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Documents citing Eicher Tractors Ltd. vs Deputy Commissioner Of Income Tax on 4 October, 2002

Budhewal Co-Operative Sugar Mills Ltd. vs Deputy Commissioner Of Income Tax on 20 March, 2003

15. We have heard both the parties and carefully considered the rival submissions. As mentioned above, it is obvious that this issue is squarely covered by the decision of Tribunal (SB), Delhi, in the case of Eicher Tractors Ltd. v. Dy. CIT (supra) whereby referring to the provisions of Sub-sections (4) and (5) of Section 37, the Tribunal has field that the assessee is not entitled to claim deduction of the expenses incurred on guest house. Respectfully following the aforesaid order of the Tribunal, we uphold the order of CIT(A) and dismiss this ground of appeal of the assessee.
Income Tax Appellate Tribunal - Chandigarh Cites 37 - Cited by 6 - Full Document

Industrial Finance Corporation Of ... vs Deputy Commissioner Of Income Tax on 31 May, 2005

4. After hearing both the parties, we find that the decision of the CIT(A) is in line with the decision of the Special Bench of the Tribunal in the case of Eicher Tractors Ltd. v. Dy. CIT (2002), 77 TTJ (Del)(SB) 681 : (2003) 84 ITD 49 (Del)(SB). We accordingly sustain the decision of the CIT(A) on this ground and the ground of the assesses is hereby dismissed.
Income Tax Appellate Tribunal - Delhi Cites 17 - Cited by 3 - Full Document

Eicher Ltd. vs Deputy Commissioner Of Income Tax on 4 June, 2003

23. Apropos ground No. 1, it has been admitted on behalf of the assessee that this issue is squarely covered by the judgment of this special Bench in the case of Eicher Tractors Ltd. v. Dy. CIT in ITA No. 3033/D/1994 against the assessee. Copy of the order is placed on record at page Nos. 93 to 107 of the compilation of the assessee. Following the aforesaid order, we decide this issue against the assessee.
Income Tax Appellate Tribunal - Delhi Cites 30 - Cited by 1 - Full Document

Mangalya Trading And Investment Ltd. vs Deputy Commissioner Of Income Tax on 23 April, 2004

37. The aforesaid issue has been specifically considered by the Hon'ble Special Bench of the Tribunal in Lalsons Enterprises (supra), As stated earlier, the Special Bench of the Tribunal in Lalsons (supra), after referring to several orders of the Tribunal including that of the Vishal Exports 'Overseas Ltd. (supra) cited by the assessee before us, has held that the losses suffered by an exporter should be ignored by taking the same as 'nil' and the benefit of deduction under Section 80HHC should be made available to him with reference to the export incentives alone. We are fully conscious of the fact that the decision of a larger Bench of the Tribunal is required to be followed by the Division Benches.
Income Tax Appellate Tribunal - Mumbai Cites 26 - Cited by 6 - Full Document

West Coast Paper Mills Ltd. vs Joint Commissioner Of Income Tax on 21 June, 2005

2. In the appeals filed for the asst. yr. 1996-97 the first issue raised by the assessee-company is that of the disallowance of expenses pertaining to guest house/rest house amounting to Rs. 1,10,707. The expenses disallowed by the assessing authority, consisted of municipal taxes, repairs, maintenance, etc. pertaining to guest house/rest house. The allowability of expenses of above nature incurred for the maintenance of guest house has been considered by Special Bench of the Tribunal Delhi in the case of Eicher Tractors Ltd. v. Dy. CIT (2002) 77 TTJ (Del)(SB) 681 : (2003) 84 ITD 49 (Del)(SB). The Special Bench has held therein that Section 37(4) is a specific provision whereas Sections 30, 31 and 32 are general provisions and as the former overrides the latter, the expenditure relating to maintenance of guest house is not allowable as deduction in computing the taxable income of an assessee. In view of the above, we hold that the CIT(A) has rightly upheld the disallowance of Rs. 1,10,707. This issue is, therefore, decided against the assessee and accordingly, the relevant ground No. 11 is dismissed.
Income Tax Appellate Tribunal - Mumbai Cites 23 - Cited by 1 - Full Document

Indian Oil Corpn. Ltd. vs Dy. Cit, Special Range 2 on 23 June, 2005

8. The ground Nos. 2 and 3 pertain to disallowance of guest house expenses. Without conceding, the learned Counsel for the assessee was fair enough to admit that this issue is covered against the assessee by the ITAT, Delhi Special Bench decision in the case of Eicher Tractors Ltd. v. Dy. CIT (2003) 84 ITD 49 (Trib). Accordingly and respectfully following the precedent, the order of the learned CIT(A) on this issue is confirmed.
Income Tax Appellate Tribunal - Mumbai Cites 23 - Cited by 3 - Full Document

Assistant Commissioner Of Income-Tax vs Hinditron Services (P.) Ltd. on 25 November, 2005

However, we find that this issue is covered against assessee by the decision of Special Bench in Eicher Tractors Ltd. v. Dy. CIT [2003] 84 ITD 49 (Delhi), in which the above decision was also considered. The guesthouse expenses as such are disallowable by virtue of Section 37(3). In view of this, this issue is required to be decided in favour of revenue. However, the learned AR submitted that a sum of Rs. 80,625 has been recovered from its employees and directors who have used the guest houses and such recovery was treated as travel expenses and considered for disallowance. Therefore, in our view, this issue has to go to Assessing Officer to verify as to how much recovery has taken place in respect of rent of guest houses or expenses incurred in guest house other than travelling to guest houses. In other words, travelling to guest houses will not be treated as recovery for staying in guest houses. Thus, the rent recovered in respect of guest house or expenditure incurred while staying in guest houses will be excluded while making disallowance out of Rs. 2,65,002. This ground of revenue is set aside to the assessing officer. It is treated as partly allowed.
Income Tax Appellate Tribunal - Mumbai Cites 28 - Cited by 2 - Full Document
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