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Judgment Search Results Home > Cases Phrase: income tax act Court: delhi Year: 1993 Page 1 of about 140 results (0.081 seconds)

Aug 27 1993 (HC)

Commissioner of Income-tax Vs. Sophia Finance Ltd.

Court : Delhi

Decided on : Aug-27-1993

Reported in : I(1994)BC499; 1993(27)DRJ385; ILR1994Delhi212; [1994]205ITR98(Delhi)

..... its decision in the case of standard cylinders [1988] 24 itd 504, set aside the order passed by the commissioner of income-tax under section 263 of the income-tax act. the findings of the income-tax appellate tribunal in this case are not accepted as the decision in the case of standard cylinders [1988] 24 itd 504, ..... refer the following reframed question to this court : 'was the tribunal right in setting aside the order of the commissioner under section 263 of the income-tax act and in holding that the assessment order of the assessed could not be said to be erroneous or prejudicial to the revenue ?'30. there will ..... . syali is right in contending that the aforesaid section merely codifies what was the state of law prior to its enactment. even when the indian income-tax act, 1922, was in force it had been held in all judicial pronouncements that if cash credits are found in the books of account of the ..... arises for our consideration is as to whether the question proposed is one of fact and whether it can be reframed.14. section 68 of the income-tax act, 1961, reads as under :68. where any sum is found credited in the books of an assessed maintained for any previous year, and the ..... on the facts and in the circumstances of the case, the tribunal was right in setting aside the order of the commissioner under section 263 of the income-tax act by holding that the assessment order of the company cannot be said to be erroneous and hence prejudicial to the revenue ?'6. vide order dated april .....

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Oct 28 1993 (HC)

Commissioner of Income-tax Vs. S. Avtar Singh Sandhu

Court : Delhi

Decided on : Oct-28-1993

Reported in : [1994]210ITR1038(Delhi)

..... on november 3, 1983, the supreme court directed refund of rs. 10,19,401. it is thereafter that notice under section 147(a) of the income-tax act was issued to the assessed seeking to reopen the assessment. 3. the tribunal came to the conclusion that there was no failure on the part of the ..... office as its share of unearned increase and a sum of rs. 5,03,149 was invested in the prescribed securities under section 54e of the income-tax act, 1961. 2. it appears that in september, 1978, the assessed filed a writ petition in the supreme court challenging the extent of the unearned increase ..... tribunal is legally correct in holding that the amount having been paid ex-gratia could not even be treated as the income of the assessed taxable under the income-tax act?' 5. the income-tax appellate tribunal dismissed the said application and took note of the fact that the supreme court had ordered refund of the ..... his assessment and as such notice under section 148 was invalid? (ii) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is legally correct in holding that the refund of part of the amount paid by the assessed to the land and development office out of ..... the case and refer the following three questions to this court : '(i) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in annulling the reassessment order dated march 23, 1989, on the ground that there was no failure on the part of the assessed .....

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May 21 1993 (HC)

Vijay Kumar Bhati Vs. Commissioner of Income-tax and Another

Court : Delhi

Decided on : May-21-1993

Reported in : (1994)118CTR(Del)65; [1994]205ITR110(Delhi)

..... has been moving successive applications for early hearing of the petitioner has been moving successive applications for early hearing of the petition. the petitioner said that under the income-tax act, 1961 (for short, 'the act'), the refund could be withheld only under the provisions of section 245 and inasmuch as there was no such order he was entitled to refund forthwith. the respondents ..... is as under : to shri vijay kr. bhatti,601, rohit house,tolstoy marg,new delhi. sir, sub : withholding of refund under section 241 of the income-tax act a refund of rs. 2,04,781 plus interest payable to you under section 244 by the government has been withheld by the undersigned till 30-6-1993, with the ..... petitioner on that. a penalty of rs. 12,28,856 was also levied on february 24, 1986, under section 271 of the act. the petitioner appealed to the commissioner of income-tax (appeals) who confirmed the order of the assessing officer. however, the appellate tribunal allowed the appeal of the petitioner deleting the addition of rs. 10,28,928 and cancelled the ..... , this court noticed the passing of the order under section 241 of the act withholding the refund. it directed the respondents to file a detailed affidavit indicating what according to the income-tax department was the tax due and payable by the petitioner, or what would be the likely demand of tax against the petitioner. it also directed the respondents to indicate the nature or .....

