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Judgment Search Results Home > Cases Phrase: income tax act Court: income tax appellate tribunal itat delhi Year: 1999 Page 1 of about 44 results (0.120 seconds)

Apr 29 1999 (TRI)

Deputy Commissioner Vs. Prominent Hotels Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Apr-29-1999

Reported in : (2000)73ITD51(Delhi)

..... assessee submitted reply vide letter dated 6-11-1989 with averments that income from licence fee received from bank of india is business income in the hands of assessee. reference to section 22 of the income-tax act, 1961 (hereinafter referred as the act) was also made which applies only to annual value of property of which the assessee was owner and not using it for ..... income of the assessee has to be classified under 6 heads. it is possible for a company to have six different sources of income and each of which will be chargeable to income-tax. profits and gains of business is only one of ..... owner-ships the assessee would not be owner under section 22 of the act and other decision of madras high court in the case of cit v.b. nagireddy 147 itr 337 was also relied in which income derived from income of film studio was taken as income from business. the ld. cit (a) considered the submissions and noted that hotel building was not complete in ..... that hon'ble supreme court in the case of tuticorin alkali chemicals & fertilisers ltd. v. cit [1997] 227 itr 172/93 taxman 502 had observed that total income of any income is chargeable to tax under section 4 of the act and that has to be computed in accordance with the provisions of the act. section 14 lays down that for the purpose of computation, the .....

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Dec 02 1999 (TRI)

Kailash Moudgil Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Dec-02-1999

Reported in : (2000)72ITD97(Delhi)

..... the revenue. in the first instance, it was argued that leave should not have been granted against the order of the income-tax tribunal when remedy provided by the income-tax act itself were available for correcting the errors of the tribunal and had in fact been taken but without success. it was further ..... there, it is curable under law, since the order of assessment passed under section 158bc is made appealable under section 253(1)(b) of the income-tax act in which the assessee is entitled to canvass all the points available to invalidate any part of the assessment and thus the defect, if any, ..... in whose jurisdiction both the itos function, hearing of the assessee before transfer order was passed was not essential. however, section 127 of the income-tax act, 1961, now enjoins an obligation to afford a reasonable opportunity of being heard to the assessee in the matter before transfer of case from one ..... jt in this case, it was contended that the chief commissioner or the director general were given powers u/s 279(2) of the income-tax act to compound any offence either before or after the institution of the proceedings. the writ was sought for quashing the criminal proceedings.the writ was ..... decision on the above questions. we sought their permission and consent, because we are aware of the provisions of section 255(3) of the income-tax act, which gives powers to the president of the tribunal to constitute a special bench consisting of three or more members, one of whom shall necessarily .....

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Apr 29 1999 (TRI)

Titanor Components Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Apr-29-1999

Reported in : (2000)72ITD514(Delhi)

..... , it must be regarded as still regaining its original identity." their lordships of apex court, while interpreting the word 'manufacture' or produce an article as required under section 32a of income-tax act which has used the identical words as in section 80-ia were again interpreting these words in the case of n. c. buddharaj & co. (supra) and their lordships have followed ..... production need not amount to manufacture though every manufacture can be characterised as 'production'. on a careful reading of section 80hh of the income-tax act, 1961, in the light of the scheme thereof and other provisions of the act, it is clear that the legislature intended to extend the benefit of deduction under section 8ohh only to the industrial undertakings which manufacture or ..... may point out that hon'ble supreme court in the case of pio food packers (supra) had an occasion to interpret the word 'manufacture' in reference to kerala general sales tax act, 1963 and their lordships have laid down as under :- "the generally prevalent test is whether the article produced is regarded in the trade, by those who deal in it, as ..... submitted that amount of royalty paid by the assessee is allowable under section 35ab if not u/s 28 or 37 of the act but the same have not been discussed at all by assessing officer and by cit(appeals). the ld. dr placed reliance on the orders of authorities below.32. we have considered the submissions. during the course of healing .....

