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Judgment Search Results Home > Cases Phrase: coercion indian contract act Court: income tax appellate tribunal itat delhi Page 1 of about 12 results (0.107 seconds)

Apr 27 1989 (TRI)

income-tax Officer Vs. Dalmia Dairy Industrses Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)31ITD549(Delhi)

..... in respect of, such deduction. (2) the provisions of sub-section (1) apply to the following taxes, namely- section 72 of the indian contract act, on the other hand reads as under: 72. liability of person to whom money is paid, or thing delivered by mistake or under coercion - a person to whom money has been paid, or anything delivered by mistake or under ..... any fiduciary relation with respect to its customers.26. even if any liability may arise against the assessee by virtue of section 64a of the sale of goods act or section 72 of the indian contract act, that would not be a statutory liability. such a liability would be merely contractual liability and, as shown above, a person who comes forward to make a ..... dispute regarding liability for loss in forward transaction the loss was allowable in the year in which the dispute was settled.27. section 72 of the indian contract act and section 64a of the sale of goods act do not automatically raise an enforceable demand against the assessee. at the most, they give a right to a purchaser to make a claim for refund ..... mills to the government had been passed over to the customers and it was for this reason that they were not entitled to the refund. regarding section 72 of the contract act, the hon'ble high court observed that the object thereof is restoration of money or thing to the real or proper owner and the person making claim under section 72 .....

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Dec 05 1984 (TRI)

A.P. Jaiswal Vs. Gift-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)11ITD703(Delhi)

..... after the marriage can be included in the husband's income under the provisions of section 16(3)(a)(iii) of the indian income-tax act, 1922 ('the 1922 act'). in that case, it was also held that since it was not possible to determine the adequacy of such consideration marriage could ..... have been assigned to the expression 'adequate consideration'. a mere promise to marry, though it may be good consideration to support the validity of a contract, cannot, therefore, be regarded as one for adequate consideration. simply because the shares were transferred having regard to the obligations of the assessee under the ..... marry may be good consideration for a contract, but it cannot be regarded as an adequate consideration. so far as the meaning of the expression 'adequate consideration' is concerned, it was held ..... , is a holy union for the performance of religious duties. it is treated as a 'sanskar' or as a sacrament. it is not a contract. in the case of tulsidas kilachand (supra), it was held by the supreme court that though natural love and affection or even a promise to ..... the transfer or conversion of any property referred to in section 4 of the act deemed to be a gift under that section. the word 'voluntarily' here means 'willingly without compulsion', unfettered by influence or intercession, misrepresentation or coercion, force or fraud. we have already seen that the said transfer of shares .....

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Nov 30 2007 (TRI)

Ms Mayawati Vs. Dy Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113TTJ(Delhi)178

..... the word consideration in section 122 of the transfer of property act is used in the same sense as the term is defined in the indian contract act section 4 of the transfer of property act provide that the chapters and sections of this act which relate to contract shall be taken as part of the indian contract act, 1972. accordingly, the word consideration in reference to transfer of ..... in english law the term 'consideration' bears the meaning given to it in the classical judgment of currie v. misa (2). although indian contract act does not say that consideration must be good or valuable to sustain a contract, it has, however always been understood that consideration means something which is of some value and is not illusory. in the light of ..... property consideration, has to be read in the light of its definition given in indian contract act. it is indisputable that ..... the assessing officer has not been able to show that the gifts were not voluntary or that the same were obtained by the donee, by exercising some undue influence, coercion or temptation. the facts that these gifts are made out of natural love and affection by the donors thus remains unquestioned and uncontroverted.15.7. the assessing officer, as .....

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Aug 18 2006 (TRI)

Mange Ram Mittal Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... 158bb(1) is not required to be conclusive evidence and the same may be supplemented by such material and information that would be wholly inadmissible under the provisions of indian evidence act. we have also pointed out that in income-tax proceedings it is generally not possible to expect the assessing officer to lay his hands on direct evidence of ..... frame the assessee. no evidence has been brought on record apart from selfserving statements of the deponents that the statement given by them on the earlier occasion was under coercion and undue pressure. the learned assessing officer has also commented upon these affidavits in detail in paragraph 85 of the impugned order. where a statement is recorded under the ..... of the assessing officer would appear erroneous. the affidavit of sarva/shri satpal, chandra bhan and subliash chander clearly stated that the assessee was not a licensee of the liquor contracts or vends allotted or auctioned by the haryana excise department. however, the assessing officer while passing the impugned order did not even mention, leave aside consider, that relevant ..... of fact and unless there was adequate material such statements were required to be acted upon. the commissioner departmental representative further argued that mere allegation that the statements were recorded under coercion and threats was not enough and it was necessary to prove the actual existence of such coercion or threat. in support of this contention, she relied upon the decisions .....

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Aug 18 2006 (TRI)

Mange Ram Mittal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)103ITD389(Delhi)

..... section 158bb(1) is not required to be conclusive evidence and the same may be supplemented by such material and information that would be wholly inadmissible under the provisions of indian evidence act. we have also pointed out that in income-tax proceedings it is generally not possible to expect the ao to lay his hands on direct evidence of undisclosed income ..... frame the assessee.no evidence has been brought on record apart from self-serving statements of the deponents that the statement given by them on the earlier occasion was under coercion and undue pressure. the learned ao has also commented upon these affidavits in detail in para 85 of the impugned order. where a statement is recorded under the provisions of ..... of finance bill reported in (1988) 68 ctr (st) 95 : (1988) 170 itr (st) 187. it was experience of the department that association of persons specifically constituted to take auction contracts for sale of liquor were difficult to be tracked thereafter. real persons took licence in benami names and floated front associations of persons for short period. ex parte assessments made ..... of fact and unless there was adequate material such statements were required to be acted upon. the cit departmental representative further argued that mere allegation that the statements were recorded under coercion and threats was not enough and it was necessary to prove the actual existence of such coercion or threat. in support of this contention, she relied upon the decisions in video .....

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Feb 28 1986 (TRI)

Sheo Prasad Singhal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1986)16ITD167(Delhi)

..... revision petition was, however, dismissed on 6-4-1977.9. the state government in the meantime had also filed an application under section 33 of the indian arbitration act with the allegation that there was no valid reference for arbitration and that the reference to shri h.s. mathur was as such illegal and without ..... sent a notice under section 80 read with sections 8 and 20 of the indian arbitration act to the state of rajasthan, claiming that a sum of rs. 1,20,130.51 was still due to him in respect of the aforesaid contract.the assessee further claimed that the said amount along with the interest due thereon ..... , the assessee moved an application before the civil judge, agra under the indian arbitration act as suit no. 37 of 1965. the state of rajasthan opposed this application on the plea that there was no clause providing for arbitration in the contract contending that clause 25 referred to above did not provide for any arbitration. ..... to the said state of rajasthan, claiming that a sum of rs. 1,20,130.50 was still due to him in respect of the aforesaid contract and that this amount together with interest of rs. 11,820.30 ..... contract was completed in or about may 1963 and the past payment of rs. 1,032.56 was received by the assessee on 11-5-1964. in january 1965, the assessee sent a notice under section 80 of the code of civil procedure 1908 read with sections 8 and 20 of the indian arbitration act .....

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Jan 27 2006 (TRI)

Sukh Ram Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)99ITD417(Delhi)

..... or partly income or property which has not been, or would not have been, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act by any person from whose possession or control such assets have been taken into custody by any officer or authority under any ..... followed by arrest of the assessee and there being nothing on record to show or even suggest/indicate that the said statement was recorded under coercion or pressure, it can reasonably be held that the cash in question found from his residence during the course of search was in the ..... 'nat', and 'nata' was the name of shri mahender nahata, managing director of m/s. himachal futuristic ltd., a company which had executed telecom contracts worth several crores of rupees during the tenure of the assessee as minister of telecommunication. in his examination on oath recorded by the assessing officer, shri mahender ..... assets are requisitioned under section 132a, in the case of any person, then,-- 158ba. (1) notwithstanding anything contained in any other provisions of this act, where after the 30th day of june, 1995 a search is initiated under section 132 or books of account, other documents or any assets are ..... it has been held that loss from seizure of heroin possessed by a doctor in contravention of the provisions of narcotic drugs and psychotropic substances act could not be allowed as business expenditure in view of explanation to section 37.50. the other contention raised by the learned counsel for the .....

