AI Drafter 
TaxTMI 
TaxTMI 
TaxTMI 
2023 (5) TMI 214
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....of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 19.12.2016 by the ld. Income Tax Officer, Ward- 1(2), Muzaffarnagar (hereinafter referred to as ld. AO). 2. The assessee has raised the following grounds of appeal:- 1. That, the assessment order passed U/s 143(3) and the addition made are illegal, bad in law and without jurisdiction. The CIT(A) erred in upholding the same. 2. The addition/ disallowances made by the assessing officer are illegal, unjust, and highly excessive and are not based on any material on record by the assessing officer. The total income of the appellant has been wrongly and illegally computed by the assessing officer at Rs.82,87,845.00 as against NIL INCOME. The CIT (A) has erred ....
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....ustified by any material on record. 8. That the explanation given evidence produced, material placed and available on record has not been properly considered and judicially interpreted and the same do not justify the additions/ allowances made. 9. That the impugned Assessment Order passed by the Assessing Officer and order passed by CIT(A) are against the principles of natural justice and the same has been passed without affording reasonable and adequate opportunity of being heard. 10. That the interest U/s 234A & 234B has been wrongly and illegally charged as the appellant could not have foreseen the disallowances/additions made and could not have included the same in current income for payment of Advance tax. Th....
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....ur categories, the ld. AO proceeded to treat the status of the assessee as "Artificial Juridical Person". The ld. AO observed that assessee had failed to furnish the audit report, balance sheet, P & L account and details of the expanses claimed in the return. Accordingly, he held that the expenses claimed in return cannot be allowed. The ld. AO thereafter proceeded to treat the commission income of Rs. 80,61,086/- received from sugar mills and interest income of Rs. 2,26,759/- received from bank to be added back as income of the assessee in the status of "Artificial Juridical Person". The main contention of the assessee before ld. AO was that it had received funds under head 'road construction' from sugar mills as commission at the behest o....
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....961 for the assessment year 2006-07 against the order of the Tribunal dated 4.4.2012. The questions of law sought to be answered are hereunder; "1. Whether on the facts and circumstances of the case the Hon'ble ITAT is justified in confirming order of the CIT (A) that the Anshdan & Nirman Yojna Fund received for the sanctioned project and spent by the assessee is not forming part of total receipts by ignoring the fact that the assessee has not utilised these funds. 2. Whether on the facts and circumstances of the case the Hon'ble ITAT is justified in confirming order of the CIT (A) that Anshdan and funds for Nirman Yojna were given to the assessee for specific project of road construction and these funds have been ....
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....re, could not be termed as a revenue receipt so as to form part of the total income. Learned counsel for the respondents-assessee had relied on a decision of this Court in the case of Commissioner of Income Tax Vs. U.P. Upbhokta Sahkari Sangh Ltd. (2007) 288 ITR 106 (Allahabad) wherein a similar question had arisen with regard to the income of cane society and this Court has held hereunder; "8. From a perusal of the aforesaid findings, we are of the considered opinion that the amount in question was given by the State Government for specific purpose. It did not partake of the nature of income of the respondent-assessee. Even if it is to be treated as an income, it would not be liable to be taxed as it is stated that there ....