Motor General Finance Ltd. v. Commissioner of Income-Tax

DCIT, New Delhi vs. M/S. Central Warehousing Corp., New Delhi

In the result, all the appeals filed by the Revenue, i

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

…to an adverse inference to the effect that if produced they would have gone against assessee in terms of section 114 of the Evidence Act, 1872. This case had gone to the Supreme Court wherein the Apex Court returned the case to the High Court, as reported in 267 ITR 381 (SC) but did not comment upon the presumption raised u/s 114 of the Evidence Act. Thus, in such circumstances, when the assessee has not produced the primary bills/vouchers, it deserves to fail. As such, the assessee deserves to fail in ground of appeal No. 9.” 9.1 The learned Counsel before us referred to page 84 of the paper-book, which is com…

DCIT, New Delhi vs. M/S. Central Warehousing Corp., New Delhi

In the result, all the appeals filed by the Revenue, i

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

…to an adverse inference to the effect that if produced they would have gone against assessee in terms of section 114 of the Evidence Act, 1872. This case had gone to the Supreme Court wherein the Apex Court returned the case to the High Court, as reported in 267 ITR 381 (SC) but did not comment upon the presumption raised u/s 114 of the Evidence Act. Thus, in such circumstances, when the assessee has not produced the primary bills/vouchers, it deserves to fail. As such, the assessee deserves to fail in ground of appeal No. 9.” 9.1 The learned Counsel before us referred to page 84 of the paper-book, which is com…

DCIT, New Delhi vs. M/S. Central Warehousing Corp., New Delhi

In the result, all the appeals filed by the Revenue, i

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

…to an adverse inference to the effect that if produced they would have gone against assessee in terms of section 114 of the Evidence Act, 1872. This case had gone to the Supreme Court wherein the Apex Court returned the case to the High Court, as reported in 267 ITR 381 (SC) but did not comment upon the presumption raised u/s 114 of the Evidence Act. Thus, in such circumstances, when the assessee has not produced the primary bills/vouchers, it deserves to fail. As such, the assessee deserves to fail in ground of appeal No. 9.” 9.1 The learned Counsel before us referred to page 84 of the paper-book, which is com…

M/S. Central Warehousing Corporation, New Delhi vs. DCIT, New Delhi

In the result, all the appeals filed by the Revenue, i

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

…to an adverse inference to the effect that if produced they would have gone against assessee in terms of section 114 of the Evidence Act, 1872. This case had gone to the Supreme Court wherein the Apex Court returned the case to the High Court, as reported in 267 ITR 381 (SC) but did not comment upon the presumption raised u/s 114 of the Evidence Act. Thus, in such circumstances, when the assessee has not produced the primary bills/vouchers, it deserves to fail. As such, the assessee deserves to fail in ground of appeal No. 9.” 9.1 The learned Counsel before us referred to page 84 of the paper-book, which is com…

DCIT, New Delhi vs. M/S. Central Warehousing Corporation, New Delhi

In the result, all the appeals filed by the Revenue, i

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

…to an adverse inference to the effect that if produced they would have gone against assessee in terms of section 114 of the Evidence Act, 1872. This case had gone to the Supreme Court wherein the Apex Court returned the case to the High Court, as reported in 267 ITR 381 (SC) but did not comment upon the presumption raised u/s 114 of the Evidence Act. Thus, in such circumstances, when the assessee has not produced the primary bills/vouchers, it deserves to fail. As such, the assessee deserves to fail in ground of appeal No. 9.” 9.1 The learned Counsel before us referred to page 84 of the paper-book, which is com…

Central Warehousing Corporation, New Delhi vs. ACIT, New Delhi

In the result, all the appeals filed by the Revenue, i

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

…to an adverse inference to the effect that if produced they would have gone against assessee in terms of section 114 of the Evidence Act, 1872. This case had gone to the Supreme Court wherein the Apex Court returned the case to the High Court, as reported in 267 ITR 381 (SC) but did not comment upon the presumption raised u/s 114 of the Evidence Act. Thus, in such circumstances, when the assessee has not produced the primary bills/vouchers, it deserves to fail. As such, the assessee deserves to fail in ground of appeal No. 9.” 9.1 The learned Counsel before us referred to page 84 of the paper-book, which is com…

ACIT, New Delhi vs. Sh. Ashok Mittal, New Delhi

In the result, the appeals filed by the assessee are partly allowed, the

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2001-02 Shri Ashok Mittal, Ito, Ward- 24(3), 42, Sainik Farms, Vs. New Delhi. New Delhi. Pan : Aaspm6882C (Appellant) (Respondent) Assessment Year : 2001-02 Acit, Circle- 24(1), Shri Ashok Mittal, New Delhi. Vs. 42, Sainik Farms, New Delhi. Pan : Aaspm6882C (Appellant) (Respondent)

…adverse inference being drawn to the effect that if produced they would have gone against the assessee in terms of sec. 114 of the Evidence, 1872. It is clarified that this case had gone to the Supreme Court, wherein the Apex Court in the reported decision in 267 ITR 381 (SC) sent back the case to the High Court as certain facts had not been consideration. However, the Apex Court had not commented upon the issue of presumption raised u/s. 114 of the Evidence Act. Thus, the addition to the tune of Rs.5,40,000/- and Rs.1,42,972/- on account of Anil Sekhri and Architecture Autonomous are upheld. In other words, the…

