Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: delhi Year: 2015 Page 1 of about 533 results (0.122 seconds)

Dec 18 2015 (HC)

PR. Commissioner of Income Tax-06 Vs. Matchless Glass Services Pvt. Lt ...

Court : Delhi

Decided on : Dec-18-2015

vibhu bakhru, j. 1. the revenue has filed these appeals under section 260a of the income tax act, 1961 (hereafter the act') impugning a common order dated 29th october, 2014 passed by the income tax appellate tribunal (hereafter the itat') in a batch of two hundred and eighty-four appeals including twelve appeals pertaining to the assessee in respect of six assessment years ( ay') being ..... the nature and the source of the credit in its books of account can be gone into by the income-tax officer. in the case of stellar investment ltd. [1991] 192 itr 287 (delhi), the income-tax officer had accepted the increased subscribed share capital. section 68 of the act was not referred to and the observations in the said judgment cannot mean that the ..... income-tax officer cannot or should not go into the question as to whether the alleged shareholders actually existed or not. if ..... account of the assessee." 23. this court in a recent decision in the case of commissioner of income tax - 3 vs. five vision promoters pvt. ltd.: ita 234/2015, decided on 27th november, 2015 examined and reiterated the law relating to section 68 of the act. it is now well established that "the ao has jurisdiction to undertake enquiries with regard to the .....

Tag this Judgment!

Dec 14 2015 (HC)

Kulbhushan Khosla Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Dec-14-2015

..... dr. s. muralidhar, j. 1. this appeal under section 260a (1) of the income tax act, 1961 ( act') by the assessee is directed against the impugned order dated 22nd may 2003 in ita no. 92/del/2002 for the assessment year ..... considering the assessee's evidence on merits and thereafter left it open to the assessee to challenge the addition in further appeals to the commissioner of income tax (appeals) and the tribunal. ? 14. the itat negatived the plea that the reopening could have been made only on the receipt of adverse material ..... of the assessment was at best due to change of opinion of the ao that some income had escaped assessment. this was impermissible under section 147 of the act. 20. as noted by the decision of this court in cit v. multiplex trading and industrial co. ltd. (decision dated 22nd september 2015 in ita ..... ( ay') 1994-95. 2. while admitting this appeal on 28th february 2005, the court framed the following question of law for consideration: whether the income tax appellate tribunal ..... 356/2013), it would be impermissible for the ao to reopen the assessment unless the ao, on the basis of credible and tangible material, which was not in his possession during the initial assessment, believes that income .....

Tag this Judgment!

Dec 08 2015 (HC)

Honey Enterprises Vs. Commissioner of Income-tax, Delhi

Court : Delhi

Decided on : Dec-08-2015

..... /2004), the following question of law was framed: "whether the itat was correct in law in admitting the addition made by the assessing officer under section 40a(3) of the income-tax act, 1961?" 3. insofar as the assessee's appeals are concerned (being ita nos. 163/2002 and 377/2004), the following question of law was framed: "whether the itat has erred ..... in concluding that the assessing officer's working of rule 9b was correct in view of the scheme of computation of business income as envisaged under sections 28 to 44 of the income-tax act, 1961?" assessee's appeals ita 163/2002 and ita 377/2004 4. the controversy involved in the appeals preferred by the assessee relate to the ..... vibhu bakhru, j. 1. these appeals four in number are filed under section 260a of the income tax act, 1961 (hereafter the 'act') impugning two separate orders of the income tax appellate tribunal (hereafter 'itat') in respect of assessment years (hereafter 'ay') 1992-93 and 1993-94. whilst ita nos. 163/2002 and 377/2004 are assessee's appeals impugning itat' ..... interpretation of rule 9b of the income tax rules, 1962 (hereafter 'rules'), which concerns the deduction in respect of expenditure on acquisition of distribution rights of feature films. according .....

Tag this Judgment!

