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Latest Cases Home > Latest Court: income tax appellate tribunal itat guwahati Page 4 of about 76 results (0.135 seconds)

Mar 02 2000 (TRI)

Deputy Commissioner of Income Tax Vs. New Manas Tea Estate (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2000)73ITD157(Gau.)

1. The Department has filed this appeal against the order of the CIT(A), Guwahati, dt. 30th March, 1993, for the asst. yr. 1991-92, by which the additions made by the AO, as mentioned hereinafter have been deleted. The Department has assailed the order of CIT(A) on four grounds and ground No. 4 is general which requires no adjudication.2. In ground Nos. 1 and 2 the Department has assailed the order of the CIT(A) on the ground that the CIT(A) erred in law and in facts in deleting the disallowance of Rs. 2,66,682 made on account of the green leaves under s. 43B of the IT Act, 1961, and in deleting the addition of Rs. 60,000 on account of interest and bank charges by admit fresh evidence in violation of r. 46A of the IT Rules, 1962.3. The AO made the addition of Rs. 2,66,682 being the amount payable on account of cess to the Government of Assam through M/s. Assam Tea Corporation of account of purchase of green leaves from Bholaguri T.E.The AO had stated that the assessee did not pay the ...

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Jun 18 1998 (TRI)

Bongaigaon Refinery and Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1999)68ITD531(Gau.)

1. This is an appeal filed by the assessee-company against the order of CIT, N.E. Region, Shillong, dt. 19th March, 1997, passed under s. 263 of the IT Act, 1961.2. Briefly stated the facts of the case are that appellant company is a public sector undertaking engaged in refinery, petro-chemicals and polyster staple fibre. These different and separate units were set up and commissioned in the financial years 1979-80, 1985-86 and 1988-89, respectively. All these units produce different types of articles which are distinctly and separately identifiable. All these three separate units are situated in Dhaligaon, Bongaigaon District, Assam. The deduction under ss. 80-I and 80HH for petro-chemical unit prior to asst. yr. 1992-93, was not claimed as its net taxable income was nil and in view of provisions contained in s. 80A(2) of IT Act. For the asst. yr. 1992-93, the assessee-company filed its original return on 29th December, 1992, claiming deduction under s. 80HH amounting to Rs. 12,71,07...

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May 08 1998 (TRI)

Mahadeobari Tea Co. (P) Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Guwahati

This appeal is filed by the assessee against penalty order under section 271(1)(c) of the Income Tax Act, 1961 and the relevant assessment year involved is 1984-85.The brief facts of the case are that the assessee is a private limited company and the previous year relevant to the assessment year 1984-85 ended on 31-3-1984. Return of income was due to be filed on or before 30-7-1984. Ultimately the assessee filed return of income on 25-4-1985.The assessing officer initiated penal proceedings under section 274 read with section 271(1)(c) of the Act, 1961, in reply to which it was stated that extension of time for submission of return of income was prayed for upto 3-12-1984, Due to paucity of fund for payment of tax under section 140A of the Act, return could not be submitted in time.The assessing officer has stated that no such application for extention of time was submitted. He also found that the assessee had sufficient cash in hand, bank, etc. balances amounting to about Rs. 43-1/2 l...

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May 08 1998 (TRI)

Mahadeobari Tea Co. (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Guwahati

1. This appeal is filed by the assessee against penalty order under Section 271(1)(c) of the IT Act, 1961 and the relevant assessment year involved is 1984-85.2. The brief facts of the case are that the assessee is a private limited company and the previous year relevant to the asst. yr. 1984-85 ended on 31st March, 1984. Return of income was due to be filed on or before 30th July, 1984. Ultimately the assessee filed return of income on 25th April, 1985. The AO initiated penal proceedings under Section 274 r/w Section 271(1)(c) of the Act, 1961, in reply to which it was stated that extension of time for submission of return of income was prayed for upto 3rd Dec., 1984, Due to paucity of fund or payment of tax under Section 140A of the Act, return could not be submitted in time. The AO has stated that no such application for extention of time was submitted. He also found that the assessee had sufficient cash in hand, bank, etc. balances amounting to about Rs. 43-1/2 lakhs as on 31st Ma...

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Oct 29 1997 (TRI)

Assistant Commissioner of Vs. Tusnial Trading Co.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1998)66ITD286(Gau.)

1. This appeal by revenue for assessment year 1984-85 is directed against the order of the CIT(Appeals), Gauhati dated 10-11-1988 whereby he deleted the disallowance of Rs. 75,868 made by Assessing Officer under Section 43B.2. We have heard the arguments of both sides and also perused the records.3. Before proceeding on merits, we first take the matter of delay. This appeal by revenue has been filed with a delay of 804 days. The revenue has filed a petition for condonation of the delay. It has been mentioned in the petition that the copy of the appellate order was received on 27-12-1988 whereafter application for certified copy was made on 24-2-1989 which was not received up to the date of filing of appeal and so the appeal has been filed without a certified copy. The learned D.R. has contended that the reason for late filing of appeal is non-receipt of certified copy and so in fact there is no delay. He has also filed a photostat copy of written argument along with a copy of - ITO v,...

