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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 9 of about 270,337 results (0.426 seconds)

Jul 29 2019 (SC)

Krishna Kumar Rawat Vs. Union of India

Court : Supreme Court of India

..... case, we find no merit in these appeals.22. at the outset, it is apposite to mention that the constitutional validity of chapter xx c inserted in the income tax act, 1961 by the finance act, 1986 of which section 269 ue(1) is its part was challenged in this court in the case of c.b gautam vs union of india and others ..... possession of the suit land.7. the appellants then furnished the information about the purchase of the suit land in accordance with the requirements of section 269uc of the income tax act, 1961 (hereinafter referred to as the act ) to the appropriate authority in form no.37 and submitted the copy of the agreement dated 11.11.1993.8. the valuation officer of the ..... the writ petition, we find from its perusal that it was passed by the authority, which is constituted under section 269 ub of the act. this consisted of three members, who are senior officials of the income tax department. the order runs into 16 pages and deals with all the issues on facts and law raised in the show cause notice and its ..... their information. the order also directed that in terms of section 269ue (1) of the act, the suit land stood vested in the central government with effect from 30.03.1994. the appellants were directed to deliver possession of the suit land to shri rs sagar, dvo, income tax department, jaipur who, in turn, wrote to the appellants to intimate the time and .....

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Jul 25 2019 (SC)

Pr. Commissioner of Income Tax Vs. Maruti Suzuki India Limited

Court : Supreme Court of India

..... the peculiar facts of this case, we are convinced that wrong name given in the notice was merely a clerical error which could be corrected under section 292b of the income tax act. the special leave petition is dismissed. pending applications stand disposed of. now, it is evident from the above extract that it was in the peculiar facts of the case that ..... delhi v maruti suzuki india limited (successor of spil)5 ( maruti suzuki ) . holding that no question of law arose, the high court dismissed the appeal under section 260a of the income tax act 19616. 2 3 the revenue is in appeal. against the decision of the high court for ay201112, a special leave petition7 was dismissed by a two judge bench of this ..... in spice enfotainment on the one hand and skylight hospitality llp on the other hand. it is of relevance to refer to section 292b of the income tax act which reads as follows: 292b. no return of income, assessment, notice, summons or other proceeding, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in ..... skylight hospitality pvt. ltd. (which had ceased to exist 33 special leave petition (c) no.7409 of 2018 34 sky light hospitality llp v assistant commissioner of income tax : (2018) 405 itr296(delhi) 35 llp act 2008 23 upon conversion into an llp), there was, as the delhi high court held substantial and affirmative material and evidence on record to show that the .....

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Jul 25 2019 (SC)

Prashanti Medical Services and Research Foundation Vs. Union of India

Court : Supreme Court of India

..... the appellant's hospital began in the year 2014 (05.05.2014).6. on 27.09.2014, the appellant filed an application under section 35ac of the income tax act, 1961 (hereinafter referred to as "the act) to the national committee for promotion of social and economic welfare, department of revenue, north 2 block, new delhi (hereinafter referred to as the committee") for grant ..... s.l. srinivasa jute twine mills (p) ltd. vs. union of india & anr., (2006) 2 scc740 sangam spinners 9 vs. regional provident fund commissioner i, (2008) 1 scc391and commissioner of income tax(central) i, new delhi vs. vatika township pvt. ltd., (2015) 1 scc1 16. in reply, learned counsel for the respondent (revenue) supported the reasoning and the conclusion arrived at by ..... such company or authority or association or institution, as the case may be, for the previous year in which such approval or notification is withdrawn and tax shall be charged on such income at the maximum marginal rate in force for that year. (7) no deduction under this section shall be allowed in respect of any assessment year 15 commencing on or ..... their donating the amount to the appellant 17 for their project, they were denied the benefit of claiming deduction of such amount from their total income by virtue of sub section (7) of section 35ac of the act during the financial year 2017 2018.23. it is not in dispute that the benefit of the deduction available under section 35ac of the .....

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Jul 24 2019 (HC)

Rajiv Bhatnagar vs.the Disciplinary Directorate of the Institute of Ch ...

