Skip to content


Latest Cases Home > Latest Court: income tax appellate tribunal itat guwahati Page 2 of about 76 results (0.357 seconds)

Jun 05 2003 (TRI)

Assistant Commissioner of Vs. Gauri Kanta Barkataky

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2004)88ITD61(Gau.)

1. The appeal by the Department in ITA No. 188 (Gau.) of 1993 has been filed against the order dated 29-10-1992 of the DCIT (Appeal) for the assessment year 1988-89 and the appeals in ITA Nos. 11 to 13 (Gau.) of 1996 for the assessment years 1983-84 to 1985-86 have been filed against the consolidated order dated 25-09-1995 of the CIT(A). Since identical grounds of appeal are involved, the appeals are disposed of by this consolidated order for the sake of convenience. The following grounds of appeal have been raised :- For that the Deputy Commissioner of Income-tax (Appeals) erred in cancelling the protective assessment and holding that no part of the income of the appellant is assessable in the hands of Sri Ajit Barkataky and Shri Krishna Kanta Barkataky." 1. "For that the Commissioner of Income-tax (Appeals) had erred in law and in facts holding that there is valid HUF in existences assessable to tax and cancelling the protective assessment. 2. For that the Commissioner of Income-tax...

Tag this Judgment!

May 23 2003 (TRI)

Assistant Commissioner of Vs. Shri Debajit Bezbarua

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2004)89ITD387(Gau.)

1. This appeal preferred by the Revenue is directed against the order passed by the CIT(A) dated 25-11-1997 for the assessment year 1994-95 against which the assessee has filed cross objection supporting the order of the CIT(A). Both the appeal and the cross objection are disposed of by this common order for the sake of convenience.2. The brief facts of the case are that the assessee is an individual and drives income as partner in two partnership firms, namely, M/s.Hemkosh Stationers and M/s. P & D Traders. In this case there was a search on 25-8-1994 at the residential premises of the assessee in which certain cash and other papers/documents were found and seized by the Income-tax Department. In response to notice, the return of income was filed on 25-1-1996 declaring an income of Rs. 96,000/-. During the course of examination it was found by the A.c. that the assessee supplied two-in-one sets to S.C.E.R.T., Govt. of Assam, as a proprietor of the concern named M/s. Altron Electr...

Tag this Judgment!

Apr 30 2003 (TRI)

The Assam State Textbook Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2003)87ITD99(Gau.)

1. All these appeals relate to the asst. yrs. 1978-79, 1981-82 to 1988-89 and 1989-90 to 1992-93. In respect of the asst. yrs. 1989-90 to 1992-93 the Department is in appeal. In respect of other assessment years the assessee is in appeal before this Tribunal. The common point involved in all the 13 appeals is whether the assessee is entitled for exemption under Section 10(22) of the IT Act, 1961. Hence, we heard all the appeals together and disposing of the same by this common order.2. Mr. Uttam Kumar Barthakur, the learned counsel for the assessee, submitted that originally the assessee was known as "Board for Production of Textbooks and Research", Assam. His Excellency, the Governor of Assam, dissolved this Board by a notification dt. 26th July, 1972, and the assets and liabilities were placed in the newly constituted "The Assam State Textbook Production and Publication corporation Ltd". The learned counsel for the assessee submitted that the main object of the assessee is to do res...

Tag this Judgment!

Apr 30 2003 (TRI)

Thard Hardware Co. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2003)87ITD391(Gau.)

1. The assessee is in appeal against the order dt. 10th Jan., 1995 of the CIT(A) in the matter of on assessment made under sections 143(3) and 185 of the IT Act,1961 of the asst. yr. 1991-92.2. Ground Nos. 1 to 3 are directed against the CIT(A)'s order restoring the issue of registration of the firm to the file of the AO. The AO did not grant continuation of registration to the firm under Section 184(7) of the Act as he held that the Form No. 12, which was stated to have been filed on 28th June, 1991, was not signed by all the partners of the firm. The AO noted that the Form No. 12 was not available on record but it was claimed by the assessee that it had filed the same on 28th June, 1991 vide receipt No. 84, with a view to enquire the genuineness of Form No. 12 as to whether the same was signed by all the partners.The AO issued letters to all the partners to intimate if they had signed the Form No. 12 for the asst. yr. 1991-92. All the partners except one partner, namely Smt. Sarala ...

Tag this Judgment!

Jul 29 2002 (TRI)

Assistant Commissioner of Income Vs. Sardar Davinder Singh Kohli

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2003)80TTJ(Gau.)791

1.These are the three appeals filed by the Revenue for the asst. yrs.1992-93, 1993-94 and 1994-95. As the issue involved in all the three appeals are common the same are disposed of by this consolidated order. (i) The CIT(A) erred in law and in facts in directing the AO to accept the storage income as disclosed by the assessee at Rs. 58,000. (ii) The CIT(A) erred in law and in facts in directing the AO to allow interest of Rs. 43,077 payable to M/s Debidutt Poddar & Sons and other relevant expenses.3. We have heard the rival submissions and perused the orders of both the lower authorities in the light of the materials available on record. Briefly the relevant facts of the case are that the assessee owned a commercial property consisting of godown at basement, ground floor and first floor, The assessee had shown income from storage charges received from sundry parties for letting out of the basement as "income from other sources" and claimed therefrom various expenses incurred as d...