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Aug 20 1997 (TRI)

income Tax Officer Vs. Chunilal Jain

Court : Income Tax Appellate Tribunal ITAT Guwahati

1. This appeal is filed by the Revenue and the relevant assessment year involved is 1990-91. The appeal was marked as time barred by one day for which the AO has submitted condonation petition explaining the reason as to why the appeal could not be filed within the due date.2. Having heard the rival parties and considering the petition filed by the AO, the delay is condoned and the appeal is admitted.3. The first ground of appeal is against relief allowed by the first appellate authority amounting to Rs. 11,894 on account of electric charges and salary to chowkider and sweeper while computing income from house property.4. The assessee is an individual and the assessment order was passed under s. 143(3) of the Act. The assessee had income from house property, etc. While computing income from house property the assessee claimed expenses such as municipal tax, electric charges, salary to chowkidar and sweeper as well as miscellaneous expenses. The AO computed the income from house proper...

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Aug 11 1997 (TRI)

income Tax Officer Vs. Kailash Ch. Agarwalla

Court : Income Tax Appellate Tribunal ITAT Guwahati

1. This appeal is filed by the Revenue and the relevant assessment year is 1986-87. The appeal was marked as time-barred by 93 days for which the AO has submitted a petition for condonation of the appeal. The only reason for the delay was due to non-receipt of certified copy of the appellate order appealed against till the date of filing the appeal.Shri D. K. Biswas, the learned Departmental Representative, has submitted that the delay may be condoned in view of the explanation filed by the AO.2. Shri Sampat K. Jain, the learned counsel of the assessee opposed the condonation petition. It is stated that the long delay was not at all satisfactorily explained. Non-receipt of certified copy of the appellate order appealed against cannot be accepted as reasonable cause for the delay. It is submitted that the Tribunal, Gauhati Bench, Gauhati, in ITA No. 643 (Gau) and 644 (Gau) of 1991 dt. 12th December, 1996 in the case of ITO vs. M/s. Kamal & Associates considered similar petition and...

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Mar 07 1997 (TRI)

Vijay Gupta Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Guwahati

1. This appeal is filed by the assessee and the relevant assessment year involved is 1985-86.2. The first objection is against the order of the CIT(A) confirming the assessment order passed by the Assessing Officer ("AO" for short) where the income from M/s Meghalaya Timber Industry was estimated at Rs. 3 lakhs and the G.P. was estimated at 15 per cent of the estimated sales and allowing deduction of 1/3rd of the estimated GP as trading expenses.3. The brief facts of the case are that the assessee is an individual and the assessment order was passed under s. 143(3)/251 of the IT Act, 1961. The assessee filed return of income on 9th January, 1987 showing total income at Rs. 19,040 along with the computation of income, balance sheet and evidence of prepaid taxes. No P&L a/c or other details in respect of timber business was filed along with the return of income. In fact, it was stated by the AO that no proper account was kept by the assessee. On 8th May, 1987 a search under s. 132 o...

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Dec 10 1996 (TRI)

Commissioner of Income Tax Vs. Eastern Supply Corporation

Court : Income Tax Appellate Tribunal ITAT Guwahati

1. This reference application arises out of the order passed in M.A.No. 6(Gau) of 1993 whereby the order in ITA No. 190(Gau) of 1990 is recalled. The question set out for the esteemed opinion of the Hon'ble High Court is as under : "Whether on the facts and in the circumstances of the case the Tribunal has erred in law and in facts to recall its final order with a view to rectify the same under s. 254." 2. The brief facts are as under : Original order in this case was passed by the Tribunal on 3rd December, 1992 wherein it was held that the payment in cash amounting to Rs. 11,52,707 disallowed by the AO under s. 40A(3) is not genuine payment and accordingly confirmed the order of the AO. A miscellaneous application was filed by the assessee on the ground that there was no discussion whatsoever at any stage regarding genuineness of payment and thus the decision of the Tribunal gives rise to a mistake apparent from record. Accepting the miscellaneous application, the Tribunal recalled t...

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Nov 29 1996 (TRI)

Abc India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Guwahati

1. This appeal is filed by the assessee and the relevant assessment year involved is 1990-91. "1. That for the facts and under the circumstances the CIT(A), Guwahati, has erred in enhancing the total income on account of Budha statue contract by Rs. 43,20,360. 2. That for the facts and under the circumstances the CIT(A) has further erred in not deleting the addition of Rs. 26,60,476 as made by Dy. CIT in relation to aforesaid budha statue contract." 3. Briefly stated the facts of the case are that the assessee is a limited company and the AO made the assessment order under s. 143(3) of the IT Act, 1961. Return of income was filed on 28th Dec., 1990, showing total income of Rs. 66,73,100 which was subsequently revised by filing revised return of income on 27th June, 1991, showing total income at Rs. 67,51,100. The business of the assessee-company was transportation of goods as in the earlier years.4. The AO found that the assessee had a contract for transportation and installation of a...

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