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May 31 1999 (TRI)

Kanhaya Lal Surinder Kumar Vs. Assessing Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-31-1999

Reported in : (2000)73ITD22(Delhi)

..... 68 itr 416, "it is permissible to have a notice sent in a way not mentioned in section 63(1) of 1922 act (corresponding to section 282 of the income-tax act, 1961)." it has also been so held by their lordships of bombay high court in the case of ramnivas hanumanbux somani v. ..... . in the first ground of appeal the assessee has questioned the jurisdiction of the asstt. commissioner of income-tax. investigation circle, faridabad in initiating the proceedings under section 147/148 of the act. shri anand prakash, the learned ar who appeared on behalf of the assessee, submitted that the assessee ..... 1988. at the time when searches were conducted on the business premises of the assessee on 17-1-1989 the assessee's case was with income-tax officer, ward-4, faridabad. as a result of searches the jurisdiction over the case was transferred to the assessing officer, investigation circle, faridabad ..... 3-1993. subsequent notices under section 143(2) and 142(1) of the act were served on shri davinder singh. it was on 23-12-1994 that the assessment records of the assessee were transferred to the income-tax officer, ward-4, faridabad and against the column 'pendency' - assessment for ..... assessing officer, investigation circle who initiated proceedings under section 147 of the act had no jurisdiction over the assessee's case with effect from 21-8-1991. the jurisdiction over the assessee's case lay with the income-tax officer and not with the acit, investigation circle, faridabad. his jurisdiction .....

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Nov 08 1999 (TRI)

Jagan Nath Sayal Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Nov-08-1999

Reported in : (2000)72ITD1a(Delhi)

..... ratio is laid down as part of the head note of the decision at page 641 : an assessment order passed without complying with the provisions of section 144b of the income-tax act, 1961, cannot be regarded as a valid order but it cannot follow as a necessary corollary that such an order passed without following the procedural requirements must be regarded as ..... heavy reliance was placed upon by the learned standing counsel, shri rajendra for the department, shri k. sampath contended that the said decision was rendered under section 28ib of the income-tax act read with section 60 of the civil procedure code, 1908. in the head note of the decision, the following is held : membership of a stock exchange also called "scats" is bought and ..... is contended that this aspect of the matter has been duly examined by the department year after year and accordingly, they have granted total exemption under section 11 of the income-tax act to the dse. as part of its objects. dse provides the facility for conduct of share-broking business. the share-broking business facility provided by the dse should not be ..... religious nature in india". the term "public purpose" is wide enough. while "public purpose" as such is not defined, but "charitable purpose" is defined in section 2(15) of the income-tax act, according to which it includes relief to the poor, education, medical relief and the advancement of any other object of general public utility. the two phrases, viz., "public purposes" and .....

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Dec 31 1999 (TRI)

Assistant Commissioner of Vs. O.P. Gupta

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Dec-31-1999

Reported in : (2000)75ITD123(Delhi)

..... -59 was made on the respondent after allowing deduction of a sum of rs. 10,494 towards interest to certain creditors. thereafter, by a notice under section 148 of the income-tax act, 1961 dated march 8, 1967 served on the respondent on march 14, 1967 the ito sought to reopen the assessment. in his report made in february, 1967 to the commissioner ..... for better appreciation of the applicability of this judgment to the present case as under:-- the reasons for the formation of the belief contemplated by section 147(a) of the income-tax act, 1961 for the reopening of an assessment must have a rational connection or relevant bearing on the formation of the belief. rational connection postulates that there must be a direct ..... 's case fell within this category and raised an audit objection. on the basis of this information, the ito issued a re-assessment notice under section 147(a) of the income-tax act, 1961. a single judge of the high court, on the assessee's writ petition, quashed the notice. on appeal to a division bench: held: affirming the decision of the single ..... assumption of jurisdiction by the assessing officer.3. assessments for the assessment years 1979-80 to 1983-84 were originally completed under section 143(3)/144 of the income-tax act, 1961 on a total income of rs. 7,211, rs. 13,570, rs. 10,240, rs. 12,690 and rs. 13,750. subsequently, the assessments were reopened under section 147(a) of the .....

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May 27 1999 (TRI)

Shriram Pistons and Rings Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-27-1999

Reported in : (2000)73ITD30(Delhi)

..... made and deposited to govt. account on production of a certificate under section 203. coming to another provision now i.e., section 200 of the income-tax act which stipulates that a person deducting tds on various amounts paid out is obliged by law to deposit the amount so deducted within the period prescribed into ..... wrongly refunded to the employees." 10. the ld. counsel for the assessee at the out set contended that provisions of section 192(3) of the income-tax act were required to be interpreted in this case. according to him the company had a work force of 1000 and odd employees out of which only 30 ..... actual expenditure incurred. the ld. counsel further argued that such type of adjustment/addition was not warranted in an order passed under section 201 of the income-tax act, 1961 and the appropriate place was the assessment of the employee concerned. reliance was placed on the decision of the ahmedabad bench-a of the tribunal ..... whether actual amount spent by the company or at 6.25% of the salary of the employees as prescribed under rule 3(d)(ii) of the income-tax rules.2. on perusal of the returns filed in form no. 24 for both the years, the ito, tds ward noted that in respect of ..... case we would like to refer to certain other relevant sections as follows :- section 192(1) casts a duty/liability on the employer to deduct tax on the "estimated income of the assessee" under the head "salary" for the financial year. section 192(2) prescribes the procedure for tds where "an assessee" is .....

