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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: delhi Page 1 of about 33,931 results (0.130 seconds)

Nov 22 2019 (HC)

Union of India vs.maqbool Ahmed Qureshi & Ors.

Court : Delhi

..... exercise administrative or financial powers vested in the full-fledged incumbent of the post but he cannot exercise statutory powers, whether those powers are derived direct from an act of parliament, e.g., income tax act or rules, regulations and by- laws made under various articles of the constitution, e.g., fundamental rules, classification, control and appeal rules, w.p. (c) 6132/2017 page ..... an officer: (i) when an officer is required to discharge all the duties of the other post including the statutory functions, e.g., exercise of power derived from acts of parliament such as income tax act or the rules, regulations, by-laws made under various articles of constitution such as frs, ccs (cca) rules, csrs., dfprs., etc., then steps should be taken to process ..... ? cannot be filled up prior to obtaining its revival? from department of expenditure. c. statutory posts, the name and level/ pay scale of which is specifically provided for in an act of parliament, are exempted from falling in the category of deemed abolished? on remaining vacant for a period of more than 2 years. only the posts mentioned in statute may .....

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Nov 15 2019 (HC)

Vashulinga Finance Pvt. Ltd. Vs.deputy Commissioner of Income Tax

Court : Delhi

..... 1 of 8 30.11.2004 declaring nil? income. however, tax was paid under section 115jb on the book profit of rs.24,86,664 ..... order dated 03.11.2008 of cit (appeals).2. the cit (appeals) had deleted the addition of rs.1.17 crore made by the assessing officer on account of unexplained cash credits under section 68 of the income tax act. the assessee had filed its return of income on ita no.811/2019 page ..... j.(oral) 1. the appellant has preferred the present appeal to assail the order dated 18.04.2019 passed by the income tax appellate tribunal, delhi bench d : delhi in ita no.190/del/2009 in respect of the assessment year 2004-05. the tribunal has allowed ..... finance pvt.ltd. ..... appellant through: dr. rakesh gupta, ms. monika ghai, ms. tani malik and mr. rohit kumar gupta, advocates. versus deputy commissioner of income tax ..... respondent through: ms. vibhooti malhotra and mr.siddharth manocha, advocates. coram: hon'ble mr. justice vipin sanghi hon'ble mr. justice sanjeev narula vipin sanghi, ..... year under appeal, copy of the account of the parties in their-books, copy of the bank statements, copy of the income tax returns along with computation of income and balance-sheet. summons issued under section 131 to principal officer of these companies were required to appear in person with similar .....

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Nov 14 2019 (HC)

The Pr. Commissioner of Income Tax-Central-3 vs.ankush Saluja

Court : Delhi

..... . justice vipin sanghi hon'ble mr. justice sanjeev narula sanjeev narula, j.(oral):1. the present appeal under section 260a of the income tax act (hereinafter referred to as act?) is directed against the order dated 07.12.2017 passed by the income tax appellate tribunal (hereinafter referred to as itat?) bench b new delhi in ita2047de1/2016 for the assessment year (ay) 2007-08, whereby ..... 68 of the act on account of unexplained cash credit ..... the appeal filed by the appellant against the order of cit (a) dated 25.01.2016, challenging the deletion of additions made under section ..... a.o. is directed to charge interest as per provision of the act, on total income, after giving effect to this order. therefore, for statistical purposes, ground no.9, is treated as allowed.8. in the result, the appeal is partly allowed. 5. aggrieved with the aforesaid order of the cit (a), revenue filed an appeal before the itat. the tribunal concurred with .....

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Nov 14 2019 (HC)

Pr. Commissioner of Income Tax-2 vs.m/s Century Metal Recycling Pvt. L ...

Court : Delhi

..... of 5 revive the re-assessment proceedings, in case the order which forms the basis of issuance of the notice under section 148 of the income tax act being eventually upheld, while making it clear that the assessee could not be entitled to raise a plea of limitation.9. learned counsel for ..... now, the very basis of initiating the re-assessment proceedings by virtue of the notice dated 02.02.2010 issued under section 148 of the income tax act, 1961 does not survive. therefore, we are disposing of this writ petition with liberty to both sides to seek revival in case the need ..... be protected. consequently, we are inclined to adopt the approach indicated in national agricultural co-operative marketing federation of india ltd. v. assistant commissioner of income tax - circle 32(1), w.p.(c) 5895/2010 decided on 07.08.2014 wherein we passed the following order:-" in these circumstances, we find ..... said appeal being preferred, the tribunal should have adopted the same course as prescribed by this court in a.t. kearney india ltd. v. income tax officer, (2015) 371 itr179 in that case, though the appeal had not been preferred against the order, setting aside the order which formed the ..... the high court of delhi at new delhi date of decision:14.11.2019 ita5102019 versus ..... appellant through: mr. zoheb hossain, advocate. pr. commissioner of income tax- 2 m/s century metal recycling pvt. ltd..... respondent coram: hon'ble mr. justice vipin sanghi hon'ble mr. justice sanjeev narula vipin sanghi, j .....

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Nov 14 2019 (HC)

Neeraj Syal vs.state Bank of India

Court : Delhi

..... (cds) people think that their success in the auction will be only a paper success).5. to recover the outstanding dues, as per second schedule of income tax act, demand notices were issued to cds to deposit the amount however cfs did not paid the decreed amount. in order to recover the decreed amount, the ..... w. p. (c) 414 of 2019 2. the facts in w.p.(c) no.414/2019 are that proceedings under the recovery of debts and bankruptcy act, 1993 ( rdb act?) were initiated before the drt by the state bank of mysore (now state bank of india) (hereafter bank?) against the legal representatives (lrs) of the ..... is no one to decide as to at what value the bank should settle its dues with the borrower especially when the bank has managers who have acted to authorization in their favour and after due consideration of the proposal of the petitioners. in pursuance 19. later in harpreet kaur v. m/s fullerton ..... no.166/2013. on 10th january, 2019, drt-iii dismissed the application.7. in an appeal filed by the... petitioner under section 30 of the rdb act, the drt-iii directed the... petitioner to deposit rs.15.00 lakhs within four days as against the settlement amount of rs.5.65 lakhs plus legal expenses ..... the settlement, the... petitioner mr. neeraj syal filed an appeal before the drt. he also filed an application under section 19 (25) of the rdb act read with rule 18 of the drt (procedure) rules, 1993 urging the drt to take the settlement on record arrived at between the parties and pass appropriate .....

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Nov 14 2019 (HC)

Volex Investment and Marketing Company vs.state Bank of India

Court : Delhi

..... (cds) people think that their success in the auction will be only a paper success).5. to recover the outstanding dues, as per second schedule of income tax act, demand notices were issued to cds to deposit the amount however cfs did not paid the decreed amount. in order to recover the decreed amount, the ..... w. p. (c) 414 of 2019 2. the facts in w.p.(c) no.414/2019 are that proceedings under the recovery of debts and bankruptcy act, 1993 ( rdb act?) were initiated before the drt by the state bank of mysore (now state bank of india) (hereafter bank?) against the legal representatives (lrs) of the ..... is no one to decide as to at what value the bank should settle its dues with the borrower especially when the bank has managers who have acted to authorization in their favour and after due consideration of the proposal of the petitioners. in pursuance 19. later in harpreet kaur v. m/s fullerton ..... no.166/2013. on 10th january, 2019, drt-iii dismissed the application.7. in an appeal filed by the... petitioner under section 30 of the rdb act, the drt-iii directed the... petitioner to deposit rs.15.00 lakhs within four days as against the settlement amount of rs.5.65 lakhs plus legal expenses ..... the settlement, the... petitioner mr. neeraj syal filed an appeal before the drt. he also filed an application under section 19 (25) of the rdb act read with rule 18 of the drt (procedure) rules, 1993 urging the drt to take the settlement on record arrived at between the parties and pass appropriate .....

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Nov 08 2019 (HC)

Zakir Ali Rana vs.edelweiss Asset Reconstruction Company Limited

Court : Delhi

..... it sought the arrest of the present... petitioner under section 25 (b) of the rdb act read with rules 73, 76 and 77 of the 2nd schedule to the income tax act, 1961 and section 29 of the rdb act. on 22nd november, 2018 the ro-ii passed an order in which inter alia a ..... the court holds that the drat exceeded its jurisdiction in entertaining the miscellaneous application no.458/2019 filed by respondent under section 17a of the rdb act. on that short ground, the impugned order dated 25th october, 2019 of the drat is hereby set aside. this order would mean that miscellaneous ..... the ros is concerned, their orders have been expressly made appealable before the drts and not directly appealable before the drat. section 30 of the rdb act reads as under: 30. appeal against the order of recovery officer.-. (1) notwithstanding anything contained in section 29, any person aggrieved by an order ..... reason that the respondent straight away approached the drat. he submitted that it was difficult to affect any recoveries in the proceedings under the rdb act as they were long drawn. according to him, the conduct of the cds would disentitle them to resist the proceedings before the drat or even ..... of the presiding officer . he accordingly submits that the drat ought not to have entertained the application of the respondent under section 17a of the rdb act. he submitted that in passing the impugned order the drat exceeded its jurisdiction. he referred to the decisions in meena aggarwal v. punjab national bank .....

