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Judgment Search Results Home > Cases Phrase: income tax act Court: rajasthan Year: 2009 Page 1 of about 37 results (0.026 seconds)

Mar 17 2009 (HC)

S. Zoraster and Co. Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Mar-17-2009

Reported in : [2009]182TAXMAN52(Raj)

..... also concluded that the receipt is clearly in the nature of revenue receipt and in such circumstances, the order of commissioner of income-tax (appeals) was sustained.5. learned counsel for the assessee has taken us through various sections of the income-tax act and contended that in any case, it cannot be a revenue receipt and at best it will only be a capital ..... order1. pursuant to the directions issued by this court under section 256(2) of the income-tax act, 1961 ('the act') for drawing up statement of the case, the following question has been referred, to be answered by us:whether in the facts and circumstances of the case or in law, ..... receipt in the normal course of assessee's business, but it would definitely be an income of the assessee and has to be assessed to tax under the head, 'income from other sources'. the matter was referred to the inspecting assistant commissioner of income-tax under section 144b of the act. the assessee once again submitted that the receipt did not fall under any of the ..... heads of the income under the act and further, since the compensation was for termination of agreement of .....

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Mar 17 2009 (HC)

Commissioner of Income-tax Vs. Multimetals Ltd.

Court : Rajasthan

Decided on : Mar-17-2009

Reported in : [2009]183TAXMAN183(Raj)

..... the circumstances of the case, the tribunal was justified in holding that the conveyance charges paid to employees do not fall within the ambit of section 37(3a) of the income-tax act, 1961?2. whether on the facts and in the circumstances of the case, the tribunal was justified in holding that payment made for consultation and seeking opinion of advocates does ..... not come within the purview of section 80vv of the income-tax act, 1961?2. as far as question no. 1 is concerned, in absence of adequate and proper evidence available on record as to how the conveyance charges were paid to ..... calcutta high court has held as under:a perusal of section 80vv of the income-tax act, 1961, makes it clear that expenditure in connection with the proceedings before the income-tax authority or the appellate tribunal or any court relating to the determination of any liability under the income-tax act, by way of tax, penalty or interest, may be allowed, but such deduction shall not, in any ..... legal advice cannot be held to be expenditure in connection with the appearance before an income-tax authority, the tribunal or court, in connection with the determination of the liability under the act by way of tax, penalty or interest and cannot be disallowed under section 80vv of the income-tax act, 1961.the assessee claimed deduction of expenses of rs. 15,100 which included professional .....

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Apr 17 2009 (HC)

Lakshmi Cement (a Division of J.K. Corp. Ltd. (Now Renamed as J.K. Lak ...

Court : Rajasthan

Decided on : Apr-17-2009

Reported in : RLW2009(3)Raj2679

..... authorities is doubtful. there is no specific provision in the sales tax act, either under the rst act or under the cst act, empowering the commissioner to issue such circulars, as against such powers conferred under section 19 of the income tax act on the central board of direct taxes. ever section 119 of the income tax act, which empowers the way of its proviso restricts and provides that ..... no such order instruction or direction shall be issued so as to require any income authority to make a particular assessment or dispose of a particular case ..... the notification dated 6/5/1986, to encourage the assessee having place of manufacture within the state of rajasthan to make inter state sales taxable under the central sales tax act as against the branch transfers or depot transfers on which no cst was payable, the state gave this partial exemption depending upon such shift from branch transfers to inter- ..... covered by the notification dated 21/1/2000. they submitted that since the notification dated 6/5/1986 granted partial exemption in the form of reduction of tax payable under the central sales tax act depending upon the increase of interstate sales made by the assessee during the particular year compared with the base year 1984-85 and such exemption was given .....

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Feb 17 2009 (HC)

Commissioner of Income-tax Vs. Paramhans Ashram

Court : Rajasthan

Decided on : Feb-17-2009

Reported in : [2009]315ITR220(Raj)

..... assessee is a charitable trust and its income is exempt under section 11 of the income-tax act, 1961. the income-tax officer did not accept the claim of the assessee. on appeal before the appellate assistant commissioner of income-tax, he reversed the order of the income-tax officer and permitted the benefit of section 11 of the income-tax act. the appeal was preferred before the tribunal ..... tribunal was justified in upholding the decision of the appellate assistant commissioner that the assessee is a public charitable and religious trust and its income is entitled to exemption under section 11 of the income-tax act, 1961?2. the assessee in its returns pertaining to the assessment years 1973-74, 1974-75 and 1975-76 declared that the trust ..... . the tribunal on examining the order of the appellate assistant commissioner of income-tax ..... tribunal has rightly come to the conclusion that the assessee is a public charitable and religious trust and its income is entitled to exemption under section 11 of the income-tax act, 1961.5. we also subscribe to the view of the division bench cit v. paramhans ashram trust [1993] 203 itr 711 (raj) and answer the reference accordingly against the .....

