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Judgment Search Results Home > Cases Phrase: patents Court: income tax appellate tribunal itat delhi Year: 2004 Page 1 of about 17 results (0.239 seconds)

Jul 29 2004 (TRI)

Shaw Wallace Distilleries Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jul-29-2004

Reported in : (2004)85TTJ(Delhi)236

..... to it and to refrain from communication. their lordships held that the assessee did not under the agreement become entitled exclusively even for the period of the agreement, to the patents and trademarks of the swiss company, it had merely access to the technical knowledge and experience in the pharmaceutical field which the swiss company commanded. the assessee was on that ..... applied to such payment. the learned counsel relied upon commentary of learned authors kanga and palkhiwala, 8th edition, vol. 1, wherein the learned author have opined that right to use patent or copyrights and payment made therefor is a revenue expenditure under section 37 of the act. section 35a deals with expenditure, i.e., price paid for purchase of copyright or ..... not in the nature of capital expenditure. in this case, the know-how, recent formula not being disclosed by the assessee as discussed above, designs and specifications are undoubtedly patent rights of m/s shaw wallace group. the expenditure under the head royalty in this case is of capital nature. capital expenditure does not necessarily mean to be one time ..... of agreement between balbir distilleries ltd. and shaw wallace & co. ltd. further, the argument of the authorised representative that after the agreement, the company started producing and selling branded and patented goods of shaw wallace successfully holds no water as prior to agreement only, majority shareholding was acquired by the shaw wallace group company and as a result of this all .....

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Jun 29 2004 (TRI)

Joint Commissioner of Income Tax Vs. Modi Olivetti Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-29-2004

Reported in : (2004)84TTJ(Delhi)1038

..... 40. the assessee pleaded before the ao that purchase of raw material from the foreign collaborator was necessary because the plant and machinery used by the assessee was based on patents and designs supplied by the collaborator. it was also pointed out that the purchases were effected from the collaborator and its approved vendors.the ao was of the view that .....

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Mar 05 2004 (TRI)

East West Rescue Pvt. Ltd. Vs. Dy. Cit, Spl. Range 14

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Mar-05-2004

Reported in : (2004)89ITD259(Delhi)

..... with the provisions of sec. 154 of the income-tax act, has observed as under : "a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by long drawn process of reasoning on points on which there may be conceivably two opinions. a decision on a ..... make an order of rectification depends upon the existence of a mistake apparent on the face of the record. such a mistake must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may be conceivably two opinions. a decision ..... the case of t.s. balrum, ito vs.volkart brothers & others (supra) and other decisions, held that the tribunal could rectify mistakes in its order which are patent and obvious.43. in the case of cit vs. ram bahadur thakur ltd. (1999) 237 itr 217 (ker.), the hon'ble kerala high court has observed that ..... misconception. "apparent" means visibil; capable of being seen; easily seen; obvious; plain. a mistake which can be rectified under section 254(2) is one which is patent, which is obvious and whose discovery is not depended on argument or elaboration. the language used in section 254(2) is one which is ..... patent, which is obvious and whose discovery is not dependent on argument or elaboration. the language used in section 254(2) makes it clear that only .....

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Jun 28 2004 (TRI)

J.C.i.T., Spl. Range-14 Vs. National Agriculture

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-28-2004

Reported in : (2005)92ITD35(Delhi)

..... glaring and obvious cannot be similarly rectified. prima facie it may appear somewhat strange that an order which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the .....

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Aug 31 2004 (TRI)

Parivar Sewa Sanstha Vs. Dy Dit

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-31-2004

Reported in : (2005)1SOT71(Delhi)

..... adequate opportunity was not afforded to it during the assessment proceedings.firstly its plea that this was mentioned in the audit report because the department was repeatedly raising objections, is patently unacceptable. if this was so then the appellant should have offered its income also for tax as exemption was being denied to it in the past as well. besides, the .....

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Nov 30 2004 (TRI)

Asstt. C.i.T., Spl. Range Vs. Hughes Services (Fe) Pte. Ltd. as

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Nov-30-2004

Reported in : (2005)93ITD77(Delhi)

..... the date when the income-tax officer exercised his jurisdiction under section 154, the matter was not free from argument or debate. therefore, it could not be said that a patent and self-evident mistake occurred when the income-tax officer allowed interest under section 214 treating the payment as an advance tax. the rectification proceedings were, therefore, not valid. in ..... . in the case of omega sports & radio works v. cit 134 itr 28 (all), their lordships observed as under: "a mistake apparent from the record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there can be two opinions. if there is a decision on .....

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Jan 01 2004 (TRI)

industrial Development Service Vs. Acit

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-01-2004

..... services and the following observations at page 150 of the report are quite relevant : - "the main purpose of section 80-o is the spread by an indian assessee of any patent, invention, model, design, secret formula or process or similar property right, or information concerning industrial, commercial or scientific knowledge, experience or skill of the assessee for use outside india and ..... reading of the section reveals that deduction under section 80-o will apply to payments received in convertible foreign exchange in india for . i) the use outside india of any patent, invention, model, design, secret formula or process on similar property right or ii) information concerning industrial, commercial or scientific knowledge, experience or service made available or provided to foreign government ..... ao at the outset summarized the relevant provisions and which according to him specified two categories, the first pertaining to the consideration received for the use outside india of any patent, invention, model, design, secret formula or process and the second pertaining to the consideration for technical or professional services rendered or agreed to be rendered outside india to a foreign .....

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Jul 19 2004 (TRI)

Hindustan TIn Works Ltd. Vs. Deputy Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jul-19-2004

Reported in : (2005)274ITR157(Delhi)

..... to be determined after allowing set off for carried forward losses. the learned counsel's argument that the above decision is not relevant to the facts of this case is patently misconceived.so far as the decision of the andhra pradesh high court relied upon by the assessing officer as well as by the assessee is concerned, the said decision does .....

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Jul 19 2004 (TRI)

Hindustan TIn Works Ltd. Vs. D.C. of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jul-19-2004

Reported in : (2005)92ITD101(Delhi)

..... to be determined after allowing set off for carried forward losses. the learned counsel's argument that the above decision is not relevant to the facts of this case is patently misconceived. so far as the decision of the andhra pradesh high court relied upon by the a.o. as well a by the assessee is concerned, the said decision does .....

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Jan 14 2004 (TRI)

Vinod Khatri Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-14-2004

Reported in : (2004)82TTJ(Delhi)911

..... . parte, beckwith (1996) 1 all er 129 (hl). the house of lords has held that a departmental circular is entitled to respect. it can only be ignored when it is patently wrong. the said principle has also been followed in indian metals & ferro alloys ltd. v. collector of central excise air 1991 sc 1028, p. 1034, keshavji ravji & co. v. cit .....

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