Sh. Ashok Mittal, New Delhi vs. Addl. CIT, New Delhi

In the result, the appeals filed by the assessee are partly allowed, the

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2001-02 Shri Ashok Mittal, Ito, Ward- 24(3), 42, Sainik Farms, Vs. New Delhi. New Delhi. Pan : Aaspm6882C (Appellant) (Respondent) Assessment Year : 2001-02 Acit, Circle- 24(1), Shri Ashok Mittal, New Delhi. Vs. 42, Sainik Farms, New Delhi. Pan : Aaspm6882C (Appellant) (Respondent)

…adverse inference being drawn to the effect that if produced they would have gone against the assessee in terms of sec. 114 of the Evidence, 1872. It is clarified that this case had gone to the Supreme Court, wherein the Apex Court in the reported decision in 267 ITR 381 (SC) sent back the case to the High Court as certain facts had not been consideration. However, the Apex Court had not commented upon the issue of presumption raised u/s. 114 of the Evidence Act. Thus, the addition to the tune of Rs.5,40,000/- and Rs.1,42,972/- on account of Anil Sekhri and Architecture Autonomous are upheld. In other words, the…

ACIT, New Delhi vs. M/S. Ashok Mittal, New Delhi

In the result, the appeals filed by the assessee are partly allowed, the

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2001-02 Shri Ashok Mittal, Ito, Ward- 24(3), 42, Sainik Farms, Vs. New Delhi. New Delhi. Pan : Aaspm6882C (Appellant) (Respondent) Assessment Year : 2001-02 Acit, Circle- 24(1), Shri Ashok Mittal, New Delhi. Vs. 42, Sainik Farms, New Delhi. Pan : Aaspm6882C (Appellant) (Respondent)

…adverse inference being drawn to the effect that if produced they would have gone against the assessee in terms of sec. 114 of the Evidence, 1872. It is clarified that this case had gone to the Supreme Court, wherein the Apex Court in the reported decision in 267 ITR 381 (SC) sent back the case to the High Court as certain facts had not been consideration. However, the Apex Court had not commented upon the issue of presumption raised u/s. 114 of the Evidence Act. Thus, the addition to the tune of Rs.5,40,000/- and Rs.1,42,972/- on account of Anil Sekhri and Architecture Autonomous are upheld. In other words, the…

Ashok Mittal vs. ITO, Ward-24(3)

In the result, the appeals filed by the assessee are partly allowed, the

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2001-02 Shri Ashok Mittal, Ito, Ward- 24(3), 42, Sainik Farms, Vs. New Delhi. New Delhi. Pan : Aaspm6882C (Appellant) (Respondent) Assessment Year : 2001-02 Acit, Circle- 24(1), Shri Ashok Mittal, New Delhi. Vs. 42, Sainik Farms, New Delhi. Pan : Aaspm6882C (Appellant) (Respondent)

…adverse inference being drawn to the effect that if produced they would have gone against the assessee in terms of sec. 114 of the Evidence, 1872. It is clarified that this case had gone to the Supreme Court, wherein the Apex Court in the reported decision in 267 ITR 381 (SC) sent back the case to the High Court as certain facts had not been consideration. However, the Apex Court had not commented upon the issue of presumption raised u/s. 114 of the Evidence Act. Thus, the addition to the tune of Rs.5,40,000/- and Rs.1,42,972/- on account of Anil Sekhri and Architecture Autonomous are upheld. In other words, the…

Sh. Ajay Jain, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee in ITA No

Bench: Shri B.P. Jain

…e effect that if the documents produced they would have gone against the assessee in terms of section 114 of the Evidence Act, 1872. For the sake of clarification, it is mentioned that this case had gone to the Hon’ble Supreme Court, wherein the Apex Court in 267 ITR 381 (SC) sent back the matter to the High Court as certain facts had not been considered. However, the Apex Court did not comment upon the presumption raised under section 114 of the Evidence Act. In Cooper Engineering Ltd. v, CIT [1982] 135 ITR 597 (Bom), it was held that where details were not furnished by the assessee, the claim could be disallowe…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

…ctron Devices Ltd: 100 TTJ 706 (Del.) Hero MotoCorp Limited Vs. JCIT & DCIT Vs. Hero MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page 217 of 484 xiii. Motor General Finance Limited: 267 ITR 381 (SC) followed by Delhi HC in 272 ITR 550. xiv. Kumaragiri Textiles Ltd V. DCIT: 100 ITD 57 (Chennai) (TM) xv. CIT v. Reliance Utilities and Power Ltd.: 313 ITR 240 (Bombay HC) He further relied upon following decisions, wherein with respect to assessment years 2008-09 and onwards, it has been held that Rule 8D is not mandatory, if satisfaction i…

The Commissioner of Income Tax vs. M/S Gautam Motors

Bench: The Commissioner Of Income Tax (Appeals) Which Was Partly Allowed. Not Fully Satisfied With The Decision Of The Cit(A), The Assessee Approached The Income Tax Appellate Tribunal. The Department Also Filed Cross-Appeal Against The Order Of The Cit(A) Challenging The Additions Which Were Deleted

…in such an eventuality the question of establishing the nexus or the business expediency does not arise at all. 12. To the same effect is the judgment of the Supreme Court in the case of Motor General Finance Ltd. vs. Commissioner of Income-Tax [2004] 267 ITR 381. 13. In view of the aforesaid provisions of law, no substantial question of law arises. 14. The Department has also grievance in respect of certain „receipts not declared by the assessee‟. The Assessing Officer had observed that the assessee firm‟s account was credited by way of incentive credit notes aggregating to Rs.42,66,200/-, vehic…