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Mar 22 1993 (HC)

Ravinder Singh Vs. the Commissioner of Income-tax, New Delhi

Court : Delhi

Decided on : Mar-22-1993

Reported in : (1993)113CTR(Del)183; [1994]205ITR353(Delhi)

..... decision for the assessment years 1969-70 and 1970-71:- 'whether,on the facts and in the circumstances and on a true interpretation of section 40(a)(v) of the income-tax act, 1961, reimbursement of the medical expenses to the managing director has been correctly restricted by the tribunal to rs. 12,000 for each of the assessment years 1969-70 and ..... the assessed ?'(2) it were the assesseds who sought reference of these questions on applications filed under section 256(1) of the income-tax act, 1961 (for short 'the act'). the income- tax appellate tribunal. delhi bench, new delhi, sent in the statement of the case to this court for its opinion on the aforesaid questions of law.(3) at the out set ..... singh-huf) 'whether on the facts and in the circumstances of the case the income- tax appellate tribunal was legally correct in upholding the applicability of the provisions of section 28(iv) of the income-tax act and sustaining the inclusion of the amount of rs.24,885.00 to the income of the assessed ?'i.t.r. no. 299/82: (assessed joginder singh-huf) 'whether ..... on the facts and in the circumstances of the case the income- lax appellate tribunal was legally correct in upholding the applicability .....

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Aug 25 1993 (HC)

Commissioner of Income-tax Vs. Orissa Cement Ltd.

Court : Delhi

Decided on : Aug-25-1993

Reported in : [1995]217ITR420(Delhi)

..... to give effect to the said appellate order. 3. the income-tax officer gave effect to the order in the appeal and because the tax payable was less than the tax which had been paid the income-tax officer held that the assessed was entitled to interest under section 244(1a) of the income-tax act. the income-tax officer specifically held that no other interest was allowed to ..... the assessed. 4. the assessed filed an appeal before the commissioner of income-tax (appeals) and contended that ..... law in holding that the assessed-company is entitled to interest under section 214 of the income-tax act, 1961?' 2. it appears that the assessed had paid advance tax. the assessment having been completed at a figure where the tax paid came to be more than the tax assessed, the assessed filed an appeal against this assessment order. the appeal filed by the ..... it was entitled to interest under section 214 of the act because the amount of advance tax which had been paid was more than the .....

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May 03 1993 (HC)

Mrs. Margaret Kathleen Gandhi Vs. Union of India and Others

Court : Delhi

Decided on : May-03-1993

Reported in : 1993(26)DRJ455; [1994]205ITR610(Delhi)

..... cause was afforded to the petitioner before passing the impugned order. 2. the question with regard to the validity of chapter xx-c of the income-tax act and the interpretation of the various sections in the said act came up for consideration before the supreme court in the case of c. b. gautam v. union of india : [1993]199itr530(sc) . while upholding the ..... , the petitioner and the owners submitted form no. 37-i to the appropriate authority under section 269uc of the income-tax act, 1961. by order dated march 14, 1988, the appropriate authority, exercising power under sub-section (1) of section 269ud of the income-tax act, ordered the purchase of the property by the central government for an amount equal to the apparent consideration for the .....

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Mar 05 1993 (HC)

Commissioner of Income-tax Vs. L. Bansidhar and Sons

Court : Delhi

Decided on : Mar-05-1993

Reported in : [1994]209ITR465(Delhi)

..... . p. road, new delhi, was to be computed on the basis of actual rent received and not the bona fide annual value of the property under section 23 of the income-tax act, 1961 2. according to learned counsel for the assessed question no. (iii) arises in itr nos. 300 and 301 of 1979 out of ra nos. 541 and 542/del/78 ..... the bona fide annual letting value of the property under section 23 of the income-tax act, 1961, has to be the standard rent as envisaged by the delhi rent control ..... . 5. as regards question no. (iii) it was held that the standard rent as per the delhi rent control act has to be calculated and that is to be the bona fide annual letting value for the purpose of section 23 of the income-tax act, 1961. following the said decision, in this case also our answer to question no. (iii) will be that ..... act as was held by the supreme court in the case of sheila kaushik (mrs.) v. cit : [1981]131itr435(sc) . 6. as regards question no. (ii), it has been held in l .....

