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Judgment Search Results Home > Cases Phrase: income tax act Year: 2014 Page 4 of about 4,068 results (0.098 seconds)

Mar 20 2014 (HC)

Vodafone South Limited and Another Vs. the Deputy Director of Income T ...

Court : Karnataka

Decided on : Mar-20-2014

..... -opener and an authority on the stand that while taking decision on the application filed by the petitioner, he was required to cons'der the retrospective amendments made to the income tax act would not be applicable to dtaas. he submits, the term 'royalty' has been defined in explanation 2 of section 9(l)(vi) which reads thus: explanation 2 - for the purposes ..... by the assessing officer to bring payments made by the petitioner for interconnectivity charges and capacity transfer agreements as 'royalty.' it would not attract any of the provisions of the income tax act and therefore section 201(1) and 201(1a) become inapplicable. 21. he submits all these issues are subjudice before the itat and the petitioner has made out a prima facie ..... : (i) the impugned payments made by the petitioner to the ntos would qualify as 'royalty,' (ii) for technical services, (iii) for included services as also for other 'income' under the provisions of the income tax act as well as applicable double taxation avoidance agreement (dtaa, for short). 13. he would submit, petitioner has been erroneously held as an assessee in default for non-deduction ..... company to belgacom are by way of purchase of rights to use eig cable system. it denied such payments are income' coming within the taxability/income under the income tax act. thus the contention of the petitioner is, the provision of section 201 of the act was not attracted but the 2nd respondent has invoked the provision to issue notices on 26.6.2011, 7.12 .....

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Feb 28 2014 (HC)

Commissioner of Income Tax-iii Revenue Buildings and Another Vs. M/S. ...

Court : Karnataka

Decided on : Feb-28-2014

..... on the assessee when a deduction is claimed by him to prove that he is entitled to the said deduction. the object of section 80j of the income tax act may be for the industrial growth, but the relief can be given only when the assessee falls within the four corners of law. on an interpretation ..... bench, bangalore, in appeal proceedings ita n0.930/bang/2012, as sought for in this appeal.) (prayer: this ita is filed under sec.260-a of income tax act 1961, arising out of order dated 30/04/20 j 3 passed in ita no.263/bang/2012, for the assessment year 2006-07, praying this hon' ..... consider the following substantial questions of law: (i) whether the respondent-assessee is entitled io the benefit of deduction under section 80-ja of the income tax act, 1961? (ii) whether the business activity of the respondent-assessee would fall within the ambit of the expression "infrastructure facility" as occurred in section so- ..... ia of the income tax act, in particular the explanation appended to sub-section (4) thereof? 3. sri. f. 1. sanmathi, learned counsel appearing for the appellants submitted that the ..... 30/04/2013, as sought for in this appeal.) 1. these appeals are filed by the revenue under section 260a of the income tax act, 1961 (for short 'the act3) against the order dated 30th april 2013 made in ita nos.263, 930 and 931/bang/2012 passed by the .....

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May 08 2014 (HC)

Debashu Services Private Limited Vs. Dy. Commissioner of Income Tax, C ...

Court : Mumbai Nagpur

Decided on : May-08-2014

..... (mad) a division bench of the madras high court interpreting the scope of the words 'information which has come into his possession' found in sec. 34 of the indian income tax act, observed thus: we are unable to accept the extreme proposition that nothing that can be found in the record of the assessment which itself would show escape of assessment or ..... bora, j. 1. rule. rule is made returnable forthwith with the consent of the learned counsel for the parties. 2. validity of a notice under section 148 of the income tax act, 1961 served on the petitioner company, whereby reassessment has been ordered is challenged by it in these two writ petitions. notice in writ petition no.2005/2013 relates to reassessment ..... they are being decided by this common judgment. 3. petitioner is a private limited company duly registered under the provisions of the companies act, 1956. it is a regular assessee under the income tax act, 1961 (for short the act?). the petitioner company is the authorized dealer for spare parts of kirloskar pumps and does exclusive supply to mines of western coalfields limited and ..... south eastern coalfields limited. 4. petitioner company had filed income tax return for the assessment year 2010 2011 under section 139(d) of the act showing taxable income rs.80,54 .....