Tag this Judgment!

May 30 2002 (TRI)

Joint Commissioner of Income-tax Vs. Nowrangroy Metals (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2003)85ITD220(Gau.)

1 to 3. [These paras are not reproduced here as they involve minor issues.] 4. Another grievance of the department in all the appeals is pertaining to the depreciation on the flour mill building.5. As mentioned earlier, the assessee is running a flour mill. So, it was claimed that the building of the flour mill is a factory building, On the basis of a technical report, it was submitted that the said building is a plant. So, the depreciation at the higher rate was claimed by the assessee which was declined by the Assessing Officer.However, the CIT(Appeals) has allowed the claim of the assessee. / 6. From the record, it reveals that originally for the assessment year 1993-94 the assessee in its original return claimed the depreciation on building. Subsequently, the return was revised. The factory building was treated as a plant and higher rate of depreciation was claimed.During the course of argument, the learned Authorised Representative relied on a number of case laws where the buildi...

Tag this Judgment!

Apr 11 2002 (TRI)

income Tax Officer Vs. Pradip Kumar Rathi

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2003)85ITD309(Gau.)

1. These two appeals, one filed by the ITO, Ward 1(1), Guwahati and the other filed by the Addl. CIT, Range-1, Guwahati, are against the same order dt. 9th Nov., 1995, passed by the CIT(A) in the matter of order of penalty made under Section 271E of the IT Act for the asst. yr.1992-93. Since these two appeals involve similar issue, they are being disposed of by this common order.2. The Dy. CIT, Range-1, Guwahati, imposed a penalty of Rs. 45,782 under Section 271E of the Act for contravention of Section 269T of the Act as the assessee was found by the AO to have repaid the alleged two deposits in cash by contravening the provisions of Section 269T of the Act. The Dy. CIT made a discussion in his order that the assessee has repaid two deposits to Smt. Sarita Rathi and Shri Dushyant Rathi amounting to Rs. 22,632 and Rs. 23,150 respectively. It was contended by the assessee before the Dy. CIT that at no stage of time the payments of deposits were made in excess of Rs. 20,000 as detailed b...

Tag this Judgment!

Feb 08 2002 (TRI)

income Tax Officer Vs. Patkai Mining and Engg. Co. (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2002)82ITD109(Gau.)

1. By this appeal the grievance of the Revenue is that the CIT(A) was wrong in allowing depreciation for the purpose of book profit under Section 115J at rates higher than those specified in Schedule XIV to the Companies Act, 1956, and also that the CIT(A) was wrong in directing the AO to quantify the amount of unabsorbed depreciation and allow carry forward of the same in accordance with the provisions of Section 32(2) in contravention of the provisions contained in Sub-section (2) of Section 115J. In the instant case the assessee claimed a higher rate of depreciation than what is allowable under the Companies Act. The AO disallowed the same stating that depreciation as provided in Schedule XIV of the Companies Act is only allowable while computing book profit for the purpose of Section 115J. He, therefore, after adding back the depreciation claim of Rs. 57,06,878 allowed the depreciation of Rs. 34,52,030 and computed the book profit @ 30 per cent on the profit thus arrived.2. Before...

Tag this Judgment!

Feb 08 2002 (TRI)

Assistant Commissioner of Income Vs. Rayang Timber Products (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2002)82ITD73(Gau.)

1. This appeal is filed by the Revenue against the order of the CIT(A) directing the AO not to deduct the amount of capital subsidy from the cost of the assets while calculating depreciation allowance and against the direction of the CIT(A) to the AO to recalculate deduction under Section 80HH and Section 80-I of the IT Act, 1961, by treating the income from interest as business income. The third ground of appeal is general in nature inviting no comments.2. We have received a telegram from the respondent for adjournment of hearing which after due consideration was rejected because the case being very old one.3. In the case of CIT v. Multiplan India (P) Ltd. (1991) 38 ITD 320 (Del), the Tribunal, Delhi Bench, has observed that : "When the appeal is presented the same is accepted. Thereafter the concerned clerk in registry verifies whether accompanying documents are received or not and if not a memo is issued calling for the papers which are also required to be attached to appeal memo. ...

Tag this Judgment!

Dec 10 2001 (TRI)

Deputy Commissioner of Income Tax Vs. Brahmaputra Steels (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

1. This appeal is preferred by the Revenue in respect of the asst. yr.1990-91 against the order of the GIT(A).2. The facts of the case are that the respondent is a private limited company engaged in the business of manufacturing iron ingots from scrap. Detailed records are maintained for purchase of raw material and production of finished goods as required under Central Excise Act. The daily stock registers in respect of purchase of raw materials and production of finished goods are also verified regularly by the Central excise authorities as required under the relevant statutes. The assessee had also furnished weekly, fortnightly and quarterly returns before the Central excise authorities in respect of raw materials, production, etc. In the asst. yr. 1989-90, purchases made from 23 parties were not accepted by the AO, on the ground that these were not produced before the AO for verification. The additions made were deleted by the CIT(A) and the order of the CIT(A) was also upheld by ...

Tag this Judgment!


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