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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 8 of about 270,425 results (0.546 seconds)

Aug 13 2019 (SC)

The Principal Commissioner of Income Tax 4 Mumbai Vs. M/S s.g. Asia H ...

Court : Supreme Court of India

..... .4. instruction no.3/2003 dated 20.05.2003 which weighed with the tribunal and the high court, is as under:- instruction no.3/2003 section92of the income tax act, 1961 transfer pricing computation of income from international transaction having regard to arm s length price under section92 guidelines to transfer pricing officers and assessing officers to operationalise pricing provisions and to have procedural ..... in the determination of arm s length price in identical or substantially identical cases. these instructions are under section 119 of the income-tax act. civil appeal no.6144 of 2019 @ slp(c)no.12126 of 2019 the principal commissioner of income tax-4, mumbai vs. m/s. s.g. asia holding (i) pvt. ltd. 9 register of record to be maintained by transfer pricing ..... was found to be at a lower rate as compared to the prevalent rates in market. the assessing officer, therefore, while computing the assessment under section 143(3) of the income tax act, 1961 ( the act , for short), by his order dated 27.12.2007 made an addition of rs.2,89,82,746/- under section 92 of the ..... , dated april, 2003 in exercise of the power conferred by sub-section (1) and sub-section (2) of section 120 of the income-tax act, 1961, the central board of direct taxes hereby directs that the transfer pricing officers mentioned in column 2 having their headquarters mentioned in column 3 shall exercise such powers and perform such function of transfer pricing officers .....

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Aug 13 2019 (SC)

Commissioner of Income Tax Vs. Laxman Das Khandelwal

Court : Supreme Court of India

..... service of notice on the assessee under section 143(2) within the prescribed period of time is a prerequisite for framing the block assessment under chapter xiv-b of the income tax act, 1961?. 27. the case of the revenue is that the expression so far as may be, apply indicates that it is not expected to follow the provisions of section 142 ..... the undisputed findings arrived at by the commissioner of income tax (appeals), the additions made under section 68 of the income tax act, 1961 should be deleted or set aside?. 4. the high court, disagreeing with the tribunal, held, that the provisions of section 142 and sub- sections ..... ), the issue that arose before the high court was the effect of absence of notice under section 143(2) of the income tax act, 1961 ( the act , for short). the respondent-assessee relied upon the decision of this court in assistant commissioner of income tax and another vs. hotel blue moon2. on the other hand, reliance was placed by the appellant on the provisions of section ..... : (1) whether on the facts and in circumstances of the case the issuance of notice under section 143(3) of the income tax act, 1961 within the prescribed time- limit for the purpose of making the assessment under section 143(3) of the income tax act, 1961 is mandatory?. and (2) whether, on the facts and in the circumstances of the case and in view of .....

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Aug 09 2019 (HC)

The Pr. Commissioner of Income Tax Central-3 vs.m/s. Dreamcity Buildw ...

Court : Delhi

..... . taneja in his statement. therefore, for this reason also, i am satisfied that it is a fit case for initiating proceedings under section 153c of the income tax act, 1961.? 11. the itat correctly noted that two of the above documents referred to, viz., the licence issued to the assessee by the director, town and ..... main controlling person of the taneja group of companies, mr. d.n. taneja in his sworn statement given under section 132(4) of the income tax act, 1961 offered an income of rs.6.23 crore for taxation in respect of entries taken by various taneja group of companies from the concerns of mr. s.k. ..... ltd. in the light of the above, i am satisfied that the above case is a fit case for issuing notice under section 153c of the income tax act, 1961 as the seized documents mentioned above belonging to dreamcity buildwell p. ltd. being a person than a person in whose case the search has been ..... of rs.2.12 crores made by the assessing officer (?ao ) on account of unexplained cash credit under section 68 of the income tax act, 1961 (?act ) adopting ?a restrictive and pedantic interpretation of the scope of assessment under section 143 (3) read with ita11522017 page 1 of 11 section 153c ..... the satisfaction note of the ao for assumption of jurisdiction qua the respondent assessee under section 153c of the act read as under: ?a search and seizure operation under section 132(1) of the income-tax act was carried on 5.01.2009 at various business and residential premises of taneja puri group of cases, .....

