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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 9 of about 270,442 results (0.427 seconds)

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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Jul 31 2019 (HC)

M/S. Kanhaiyalal Dudheria Vs. The Joint Commissioner of Income Tax

Court : Karnataka - Dharwad

..... notice of the assessing officer that said amount was spent towards construction of 169 houses and said expenditure was 13 claimed as allowable business expenditure under section 37 of the income tax act.11. the above expenditure having been disallowed as already noticed herein above by the assessing officer is now the subject matter of this appeal and substantial question of law framed ..... of 169 houses for the villagers who had lost their homes due to natural calamity on the ground that it was not an expenditure allowable under section 37 of the income tax act, 1961, despite mou dated 02.07.2010 having been entered by the petitioner with the jurisdictional deputy commissioner, government of karnataka?. brief background of the case:2. the appellant- ..... extraction of iron ore and also trading in iron ore. for the assessment years 2011-12 and 2012-13 return of income came to be filed by the assessee, was processed under section 143(1) of income tax act, 1961 5 (for short act). the assessing officer disallowed the amount claimed by the assessee as social welfare expenses in a sum of ` 1,61, ..... for sri h.r.kambiyavar, advocate) a n d :1. the joint commissioner of income tax, bellary range, aayakar bhavan, fort, ballari-583102. 2 2. commissioner of income tax, c.r. building, navanagar, hubballi-580025. (by sri.y.v.raviraj, advocate) ...respondents this appeal is filed under section260 of the income tax act, 1961, praying to formulate the substantial question of law as stated above and allow .....

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Jul 31 2019 (HC)

Commissioner of Income Tax vs.rajiv Gupta

Court : Delhi

..... calcutta. the said group had declared huge amount of silver and silver utensils under the voluntary disclosure of income scheme, 1997(vdis). the sale of silver as claimed by them ..... ita8282005 & 833/2005 page 2 of 8 an income of rs.1,87,750/-. both the returns were picked up for scrutiny.7. at this stage, it requires to be noticed that a search and seizure operation under section 132 of the income tax act, 1961 ( act?) was carried out on the bamalwa group of ..... are by the revenue and are directed against the ita8282005 & 833/2005 page 1 of 8 common order dated 27th january, 2005 passed by the income tax appellate tribunal in ita nos. 3919/del/2001 and 3920/del/2001 for the assessment year (ay) 1998-99.2. in ita no.828/ ..... hossain, senior standing counsel for revenue versus rajiv gupta .... respondent through: mr. ved jain, mr. kislaya parashar and ita8332005 and ms. umang luthra, advocates commissioner of income tax ... appellant through: mr. deepak anand and mr. zoheb hossain, senior standing counsel for revenue versus ajay kumar gupta ... respondent through: mr. ved jain, mr. ..... circumstances, be said to be perverse.19. in kachwala gems jaipur v. joint commissioner of income tax (2007) 12 scc761it was held that the ao can reject the assessment under section 145 (3) of the act if he finds that there are defects in the books of accounts and where bogus purchases .....

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Jul 31 2019 (HC)

Commissioner of Income Tax vs.ajay Kumar Gupta

Court : Delhi

..... calcutta. the said group had declared huge amount of silver and silver utensils under the voluntary disclosure of income scheme, 1997(vdis). the sale of silver as claimed by them ..... ita8282005 & 833/2005 page 2 of 8 an income of rs.1,87,750/-. both the returns were picked up for scrutiny.7. at this stage, it requires to be noticed that a search and seizure operation under section 132 of the income tax act, 1961 ( act?) was carried out on the bamalwa group of ..... are by the revenue and are directed against the ita8282005 & 833/2005 page 1 of 8 common order dated 27th january, 2005 passed by the income tax appellate tribunal in ita nos. 3919/del/2001 and 3920/del/2001 for the assessment year (ay) 1998-99.2. in ita no.828/ ..... hossain, senior standing counsel for revenue versus rajiv gupta .... respondent through: mr. ved jain, mr. kislaya parashar and ita8332005 and ms. umang luthra, advocates commissioner of income tax ... appellant through: mr. deepak anand and mr. zoheb hossain, senior standing counsel for revenue versus ajay kumar gupta ... respondent through: mr. ved jain, mr. ..... circumstances, be said to be perverse.19. in kachwala gems jaipur v. joint commissioner of income tax (2007) 12 scc761it was held that the ao can reject the assessment under section 145 (3) of the act if he finds that there are defects in the books of accounts and where bogus purchases .....

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Jul 31 2019 (HC)

Xstrata Coal Marketing Ag vs.dalmia Bharat (Cement) Ltd

Court : Delhi

..... taken by the income tax department on this score would also have to be rejected.15. this brings me to the last aspect which ..... short 1962 act ) and the dtaa.14. clearly, nothing can be further from reality. therefore, the stand ..... show that the income tax department proceeded on completely erroneous view of the matter.13. the income tax department has treated monies received under the award towards arbitration costs and legal costs as income of the decree holder and thereby proceeded to take the stand that the same will be taxable as fee for technical services , both under the provisions of income tax act, 1962 (in ..... decree holder from a source in india. in absence of a permanent establishment in india, this cannot be taxed as business income under the provisions of dtaa. therefore, the nature of this income is income from other sources . under the act, such income is taxable at the rate of 40% plus surcharge and particulars of award damages for breach of contract between xstrata and .....

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Jul 31 2019 (HC)

Glencore International Ag vs.dalmia Cement (Bharat) Limited

Court : Delhi

..... means that the source of fee for technical services is in india. under the income-tax act such services are taxable @ 40% + surcharge and education cess i.e. 42.024%, in a case like this one. however, under the beneficial provisions of dtaa, fts is taxable @ 10 ..... fee for technical services under the provisions of incurred are ex.p.no.75/2015 pg. 4 of 9 interest the above on usd636,853 total usd5763,638 from glencore income tax act as well as dtaa. the payment by dalmia to glencore appears as reimbursement but if we see the money flow from dalmia to glencore and to legal/technical experts, this ..... by the income tax department on this score would also have to be rejected.14. this brings me to the last aspect which relates ..... has treated monies received under the award towards arbitration costs and legal costs as income of the decree holder and thereby proceeded to take the stand that the same will be taxable as fee for technical services , both under the provisions of income tax act, 1962 (in short 1962 act ) and the dtaa.13. clearly, nothing can be further from reality. therefore, the stand taken .....

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