Dec 08 2015 (HC)

Commissioner of Income-tax, Delhi Vs. Suman Dhamija

Court : Delhi

Decided on : Dec-08-2015

..... respect of ays 1992-93, 1990-91, 1991-92 and 1988-89 respectively. 2. it must be noted at the outset as far as the revenue's appeals under the income tax act, 1961 ('act') are concerned, there were originally nine appeals, ita nos. 20 to 28 of 2003. common questions of law were framed in all the appeals by the court on 14th ..... assessee during the relevant previous year is taxable in view of the provisions of section 45(5)(b) of the income tax act, 1961? 2. whether the income tax appellate tribunal was correct in law in holding that the decision of the supreme court in cit v. hindustan housing and land development trust limited 161 itr 524 is to be applied despite the subsequent change in ..... the proceedings for enhancement of the compensation under section 18 of the la act are pending before this court. proceedings under the income tax act 23. mr. j.n. dhamija filed his return of income for ay 1989-90 on 26th august 1989 declaring an income of rs. 15,61,044 of which rs. 14,44,39 was shown as interest from m/s. kashmir holdings ..... compensation. (iv) mere receipt of an amount of compensation could not be held to be income. reliance is placed on the decision in parimisetti seetharamamma v. cit 57 itr 532 (sc). a receipt can be brought to tax only if it falls under any tax provisions of the act and the burden is on the revenue to establish the same. section 155(16) of the .....

Tag this Judgment!

Nov 30 2015 (HC)

Commissioner of Income-tax, Delhi-V Vs. Provestment Securities (P.) Lt ...

Court : Delhi

Decided on : Nov-30-2015

..... which is impugned by the revenue. 3. by an order dated 2nd july, 2013 this court framed the following questions of law: "1. whether the income tax appellate tribunal has rightly interpreted section 69 of the income tax act, 1961 and was right in deleting the addition of rs.1,37,07,306/ made by the assessing officer on account of undisclosed investment in lamborghini ..... vibhu bakhru, j. 1. the revenue has filed the present appeal under section 260a of the income tax act, 1961 (hereafter 'the act') calling into question an order dated 13th july, 2012 passed by the income tax appellate tribunal (hereafter 'the tribunal') in ita no. 2485/del/2010. the said appeal was filed by the assessee challenging an order dated 31st march, 2010 passed by the ..... car? 2. whether the order of the income tax appellate tribunal is not perverse in the facts and circumstances of the case?" 4. the relevant facts ..... commissioner income tax (appeals) [hereafter 'cit(a)')] in appeal no. 153/cit(a) (xvii)/ del/ 08-09 whereby the .....

Tag this Judgment!

Oct 30 2015 (HC)

Commissioner of Income Tax-7 Vs. RRJ Securities Ltd.

Court : Delhi

Decided on : Oct-30-2015

vibhu bakhru, j. 1. the revenue has preferred these appeals under section 260a of the income tax act, 1961 (hereafter the act') impugning a common order dated 26th august, 2014 passed by the income tax appellate tribunal (hereafter the tribunal') in a batch of six appeals and six cross objections relating to six assessment years (ays), being ays 2003-04 to 2008-09. the aforesaid ..... 11th august, 2008, 27th august, 2008 and 10th december, 2008 respectively.5.7 also, in a reply to a request under the right to information act, 2005 filed by the searched persons, the deputy commissioner of income tax, central circle-17, vide a letter dated 10th june, 2013 noticed that there was no satisfaction noteavailable/recorded in respect of the other entities whose ..... to 2010-11.further, the assessee contended that the seized hard disk contained working papers, balance sheets and other material for income tax filings and as such was fully disclosed in its returns and, therefore, proceedings under section 153c of the act could not be initiated on the basis of the seized material.5.10 the assessee submitted that sh. b.k. dhingra ..... preceding the financial year in which the search was conducted. 17. in pepsi foods pvt. ltd. v. assistant commissioner of income tax: (2014) 367 itr 112 (del), this court had explained that on a plain reading of section 153c of the act, a notice under that section could be issued only after two preceding conditions had been met. first of all, the ao .....

Tag this Judgment!

Oct 20 2015 (HC)

Vishwanath Khanna Vs. Chief Commissioner of Income-tax, Delhi-VIII

Court : Delhi

Decided on : Oct-20-2015

..... present case is that whether this court has inherent jurisdiction to try the present suit in view of the bar contained in section 293 of the income tax act. section 293 of the income tax act reads as under: "293. bar of suits in civil courts. - no suit shall be brought in any civil court to set aside ..... appropriate remedy to challenge the said order in an appeal but the plaintiff failed to do so. this suit in view of section 293 of the income tax act however is not the remedy and the only remedy of the plaintiff was to challenge the order dated 20.9.2005/27.9.2004 in the appropriate ..... not encashed by the defendants and plaintiff had a right to claim interest on these bank drafts in the proceedings under section 245(d)(6) of the income tax act, inasmuch as, by june/august 2004, plaintiff had encashed the pay orders totaling to the amount of rs. 30,50,000/-. i have deliberately reproduced ..... vires the legislature and that the assessment was, therefore, wrong. one of the contention raised was that the suit was barred by reason of section 67 of the income tax act, 1922. section 67 contained bar of suits in civil court. section 67 provided as under: "67. bar of suits in civil court. - no suit ..... matter with respect to whether or not this court has jurisdiction to try the present suit in view of the bar contained in section 293 of the income tax act, 1961. though such an issue was not framed because no such defence was taken up in the written statement, however, since this issue goes to .....