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Nov 01 2019 (HC)

The Pr. Commissioner of Income Tax -Central -1 vs.virender Kumar Bhati ...

Court : Delhi

..... 13.12.2018 passed by the income tax appellate tribunal (hereinafter referred to as 'the tribunal') in it(ss)a no.6/del/2011 & c.o. no.93 ..... + ita7322019 the pr. commissioner of income tax -central -1 through: mr. ruchir bhatia, sr. standing ..... appellant counsel. versus virender kumar bhatia coram: through: ..... respondent hon'ble mr. justice vipin sanghi hon'ble mr. justice sanjeev narula sanjeev narula, j.(oral):1. the present appeal under section 260a of the income tax act, 1961 (hereinafter referred to as 'the act') is directed against the order dated ..... bhatia, senior standing counsel for the revenue, during the course of arguments, has urged that itat has erred in relying upon the decision of manish maheshwari v. assistant commissioner of income tax [2007]. 159 taxman 258 (sc) and that the assessing officer had, in fact, recorded the satisfaction as required and the findings of the itat are erroneous.10. before ..... nil. on 17.09.2006, a statutory notice under section 143(2) of the act was issued. the assessee filed objections against the said notice, finding merit in the objections, the ao after obtaining approval of additional commissioner of income tax, central range-iii, new delhi, dropped the proceedings vide d&cr no.dated 27.07.2007. concomitantly, on the same .....

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Oct 24 2019 (HC)

M/S Siddharth Export vs.the Assistant Commissioner of Income Tax

Court : Delhi

..... production of the relevant documents, the onus shifted on the respondent and if the assessing officer had any doubt, he could have carried out independent inquiry. section 68 of the income tax act, raises a presumption whenever unexplained credits are found in the books of account of the assessee. indisputably, the credit entries stand in the name of the assessee himself. thus ..... , followed by a show cause notice dated 06.12.2016 seeking explanation as to why the unsecured loan should not be treated as unexplained credit under section 68 of the income tax act. pursuant to the said show cause notice, the appellant submitted a written explanation. the assessing officer made an independent enquiry through emails and telephonic conversation with ito-ward 1 ..... the application stands disposed of. ita9172019 & cm. appls. 46334-46335/2019 3. the present appeal under section 260a of the income tax act, 1961 (hereinafter the act) is directed against the common order dated 26.06.2018 (hereinafter the impugned order) passed by the income tax appellate ita9172019 page 1 of 20 tribunal in appeal (s) no.7700/2017 for ay-2013-14 and 7752/2017 ..... unrebutted can be used against him by holding that it is a receipt of an income nature. while considering the department cannot, however, act unreasonably the explanation of the assessee, ii. in cit v. p. mohankala this court held that: a bare reading of section 68 of the income tax act, 1961, suggests that (i) there has to be credit of amounts in the books .....

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Oct 23 2019 (HC)

d.k. Shivakumar vs.directorate of Enforcement

Court : Delhi

..... .08.2019 in the said 4th complaint case pending before the special court, bengaluru.33. it is also not in dispute that the offences under section 276c, 277 of the income tax act alleged against the petitioner are compoundable offences and the only scheduled offence invoked against the petitioner is section 120 b ipc. bail appln. 2484/2019 page 16 of 19 34 ..... bail application of the present... petitioner.9. dr. abhishek manu singhvi, learned sr. advocate appearing on behalf of the petitioner submitted, the offences under section 276c(1), 277 of the income tax act and section 193, 199 r.w.s. 120b ipc that have been alleged against the... petitioner do not constitute a predicate offence as per the schedule given in the pml ..... before the special court, bengaluru, u/s 200 cr.p.c. alleging offences under the income tax act. pursuant thereto, the income tax bail appln. 2484/2019 page 2 of 19 department proceeded to grant sanction to prosecute for offences punishable u/s 276c(1) and 277 of the income tax act and section 120b of i.p.c and filed a 4th complaint against the... petitioner under ..... tampering of evidence or influencing the witnesses.15. moreover, the offences punishable under section 276c (1)and section 277 of the income tax act, 1961 are compoundable offences u/s 279(2) of bail appln. 2484/2019 page 8 of 19 the act which shows that the offences are not serious in nature. the delhi high court in the case of sitaram aggarwal vs .....

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