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Judgment Search Results Home > Cases Phrase: income tax act Court: uttaranchal Page 1 of about 125 results (0.012 seconds)

Jun 26 2003 (HC)

Oil and Natural Gas Corporation Ltd. Vs. Deputy Commissioner of Income ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)462; [2003]262ITR648(Uttaranchal)

..... took exception to and questioned notices dated may 29, 2001 (annexures marked as exts. 13 to 17) issued under section 147 read with section 148 of the income-tax act, 1961 (hereinafter for short 'the act'), in regard to the assessment years 1991-92, 1992-93, 1993-94 and 1994-95 and the challenge to the notices is mainly on the ground that these ..... income-tax,special range, dehradun.' 9. at the outset it needs to be mentioned that in the reasons for reopening of assessment which have ..... above, i have reason to believe that income to the tune of rs. 109,43,12,086 has escaped assessment within the meaning of the explanation 2(c)(i) of section 147 of the income-tax act. accordingly, notice under section 148 is to be issued.(sd.) h. c. jain,addl. commissioner of ..... from the assessment year 1996-97 onwards and the same has been partly confirmed in appeal by the commissioner of income-tax (appeals). now the matter is pending before the learned income-tax appellate tribunal. with the insertion of section 14a by the finance act, 2001, with effect from april 1, 1962, the action taken by the assessing officer stood confirmed.in view of the .....

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Nov 17 2003 (HC)

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... section 192(2c) and section 295(2)(c). it was further pointed out that by the taxation laws (amendment) act, 1984, section 17(2) and section 40a of the income-tax act were amended. that by the taxation laws (amendment) act, 1984, parliament amended the income-tax act and taxed interest free loan/concessional loan to employees for the purposes of building a house/motor car under section 17 ..... case with leave travel concession, club membership, free meals, etc. hence, interest free loan/concessional loan has a nexus with the scheme of sections 15, 16, and 17 of the income-tax act.issues nos. 3 and 4 :15. we do not find any merit in the argument of the petitioners that the impugned notification/rule is vague and arbitrary and that it ..... and liable to be struck down.9. per contra, mr. posti, learned counsel for the department, contended that the word 'salary' has been defined under section 17(1) of the income-tax act. that it includes pension, gratuity, fees, etc. that the word 'salary' is defined under section 17(1). that it has an inclusive definition. that similarly section 17(2) defines the ..... to the rules (see [2001] 251 itr 81). the said rule have come into force with effect from april 1, 2001. it was argued that under section 296 of the income-tax act, such rules and notifications were required to be placed before parliament. that section 296 is a safeguard against the usurpation of legislative functions of parliament by the rule-making authority .....

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Oct 14 2003 (HC)

Commissioner of Income-tax and anr. Vs. Hyundai Heavy Industries Co. L ...

Court : Uttaranchal

Reported in : (2004)189CTR(Uttranchal)91; [2003]264ITR328(Uttaranchal)

..... free accommodation facility provided by the employer to its employees and the assessing officer was not justified in charging interest under section 201/201(1a) of the income-tax act ?' answer : for reasons given hereinafter we are answering both the questions in the affirmative, i.e., in favour of the assessee and against the ..... has been set aside by the tribunal and therefore the department has come by way of appeal to the high court under section 260a of the income-tax act.4. on the above facts two questions of law have been framed. they are as follows :questions : '(1) whether, on the facts and ..... period they were given free meals and free boarding which was treated as a perquisite by the department under section 17(2)(iii) of the income-tax act. being aggrieved, the matter was carried in appeal to the tribunal in which it was held that free meals and free boarding did not constitute ..... perquisite under section 17(2)(iii) and those decisions have not been challenged by the department and therefore interest under section 201(1a) of the income-tax act was not leviable on hyundai heavy industries co. ltd. being aggrieved by the decision of the tribunal, the department has come by way of ..... appeal under section 260a of the income-tax act. in all the three appeals we are concerned with the same issue. 3. the assessee-company had employed technicians on the rigs, these technicians .....

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Dec 02 2005 (HC)

Commissioner of Income-tax and anr. Vs. Chief Officer, State Bank of I ...

