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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 11 of about 270,347 results (0.494 seconds)

May 17 2019 (HC)

Puneet Sharma vs.union of India & Ors

Court : Delhi

..... the huge number of applications received for the above-mentioned posts, the interim search-cum-selection committee deemed it fit to conjointly read section 252 of the income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963. considering the above provisions, guidelines, status of applications and on perusal of list of candidates in ..... been framed in exercise of the powers conferred by the proviso to article 309 of the constitution of india. 5.2 conjoint reading of section 252 of income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 provides that the selection board/committee is well within their rights and powers to evolve its ..... state of rajasthan, (2015) 8 scc484 5. learned counsel for the respondent urged at the time of hearing that:5. 1 the petitioners are reading section 252 of the income tax act, 1961 erroneously inasmuch as section 252 provides for minimum practice of 10 years for advocates to be considered for the post of member, judicial itat. it is submitted that section ..... of calling all the applicants as not practicable ; resorting to rules framed under article 309 of the constitution of india is a drastic step when the statute i.e. income tax act, 1961 provides for well defined eligibility criteria for the candidates to be selection as members of itat; the respondent authority cannot change the rule of the game midstream and w .....

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May 17 2019 (HC)

Mohinder Kaur Sahlot and Anr. Vs.union of India

Court : Delhi

..... the huge number of applications received for the above-mentioned posts, the interim search-cum-selection committee deemed it fit to conjointly read section 252 of the income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963. considering the above provisions, guidelines, status of applications and on perusal of list of candidates in ..... been framed in exercise of the powers conferred by the proviso to article 309 of the constitution of india. 5.2 conjoint reading of section 252 of income tax act, 1961 and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963 provides that the selection board/committee is well within their rights and powers to evolve its ..... state of rajasthan, (2015) 8 scc484 5. learned counsel for the respondent urged at the time of hearing that:5. 1 the petitioners are reading section 252 of the income tax act, 1961 erroneously inasmuch as section 252 provides for minimum practice of 10 years for advocates to be considered for the post of member, judicial itat. it is submitted that section ..... of calling all the applicants as not practicable ; resorting to rules framed under article 309 of the constitution of india is a drastic step when the statute i.e. income tax act, 1961 provides for well defined eligibility criteria for the candidates to be selection as members of itat; the respondent authority cannot change the rule of the game midstream and w .....

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May 08 2019 (SC)

M/S. Steel Authority of India Ltd. (Unit Bhilai Steel Plant) Ispat Bha ...

Court : Supreme Court of India

..... jurisdiction.30. we are of the view that the appellants are not justified in seeking to derive support from the judgments rendered by this court under the income tax act. the impact of taxing of income under the income tax act would not be apposite for considering the question which arises in these cases which is whether interest can be levied under section 11ab of the ..... purpose of reaching that result closed accounts could be reopened. whether this principle is justified in the english law, it has no place under the indian income tax act. when an income-tax officer proceeds to include a particular income in the assessment, he should ask himself inter alia, two questions, namely, (i) what is the system of accountancy adopted by the assessee?. and ( ..... any equitable considerations can make any difference to the position which rests entirely on a strict interpretation of the provisions of section 4(1)(a) of the income tax act. 27. in commissioner of income tax, madras v. a. gajapathy naidu, madras air1964sc1653 a bench of three learned judges had to deal with the following factual scenario. the respondent had entered into a ..... payment of duty under the head short paid .6) the effect of decisions under the income tax act relating to accrual of income and the impact of accrual of income under the income 10 tax act on the liability under section 11ab of the act having regard to the statutory scheme under the act and the rules.8. before we proceed to deal with the matter in greater detail .....

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May 03 2019 (HC)

Himanshu Kumar Verma and Anr. Vs.union of India and Ors.

