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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: income tax appellate tribunal itat ahmedabad Year: 2000 Page 1 of about 26 results (0.051 seconds)

Dec 20 2000 (TRI)

Smt. Farzana Farooq Desai Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Dec-20-2000

Reported in : (2002)74TTJ(Ahd.)507

..... 132.in order to understand the true meaning and scope of the expression "satisfied", we can make a useful reference to the commentary of income tax laws chaturvedi & pithisaria's edn. vol. 5 at page 8635. the relevant extract is reproduced hereunder : "satisfactionimport of,to be satisfied with a state ..... are reproduced hereunder : the assessee has challenged that she did not receive any notice under section 158bd and, therefore, the proceedings were bad in law and without jurisdiction.in this regard, kind attention is drawn to the proof of issue and service of notice as per the copy of notice ..... officer and restore the matter back to him for examination of the entire evidence and making a fresh assessment in accordance with the provisions of law.he, therefore, strongly urged that the assessment order should be set aside and the matter should be sent back to the assessing officer ..... , ahmedabad, under section 158bd read with section 158bb(1) of the income tax act is bad in law and without jurisdiction. in passing this order the assessing officer has failed to appreciate the following amongst others : (a) he ought to have appreciated that ..... by the deputy commissioner ahmedabad under section 158bd read with section 158bb(1) of the income tax act, 1961, on 29-12-1997.1. in law and in the facts as well as the circumstances of the appellant's case, the order passed by the deputy commissioner (assessment), senior representative 11 .....

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Dec 20 2000 (TRI)

Smt. Farzana Farooq Desai Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Dec-20-2000

..... submitted that like this, the assessee can prove that the entire amount of rs. 1,70,000 given by way of loan by her father-in-law stands fully corroborated by such payments made through cheques to moin association.19. as regards the investment in shares aggregating to rs. 1,00,05,687 ..... learned counsel submitted that moin association in their receipts have given the cheque numbers which will establish that cheques were given by the assessee's father-in-law directly to the said society for purchase of flat by the appellant. he drew our attention to receipt no. 133, dt. 13th nov., 1988 (p ..... 132.15. in order to understand the true meaning and scope of the expression "satisfied", we can make a useful reference to the commentary of income-tax laws chaturvedi & pithisaria's edn. vol. 5 at p. 8635. the relevant extract is reproduced hereunder: "satisfaction--import of,--to be satisfied with a state ..... written submissions are reproduced hereunder: the assessee has challenged that she did not receive any notice under section 158bd and therefore, the proceedings were bad in law and without jurisdiction. in this regard, kind attention in drawn to the proof of issue and service of notice as per the copy of notice issued ..... order passed by the dy. cit(asst.), s.r. 11, ahmedabad under section 158bd r/w section 158bb(1) of the it act is bad in law and without jurisdiction. in passing this order the ao has failed to appreciate the following amongst others : (a) he ought to have appreciated that the .....

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Jun 06 2000 (TRI)

Core Health Care Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Jun-06-2000

Reported in : (2001)70TTJ(Ahd.)490

..... relation to determination of the question relating to taxability of an expenditure under the provisions of the act. if on a true and correct interpretation of the relevant provisions of law, the assessee is entitled to deduction of a particular expenditure, manner and mode of making an entry in the books of account will not adversely affect the allowability thereof. ..... the explanation 8 to section 43(1) introduced subsequently. had the hon'ble high court examined the reasons which compelled the legislature to introduce explanation 8, certainly exposition of law with regard to allowability of interest under section 36(1)(iii) would have been different. he submitted that the question relating to capitalisation of interest about pre-production period as ..... thereby before such asset is first put to use such interest can be included in the actual cost of such asset. the assessee had followed the aforesaid procedure provided under law which is also supported by the principles of accountancy. the assessee did not claim the expenditure as revenue expenditure in the books of accounts.admittedly even according to the ..... the learned standing counsel then referred to the provisions of section 43(1), explanation 8, section 4 as well as section 145 and pleaded that there is no prohibition in law to treat expenditure on account of interest and other related expenditure incurred for the acquisition of additional machines and putting them into operation as capital expenditure and once having exercised .....

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Jun 06 2000 (TRI)

Core Health Care Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Jun-06-2000

..... relation to determination of the question relating to taxability of an expenditure under the provisions of the act. if on a true and correct interpretation of the relevant provisions of law, the assessee is entitled to deduction of a particular expenditure, manner and mode of making an entry in the books of account will not adversely affect the allowability thereof. ..... the explanation 8 to section 43(1) introduced subsequently. had the hon'ble high court examined the reasons which compelled the legislature to introduce explanation 8, certainly exposition of law with regard to allowability of interest under section 36(1)(iii) would have been different. he submitted that the question relating to capitalisation of interest about pre-production period as ..... thereby before such asset is first put to use such interest can be included in the actual cost of such asset. the assessee had followed the aforesaid procedure provided under law which is also supported by the principles of accountancy. the assessee did not claim the expenditure as revenue expenditure in the books of account.admittedly even according to the ..... the learned standing counsel then referred to the provisions of section 43(1) - explanation 8, section 4 as well as section 145 and pleaded that there is no prohibition in law to treat expenditure on account of interest and other related expenditure incurred for the acquisition of additional machines and putting them into operation as capital expenditure and once having exercised .....