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Mar 14 1993 (HC)

Commissioner of Income-tax Vs. Wings Wear Pvt. Ltd.

Court : Delhi

Decided on : Mar-14-1993

Reported in : [1994]205ITR502(Delhi)

..... then provisions of sub-clause (iii) of section 35 of the income-tax act, as interpreted by the delhi high court ?' 2. it appears that in respect of the assessment years 1977-78 to 1979-80, with which we are concerned in the ..... both the appellate authorities were functioning 2. whether, on the facts and in the circumstances of the case, the learned income-tax appellate tribunal was correct in law in directing the commissioner of income-tax (appeals) to allow deduction under section 35b of the income-tax act, 1961, in the light of its earlier orders, on outward freight expenditure, which expenditure is not covered by the ..... assessment were made and after the first appeal to the commissioner of income-tax (appeals), appeals were filed before the income-tax appellate tribunal. on april 10, 1984, the income-tax appellate tribunal allowed the appeals, and, with reference to the claim under section 35b of the income-tax act, it gave a direction to the commissioner of income-tax (appeals) to allow the claim of the assessed. the department ..... april 10, 1984, was with regard to the grant of weighted deduction on 'entertainment' and the said application under section 256 was allowed. it was when the commissioner of income-tax (appeals) did not give effect to the order of the tribunal dated april 10, 1984, with regard to weighted deduction under section 35b on freight, with which we are .....

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Sep 15 1993 (HC)

Faqir Chand Raghunath Dass Vs. Commissioner of Income-tax

Court : Delhi

Decided on : Sep-15-1993

Reported in : (1994)118CTR(Del)493; [1994]206ITR696(Delhi)

..... assessed firm outside india was an expenditure entitled to weighted deduction under the provisions of section 35b(1)(b) of the income-tax act ?' 2. briefly stated, the facts as found by the tribunal are that the assessed exported goods from india to japan and canada. in those ..... assessed firm outside india was an expenditure entitled to weighted deduction under the provisions of section 35b(1)(b) of the income-tax act 3. whether, on the facts and in the circumstances of the case, the customs duty of rs. 72,493 that was paid by the ..... that was paid by the assessed from outside india was an expenditure entitled to weighted deduction under the provisions of section 35b(1)(b) of the income-tax act 2. whether, on the facts and in the circumstances of the case, the customs duty of rs. 71,295 that was paid by the ..... stage of distribution and, thereforee, the benefit under section 35b was not admissible. 4. the application under section 256(1) having been dismissed, the income-tax tribunal referred the aforesaid question of law when the application under section 256(2) filed by the assessed was successful. 5. according to learned counsel for ..... customs duty so paid was an expenditure which had been incurred, in relation to distribution, supply and provision of goods outside india. 3. the income-tax officer did not accept this contention, but the assessed was successful in its appeal before the appellate assistant commissioner. the revenue then filed a second .....

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Aug 17 1993 (HC)

Motilal Pesticides (India) Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Decided on : Aug-17-1993

Reported in : [1994]207ITR636(Delhi)

..... case, are more or less identical. section 80hh has to be read along with the provisions of section 80b(5) which defines gross total income as meaning the total income computed in accordance with the provisions of the income-tax act, before making any deduction under chapter vi-a. the ratio of the decisions in distributors (baroda)'s case : [1985]155itr120(sc) , p. k. jhaveri ..... of the case, the tribunal was right in holding that the assessed was not entitled to deduction under section 80hh of the income-tax act, 1961, on the gross profit of rs. 34,30,035 (liquid section) but on the net income there from, for the assessment year 1979-80 ?' 5. the contention of learned counsel for the assessed before us is that the ..... b.n. kirpal j. 1. this is a reference under section 256(1) of the income-tax act, 1961, and pertains to the interpretation of section 80hh of the said act. 2. the assessed is a private limited company any it carries on the business of manufacture and sale of pesticides. the assessment years involved in this case are 1979-80 ..... ]113itr84(sc) and came to the conclusion that relief could be granted under section 80hh only on the net income of the liquid section. this decision was upheld by the commissioner of income-tax (appeals) and also by the income-tax tribunal. after the decision of the tribunal an application under section 256(1) was filed and the tribunal has stated the case and referred .....

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