Court : Delhi

..... said rules. the disciplinary committee noted that respondent no.3 had signed form 10b which is required under section 12a(b) of the income tax act, 1961 and had not conducted the tax audit or statutory audit . w.p.(c) 9317/2014 page 7 of 13 insofar as the allegation that the petitioner had not ..... this was required for the trust to claim benefit of section 12a(b) w.p.(c) 9317/2014 page 11 of 13 of the income tax act, 1961.32. in view of the above, this court is unable to accept that the decision of the disciplinary committee of icai is ..... the profession. such proceedings cannot be viewed with the prism of a private lis between the complainant and the chartered accountant. the complainant, essentially, acts as a realtor that provides information to the icai regarding misconduct. this is also the rationale for not providing a remedy of an appeal to a ..... prima facie opinion 15. that respondent no.3 was guilty of professional and/or other misconduct falling within the meaning of second schedule to the icai act. the same was considered by the disciplinary committee of icai and it had decided to proceed further under chartered accountants (procedure of investigation of professional ..... no.3 to be guilty of professional misconduct falling within clause (8) of part i of the first schedule to the chartered accountants act, 1949 (hereafter the icai act ); however, the disciplinary committee had absolved respondent no.3 of the charges of professional misconduct falling within clauses 7 and 9 of part .....

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Jul 23 2019 (SC)

Bikram Chatterji Vs. Union of India

Court : Supreme Court of India

..... copy of the resolution available authorizing mr. shiv priya to sign the deed of dissolution. the company has made cash payments to various parties exceeding inr20000 in contravention to the income tax act 1961, to the tune of inr45768,482 in just one company namely amrapali sapphire developers pvt ltd. this is just tip of the iceberg and actual amount may be much ..... charges then last recipient would flatly deny. it is pertinent to note that shri ajay kumar aggarwal of bsbk group in a statement recorded under section 132(4) of the income tax act has admitted that he provided accommodation/bogus bills. 76 till the date of writing this report the amount so identified for bogus bills is rs.837.2 crore. further, the ..... be charged @ 7.5 percent of the gross amount of interest; (d) j.p. morgan would have to file its income tax return under section 139 of the income tax act in india due to withholding tax on its interest income borrower.66. the forensic auditors have also reported duplicate allotment of flats. 197 they have provided the details of flats. flats were alloted (residential and ..... transferring the amount from one amrapali group company to another amrapali group company in contravention of section 269ss/269t of the income tax act, 1961. (v) depreciation has not been provided on in contravention of the provisions of the companies act, 1956, now companies act, 2013 in navodaya properties private limited. it is highly surprising that in spite of such glaring discrepancies regarding non- .....

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Jul 23 2019 (HC)

Hari Chand Aggarwal (Deceased) Thr Lrs vs.m/s Gobind Pershad Jagdish P ...

Court : Delhi

..... and placed on record by the learned counsel for the petitioner herein. those documents were a notice dated 20.05.1952 under section 22(2) and 38 of the indian income tax act, 1922 addressed to m/s aggarwal restaurants and an assessment order dated 28.08.1952 in respect of the said entity. it was contended that the said documents were neither ..... extracted above:-" it is submitted that a notice dated may 20, 1952 under sections 22 (2) and 38 of the indian income tax act, 1922 was received by shri raghubir singh c/o m/s. aggarwal restaurant. mr. raghubir singh attended the hearing before the income tax officer through his authorised representative and thereafter an assessment order dated august 28, 1952 was passed by the ..... singh through his authorised representative brought to the notice of the income tax officer that the parchuna shop was handed over by mr. raghubir singh to his brother shri om prakash (respondent no.5) much prior to accounting period i.e. march 1952 ..... income tax department in respect of m/s. aggarwal restaurant h-block, connaught place, new delhi. during the course of the hearing, mr. raghubir .....

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Jul 22 2019 (HC)

Pr. Commissioner of Income Tax-4 vs.indian Sugar Exim Corporation Ltd.