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Feb 19 2009 (HC)

Commissioner of Income-tax Vs. Pionior Minerals

Court : Rajasthan

Decided on : Feb-19-2009

Reported in : [2009]315ITR223(Raj)

..... 1. this reference has been made under section 256(1) of the income-tax act, 1961, at the instance of the revenue for the opinion of this court, arising out of the order of the tribunal in i.t.a. no. ..... directly applicable to the facts of this case.5. learned counsel for the respondent, to make his point, had drawn our attention on appendix i, appended to the income-tax rules and has relied upon entry no. 8, which reads as under:mines and quarries-portable underground machinery and earth moving machinery used in open cast mining (nesa ..... income-tax (appeals) who confirmed the view of the income-tax officer. further appeal was preferred before the income-tax appellate tribunal. the tribunal relying upon the judgment of the delhi high court reported in cit v. smt. urmila goel [1986] 52 ctr 276 (delhi) allowed 30 per ..... cent.2. the assessee filed its return and claimed depreciation on the compressor at 30 per cent. being used in mines and quarries. the income-tax officer allowed 10 per cent. depreciation holding that under the income-tax rules, no such rate has been prescribed in respect of this item of machinery. appeal was preferred before the commissioner of ..... assessee in that event is entitled to the depreciation at 30 per cent.7. we answer the reference accordingly and the matter is remanded to the income-tax officer to dispose of the matter accordingly as observed above, after examining the record. .....

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Aug 13 2009 (HC)

Commissioner of Income Tax Central Vs. Anil Hastkala (P) Ltd. and anr.

Court : Rajasthan

Decided on : Aug-13-2009

Reported in : (2009)226CTR(Raj)417; [2010]186TAXMAN365(Raj)

..... or before 01/06/2007 and assailing orders of settlement commission, on the premise that if impugned order of settlement commission under section 245d(4) of income tax act, 1961 (act) is held to be legally unsustainable, in such an eventuality, whether matters are to be remitted back to settlement commission to examine afresh in accordance ..... of income tax act, 1961:6. the undisclosed income is settled as under:i) badri narain modi rs. 48,00,000/ii) smt. champa modi rs. 04,00,000/iii) ravi prakash ..... of income tax act, 1961:6. the undisclosed income is settled as under:1.parkash chand jalan rs. 20,00,000/2. rajendra prasad jalan rs. 40,00,000/3. nawal kumar jalan ..... case for proper settlement. even giving adequate opportunity to the applicant and the department, as laid down in section 245d(4) of income tax act, 1961 is not practicable. however, to comply with the directions of the hon'ble high court, we hereby pass an order under section 245d(4) ..... case for proper settlement. even giving adequate opportunity to the applicant and the department, as laid down in section 245d(4) of income tax act, 1961 is not practicable. however, to comply with the directions of the hon'ble high court, we hereby pass an order under section 245d(4) .....

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Mar 05 2009 (HC)

Commissioner of Income-tax Vs. Mahindra and Co. Ltd.

Court : Rajasthan

Decided on : Mar-05-2009

Reported in : [2009]179TAXMAN131(Raj)

..... has been made in relation to assessment of the year 1973-74 which was sought to be reopened by the income tax officer, (for short, 'i.t.o.') who issued notice to the assessee under section 148 of the income-tax act, 1961 (for short, 'the act') on 2/1/1978. assessee filed return on 14/2/1978. assessment was reopened as according to the i ..... .t.o., the assessee did not disclose true facts of its income. the assessee company claimed loss of rs. 48,510/- on sale of shares ..... mohammad rafiq j.1. this reference has been made by the income tax appellate tribunal at the instance of the revenue under section 256(1) of the income tax act, 1961 pertaining to the assessment year 1973-74 seeking opinion of this court on the following question of law:whether the tribunal was right in coming to the conclusion that ..... ) 34 itr 336 and commissioner of income-tax v. mugneeram bangur & co. : [1963]47itr565(cal) . the income-tax appellate tribunal as well as high courts held that no profit in a business sense could be deemed to have resulted to the firm by said transfer and, therefore, second proviso to section 10(2)(vii) of the 1922 act was not applicable. the said view was .....