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Aug 08 2019 (HC)

Union of India and Ors. Vs.manoj Kumar Gautam

Court : Delhi

..... giving inappropriate directions to the tro. thus, by his aforesaid acts, shri m.k. gautam failed to maintain absolute integrity, devotion to duty and exhibited conduct unbecoming of a government servant ..... the reserve price, as required b rule 18 of the income tax (certificate proceedings) rules, 1962. in connivance with the tro, he issued directions to sell the shares on first come first offer basis? instead of sale by public auction as required by rules 43 and 44 of the second schedule of the income-tax act, 1961. thus, he failed in his supervisory duties by ..... been issued well after the order was passed by the tribunal on 16.11.2017 directing that the respondent be promoted to the post of chief commissioner of income tax, since he had been found fit for promotion by the dpc.10. mr. makhija has submitted that the complaint against the respondent had been received in the year 2011. evidently ..... . the charge memorandum was not issued either before holding of the dpc - when the respondent s case came up for consideration for promotion to the post of chief commissioner of income tax, or even w.p.(c) 8115/2019 page 5 of 6 thereafter till the pendency of the original application preferred by the respondent in september 2017. the charge memorandum has .....

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Aug 07 2019 (HC)

M/S. Nestle Sa vs.assistant Commissioner of Income Tax (Internationa ...

Court : Delhi

..... reason to interfere with the order under challenge. however, we clarify that when a notice w.p.(c) 12643/2018 page 12 of 14 under section 148 of the income tax act is issued, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing notices. the assessing officer is ..... seeking the quashing of a notice dated 26th march, 2018 issued to it by the assistant commissioner of income tax (international taxation), circle-2 (2) (2), new delhi (the respondent) under section 148 of the income tax act, 1961 ( act?) requiring it to file a return of income. the petition also challenges an order dated 23rd october, 2018 passed by the respondent rejecting the... petitioner ..... believe" in support of re-assessment notice, it is pointed out, do not disclose any tangible material other than the income derived by the assessee [exempted income and tax deducted income]..3. prime facie the court is of the opinion that ..... mind. it points out that as a foreign company it derives income of dividend and interest income, both of which have received tax treatment in india appropriately [first as exempt and second subject to tds]., and it was exempted from the obligation to file returns under section 115a of the income tax act and the relevant departmental instructions. in these circumstances, "reasons to .....

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Aug 07 2019 (HC)

M/S Turner International India Pvt Ltd vs.m/s R C Sood & Co Pvt Ltd & ...

Court : Delhi

..... only) per month from the date of commencement of rent i.e. from 1st august, 2003. the lessee shall deduct at source all such taxes as are to be deducted under the provision of the income tax act. any fresh taxes connected with the services covered by this agreement it imposed by any statutory body of central/state government, the same shall be borne by ..... are the links between the materials on which certain conclusions are based and the actual conclusions. the faith of the people in administrative authorities can be sustained only if they act fairly and dispose of the matters before them by well- considered orders..." 15. when the findings in the impugned award are examined in the light of the settled legal position ..... that an award passed by a labour court is the end product of an adjudicatory process rfa10332018 page 10 of 14 by a statutory authority appointed under the industrial disputes act, 1947. while performing this adjudicatory function, it is incumbent upon a labour court to apply its mind to the material on record and provide reasons, howsoever brief, in support of ..... . this indenture of lease is made at new delhi on this 6th day of 2003 by and between r.c. sood & co. pvt. ltd., (a company registered under the companies act 1956) having its registered office at s-1 american plaza, international trade tower, nehru place, new delhi-110019(hereinafter called the lessor when expression wherever the context permits be deemed .....

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Aug 06 2019 (HC)

Chetan Sabharwal vs.assistant Commissioner of Income Tax, Circle 28 ( ...

Court : Delhi

..... facts and seek similar reliefs pertaining to the reopening of assessments earlier made for the assessment years (ay) 2008-09 and 2009-10 under sectionsof the income tax act, 1961 (act). they are accordingly being disposed of by this common judgment.2. mr. chetan sabharwal has filed two writ petitions - w.p. (c) no ..... . chetan sabharwal: returns for the assessment years ( ay?) 2008-2009 and 2009- 2010 were subject-matter of orders under section 143(3) of the income tax act, 1961. first question which arises is whether it is a case of examination and change in opinion. learned counsel for the petitioner submits that the reopening ..... ,629/~ was deposited in the capital gains saving bank a/c before 30th september 2009 and the deduction u/s 54 f of the income tax act, 1961 was claimed. mr. chetan sabharwal and mr. nitin sabharwal have also purchased 1/4th share each in the property no.7, sikandara road, ..... rs.31,91,50,000/- was deposited in the capital gains saving bank a/c before 30th september 2009 and the deduction u/s 54f of the income tax act, 1961 was claimed. similarly, mr. nitin sabharwal has shown capital gains of rs. 40,40,84,770/- out of which rs. 35,80,97 ..... .10898/2015 which challenges the notice dated 31st march, 2015 issued by the respondent/assistant commissioner of income tax (acit) under section 148 of the act seeking to reopen the assessment for ay200809 and the consequential order dated 24th september, 2015 disposing of its objections and w.p(c) .....