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Apr 07 2014 (HC)

Sasmita Investments Ltd. Vs. Appropriate Authority and Others

Court : Mumbai

Decided on : Apr-07-2014

..... aside of the order under section 269ud and setting aside of the proceedings under section xx-c which is barred under section 269um and 293 of the income tax act, 1961. 37. the relevant provisions of income tax act, 1961 are reproduced below: 269ud(1) : the appropriate authority, after the receipt of the statement under sub-section (3) of section 269uc in respect of any ..... if such prayer is granted, this court will have to declare the proceedings initiated under chapter xx-c of the income tax act 1961 illegal which in my view, is clearly barred under section 269un and 293 of the income tax act 1961. section 269un of the income tax act 1961 clearly provides that any order made under sub-section (1)of section 269 ud or under sub-section ..... questions the order passed by the appropriate authority under section 269ud or in any event is questioning the proceedings taken by the appropriate authority under section xx-c of the income tax act, 1961 which is clearly barred. learned asg submitted that by virtue of prayer for declaration for abrogation of order, plaintiff seeks setting aside of such order under section 269ud( ..... evidence on these three issues. 3. plaintiff is engaged in business of investment in properties. first defendant is the appropriate authority constituted under the provisions of chapter xxc of the income tax act, 1961 (hereinafter referred to as the said authority). defendant no. 2 is union of india. defendant nos. 3 to 19 have alleged to have entered into a deed of .....

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Apr 07 2014 (HC)

Sasmita Investments Ltd. Vs. Appropriate Authority and Others

Court : Mumbai

Decided on : Apr-07-2014

..... aside of the order under section 269ud and setting aside of the proceedings under section xx-c which is barred under section 269um and 293 of the income tax act, 1961. 37. the relevant provisions of income tax act, 1961 are reproduced below: 269ud(1) : the appropriate authority, after the receipt of the statement under sub-section (3) of section 269uc in respect of any ..... if such prayer is granted, this court will have to declare the proceedings initiated under chapter xx-c of the income tax act 1961 illegal which in my view, is clearly barred under section 269un and 293 of the income tax act 1961. section 269un of the income tax act 1961 clearly provides that any order made under sub-section (1)of section 269 ud or under sub-section ..... questions the order passed by the appropriate authority under section 269ud or in any event is questioning the proceedings taken by the appropriate authority under section xx-c of the income tax act, 1961 which is clearly barred. learned asg submitted that by virtue of prayer for declaration for abrogation of order, plaintiff seeks setting aside of such order under section 269ud( ..... evidence on these three issues. 3. plaintiff is engaged in business of investment in properties. first defendant is the appropriate authority constituted under the provisions of chapter xxc of the income tax act, 1961 (hereinafter referred to as the said authority). defendant no. 2 is union of india. defendant nos. 3 to 19 have alleged to have entered into a deed of .....

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Feb 28 2014 (HC)

Director of Income Tax (international Taxation) Vs. Income Tax Settlem ...

Court : Mumbai

Decided on : Feb-28-2014

..... under the said order, shall in addition to the issues delineated thereunder consider all such issues as would be relevant fro passing order under section 245d(2c) of the income tax act in the said star group of cases as to the validity; or, otherwise; of the applications filed in all those cases and shall pass appropriate orders in respect of ..... per court: 1. by this petition under article 226 of the constitution of india, the director of income tax (international taxation), challenges the order dated 11 september 2007 passed by the income tax settlement commission (the commission) under section 245-d(2c) of the income tax act, 1961 (the act). 2. the challenge is essentially on the ground that the impugned order dated 11 september 2007 of ..... the commission was passed ignoring the statutory requirement under the act particularly the requirement of making full and true disclosure ..... the commission; (xii) on 5 march 2007, respondent nos.2 to 11 filed their application for settlement before the commission for different assessment years seeking to settle its income tax dues under the act as under:- sr.no.name of respondentsettlement application filed for1resp.no.2 star ltd.a.y. 2003-04 to 2006-072resp.no.3 asian broadcastinga. y. 2002 .....

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Feb 11 2014 (HC)

Aroni Commercials Limited Vs. the Dy. Commissioner of Income Tax-2 and ...

Court : Mumbai

Decided on : Feb-11-2014

..... disposal. 2) by this petition under article 226 of the constitution of india, the petitioner challenges the following:- a) a notice dated 28 march 2013 under section 148 of the income tax act, 1961 (the act?) seeking to reopen assessment for the assessment year (a.y?.) 200809; b) the order dated 20 november 2013 passed by respondent no.1-deputy commissioner of ..... assessed at low rate/claimed exempt. accordingly, the assessment for a.y. 2008-09 is reopened by issue of notice u./s. 148 of the income tax act, 1961.? g) on 19 november 2013, the petitioner filed its objection to the reasons for reopening of the assessment for a.y. 2008-09. in particular, it was stated that ..... -09 by notice dated 28 march 20103. this court in asian paints limited vs. deputy commissioner of income tax and anr. (2008) 296 itr 90 (bom) has clearly laid down that when an assessment is sought to be reopened under section 148 of the act and the objections of the assessee have been over ruled by the assessing officer, then in such a ..... income tax (assessing officer?) rejecting the petitioner's objection to reopening of assessment for a. y. 2008-09; c) the assessment order dated 19 december 2013 passed by the assessing officer under section 143(3) read with section 147 of the act for a. y. 2008-09. 3) at the very outset .....

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Mar 05 2014 (TRI)

M/S. Gupta Automobiles, Chennai Vs. Business Ward Vi(2)

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : Mar-05-2014

..... assessee. the relevant assessment year is 2009-2010. the appeal is directed against the order of the commissioner of income tax (appeals)-ix, chennai passed on 31.10.2012. the appeal arises out of the assessment completed under section 143(3) of the income-tax act, 1961. 02. the assessee firm is engaged in the business of trading in automobiles and general spare parts. the ..... into a second memorandum agreement dated 24.10.2008 to extend the time to deposit the consideration in specified bonds. -. 11. as rightly pointed out by the joint commissioner of income tax, the assessee brought up the issue of second agreement dated 24.10.2008 only to extend the limitation period for investing the consideration of 38 lakhs. the second agreement dated ..... the impugned order without assigning proper reasons and justification''. 04. we heard shri. s. sridhar, learned counsel appearing for the assessee and shri. t.n. betgeri, learned joint commissioner of income tax appearing for revenue. 05. the assessee firm m/s. gupta automobiles was carrying on its business at property no.24, woods road, mount road, chennai. this property was taken on ..... the tenanted property by the appellant based on the agreement dated 24.10.2008 as well as consequential eligible to make the claim of exemption u/s. 54ec of the act. 10. the cit(appeals) went wrong in recording the findings in this regard in para 5 of the impugned order without assigning proper reasons and justification. 11. the .....

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Feb 14 2014 (HC)

Commissioner of Income Tax, Jamshedpur Vs. M/S. Hitech Chemical (P) Lt ...

Court : Jharkhand

Decided on : Feb-14-2014

..... for assessment in search cases. 11. the relevant extract of explanation to section 158ba, second proviso to section 158bc, section 158bf and first proviso to section 158bfa(2) of the income tax act,1961 are extracted below: explanation to section 158ba for the removal of doubts, it is hereby declared that (a) the assessment made under this chapter shall be in addition to ..... . the assessee is a private limited company engaged in manufacture of chemicals used mainly by steel plants. a search and seizure operation under section 132(1) of the income tax act (in short, the act) was conducted on 29.10.1998 simultaneously in the office premises of the assessee-company and at the residence of the managing director of the company and others. during ..... itr 249 (calcutta). 10. before referring to the above contention raised on behalf of the respondent-assessee it would be useful to notice the provisions under chapter xivb of the income tax act, 1961. the chapter xivb is confined to special procedure of assessment of search cases?. section 158b(b) defines the term, undisclosed ..... , after the filing of the return u/s 158bc by filing a revised return, would be liable to be treated as concealed income and hence, incur penalty. the provision under section 158bc and section 158bfa were inserted by the income tax (amendment) act, 1997. as noticed earlier, section 158bfa prescribes that interest and penalty would be levied in certain cases. it appears that the .....

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Jul 30 2014 (HC)

Jagran Prakashan Ltd. Vs. Commissioner of Income-tax, Kanpur Nagar

Court : Allahabad

Decided on : Jul-30-2014

..... agarwala, j. 1. the petitioner has filed the present writ petition for the quashing of the notice dated 23rd january, 2001 issued under section 148 of the income tax act, 1961 (hereinafter referred to as the act). the petitioner is a public limited company carrying on the business of publishing a hindi newspaper dainik jagran from various places. for the assessment year 1997-98 ..... suggest that the belief must be that of an honest and reasonable person based upon reasonable grounds and that the income-tax officer may act on direct or circumstantial evidence but not on mere suspicion, gossip or rumour. the income-tax officer would be acting without jurisdiction if the reason for his belief that the conditions are satisfied does not exist or is not material or ..... no gift appeared to be involved. 30. in the light of this assertion made by the income tax officer, it was no longer open for him to take a somersault and issue a notice under section 148 of the act holding that he had reasons to believe that income had escaped assessment for the assessment year in question. 31. we find that the primary ..... the assessing officer passed an assessment order dated 16th march, 1998 under section 143(3) of the act accepting the sale consideration of the copyright as provided by the petitioner. 6. it transpires that an internal audit objection was issued by the additional commissioner of income tax (audit), kanpur relating to excess payment of consideration towards copyright. in the audit report it was .....

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