Court : Delhi

..... - 2010 whereby the itat deleted the penalty imposed on the respondent assessee under section 271(1)(c) of the income tax act, 1961 ( act?) on the basis that it was done after the expiry of the limitation period under section 275(1)(a) of the act.2. the facts in brief are that the assessee filed its return on 30th september, 2009 for ay20092010. the ..... , therefore, began running from that date itself.4. a full bench of this court in odeon builders pvt. ltd. v. principal commissioner of income tax (2017) 393 itr27categorically held that in the context of section 260a of the act, the limitation period for filing an appeal against an order of the itat would begin to run immediately upon a copy of the order ..... ) the issue whether the computation of limitation for initiation of penalty proceedings under section 158 (bfa) (3) (c) of the act would also follow the same logic was considered by this court in ita no.822/2017 (principal commissioner of income tax -14 v. kamaljeet khosla). there the itat had followed the decision of this court in odeon builders private limited and held ..... limited on the ground that it was in context of the revenue filing an appeal under section 260 a of the act. however, he was unable to dispute that the wording of section 275 (1) (a) as far as commissioner of income tax? and other officers was identical to the wording in both section 158 (bfa)(3)(c) and section 260 a of .....

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Jul 17 2019 (HC)

Monica Anand Kumar vs.union of India

Court : Delhi

..... of the search-cum-selection committee to call the candidates with 19 years of experience. it is submitted that on conjoint reading of 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, the search-cum-selection committee can short-list the candidates below 20 years of experience, ..... at the of hearing that the search-cum-selection committee can consider the candidates having less than 20 years of experience in terms of section 252 of the income tax act and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963. the grievance of the petitioners is that the search- w.p.(c) 6875/2019 & ..... 1963 empowers the search-cum-selection committee to evolve its own procedure. it is not in dispute that on conjoint reading of section 252 of the income tax act, 1961 and rule rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963, the candidates with less than 20 years of experience can be short-listed and called ..... requiring special knowledge of law after he became an advocate. (emphasis supplied) the search-cum-selection committee (scsc) for recruitment of 3. members of the income tax appellate tribunal invoked rule 4a of income-tax appellate tribunal members (recruitment and conditions of service) rules, 1963 which empowers them to evolve its own procedure for selection of the members. the committee took .....

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Jul 17 2019 (HC)

Hemant Gupta vs.union of India

Court : Delhi

..... of the search-cum-selection committee to call the candidates with 19 years of experience. it is submitted that on conjoint reading of 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, the search-cum-selection committee can short-list the candidates below 20 years of experience, ..... at the of hearing that the search-cum-selection committee can consider the candidates having less than 20 years of experience in terms of section 252 of the income tax act and rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963. the grievance of the petitioners is that the search- w.p.(c) 6875/2019 & ..... 1963 empowers the search-cum-selection committee to evolve its own procedure. it is not in dispute that on conjoint reading of section 252 of the income tax act, 1961 and rule rule 4a of the income tax appellate tribunal members (recruitment and conditions of service) rules, 1963, the candidates with less than 20 years of experience can be short-listed and called ..... requiring special knowledge of law after he became an advocate. (emphasis supplied) the search-cum-selection committee (scsc) for recruitment of 3. members of the income tax appellate tribunal invoked rule 4a of income-tax appellate tribunal members (recruitment and conditions of service) rules, 1963 which empowers them to evolve its own procedure for selection of the members. the committee took .....

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Jul 16 2019 (HC)

Balkrishan Malhotra vs.department of Post & Ors

Court : Delhi

..... family (huf) with the gpo. it is stated that the ppf account was opened by the petitioner for long term savings and in order to avail the tax exemptions available under section 80c of the income tax act, 1961.3. the ppf account was opened on 25.03.1998 with the maturity date as 31.03.2013 (that is, for a term of fifteen ..... 2018 and by virtue of the said w.p.(c) 27/2019 page 5 of 13 deposits, he had also availed exemptions in his income tax returns of the financial years after 01.04.2013 and had payed income tax accordingly. it is further submitted by the petitioner that the passbook issued by the respondents also reflected entries for the interest accrued on the ..... of india, and the petitioner was not informed about the said change in the policy.16. the public provident fund act, 1968 (hereafter the ppf act ) was enacted for establishing the provident fund for general public. section 3 of the ppf act contains provisions for framing of a public provident fund scheme for the establishment of a public provident fund. in terms of ..... sub-section (1) of section 3 of the ppf act, the central government is empowered to frame a public provident fund scheme in accordance with the provisions of the ppf act.17. in exercise of the aforesaid powers, the central government has framed the public provident fund scheme. the object of .....

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