INCOME TAX OFFICER v. CHIPA FARID MOHD. KALUJI MOTIWALA
[Citation -1986-LL-1120-4]

Citation 1986-LL-1120-4
Appellant Name INCOME TAX OFFICER
Respondent Name CHIPA FARID MOHD. KALUJI MOTIWALA
Court ITAT
Relevant Act Income-tax
Date of Order 20/11/1986
Assessment Year 1984-85
Judgment View Judgment
Keyword Tags cross-objection • benami
Bot Summary: The appeal by the Revenue is directed against the order of the AAC granting registration to the assessee firm by accepting it as genuine. The AAC found that the assessee firm was duly constituted for the purpose of carrying on business with the capital introduced by the partners and had carried on business and the profits have been appropriated by the partners. He also found that the fact that another firm constituted by the relatives of the partners of the assessee firm carrying on the same line of business in the same premises and utilising the services of the employees of the assessee firm was not sufficient to hold that the assessee firm was a benami firm of the other firm. In this appeal, the contention of the Revenue is that though each one of the facts relied on by the ITO to doubt the genuineness of the firm may by itself not be significant. The cumulative effect was that this firm was under the control of the other firm and could not be regarded as genuine. After going through the orders of the authorities below, we are unable to agree with this contention of the Revenue because there is no clinching evidence to show that the assessee firm was only a facade of the other firm. In the circumstances, we accept the finding of the AAC that the assessee firm was genuine and it was entitled to registration.


appeal by Revenue is directed against order of AAC granting registration to assessee firm by accepting it as genuine. AAC found that assessee firm was duly constituted for purpose of carrying on business with capital introduced by partners and had, in fact, carried on business and profits have been appropriated by partners. He also found that fact that another firm constituted by relatives of partners of assessee firm carrying on same line of business in same premises and utilising services of employees of assessee firm was not sufficient to hold that assessee firm was benami firm of other firm. In this appeal, contention of Revenue is that though each one of facts relied on by ITO to doubt genuineness of firm may by itself not be significant. cumulative effect was that this firm was under control of other firm and could not be regarded as genuine. But after going through orders of authorities below, we are unable to agree with this contention of Revenue because there is no clinching evidence to show that assessee firm was only facade of other firm. In circumstances, we accept finding of AAC that assessee firm was genuine and, therefore, it was entitled to registration. cross-objection only supports order of AAC and is not competent. In circumstances, both appeals and cross-objection are dismissed. *** INCOME TAX OFFICER v. CHIPA FARID MOHD. KALUJI MOTIWALA
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