Tag this Judgment!

Oct 08 2015 (HC)

Oracle Systems Corporation Vs. Assistant Director of Income Tax Circle ...

Court : Delhi

Decided on : Oct-08-2015

..... . (c) 12856/2009 pertains to the assessment year 2003-04. in both these writ petitions, the challenge is to the notices under section 148 of the income tax act, 1961 (hereinafter referred to as the said act') as also to the orders disposing the objections. the section 148 notice was issued on 10.12.2008 in respect of assessment year 2002-03 and on ..... the assessment order. on the basis of this, it has been recorded by the assessing officer that he has reasons to believe that the income chargeable to tax in excess of rs. 1 lakh had escaped assessment within the meaning of section 147 of the act. it was also contended that the case was covered under the provision of deemed escapement of the ..... of the act. the case is covered under deemed escapement of income under explanation 2 to section 147 of the act. in view of the above, i further have the reasons to believe ..... expenses are allowable and the receipts are to be taxed as royalty u/s 115a of the act at the rate of 20% in place of 15% as done in the assessment order. in view of the foregoing, i have reasons to believe that income chargeable to tax amounting to more than rs. 1 lakh has escaped assessment within the meaning of section 147 .....

Tag this Judgment!

Sep 18 2015 (HC)

Hamdard Laboratories India and Another Vs. Assistant Director of Incom ...

Court : Delhi

Decided on : Sep-18-2015

..... charitable status of hamdard laboratories (india) (hereafter referred to as hamdard the first petitioner in the six writ petitions) under section 10(23c)(iv) of the income tax act, 1961 (hereafter the act ?). the director general of income tax (exemptions) ( dgit(e) ?) respondent in w.p.(c) 5711 of 2013 by order dated 21.08.2013 retrospectively withdrew the exemption granted to hamdard ..... the bona fide belief that the donee was a charitable trust would be covered by the provisions of section 4(3) of the indian income-tax act, 1922,which is the forerunner of section 11 of the income-tax act, 1961. the calcutta high court, speaking through sabyasachi mukharji j., in terms, held that the assessed donor trust was entitled to exemption ..... of the assessee and separate books of accounts are maintained in respect of such business; (d) the assessee will regularly file its return of income before the income tax authority in accordance with the provisions of the income tax act. 1961; (e) that in the event of dissolution, its surplus and the assets will be given to a charitable organisation with similar objectives. ..... to identify the expression to give charityand to promote educationwith the first two heads relief of the poorand educationin the definition of charitable purposein section 2(15) of the income tax act. if the memorandum of association had referred to charityas the sole object without any limitations, including those prescribed by the context, it may have been possible to .....

Tag this Judgment!

Sep 15 2015 (HC)

Commissioner of Income Tax (Central)-I Vs. Chetan Gupta

Court : Delhi

Decided on : Sep-15-2015

..... ) 2001-2002. question of law 2. admit. the question of law framed for consideration is: whether the itat was correct in holding that since notice under section 148 of the income tax act (the act) was not served on the assessee in accordance with law, the re-assessment made consequent thereto was without jurisdiction and liable to be quashed? background facts 3. the assessee ..... filed by the assessee, may be treated as a return in these provisions u/s 148 of the income tax act, under protest and we object the present proceedings. ? 8. on that very date, i.e. 12th december 2008, the acit, central circle 5, new delhi again wrote to the assessee ..... of that you are requested to provide us the above notice u/s 148 along with basis and reason of opening the above mentioned case u/s 148 of the income tax act to enable us to get comply with the same. in continuation to above proceedings and our earlier submission, without prejudice to the legal rights of the assessee earlier original return ..... there was no time limit for completion of the re-assessment. this was different from the requirement under section 34 of the income tax act, 1922 ( 1922 act ) in other words as long as notice had been issued under section 148 of the act, the ao would have jurisdiction to proceed with the reassessment. the only restriction was that he could not complete the re .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //