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Judgment Search Results Home > Cases Phrase: income tax act Year: 2012 Page 9 of about 1,977 results (0.116 seconds)

Apr 17 2012 (HC)

Sarvajanik Shikshan Sanstha Vs.Yehoshva Ashton.

Court : Mumbai

Decided on : Apr-17-2012

..... management of the said sampson english high school.8. the vendor shall obtain necessary permission from competent authority under the urban land (ceiling and holding) act as well as a certificate under section 230a of the income tax act of 1981 before the completion of the sale.14. the vendor shall deliver possession of the said school property along with fixtures, furniture, books, stationery ..... to perform their part of the contract. it is submitted by mr. samdani that unless appropriate permissions are obtained from various authorities viz. permissions from u.l.c. department, income-tax department etc., it was not possible for the appellant to get the sale deed executed from the respondents. it is submitted by mr. samdani that it was the duty on ..... etc. to the purchasers together with any portion of the said property which is or are vacant at the time of completion of the sale.15. the vendor shall pay all assessment, rent, rates, taxes ..... is already closed, it is impossible to grant decree of specific performance. the learned single judge also found that considering the limited jurisdiction conferred under section 34 of the act, the order of the learned arbitrator was not required to be interfered with and accordingly the learned single judge rejected the arbitration petition which was filed under section 34 of .....

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Jan 24 2012 (SC)

Bangalore Development Authority Vs. Air Craft Employees Coop.Society L ...

Court : Supreme Court of India

Decided on : Jan-24-2012

..... andolan (supra), the court was called upon to consider the constitutionality of the indo-mauritius double taxation avoidance convention, 1983. while rejecting the argument that section 90 of the income tax act, under which the treaty is said to have been entered, amounted to delegation of the essential legislative functions, the court observed: the question whether a particular delegated legislation is ..... c. ltd. v. state of karnataka (supra), it cannot be said that the demand made by the bda amounts to levy of tax and is ultra vires article 265 of the constitution. 65. under the 1976 act, the bda is obliged to provide different types of amenities to the population of the bangalore metropolitan area including the allottees of the ..... levied by the corporation within its jurisdiction. (2) the provisions of the karnataka municipal corporations act, 1976 (karnataka act 14 of 1977) shall mutatis mutandis apply to the assessment and collection of property tax. explanation.- for the purpose of this section property tax means a tax simpliciter requiring no service at all and not in the nature of fee inquiring service. 28-c. ..... vested in the corporation; and (b) the drainage, sanitary arrangement and water supply in respect of the streets formed by the authority. 28-b. levy of tax on lands and buildings.- (1) notwithstanding anything contained in this act, the authority may levy a tax on lands or buildings or on both, situated within its jurisdiction (hereinafter referred to as the property .....

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Aug 21 2012 (SC)

Vidur Impex and Traders Pvt. Ltd. and Others. Vs. Tosh Apartments Pvt. ...

Court : Supreme Court of India

Decided on : Aug-21-2012

..... 48 lacs each keeping the same below the prescribed limit of rs.50 lacs with a fraudulent intent to avoid the application of chapter xx-c of the income-tax act.(e) on coming to know of the aforesaid sale transactions, the plaintiff filed application under order xxxix rule 1 & 2 cpc for restraining the defendant ..... he further pleaded that the agreement was void and unenforceable because the requisite permission had not been obtained under section 269 uc of the income-tax act. respondent no.2 also filed suit no. 161/1999 for grant of a declaration that sale deeds executed in favour of the appellants ..... terms as the court deems fit to impose. in exercising its judicial discretion under order 1 rule 10(2) of the code, the court will of course act according to reason and fair play and not according to whims and caprice. (emphasis supplied)29. in kasturi v. iyyamperumal (supra), this court considered the ..... .l (since deceased).(g) though there was restraint order against defendant nos. 4 to 9, i.e. vidur impex & traders and others, not to act upon the impugned sale deeds, they entered into agreement dated 18.3.1997 for transfer of their purported rights and interest in the suit property in favour of ..... in the suit filed by respondent no.1. the appellants also invoked the doctrine of lis pendens embodied in section 52 of the transfer of property act, 1882 and pleaded that having purchased the property during the pendency of the suit by respondent no.1, they have acquired the right to contest the .....

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Jul 04 2012 (HC)

B.StalIn Vs. the Registrar

Court : Chennai

Decided on : Jul-04-2012

..... hearing the arguments rightly on the jurisdiction of this bench, in respect of the category of case, which arise from the special enactments like excise act, customs act, companies act and income tax act, especially taking note of the latest judgments on the issue of the supreme court in 2007 (6) scc 769 and 1994 (1) scc 34 ..... and in 2007 (6) scc 769, the hon'ble apex court while dealt with the central excise act, which has been taken as a third category ..... class of cases. the permanent bench at jaipur has been established by the presidential order issued under sub-section (2) of section 51 of the act. the territorial jurisdiction of the permanent bench at jaipur is to be exercised in respect of the cases arising in the specified districts. whether the ..... contended that except states reorganisation act and the presidential order, there is no other provisions of law authorizes the chief justice to define whether the cause of action in a writ ..... case, the rajasthan high cort advocates' association filed a writ petition. the question raised was whether inserting an explanation to the earlier order of the acting chief justice, dated 23.12.1976 by a subsequent order dated 12.1.1977 was ultra vires of the powers of the chief justice? it was .....

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Sep 18 2012 (HC)

M/S. Tanna Exports Ltd. Vs. the Commissioner of Income-tax

Court : Mumbai

Decided on : Sep-18-2012

..... s.j. vazifdar, j. 1. this is a reference under section 256(1) of the income tax act, 1961 arising out of the order of the income tax appellate tribunal (tribunal) dated 23rd november, 1994 in ita no.763/bom/1992 pertaining to the assessment year 1989-1990. the tribunal on the ..... in praesenti or even in the near future. moreover, mr. pardiwalla, with his usual fairness, invited our attention to a judgment of this court in commissioner of income-tax v. swani spices mills pvt. ltd. (2011) 332 itr 288 (bom), which dealt with this judgment. we will refer to these passages after setting out the ..... basis for the submission being absent, we are not inclined to accept the same. 19. mr. pardiwalla's reliance upon the judgment of this court in commissioner of income tax v. lok holdings (2009) 308 itr 356 is not well founded either. in that case, the assessee, a firm involved in the business of developing properties, ..... rs.7,65,983/-1988-89rs.75,70,268/-rs.7,98,758/-1989-90rs.4,38,37,747/-rs.39,10,032/-10. the commissioner of income-tax (appeals) came to a finding of fact that the applicant was neither in the business of money lending nor in the business of regularly investing its ..... main observation of this court. 20. in commissioner of income-tax v. swani spices mills pvt. ltd., this court reviewed a long line of judgments on this issue and held: 20. these judgments of the supreme court establish .....

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Sep 18 2012 (HC)

M/S. Tanna Exports Ltd. Vs. the Commissioner of Income-tax

Court : Mumbai

Decided on : Sep-18-2012

..... s.j. vazifdar, j. 1. this is a reference under section 256(1) of the income tax act, 1961 arising out of the order of the income tax appellate tribunal (tribunal) dated 23rd november, 1994 in ita no.763/bom/1992 pertaining to the assessment year 1989-1990. the tribunal on the ..... in praesenti or even in the near future. moreover, mr. pardiwalla, with his usual fairness, invited our attention to a judgment of this court in commissioner of income-tax v. swani spices mills pvt. ltd. (2011) 332 itr 288 (bom), which dealt with this judgment. we will refer to these passages after setting out the ..... basis for the submission being absent, we are not inclined to accept the same. 19. mr. pardiwalla's reliance upon the judgment of this court in commissioner of income tax v. lok holdings (2009) 308 itr 356 is not well founded either. in that case, the assessee, a firm involved in the business of developing properties, ..... rs.7,65,983/-1988-89rs.75,70,268/-rs.7,98,758/-1989-90rs.4,38,37,747/-rs.39,10,032/-10. the commissioner of income-tax (appeals) came to a finding of fact that the applicant was neither in the business of money lending nor in the business of regularly investing its ..... main observation of this court. 20. in commissioner of income-tax v. swani spices mills pvt. ltd., this court reviewed a long line of judgments on this issue and held: ??20. these judgments of the supreme court establish .....

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Oct 30 2012 (HC)

Indian Bank Vs. the Deputy Commissioner of Income Tax, Spl. Range Andn ...

Court : Chennai

Decided on : Oct-30-2012

..... assessee as well as learned standing counsel for the revenue. 9. it is seen from the order of the assessment that the assessee earned income from investment on tax free securities as specified in section 10(15) of the income tax act. when the assessee was specifically asked as to the expenditure incurred thereon, the assessee submitted that there was no expenditure incurred or expended ..... for earning such interest income. the officer held that in the absence of any evidence, the claim could not be considered. we agree with the assessee's contention that ..... basis of the orders of the earlier years, there will be unabsorbed loss / depreciation available for set off and that the said issue was not considered by the commissioner of income tax (appeals). this resulted in filing further appeal by the assessee before the tribunal. as pointed out earlier, a reading of the order of the tribunal shows that there is no ..... the assessee. 4. apart from this, yet another question which arose in this case, which reads as follows:- "whether on the facts and in the circumstances of the case, the income tax appellate tribunal is right in law in not considering the contention raised by the appellant as regards set off of carried forward losses of earlier years, which claim was not .....

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Aug 22 2012 (HC)

M/S. Aqua Granites G-1, Sakthi Towers, Chennai Vs. the Commissioner of ...

Court : Chennai

Decided on : Aug-22-2012

..... appeal filed under section 260a of the income tax act, 1961, against the order of the income tax appellate tribunal, a bench, chennai, dated 29.07.2005 passed in it (ss) a.no.137/mds/ 1998 for the block period 1986-87 to 1996-97.) judgment (judgment of ..... questions of law raised by the assessee for the block assessment years 1986-87 to 1996-97: (i) whether on the facts and in the circumstances of the case, the income tax appellate tribunal was right in law in holding that the appellant was given sufficient opportunity of hearing before the determination of undisclosed ..... income for the assessment years 1994-95 and 1996-97? (iii) whether the income tax appellate tribunal is right in law in holding that the assessing officer could estimate the undisclosed ..... ,57,515/- and that there was no violation of the principles of natural justice? (ii) whether on the facts and in the circumstances of the case, the income tax appellate tribunal is correct in law in holding that there was no infirmity in the determination of undisclosed income based on certain loose sheets for the assessment year 1995-96 and estimation of undisclosed .....

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Oct 09 2012 (HC)

Commissioner of Income Tax, Chennai Vs. M/S. Elnet Technologies Limite ...

Court : Chennai

Decided on : Oct-09-2012

..... the decision reported in 83 itr 700 s.g.mercantile corpn. p. ltd v. c.i.t., wherein the supreme court pointed out that the liability to tax under section 9 of the income tax act, 1922 is of the owner of the buildings or land appurtenant thereto. in case the assessee is the owner of the buildings or lands appurtenant thereto, he would ..... manner provided by the appropriate section'. referring to the decision reported in 42 itr 49 -east india housing and land development trust limited v. commissioner of income tax, the apex court pointed out that if the income from a source falls within a specific head set out in section 6, the fact that it may indirectly be covered by another head will not ..... .t.a.nos.3203/mds/04 and 1451/mds/2002 for the assessment year 2001-02 and 1995-96. t.c.(a).no. 2169 of 2008: tax case (appeal) against the the order of the income tax appellate tribunal, madras 'b' bench, dated 31.10.2002 passed in i.t.a.no.1606/mds/1999 for the assessment year 1996-97.) chitra venkataraman ..... be liable to pay tax under section 9 even if the object of the assessee in purchasing the landed property was to promote and develop a market thereon. the .....

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Nov 02 2012 (HC)

The Commissioner of Income Tax Vs. M/S. Shantiniketan Property Foundat ...

Court : Chennai

Decided on : Nov-02-2012

..... of the income tax act against the order dated 30.09.2008 made in i.t.a.nos.777 and 2131 /mds/2007 on the file of the income tax appellate tribunal, 'c' bench for the assessment years 2003-04 and 2004-05.) common judgment: the revenue is on appeals as against the order of the income tax appellate tribunal ..... 2009, 857 of 2010 and 190 to 192 of 2012 and w.a.no. 471 of 2010 viswas promoters private limited v. the assistant commissioner of income tax dated 2.11.2012, is concerned, as in the present case, several blocks were put up in a larger area which admittedly exceeded the required area specified ..... , 857 of 2010 and 190 to 192 of 2012 and w.a.no. 471 of 2010 viswas promoters private limited v. the assistant commissioner of income tax dated 2.11.2012 and allowed the assessee's appeal. we may point out here that the present assessee's stand is on a better footing than ..... . aggrieved by the same, the assessee went on appeal before the commissioner of income tax (appeals), who allowed the assessee's appeal. aggrieved by the same, the revenue went on appeal before the income tax appellate tribunal, who agreeing with the commissioner of income tax (appeals) rejected the revenue's appeal. the tribunal pointed out that the assessee ..... 2010 and 190 to 192 of 2012 and w.a.no. 471 of 2010 viswas promoters private limited v. the assistant commissioner of income tax dated 2.11.2012, we have no hesitation in rejecting the revenue's appeal, thereby confirm the order of the tribunal. 4. the above .....

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