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Aug 06 2019 (HC)

Chetan Sabharwal vs.assistant Commissioner of Income Tax Circle 28 (1 ...

Court : Delhi

..... facts and seek similar reliefs pertaining to the reopening of assessments earlier made for the assessment years (ay) 2008-09 and 2009-10 under sectionsof the income tax act, 1961 (act). they are accordingly being disposed of by this common judgment.2. mr. chetan sabharwal has filed two writ petitions - w.p. (c) no ..... . chetan sabharwal: returns for the assessment years ( ay?) 2008-2009 and 2009- 2010 were subject-matter of orders under section 143(3) of the income tax act, 1961. first question which arises is whether it is a case of examination and change in opinion. learned counsel for the petitioner submits that the reopening ..... ,629/~ was deposited in the capital gains saving bank a/c before 30th september 2009 and the deduction u/s 54 f of the income tax act, 1961 was claimed. mr. chetan sabharwal and mr. nitin sabharwal have also purchased 1/4th share each in the property no.7, sikandara road, ..... rs.31,91,50,000/- was deposited in the capital gains saving bank a/c before 30th september 2009 and the deduction u/s 54f of the income tax act, 1961 was claimed. similarly, mr. nitin sabharwal has shown capital gains of rs. 40,40,84,770/- out of which rs. 35,80,97 ..... .10898/2015 which challenges the notice dated 31st march, 2015 issued by the respondent/assistant commissioner of income tax (acit) under section 148 of the act seeking to reopen the assessment for ay200809 and the consequential order dated 24th september, 2015 disposing of its objections and w.p(c) .....

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Aug 06 2019 (HC)

Nitin Sabharwal vs.assistant Commissioner of Income Tax Circle 28(1)

Court : Delhi

..... facts and seek similar reliefs pertaining to the reopening of assessments earlier made for the assessment years (ay) 2008-09 and 2009-10 under sectionsof the income tax act, 1961 (act). they are accordingly being disposed of by this common judgment.2. mr. chetan sabharwal has filed two writ petitions - w.p. (c) no ..... . chetan sabharwal: returns for the assessment years ( ay?) 2008-2009 and 2009- 2010 were subject-matter of orders under section 143(3) of the income tax act, 1961. first question which arises is whether it is a case of examination and change in opinion. learned counsel for the petitioner submits that the reopening ..... ,629/~ was deposited in the capital gains saving bank a/c before 30th september 2009 and the deduction u/s 54 f of the income tax act, 1961 was claimed. mr. chetan sabharwal and mr. nitin sabharwal have also purchased 1/4th share each in the property no.7, sikandara road, ..... rs.31,91,50,000/- was deposited in the capital gains saving bank a/c before 30th september 2009 and the deduction u/s 54f of the income tax act, 1961 was claimed. similarly, mr. nitin sabharwal has shown capital gains of rs. 40,40,84,770/- out of which rs. 35,80,97 ..... .10898/2015 which challenges the notice dated 31st march, 2015 issued by the respondent/assistant commissioner of income tax (acit) under section 148 of the act seeking to reopen the assessment for ay200809 and the consequential order dated 24th september, 2015 disposing of its objections and w.p(c) .....

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Aug 06 2019 (HC)

Nitin Sabharwal vs.assistant Commissioner of Income Tax, Circle 28(1)

Court : Delhi

..... facts and seek similar reliefs pertaining to the reopening of assessments earlier made for the assessment years (ay) 2008-09 and 2009-10 under sectionsof the income tax act, 1961 (act). they are accordingly being disposed of by this common judgment.2. mr. chetan sabharwal has filed two writ petitions - w.p. (c) no ..... . chetan sabharwal: returns for the assessment years ( ay?) 2008-2009 and 2009- 2010 were subject-matter of orders under section 143(3) of the income tax act, 1961. first question which arises is whether it is a case of examination and change in opinion. learned counsel for the petitioner submits that the reopening ..... ,629/~ was deposited in the capital gains saving bank a/c before 30th september 2009 and the deduction u/s 54 f of the income tax act, 1961 was claimed. mr. chetan sabharwal and mr. nitin sabharwal have also purchased 1/4th share each in the property no.7, sikandara road, ..... rs.31,91,50,000/- was deposited in the capital gains saving bank a/c before 30th september 2009 and the deduction u/s 54f of the income tax act, 1961 was claimed. similarly, mr. nitin sabharwal has shown capital gains of rs. 40,40,84,770/- out of which rs. 35,80,97 ..... .10898/2015 which challenges the notice dated 31st march, 2015 issued by the respondent/assistant commissioner of income tax (acit) under section 148 of the act seeking to reopen the assessment for ay200809 and the consequential order dated 24th september, 2015 disposing of its objections and w.p(c) .....

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