Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: delhi Year: 2009 Page 1 of about 188 results (0.054 seconds)

Dec 23 2009 (HC)

Commissioner of Income Tax Vs. Aimil Limited

Court : Delhi

Decided on : Dec-23-2009

Reported in : (2010)229CTR(Del)418

..... these cases, which falls for consideration in almost identical factual backdrop. in fact, it is a matter of pure interpretation of the provisions of the income tax act, 1961 (for short, the 'act'), particularly section 36(1)(va) of the act. however, in order to understand the implication, it would be necessary to take note of facts of one appeal. we, accordingly, are stating the ..... on delayed payment but can incur penalties also, for which specific provisions are made in the provident fund act as well as the esi act. therefore, the act permits the employer to make the deposit with some delays, subject to the aforesaid consequences. insofar as the income tax act is concerned, the assessee can get the benefit if the actual payment is made before the return is ..... fund and esi made by the assessing officer under section 36(1)(va) of the income tax act, 1961?5. section 36 of the act deals with certain deductions which shall be allowed in respect of matters dealt with therein, in computing the income referred to in section 28 of the act. different types of deductions are provided therein in various clauses of section 36. clause ..... actually made.12. since the itat while holding that the amount would qualify for deduction even if paid after the due dates prescribed under the provident fund/esi act but before the filing of the income tax returns by placing reliance upon the supreme court judgment in vinay cement (supra), at this juncture we take note of the discussion of itat on this aspect .....

Tag this Judgment!

Nov 30 2009 (HC)

Jagjit Pal Singh Anand Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Nov-30-2009

Reported in : (2010)229CTR(Del)243; [2010]321ITR106(Delhi)

..... learned senior counsel that this aspect is not dealt with by the tribunal, no attempt was made by the appellant by filing application under section 254(2) of the income tax act pointing out that such a plea was taken but not considered. accordingly we decide this question also against the appellant.19. as a consequence this appeal is dismissed with ..... any such attempt. had the appellant made a claim in this behalf on the premise that it represent an expenditure incurred which is allowable under section 37 of the income tax act, before the assessing officer, the assessing officer could have gone into this aspect. however, such a plea was not even taken either before the assessing officer or before the ..... framed:question no. 19. this question relates to the justification in initiating the proceedings under section 147 of the income tax act. the submission in this behalf was that proceedings were initiated by the assessing officer at the instance of commissioner of income tax and there was no independent application of mind by the assessing officer. this submission is predicated on the noting ..... escaped assessment?2. whether on true and correct interpretation of section 69 of the income tax act, 1961, the income tax appellate tribunal was justified in law in upholding the action of the commissioner of income tax (appeals) in sustaining the addition of rs. 10,79,995/- under section 69 of the act, on account of unexplained investment for alleged imports of goods?immediately thereafter the .....

Tag this Judgment!

Nov 30 2009 (HC)

Commissioner of Income Tax Vs. Advance Detergents Ltd.

Court : Delhi

Decided on : Nov-30-2009

Reported in : (2010)228CTR(Del)356; [2010]188TAXMAN15(Delhi)

..... . the ao reduced this amount from the profits of the business for the purposes of computing deduction under section 80-ia of the act, treating the aforesaid income of rs. 12,60,540 as 'income from other sources' and not business income. view of the ao was that the interest receipts had not been earned by the assessee out of its manufacturing activities and ..... from the debtors for late payment of the sale proceeds and the question was as to whether this interest can be treated as the income derived from the business for the purpose of section 80-i of the act. answering the question in favour of the assessee, the gujarat high court relied upon the judgment of the apex court in the case ..... judgments of different high courts and different benches of the tribunal itself.5. section 80-i of the act provides for a deduction from the profits and gains, of an amount equal to 20 per cent thereof in those cases where the gross total income of an assessee includes any profits and gains derived, inter alia, from an industrial undertaking. sub-section ..... assessee.4. order of the ao was confirmed by the cit(a). however, on further appeal preferred before the tribunal, the appeal of the assessee has been allowed by the tribunal by directing the ao to compute the deduction under section 80-ia of the act and treating the aforesaid income as business income. the tribunal, for arriving at this conclusion, has referred to .....

Tag this Judgment!