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Jun 06 2000 (TRI)

Core Health Care Ltd. Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Jun-06-2000

..... or the system of accounting or the manner of making a book-keeping entry is not in conformity with the legal position, the provisions of law will prevail over the method of accounting or book-keeping entry or accounting standards. in the present case, the learned. a.m. observed ..... relating to taxability of an expenditure under the provisions of the act. if on a true and correct interpretation of the relevant provisions of law, the assessee is entitled to deduction of a particular expenditure, manner and mode of making an entry in the books of account will not ..... the term 'accrual' of income used in the companies act, as explained in the various accounting standards and as understood for the purpose of taxation laws in certain circumstances may have different meanings depending on the purpose of legislation, the context in which such expression has been used and on the interpretation ..... 43(1) introduced subsequently. had the hon'ble high court examined the reasons which compelled the legislature to introduce expln. 8, certainly exposition of law with regard to allowability of interest under s. 36(1)(iii) would have been different. he submitted that the question relating to capitalisation of interest ..... put to use such interest can be included in the actual cost of such asset. the assessee had followed the aforesaid procedure provided under law which is also supported by the principles of accountancy. the assessee did not claim the expenditure as revenue expenditure in the books of accounts. .....

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Jan 08 2000 (TRI)

Mahendra R. Patel (Huf) Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Jan-08-2000

Reported in : (2004)86TTJ(Ahd.)351

..... the hon'ble supreme court in tuticorin alkali chemicals and fertilizers ltd. (supra) that bank interest can be assessed under the head income from other sources holds the field as law of the land.for the reasons as aforesaid, we uphold the conclusion of the learned commissioner (appeals) and dismiss this ground.ground no. 3 pertains to deductions under section 32ab .....

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Jun 21 2000 (TRI)

ito Vs. Mehsana District Central Co-op.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Jun-21-2000

Reported in : (2004)87TTJ(Ahd.)313

..... rajasthan high court in the case of the same assessee as reported in (1987) 163 itr 213 (raj) (supra) was held to be no longer good law. the hon'ble rajasthan high court clearly and categorically has held as under : "simply because the permission was not taken from the registrar, co-op.societies, ..... society have been met, the surplus assets shall not be divided amongst its members but they shall be applied to any object described in the bye-laws of the society and when no object is so described to any object of public utility determined, by the general meeting of the society and approved ..... or dividend or otherwise distributed among its members : provided that member may be paid remuneration on such scale as may be laid down by the bye-laws for any services rendered by him to the society, (a) transfer an amount not being less than twenty five per cent of such profits to the ..... corresponding provisions in the m.p. co-op. societies act, namely, section 43 and section 44 clearly stipulate that the reserve funds under the m.p. law would be invested outside the banking business and would not from part of the circulating capital. according to the learned counsel, the investments made out of the ..... high court observed that its earlier decision in cit v. rajasthan co-op. bank ltd. (1987) 163 itr 213 (raj) cannot be considered to be good law in view of the judgment of the apex court. the learned counsel for the assessee, on the other hand, pressed into service the recent decision of the supreme .....

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Aug 25 2000 (TRI)

Gujarat Alkalies and Chemicals Ltd. Vs. Deputy Commissioner of Income ...

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Aug-25-2000

Reported in : (2002)82ITD135(Ahd.)

..... body of individuals, society, etc. except where such amounts are covered under clause (iv) or clause (v) of sub-section (1) of section 36 or as required by any other law for the time being in force.the learned counsel fairly conceded that the contributions to the fund and trust are not covered under clause (iv) or clause (v) of sub .....

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Mar 14 2000 (TRI)

Spectrum Construction Co. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Mar-14-2000

Reported in : (2001)77ITD153(Ahd.)

..... penalty by the assessing officer by applying the explanation (1). explanation (1) has been appended to clause (c) of section 271(1) by the taxation laws (amendment) act, 1975 w.e.f. 1-4-1976 by way of substitution of the original explanation which was earlier inserted by the finance act, 1964 ..... , they were prevented from doing so. secondly, all that section 110 of the evidence act does is that it embodies a salutary principle of common law jurisprudence which would be attracted to a set of circumstances that satisfy its conditions. we are of the opinion that this is the correct approach and ..... the handwriting of that person. this section incorporates into the income-tax act a well accepted rule of evidence which embodies a salutary principle of common law jurisprudence. a similar principle is enacted in section 110 of the indian evidence act which provides that "when the question is whether any person is ..... not belong to it. at this stage it would be relevant to mention that explanation ii appended to section 271(1)(c), introduced by the taxation laws (amendment) act 1974 provides for initiation and levy of penalty in situations where any receipt or deposit etc. is claimed by any person as attributable ..... positive evidence on record in support of the charge of concealment. the ld.counsel further added that the ld. cit(a) has misdirected himself in law and on facts in relying on section 132(4a) of the income-tax act for holding that amounts written in loose papers represent income of the .....

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Feb 15 2000 (TRI)

Gujarat Petrosynthese Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Feb-15-2000

Reported in : (2001)76ITD257(Ahd.)

..... tn the various judicial pronouncements of the apex court, cited earlier, it has been held that fiscal legislation should be viewed with greater latitude than laws touching civil rights such as freedom of speech, religion etc. there may be crudities and inequities in complicated experimental economical legislation but on that account ..... in the statutes merely on the ground of inequitable results. it has been observed in the classical treatise on statutory interpretation "craies on statute law" (7th edition at page 89) "the argument from inconvenience and hardship is a dangerous one and is only admissible in construction where the ..... "determination" signifies an effective expression of opinion which ends a controversy or a dispute by some authority to whom it is submitted under a valid law for disposal.the hon'ble gujarat high court in mohit shantilal shah v. cit[2000] 241 itr 28, while construing the word "determination" ..... determination" derivative from the verb to determine means "to settle or decide which in its literal sense in the context of law means to give a judicial decision."that is the meaning given to the word "determination" or "to determine" under the shorter oxford english dictionary ..... .black's law dictionary while referring to the word "determination" states, "the decision of a court or administrative agency. it implies an ending or finality .....

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