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Jun 17 1999 (TRI)

Indian Aluminium Cables Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-17-1999

Reported in : (2000)73ITD109(Delhi)

..... we find that right acquired on allotment of an industrial plot falls within the expression "property of any kind" used in section 2(14) of the income-tax act, 1961, and, is consequently a capital asset. the payment of earnest money in order to obtain such a right constitutes its cost of acquisition. where ..... reduction of the right in the capital asset would clearly amount to a transfer within the meaning of that expression in section 2(47) of the income-tax act, 1961." 27. in view of the case law as relied upon and discussed above, arguments as advanced by both the sides, elucidation and elaboration as ..... recent supreme court judgment in the case of kartikeya v. sarabhai (supra) meaning of "transfer" has been defined as under : "section 2(47) of the income-tax act, 1961, defines "transfer" in relation to capital asset. it is an inclusive definition which inter alia provides that relinquishment of an asset or extinguishment of any rights ..... would be regarded to hold the leasehold right, which is also a kind of property.23. similarly, sub-clause (47) of section 2 of the income-tax act reads as under : (iv) in a case where the asset is converted by the owner thereof into, or is treated by him as, stock-in ..... amounts to acquiring of any right in the land which could tantamount to acquisition of capital asset or not. sections 2(14) and 2(47) of the income-tax act are relevant in this regard. section 2(14) reads as under : section 2(14) : "capital asset" means property of any kind held by an .....

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Aug 12 1999 (TRI)

Deputy Commissioner of Vs. O. N. G. C.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-12-1999

Reported in : (2000)74ITD180(Delhi)

..... for, and exploitation of, mineral oils involves a number of complications. as a measure of simplification, the bill seeks to insert a new section 44bb in the income-tax act providing for determination of income of such taxpayers at ten per cent, of the aggregate of certain amounts. the amounts in respect of which the provisions will apply would be the amounts ..... agent of the respondents. the solitary ground raised in these appeals relates to the validity of multi stage grossing up of the income on account of the provisions of section 195a of the income-tax act, 1961 (hereinafter called the act).3. we have heard the rival submissions in the light of material placed before us and precedents relied upon. assessments in all ..... india on account of such services or facilities or supply of plant and machinery. the aforesaid amendment will not, however, apply to any income to which the provisions of sections 42, 44d, 115a or 293a of the income-tax act apply. this proposed amendment will take effect retrospectively from 1st april, 1983, and will, accordingly, apply in relation to the assessment year ..... 199).therefore, the amount deducted at source is not the final tax determined to be payable on assessment. it is only a safeguard against the possible concealment. final tax is determined in accordance with the procedure established under the income-tax act, on the assessed income. after determining the total tax liability, credit is given for the tds. therefore, the method of calculation of .....

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Dec 31 1999 (TRI)

Jainsons Ss Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Dec-31-1999

Reported in : (2001)76ITD51(Delhi)

..... affirmative. in view of our discussion in the succeeding paragraphs, we are inclined to take a view which is favourable to the assessce.6.2 section 29 of the income-tax act provides that income from "profits & gains of business or profession", referred to in section 28 shall be computed in accordance with the provisions contained in sections 30 to 43c/d. these sections ..... this aspect in the context of current repairs for building & machinery under sections 10(2)(v) and 10(2)(xv) of the indian income tax act, 1922 which is part correspond to sections 30(a)(ii) & section 37(1) of ihe income-tax act, 1961 respectively. the contention of the department before the supreme court was thai, if section 10(2)(v) was the relevant clause ..... , the asscssee cannot he said to ha,ve satisfied the condition precedent for deduction of rent under section 30 of the income-tax act. we hold accordingly.6.1 as regards deduction of rent for the premises under section 37(1) of the income-tax act, there is strong cleavage of judicial opinion on the . question whether the said section can be applied to any expenditure ..... are allowable if the premises is "used for the purposes of the business or profession". these very words arc used in section 32 of the income-tax act, 1961, corresponding to part of section 10(2) of the 1922 act, and their purport and scope has been a subject matter of consideration in a large number of judicial decisions, including the apex court decision .....

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