Nov 11 2009 (HC)

Shiva Kant Jha Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Nov-11-2009

Reported in : [2009]185TAXMAN424(Delhi)

..... the central government to enter into an agreement with the government of any country outside india for the granting of relief in respect of income on which, both income tax (including supertax) under the act and income tax in that country, under the income tax act and the corresponding law in force in that country, had been paid. the central government could make such provisions as necessary for implementing ..... the agreement by notification in the official gazette. when the income tax act, 1961 was introduced, section 90 contained therein initially was a reproduction of section 49a of the 1922 act. the finance act, 1972 (act 16 of 1972) modified section 90 and brought it into force with effect from 1-4-1972. the object and ..... grant exemption therefrom vests absolutely in parliament and no other body, howsoever high, can exercise such power. once parliament has enacted the income tax act, taxes must be levied and collected in accordance therewith and no person has the power to grant any exemption therefrom. the treaty-making power under article 73 is confined only to ..... situation is the same in india; that unless there is a specific exemption granted by parliament, it is not open for the central government to grant any exemption from the tax payable under the income tax act.31. in our view, the contention is wholly misconceived. section 90, as we have already noticed (including its precursor under the 1922 .....

Tag this Judgment!

Oct 30 2009 (HC)

The Motor and General Finance Ltd. Vs. Commissioner of Income Tax-vi

Court : Delhi

Decided on : Oct-30-2009

Reported in : (2010)228CTR(Del)109; [2010]321ITR88(Delhi); [2009]185TAXMAN167(Delhi)

..... interest by way of compensation to be calculated for 'every month or part of the month' on the amounts of taxes paid from the date of actual payment as provided in section 244a(1)(b) of the income tax act, 1961 (for short, the 'act') for the entire period of wrongful retention as defined in the judgment of the supreme court in the case of ..... sandvik asia ltd. v. commissioner of income tax i, pune and ors. : (2006) 2 scc 508 where the entire or almost entire additions ..... interest was retained. the court held that once interest becomes due it takes the same colour as excess amounts of tax and they awarded interest thereon at the rates prescribed under the act.xx xx xxthe madhya pradesh high court in an income tax reference itr no. 5 of 1996 followed the gujarat high court decisions and answered in the affirmative and in favour ..... assessee had filed its return of income tax showing a particular income. tax payable had been paid in the form of tds and advance tax. on the basis of income tax return filed, tax payable was less than what was already paid in the form of tds and advance tax and, therefore, refund was claimed. an intimation under section 143(1)(a) of the act had been passed and refund .....

Tag this Judgment!

Oct 30 2009 (HC)

Ansal Housing and Construction Ltd. Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Oct-30-2009

Reported in : (2010)228CTR(Del)262; [2010]320ITR420(Delhi); [2009]185TAXMAN74(Delhi)

..... to deduction under the aforesaid provision as it was engaged in the activity of ship breaking and was, thus, an 'industrial undertaking', the court observed as under:the income-tax act does not define the expression 'industrial undertaking'. therefore, reference to its definition in similar enactments or adoption of its ordinary meaning is inevitable. considering the object of the ..... transfer took place, was being used by the assessee for the purposes of the business of the said undertaking....is profitable. the word 'business' has been denned in the income-tax act. the definition reads:'business' includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture.7. construing this word 'business ..... be given to these words 'industrial undertaking' must be the natural meaning it is all the more so because the income-tax act is one consolidating and amending the law relating to income-tax and super tax (see rao bahadur ravulu subba rao v. commissioner of income tax : (1956) 30 itr 163 (sc) at 169).6. 'undertaking' in common parlance means an 'enterprise', 'venture', ' ..... 'industrial undertakings' in each of the aforesaid statutes, which are 'factories' and carrying on some manufacturing activity.11. in the absence of any definition provided under the income tax act, it would be admissible to find out the scope of this expression by resorting to its meaning in common parlance as understood by common persons or its natural and .....

Tag this Judgment!

Oct 26 2009 (HC)

Commissioner of Income Tax Vs. Ms. Sushma Kapoor

Court : Delhi

Decided on : Oct-26-2009

Reported in : [2009]319ITR299(Delhi); [2010]188TAXMAN24(Delhi)

..... of fact.2. the assessing officer had disallowed expenses to the extent of rs. 10,00,000/- under section 14a of the income tax act. in appeal preferred by the assessee, the cit (a) arrived at a finding that on the last date of accounting year the investment was only rs. 80,000/-. another finding ..... that those two firms were in fact running from 296, forest lane, neb sarai, new delhi. income tax appellate tribunal (itat) has confirmed this finding recorded by the cit(a) in the following manner:the assessee submitted before cit(a) that the business of sidhi vinayak enterprises and m/s. pdk stock & securities were run ..... had made disallowance without any material. the assessee had claimed 50% depreciation and only 50% of electricity expenses as she owned 50% of the premises cit(a) was satisfied by the explanation and observed that the a.o. had no evidence to say that shri punit kapoor and smt. sheila kapoor were ..... that to the extent it could be proved that investment was made from the borrowed funds, the expenses have been disallowed under section 14a of the act, which is again based on finding of facts.3. the assessee had claimed depreciation in respect of flat no. 801 and 802, international trade tower ..... which was recorded was that the investment was made in the preceding year and no part of investments were correlated with the borrowed funds. the cit found that investment made in zurich india top 200 funds was advances from the loan and, therefore, only to this extent the interest could be .....