Court : Delhi

..... the court explained this principle in the following manner: (scc pp. 478- 79, paras 33-37) ?33. cbdt has the requisite jurisdiction to interpret the provisions of the income tax act. the interpretation of cbdt being in the realm of executive construction, should ordinarily be held to be binding, save and except where it violates any provisions of law or is ..... pointed out by this court in desh bandhu gupta v. delhi stock exchange assn. ltd. [(1979) 4 scc565 and k.p. varghese v. ito [(1981) 4 scc173:1981. scc (tax) 2 (1981) 131 itr597 that a contemporaneous exposition by the administrative authorities is a very useful and relevant guide to the interpretation of the expressions used in a statute. considering ..... the subject- matter.? 26. we are also of the opinion that another principle of interpretation of statutes, namely, principle of contemporanea expositio also becomes applicable which is manifest from the act of the government in issuing two notifications giving effect to rule 18. this principle was explained by the court in desh bandhu gupta and co.v. delhi stock exchange assn ..... of our constitution, which were created for fortifying the strong federal structure of the country besides being a powerful unifying influence in binding the constituent states and also to counter act regional/ parochial tendencies. all india services helps the states which are not able to provide manpower of the requisite strength and calibre for various government functions and development projects. .....

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May 03 2019 (HC)

Haaris Rasheed & Ors. Vs.union of India and Ors

Court : Delhi

..... the court explained this principle in the following manner: (scc pp. 478- 79, paras 33-37) ?33. cbdt has the requisite jurisdiction to interpret the provisions of the income tax act. the interpretation of cbdt being in the realm of executive construction, should ordinarily be held to be binding, save and except where it violates any provisions of law or is ..... pointed out by this court in desh bandhu gupta v. delhi stock exchange assn. ltd. [(1979) 4 scc565 and k.p. varghese v. ito [(1981) 4 scc173:1981. scc (tax) 2 (1981) 131 itr597 that a contemporaneous exposition by the administrative authorities is a very useful and relevant guide to the interpretation of the expressions used in a statute. considering ..... the subject- matter.? 26. we are also of the opinion that another principle of interpretation of statutes, namely, principle of contemporanea expositio also becomes applicable which is manifest from the act of the government in issuing two notifications giving effect to rule 18. this principle was explained by the court in desh bandhu gupta and co.v. delhi stock exchange assn ..... of our constitution, which were created for fortifying the strong federal structure of the country besides being a powerful unifying influence in binding the constituent states and also to counter act regional/ parochial tendencies. all india services helps the states which are not able to provide manpower of the requisite strength and calibre for various government functions and development projects. .....

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May 03 2019 (HC)

Ajay Gandhi and Ors. Vs.union of India and Ors.

Court : Delhi

..... the court explained this principle in the following manner: (scc pp. 478- 79, paras 33-37) ?33. cbdt has the requisite jurisdiction to interpret the provisions of the income tax act. the interpretation of cbdt being in the realm of executive construction, should ordinarily be held to be binding, save and except where it violates any provisions of law or is ..... pointed out by this court in desh bandhu gupta v. delhi stock exchange assn. ltd. [(1979) 4 scc565 and k.p. varghese v. ito [(1981) 4 scc173:1981. scc (tax) 2 (1981) 131 itr597 that a contemporaneous exposition by the administrative authorities is a very useful and relevant guide to the interpretation of the expressions used in a statute. considering ..... the subject- matter.? 26. we are also of the opinion that another principle of interpretation of statutes, namely, principle of contemporanea expositio also becomes applicable which is manifest from the act of the government in issuing two notifications giving effect to rule 18. this principle was explained by the court in desh bandhu gupta and co.v. delhi stock exchange assn ..... of our constitution, which were created for fortifying the strong federal structure of the country besides being a powerful unifying influence in binding the constituent states and also to counter act regional/ parochial tendencies. all india services helps the states which are not able to provide manpower of the requisite strength and calibre for various government functions and development projects. .....

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May 01 2019 (SC)

Ryatar Sahakari Sakkarre Karkhane Niyamit Vs. Asst. Commissioner of In ...

Court : Supreme Court of India

..... high court by which a bunch of appeals, some filed by the assessee and some filed by the commissioner of income tax (revenue) under section 260 a of the income tax act, 1961(hereinafter referred to as the act ) were disposed of.4. so far as the appeals filed by the assessee were concerned, they were dismissed and ..... so far as the appeals filed by the commissioner of income tax were concerned, they were allowed. the assessee has felt aggrieved ..... .4515 4524 of2019(arising out of s.l.p.(c) nos.14053 14062 of 2017) ryatar sahakari sakkarre karkhane niyamit .appellant(s) versus asst. commissioner of income tax c 1 & ors. .respondent(s) judgment abhay manohar sapre, j.1. leave granted.2. these appeals are filed against the final judgment and order dated ..... frame any question as required under section 260 a (3) of the act.10. this court recently examined this question in civil appeal no.3968 of 2019 arising out of s.l.p.(c) no.29524 of 2017 (pr. commissioner of income tax central 2 vs. m/s a.a. estate pvt. ltd.) decided ..... framed were not involved in the appeal and this the respondent could urge by taking recourse to sub section (5) of section 260 a of the act. but this stage in this case did not arise because as mentioned above, the high court neither admitted the appeal nor framed any question as required .....