Court : Uttaranchal

Reported in : (2006)205CTR(Uttranchal)340; [2006]285ITR321(Uttaranchal)

..... on account of concessional accommodation facility provided by the employer to its employees and the assessing officer was not justified in charging interest under section 201/201(1a) of the income-tax act ?5. we have heard learned counsel for the parties and perused the record.6. it is not disputed before us that the employees of the assessee were in fact ..... and to the same extent and the assessee took the plea that no concession was enjoyed by any employee within the meaning of section 17 of the income-tax act, 1961 (hereinafter referred to as 'the act') and no deductions were made by the assessing officer. it was further held by the assessing authority that the assessee has taken the accommodation on ..... for determination as to whether the concession given by the assessee to its employees is perquisite within the meaning of section 17 of the act and is liable to be charged under the income-tax act. section 17(2) of the act defines 'perquisites' as under:17. for the purposes of sections 15 and 16 and of this section,- (2) 'perquisite' includes-(i) ..... said concession cannot be termed as a perquisite acceptable under the income-tax act. feeling aggrieved by the said order, the appellant/department preferred an appeal before the income-tax appellate tribunal. the income-tax appellate tribunal also agreeing with the finding recorded by the commissioner of income-tax (appeals) confirmed the order of the commissioner of income-tax (appeals) and decided the matter in favour of the assessee. .....

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Oct 19 2005 (HC)

Welham Boys' School Society Vs. Central Board of Direct Taxes and Anr. ...

Court : Uttaranchal

Reported in : (2006)206CTR(Uttranchal)56; [2006]285ITR74(Uttaranchal)

..... clause (6) of the finance (no. 2) bill, 2004, introduced in the lok sabha on july 8, 2004, it was clearly stated that in section 12aa of the income-tax act, after sub-section (2) sub-section (3) shall be inserted with effect from the first day of october, 2004. the very fact that sub-section (3) was inserted in ..... section 12aa be not withdrawn. the said show-cause notice read as follows :the working of your institution has been reviewed in the light of the provisions of the income-tax act, 1961. it appears that the conditions laid down for grant/continuation of registration are not being fulfilled by your institution. your institution does not appear to be running ..... 2002, passed by the second respondent withdrawing/rescinding the order granting registration to the petitioner society under section 12aa of the income-tax act, 1961, is quashed. consequently, the registration granted to the petitioner society under section 12aa of the income-tax act, 1961, stands restored.18. in view of the quashing of the impugned order on the ground of lack of power ..... even without receiving voluntary contributions. the petitioner also questioned the power and jurisdiction of the commissioner of income-tax to withdraw the registration already granted. according to the petitioner, there was no provision under the income-tax act enabling or authorising the commissioner of income-tax to withdraw the registration already granted section 12aa. the petitioner further stated that, in case an institution .....

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Sep 30 2003 (HC)

Commissioner of Income-tax and anr. Vs. O.N.G.C.

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)468; [2003]264ITR340(Uttaranchal)

..... of the nrc would amount to benefit under section 28(iv) of the income-tax act. accordingly, he added that tax component to the income of the assessee on the basis of multiple grossing. according to the assessing officer, section 44bb of the income-tax act did not override section 28(iv) of the income-tax act. according to the assessing officer, section 28(iv) was a charging section. ..... the following question of law is required to be answered :'whether, the tribunal was right in holding that mulitple stage grossing up of income was not applicable to notional income under section 44bb read with section 195a of the income-tax act ?'answer : for reasons given hereinafter we answer the above question in the affirmative, i.e., in favour of the assessee and against ..... 1993]200itr483(sc) .4. mr. muralidhar, learned counsel appearing on behalf of the assessee, on the other hand, submitted that the concept of multiple stage grossing up of income was not applicable for computing notional income under section 44bb of the income-tax act. in this connection he submitted a chart in order to explain the meaning of the expression 'multiple stage grossing up of ..... merit in the case of the department. lastly, we may point out that section 195a of the income-tax act has no application. it is not a charging section. it provides for recovery of tax. it provides for tax deduction at source. the fact that tax at source is deductible under section 195a from the sum payable does not mean that the contractor is .....

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Oct 14 2003 (HC)

Commissioner of Income-tax and anr. Vs. Hotel Control Pvt. Ltd.

Court : Uttaranchal

Reported in : [2004]265ITR109(Uttaranchal)

..... 16,1999, in i. t. a. t. no. 2842/d of 1992 the department has come by way of appeal under section 260a of the income-tax act, 1961.facts :the assessee is a private limited company. it runs a hotel by the name 'hotel savoy' at mussoorie. the assessee claimed rs. 6 ..... in appeal to the tribunal which has confirmed the order of the commissioner of income-tax (appeals). being aggrieved the department has come by way of appeal to this court under section 260a of the income-tax act. this appeal pertains to the assessment year 1988-89.arguments :mr. maulkhi, learned counsel appearing ..... assessee was required to incur expenditure at regular intervals in order to maintain and upkeep the hotel. this finding of fact recorded by the commissioner of income-tax (appeals) has been confirmed by the tribunal. it is a concurrent finding, hence we do not see any reason to interfere with this finding. ..... a company. it runs a hotel by the name hotel savoy at mussoorie which is a hilly area. it has been found by the commissioner of income-tax (appeals) that the hotel is spread over 12 acres of land having 100 suites. that the structure was very old. that the hotel was located ..... and he capitalised the balance of rs. 5,31,000 as capital expenditure. being aggrieved the assessee carried the matter in appeal to the commissioner of income-tax (appeals), dehradun, who took the view that the entire amount of rs. 6,32,718 was revenue expenditure. being aggrieved the department carried the matter .....