Tag this Judgment!

Oct 22 2009 (HC)

Commissioner of Income Tax Vs. Tadashi Murakami

Court : Delhi

Decided on : Oct-22-2009

Reported in : [2009]319ITR347(Delhi); [2010]187TAXMAN158(Delhi)

..... order to find the reasons. we are not impressed with this submission. under section 195a of the income tax act, grossing up could be done by the ao if the tax chargeable on any income was borne by the employer. it is clear from the assessment order that tax amount of rs. 1,68,104/- was paid by the employer and, specifically, addition to this effect ..... ) also deleted addition of rs. 1,68,104/- holding that this was a non-monetary perk.4. the revenue went in appeal against the order of the cit (appeal). the income tax appellate tribunal (itat) has sustained the deletion of rs. 1,68,104/- treating it to be a non-monetary benefit. for arriving at this conclusion it relied upon the judgment ..... tax liability, applying the provisions of 195a, to rs. 22,61,276/-. no basis of this grossing up of ..... ,68,104/- treating it to be a monetary perk. in this manner, the figure of gross total income was arrived at rs. 51,56,849/- and after giving standard deduction of rs. 20,000/- the total income was arrived at rs. 51,36,849/-. on this, tax was calculated at rs. 15,15,055/-. after doing this exercise, the ao also grossed up .....

Tag this Judgment!

Oct 21 2009 (HC)

Ongc Videsh Limited and anr. Vs. Deputy Commissioner of Income Tax and ...

Court : Delhi

Decided on : Oct-21-2009

Reported in : [2010]321ITR266(Delhi)

..... disallowing various deductions made by the petitioner, which amounted to more than 395.85 crore. simultaneously, the assessing officer also initiated penalty proceedings under section 271(1)(c) of the income tax act.3. the petitioner preferred appeal against the assessment order passed by the assessing officer. the said appeal was partly allowed granting certain relief to the petitioner herein. not satisfied, the ..... petitioner appealed to the income tax appellate tribunal. this appeal was finally heard on 7th september, 2009 by the tribunal and the judgment has been reserved. however, till date order has not been pronounced.4. in ..... while declining the request of the petitioner to extend the stay. we may also note at this stage that the petitioner has filed an application before the additional commissioner of income tax-13, new delhi as well for grant of stay of the order. this application was filed on 13th october, 2009.8. having regard to the fact that the petitioner is ..... to be the same even as of today, we are of the opinion that till the application dated 13th october, 2009 filed by the petitioner before the additional commissioner of income tax-13, new delhi is decided, no coercive steps be taken by the respondents for recovery of the amount due.9. further having regard to the fact that the appeal against .....

Tag this Judgment!

Oct 15 2009 (HC)

Cit Vs. Bharat Alumunium Co. Ltd.

Court : Delhi

Decided on : Oct-15-2009

Reported in : [2010]187TAXMAN111(Delhi)

..... before the previous year, the actual cost to the assessee less all depreciation actually allowed to him under this act, or under the indian income-tax act, 1922(11 of 1922), or any act repealed by that act, or under any executive orders issued when the indian income-tax act, 1986 (2 of 1886), was in force;[provided that in determining the written down value in respect of buildings ..... section 32, 'depreciation actually allowed' shall not include depreciation allowed under sub-clauses (a), (b) and (c) of clause (vi) of sub-section (2) of section 10 of the indian income-tax act, 1922 (11 of 1922), where such depreciation was not deductible in determining the written down value for the purposes of the said clause (vi);]c) in the case of any ..... jurisdiction to examine a question of law which arose from such facts. the relevant portion of the judgment laying down this principle is as under:under section 254 of the income-tax act, the appellate tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. the power of the tribunal ..... amount to ntpc.6. the assessing officer (ao) disallowed the claim on the ground that the same was not covered under the provision of section 82 of the income tax act (hereinafter referred to as 'the act'). according to the ao, the money was contributed towards capital expenditure, incurred by the ntpc in laying infrastructure facilities for coal handling supply. by doing so, the .....

Tag this Judgment!


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