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Apr 29 2009 (HC)

A.C.T.O., Anti Evasion Vs. Power One Micro System (P) Ltd.

Court : Rajasthan

Decided on : Apr-29-2009

Reported in : RLW2009(3)Raj2675

..... columns are filled in either when scrutiny begins or at the stage of investigation/enquiry. it is important to note that these declaration forms are similar to returns under the income tax act. we are not on the veracity of the contents of that form. our preface is confined to the importer's (consignee's) refusing to supply particulars which they are required ..... by the respondent was not accompanied by declaration form st-18aa, therefore, as per provisions of section 78 (2) of the rajasthan sales tax act, 1994 (hereinafter to be called 'the act'), read with rule 53 of the rajasthan sales tax rules, 1995, notice was issued to show cause by the petitioner authority in exercise of power conferred under section 78 (5) of the ..... on the consignor because it is the responsibility of the consignee to produce the declaration form. while recording the aforesaid finding the learned tax board has totally erred in not appreciating that provisions of section 78(6) of the act have totally escaped the attention of the first appellate authority because as per the provision of section 78(6) during the pendency ..... the consignee without declaration form. in this view of the matter, therefore, the deputy commissioner (appeals) as well as learned tax board committed error while quashing the order passed by the petitioner authority in consonance with the provisions of the act.12. as a result of the foregoing discussion, this revision petition is allowed. both the order impugned passed by deputy commissioner .....

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Sep 03 2009 (HC)

A.C.T.O. Vs. Popular Timber Suppliers

Court : Rajasthan

Decided on : Sep-03-2009

Reported in : (2009)12VatReporter201

..... columns are filled in either when scrutiny begins or at the stage of investigation/enquiry. it is important to note that these declaration forms are similar to returns under the income tax act. we are not on the veracity of the contents of that form. our preface is confined to the importer's (consignee's) refusing to supply particulars which they are required ..... . commercial taxation officer, flying squad, banswara imposed a penalty of rs. 26,900/- for alleged violation of provisions of rule 53 of the rajasthan sales tax rules, 1995 and section 78 (2) of the rajasthan sales tax act, 1994. the respondent firm was not having the complete form st-18-a when the goods were in movement so also the form st-18 ..... the same was set aside by the dy. commissioner (appeals), udaipur on the ground that there is no mem rea on the part of the firm to evade the tax so as to be violative of section 78(5) of the act of 1994. further when the said order passed by the appellate authority dated 12.3.1999 was challenged before the ..... tax board, the tax board confirmed the order passed by the dy. commissioner (appeals), udaipur. the tax board passed the said order ex-parte whereby the appeal of the department was rejected.4 .....

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Feb 26 2009 (HC)

Ram Bagh Palace Hotel (P) Ltd. Vs. Cit

Court : Rajasthan

Decided on : Feb-26-2009

Reported in : [2009]316ITR49(Raj)

..... facts and in the circumstances of the case, the tribunal was right in holding that hotel business is an industrial undertaking covered within the meaning of section 32a of the income tax act ?(ii) whether on the facts and in the circumstances of the case, the tribunal was right in law in holding that the hotel building is plant for allowance of depreciation ..... , which was applicable and there appears no such distinction for grant of allowance on different heads as provided under section 32 of the income tax act.(7) to differentiate a building for grant of additional depreciation by holding it to be a plant in one case where the building is specially designed and constructed with some ..... any other form of power or in construction of ships or in the manufacture or processing of goods or in mining.the clear object of the act was to give concession in the rate of income-tax to manufacturing concerns. the concession was not intended to be given to trading concerns. the activity carried on by the assessee indicates that it essentially belonged ..... that the assessee company should be treated as an industrial company/undertaking entitled to the benefits arising out of it. the income tax officer did not accept the plea of the assessee. on appeal before the commissioner (appeals), the view of the income tax officer came to be confirmed. the assessee further went in appeal before the tribunal. before the tribunal, the judgment of .....

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