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Judgment Search Results Home > Cases Phrase: indian partnership act Court: income tax appellate tribunal itat mumbai Year: 2004 Page 1 of about 3 results (0.094 seconds)

Jun 22 2004 (TRI)

Patel Engineering Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-22-2004

Reported in : (2005)94ITD411(Mum.)

..... parties, or of the law, by which the title to property is conveyed from one person to another (section 44, transfer of property act); 2. to convey title or interest in property to another section 19(2)(g) indian partnership act] ; transfer : to convey; to make over from one to another, to remove. document whereby one person transfers property, securities, or rights to ..... another. a transfer is an act or transaction, by which property of one person is, by him, vested in another. the term 'transfer' means to ..... section 80-ia(4). the learned counsel for assessee, on the other hand, contended that the requirement is that the enterprise developing the infrastructure facility should be owned by an indian company.49. we have considered the rival contentions as also the relevant material on record. however, we find substance in the contentions of the learned authorised representative of assessee. in ..... house. at koyna, the assessee carried out a highly specialised underwater blast for the first time in asia. the assessee spent enormous sum for locating and receiving this technology for indian project. the water tapped from the lake passes through two intake tunnels 188 and 242 meters long. at the end of this, 4 numbers vertical shafts are located to house .....

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Aug 06 2004 (TRI)

Acit (inv.) Vs. P.N. Writer and Co.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Aug-06-2004

Reported in : (2005)94ITD446(Mum.)

..... nature as the partners may from time to time agree to carry on in this partnership." the letter-heads on which the assessee has issued the bills and which are annexed to the assessment order also describes the activities of the assessee thus: "moving, storage, ..... goods in india and outside india is fairly clear from the finding recorded in the assessment order as also from clause 5 of the deed of partnership dated 18^th january 1979 which provides: "the partnership shall continue to be that of removing, clearing, forwarding, shipping, packing, storage and other commodities and also such other business of a similar or allied ..... 's law lexicon (supra), the term "professional service" has been defined as follows: "service done by one who does a profession [section 2(2)(iii), chartered accountants act and section 16(3), ill. (b), indian contract act]." the term "profession" is defined at page 1531 of the said law lexicon as follows: "profession. a 'profession' involves the idea of occupation requiring either purely ..... from the port/warehouse to the actual destination, their unloading/unpacking etc. it is thus apparent that the assessee offered a composite package of services to its customers, both indians and non-indians, involving various activities from the point of origin to the ultimate point of destination so as to ensure effective and safe movement of their goods.while all the activities .....

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Feb 28 2004 (TRI)

Credit Llyonnais Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Feb-28-2004

Reported in : (2005)94ITD401(Mum.)

..... the declaration and payment within india, of the dividends (including dividends on preference shares) payable out of such income can be treated as a domestic company under the indian it act and the deduction under section 80m will then be available to such french company. the true test for deciding whether or not a company is eligible for deduction under ..... upon the scope of expression 'in the same circumstances', oecd commentary, inter alia, observes as follows : "the expression 'in the same circumstances' refers to taxpayers (individuals, legal persons, partnerships and associations) placed, from the point of view of ordinary taxation laws and regulations, in substantially similar circumstances both in law and on fact..... the expression 'in the same circumstances ..... 1994) 209 itr (st) 130] is materially similar in scope. accordingly, non-discrimination clause in the india france dtaa cannot be invoked in the cases where provisions of indian it act are more favourable to the domestic companies vis-a-vis foreign companies. once we come to this conclusion, it follows that the case of non-availability of deduction under section ..... the dividend out of such income, such a company cannot be treated as a domestic company.this criterion for a company being treated as a 'domestic company' under the indian it act, in our humble understanding, is based on requirements connected with residence and not nationality. the only question raised before us and which is the question that was required to .....

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