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Oct 24 2003 (HC)

Manik Chandra and Kapoor Chand Vs. Assistant Commissioner of Income-ta ...

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)750; [2004]265ITR212(Uttaranchal)

..... rs. 1.12 lakhs in the hands of the assessee. being aggrieved the assessee has filed this appeal against the decision of the tribunal under section 260a of the income-tax act.arguments :3. mr. vashishth, learned counsel appearing on behalf of the assessee, contended that the above two trusts were created for the benefit of the minor(s). he argued that ..... hands of the respective trusts with an order dated march 25, 1983, passed under section 143(3) of the income-tax act. however, the assessment was reopened on march 21, 1988, with an order under section 143(3)/148 of the income-tax act and the said income of rs. 1.12 lakhs was assessed in the hands of the assessee under explanation 2a to section 64 ..... the facts of the present case ? (c) whether, the tribunal erred in not holding that the reassessment proceedings were without jurisdiction and that no income had escaped assessment so as to attract section 147/148 of the income-tax act ?' our answer :4. for the reasons given hereinafter all the above mentioned three questions are answered in the negative, i.e., in favour of ..... assessment year 1980-81. for the sake of convenience, we are mentioning hereinbelow the facts in income-tax appeal no. 2 of 2003.facts :2. the appellant, manik chandra, is an individual, for the assessment year 1980-81, he was assessed under section 143(3) of the income-tax act, 1961. the order of assessment was passed on february 28, 1981. thereafter on january 31 .....

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Jun 29 2005 (HC)

Commissioner of Income-tax Vs. Ongc (as Agent of Brown and Root Intern ...

Court : Uttaranchal

Reported in : (2005)198CTR(Uttranchal)371; [2005]276ITR585(Uttaranchal)

..... that section 195a is introduced only for the purposes of tds. therefore, that section cannot be applied in support of multiple stage grossing up of income in respect of computation of deemed profits under section 44bb of the income-tax act. in order to illustrate the above examples of the assessee deriving benefit of rs. 200 computed as per single stage grossing up of ..... , there is no merit in the case of the department. lastly, we may point out that section 195a of the income-tax act has no application. it is not a charging section. it provides for recovery of tax. it provides for tax deduction at source. the fact that tds is deductible under section 195a from the sum payable does not mean that the contractor ..... tribunal was legally correct in upholding the orders of the commissioner of income-tax (appeals) that there is no scope of grossing up and that the income determined on notional basis in accordance with section 44bb of the income-tax act, 1961, was not liable to be grossed up under section 195a of the income-tax act ?'4. heard learned counsel for the parties and perused the record ..... is concerned from oil exploration. it deals with computation of deemed profits. secondly, section 195a comes under chapter xvii of the income-tax act which deals with collection and recovery of tax whereas section 44bb comes under chapter iv which deals with computation of business income. therefore, section 195a will not assist the department in applying the concept of multiple stage grossing up of .....

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Jul 20 2004 (HC)

Commissioner of Income-tax and anr. Vs. Halliburton Offshore Services ...

Court : Uttaranchal

Reported in : [2004]271ITR395(Uttaranchal)

..... tribunal was legally justified in holding that the salary paid to the assessee for the off period outside india was not chargeable to indian income-tax act in terms of section 9(l)(ii) of the income-tax act, 1961, whereas the learned income-tax appellate tribunal has itself held, vide order dated march 25, 1992, in i. t. a. no. 5649/ d/92, dated july 28, 1999 ..... . whether, on the facts and in the circumstances of the case, the learned income-tax appellate tribunal was justified in holding that interest under section 234b of the income-tax act cannot be charged since the entire income of the assessee was subject to tds whereas this interest is chargeable on assessed tax as defined by explanation 1 below section 234b ?'4. heard learned counsel for the ..... parties and perused the record.5. as this court has discussed in income-tax appeal no. 57 of 2002-cit v. sedco forex international ..... 1. this is an appeal under section 260a of the income-tax act, 1961, filed by the revenue against the judgment and order dated april 27, 2000, passed by the income-tax appellate tribunal, new delhi, in i. t. a. no. 1346/delhi of 1993.2. mr. spencer j., the respondent is a non-resident foreign technician employed by a foreign company, .....

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