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Apr 30 2019 (SC)

Jk Jute Mill Mazdoor Morcha Vs. Juggilal Kamlapat Jute Mills Company L ...

Court : Supreme Court of India

..... . v. canara bank, (2018) 9 scc322[ canara bank ].. this judgment dealt with the expression established by or under a central, state or provincial act contained in section 194-a(3)(iii) of the income tax act, 1961. after exhaustively reviewing the case law on the subject, this court came 10 to the conclusion that the noida authority was established as an authority ..... under the state act. while dealing with several judgments of this court, the court, in paragraphs 20, 24, and 25, followed judgments stating that a ..... 3(23). this being the case, entities such as companies, trusts, partnerships, and limited liability partnerships are all entities governed by the companies act, the indian trusts act, and the partnership act, which are not established under those acts in the sense understood in canara bank (supra) and the judgments followed by it. the context, therefore, in which the phrase established under ..... substantive rights and substantial justice. the humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justitiae where the tragic sequel otherwise would be wholly inequitable. justice is the goal of jurisprudence processual, as much as substantive. 29. in state of punjab v .....

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Apr 29 2019 (HC)

The Pr. Commissioner of Income Tax -7 vs.royal and Sun Alliances It S ...

Court : Delhi

..... to the control exercised by the ae. such an interpretation for determining of arm?s length price unknown under the transfer pricing regulations either under the income tax act or under the rules. in case under utilization of capacity was triggering alp determination, then the ld. tpo should have identified the comparable in similar ..... $~70 * in the high court of delhi at new delhi decided on:29. h april, 2019 + ita4222019 & cm appl. 19849/2019 the pr. commissioner of income tax -7 through: mr. ruchir bhatia, sr. std. counsel. ..... appellant versus royal and sun alliances it solutions (india) pvt. ltd. through: mr. tapas ram ..... the assessee had wound up the operations. what the tpo and later the ao desired the assessee to do, was to include in hindsight, the income amounts which it had not received and offer a higher rate of return or profit.5. in these circumstances, the court is of the opinion that ..... has been made by the tpo, same is unsustainable in law and consequently there cannot be any question of furnishing of inaccurate particulars of income or any concealment of income. further there is no finding or observation by the ao that the loss margin of 13.23% has been found to be incorrect ..... % only. however, the assessee offered the amount lower than that, on the basis of its actual income to the profit margin. the tpo rejected it and in the report brought all the transactions to tax, including those not offered in the alp stating as follows:-" 7.1 the assessee has submitted revenue .....

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Apr 25 2019 (HC)

Union of India & Ors vs.m/s Rvg Metals & Alloys Pvt Ltd

Court : Delhi

..... be transferred to any person who has not filed an affidavit stating that he has filed an up-to-date income-tax return and paid the income tax assessed on him and paid the income tax on the basis of self assessment as provided in the income-tax act, 1961 (43 of 1961): lpa1842019 & conn. matters page 39 of 78 provided further that the administering authority shall not ..... place. in this regard, we may take note of the law laid down by the hon?ble supreme court in the case of industrial infrastructure development corporation vs. commissioner of income tax, mp, (2018) 4 scc494wherein in paras 21 and 22 the hon?ble supreme court has dealt with the legal issue in the following manner: 21. the general power, ..... rules he is required to provide an opportunity of hearing before taking any adverse decision on the application seeking exploration licence. these facts clearly show that the administering authority is acting as a quasi-judicial authority and therefore in the light of lpa1842019 & conn. matters page 18 of 78 the legal principles discussed hereinabove, particularly, the law laid down ..... technical expert from geological survey of india, kolkata and another technical expert from indian bureau of mines, nagpur. based on the criteria provided under section 12 of the oamdr act, the said screening committee scrutinized the applications and gave its recommendation with regard to allotment to the administering authority, who in turn, pursuant thereto published the list of selected applicants .....

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