: 1. That on the facts and circumstances of the case, the learned CIT(A)-II, Ludhiana, has erred both in law and on fact in the deleting the penalty of Rs. 1 lakh levied under Section 271A as the assessee failed to maintain books of account as per the provisions of Section 44AA of the IT Act, 1961." 2. That on the facts and circumstances of the case, the learned CIT(A)-II, Ludhiana, has erred in holding that the AO was having sufficient information for making the assessment. On the contrary, the assessee was not maintaining such books of account which could enable the AO to compute its income. 3. It is prayed that the order of the learned CIT(A) be cancelled and that of the AO may be restored. 4. The appellant craves leave to add or amend any grounds of appeal before the appeal is heard or disposed of.2. During arguments, we have heard Shri D.P. Dhankar, learned sen...

Tag this Judgment!

Jan 04 2007 (TRI)

The A.C.i.T. Vs. Sweety Traders

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)105ITD45(Chd.)

1. On account of difference between the two Hon'ble Members of Income-tax Appellate Tribunal, Chandigarh, B-Bench, the matter has been referred to me Under Section 255(4) for resolving the difference between the learned Members.2. According to the learned Judicial Member, the following question reflects the controversy: Whether on the facts and circumstances of the case, the learned Commissioner of Income-tax (Appeals) is justified in deleting the addition of Rs. 26,24,981/- made on account of payment of unexplained fabrication charges and unexplained investment in the purchase of yarn in the absence of non-production of books of account and other relevant material by the assessee.3. According to the learned Accountant Member the controversy is covered by the following question: Whether on the facts and in the circumstances of the case, the Assessing Officer was justified in making the addition in the block assessment on the basis of presumption that the assessee had made investment i...

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //