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Judgment Search Results Home > Cases Phrase: comparative chart of corresponding sections of 1983 act Court: income tax appellate tribunal itat pune Page 1 of about 5 results (0.593 seconds)

Mar 07 2003 (TRI)

Charbhai Bidi Works Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2003)87ITD189(Pune.)

..... ) it is shown that m/s thakur savdekar had debited rs. 56,80,748 as commission whereas the ao has not considered this in the comparative chart and has considered only the wages debited in the account of m/s thakur savdekar. if the commission amount is added to the wages debited by ..... keep such huge amount due from the assessee for months together. since in the documentary evidence furnished, few of them comprise of copies of the correspondence (and not the original documents) where even specific amount is also not mentioned, so it becomes all the more important to specifically look into this ..... the ao during hearing of the case or thereafter upto the date of assessment. besides, the documents at pp. 107, 108 and 109 are the correspondence by/with labour department in which there is no specific indication about the amount outstanding and even in the certificates/translation at pp. 110/111, ..... the assessee appealed to the learned cit(a) and submitted that the assessee had maintained regular books of account which had been audited under section 44ab of the act. it was further stated that proper quantitative particulars had been maintained and produced for verification of the ao. the purchases and sales were also ..... was placed on the decisions in the cases of godavan sugar mills ltd. v. cit (1985) 155 itr 306 (bom) and cit v. udhoji shrikisandas (1983) 139 itr 827 (mp). "i have given due consideration to the submissions of the appellant and the material on record. on perusal of the order, it .....

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Mar 30 2004 (TRI)

Burhani Trading Company Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2004)89TTJ(Pune.)823

..... that book results had been accepted in assessment year 1990-91 and assessment was made under section 143(3) of the act. the assessee also submitted that the trading results declared by it were also better as compared to the earlier years. the turnover disclosed by the assessee for the assessment year under ..... commodities as per supply stock register. however, he has not taken into consideration those items of stock as per the books which were more than corresponding stock shown in the supply register. in view of the explanation of the assessee mentioned hereinabove, the said supply stock register cannot be considered as ..... stock at rs. 5,50,117, he has taken into consideration only those accounts in which stock as per supply stock register was more than corresponding stock as per books. at the same time, the assessing officer has totally ignored commodities in whose case stock as per books was more ..... at the same time, the assessing officer has not taken into consideration those items of stock as per the books which were more than the corresponding stock shown in the supply register. it was vehemently argued that the stock register did not reflect the true position of the actual excess stock. ..... on the one hand and the closing stock shown in the supply act register did not tally with each other. the assessee also filed a chart before the commissioner (appeals) which shows the following picture : in view of the above chart, it was submitted that the difference in stock was only to the .....

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Dec 20 2004 (TRI)

Dcit Vs. Lab India Instruments P. Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2005)93ITD120(Pune.)

..... such question is in negative for the reasons given hereafter. it is true and correct total income of every person which is assessable under section 4 of the act. consequently, the tax collector is rather duty bound to collect the legitimate tax due on such total income neither a penny less nor a ..... company. if the assessee had done marketing on its own, it would not have earned anything against the commission received. assessee also (sic) copies of correspondence between lepl and the customers the ao rejected the legal contention of assessee and held that provisions of suction 40a(2)(b) were attracted. further, it ..... spent 20% as commission paid to labtek saving on possible establishment costs. then again the nature of activities/services rendered to p.e. are not comparable with the nature of services rendered for products of other foreign companies. in any case it is for the businessman to decide how best to organize ..... , the same need not be repeated. we have considered their submissions in the light of material placed before us. we have gone through the chart showing income and expenditure of assesses as well as labtek and the same is reproduced below:a) gross margin from trading 1,52,33,384 11 ..... 123d) commission/consultancy 20,86,980 35,415e) other administration expenses 1,04,30,528 3,40,421 including depreciation the perusal of the above chart shows that assessee is a high wage structure company while labtek is a low wage structure company. if assessee had to do all the work itself .....

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Jan 27 2000 (TRI)

Khopade Kisanrao Manikrao Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2000)74ITD25(Pune.)

..... held to be false and incorrect, they cannot form the basis for computing the true income under section 13. it may be pointed out that section 13 of the 1922 act corresponds to section 145 of the 1961 act and section 23(3) of 1922 act corresponds to section 143(3) of 1961 act.26. the assessing officer power of making the assessment includes the power to make an estimate of ..... . however, he had told only the names of employees of one shift and was silent on the employees of other shift. he drew our attention to a detailed chart of employees per month placed at page 2 of the paper book no. 1. he also drew our attention to pagar patrak register which was duly maintained by the assessee ..... the concurrence of the cit. there is no right of appeal to the department against it. thus, it is comparable to an order under section 263. it is held by the punjab and haryana high court in the case of cit v. jagadhri electric supply & industrial co. [1983] 140 itr 490/[1981] 7 taxman 56 that in deciding the appeal against order under ..... and she applied the same so as to cover the excess charged from one transaction with lesser amount transacted for another.9. the assessee had filed a chart with the revised return. taking up this chart, the assessing officer referred to transactions in gat no.46 and pointed out that there was large variation of sale rates for different plots in same .....

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Jan 27 2000 (TRI)

Khopade Kisanrao Manikrao Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Pune

..... patna high court in the case of m. a. rauf (supra) are the decisions in the context of s. 13 of indian it act, 1922, corresponding to s. 145 of the it act, 1961. as stated by us earlier, the provisions of s. 145 are not applicable to assessments made under s. 158bc which are ..... estimation. when estimation was justified, the basis of estimation was based on actual sale instances and evidence of market value in the form of comparable cases and valuation officer's report.in the case of the assessee before us, when the assessee accepted the receipt of on money in sale ..... of chapter iv. chapter iv provides computation of income under various heads. one of the heads is "profits and gains of business or profession". sec. 145 provides the manner of computation of income chargeable under the head "profits and gains of business or profession" and "income from other sources". ..... told only the names of employees of one shift and was silent on the employees of other shift. he drew our attention to a detailed chart of employees per month placed at p. 2 of the paper book no. 1. he also drew our attention to pagar patrak register which ..... incurred for construction of house property are as follows :------------------------------------------------------------------------asst. yr. accounting year confirmed total l/f no. of------------------------------------------------------------------------1985-86 5-11-1983 to 24-10-1984 23,401 23,4011986-87 25-10-1984 to 12-11-1985 58,100 81,5011987-88 13-11-1985 to 2 .....

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Jul 14 1997 (TRI)

Parakh Foods Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1998)64ITD396(Pune.)

..... of the assessee-company did not want to be involved in the business of exports on account of stringent provisions of the foreign exchange regulation act. the claim under section 80hhc, in our opinion, is the consequence of the decision of the male directors to carry on separate business in partnership and not the ..... to 20 to 25 bags. in the course of hearing, the bench had repeatedly asked the learned counsel for the assessee whether there was any comparable case claiming such higher percentage of loss in bardana, but he could not point out any such case. however, it was submitted by him that ..... packing. he relied on the decision of supreme court in the case eastern paper industries 43 elt 201 and the decision of the rajasthan high court [1983] elt 6 wherein it has been held that primary packing is part of direct cost. he also refuted the contention of mr.khandelwal by submitting ..... itself. once the profits are determined, then such profits are further to be computed as provided in section 29. profits on sale can be arrived at only after deducting the corresponding expenditure in respect of such sales. therefore, in our opinion, all the expenditure which are necessary in making the final product ..... to claim exemption under section 10b. on the contrary, separate business has been started with a meagre capital without any effort. he further pointed out that the profits of the firm have also been enjoyed by the assessee-company as there was free flow of funds. a chart has been furnished by .....

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Jan 18 1996 (TRI)

income-tax Officer Vs. Rifox Engg. India (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1996)57ITD466(Pune.)

..... not an agent of rifox. (m) the fact that the span was not the commission agent of the assessee is further made clear by the internal correspondence between steam process aids (rifox's agent) and rifox which was produced by shri chothia during his examination. (letter dated 9-10-1992 of steam process ..... the facts in the case before the supreme court were similar to the facts in the case before us. rather the assessee's case before us is comparatively weaker than that of the case of ferro alloys corpn. ltd. (supra) in the appeal before the supreme court. following are the prominent features of the ..... goods from another dealer and selling the same in the course of export out of the territory of india within the meaning of sub-section (3) of section 5 of the central sales-tax act, 1956. in the present case, it was span overseas p. ltd., which had furnished this certificate to rifox engg. (i) p ..... of india. all the requisite papers/data have to handed over to mr. uchil for further action. 3. span suggested rifox to prepare an activity chart and detailed estimates in order to ensure timely execution of this job. 4. it has also been clarified that the equivalent to specification of steel mentioned ..... , the remittance of sale proceeds in indian rupees was to be treated as remittance in convertible foreign exchange as per the cbdt press-note dated 22-6-1983. (xii) the sale proceeds were received from the russian party by the span not on its own behalf, but on behalf of the assessee. (xiii .....

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