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Apr 28 2006 (TRI)

Asian Hotels Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101ITD247(Delhi)

..... the assessee on repairs to building was paid to m/s. tirath ram ahuja (hereinafter referred to as "tra") in accordance with the civil contract given to them for renovation of the building. for that purpose the controlling international organization of hyatt brand name situate in hong kong issued broad drawings ..... and claimed as revenue is similar to the expenditure allowed in the cases of cit v. dasa prakash 114 itr 210 by madras high court and indian hotels co. ltd. v. iac 34 ttj 526 by it at, bombay. in the former case, expenditure incurred on plywood panelling, plaster moulding ..... to be current repairs, viz., accumulated repairs etc., the assessee may claim deduction thereof under the provisions of general section 37(1) of the act. however, under no circumstances an expenditure of capital nature incurred by the owner on the building premises used by him for the purpose of business ..... ), hon'ble supreme court have held that expenditure on repairs other than current repairs can be allowed as deduction under the general provision of the act but in that case hon'ble supreme court have emphasized that there is embargo against allowance of a capital expenditure. thus, even if accumulated repairs ..... namely, that the expenditure was capital in nature and, therefore, in any event, would not have been entitled to deduction under section 37 of the act. question no. 3, therefore, is also answered in the affirmative and in favour of the revenue.32. from the various judgments cited in the foregoing .....

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Jan 27 2006 (TRI)

Smc Share Brokers Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)109TTJ(Delhi)700

..... transactions were genuine and were entered into normal course of business in its books of account. the details of each transactions are entered into contract notes.65.1 on consideration of the entire material and relevant circumstances and on the basis of the authorities cited above, the entry regarding ..... declarations are altogether missing in subsequent statements recorded on following dates: (in this statement even the mandatory clause that the statement made without any pressure, coercion etc. is also missing) from the above facts r/w facts as stated vide pt. no. 1-6 above, it is thus abundantly clear ..... books of account regularly kept in the course of business. such evidence would, therefore, be outside the purview of section 34 of the evidence act, 1872. we are, therefore, of the considered opinion that the revenue would not be justified in resting its case on the loose papers and ..... satisfaction note dt.26th nov., 2002 has been made after more than three months of the completion of the assessment under section 158bc of the act, the proceeding initiated on the basis of this satisfaction note cannot be legally justified. in support of this submission, the learned counsel for the ..... no requirement under law for recording of satisfaction before the conclusion of the assessment proceedings in the case of persons searched under section 132 of it act and satisfaction can be recorded even after passing of the assessment order under section 158bc in the case of person searched.14. we have .....

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Jun 28 1996 (TRI)

Degremont India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)59ITD423(Delhi)

..... etc. the legislature itself has drawn a spcific distinction between the civil construction and other types of works contract like mining contracts or engineering contracts as is evident from the various decisions, sections contained in the provisions of it act as have been referred to hereinbefore while discussing the arguments submitted by the assessee.the appellant company had ..... manufacturing, supplying, erecting and instalment of effluent treatment plant (hereinafter referred to as etp). the activities carried on by the assessee as per the terms of contracts executed with the customers briefly consists of the following : (a) designing and engineering of the etp after collecting effluent samples and slabs or pilot plant studies ..... electrical installation, packaging, forwarding, loading and unloading, transportation, storage at site, erection, supervision, insurance charges, etc., now hereinafter referred as part ii. however, works contract tax will be paid by the purchaser as applicable." "the remaining balance of 10 per cent is to be retained by the purchaser shall be released upon which ..... design, construction, erection, operation and maintenance of waste water systems in india. this agreement was subject to obtaining of the final consent and approval by the relevant indian government authorities. the said agreement contains various clauses relating to the following aspects :9. miscellaneous clauses 13exhibitsexhibit a - description of applications of the 16know-howby 17df .....

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