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Judgment Search Results Home > Cases Phrase: pawnee contract Court: income tax appellate tribunal itat hyderabad Page 1 of about 198 results (0.049 seconds)

Mar 07 2006 (TRI)

A.P. Power Generation Vs. the Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)105ITD423(Hyd.)

..... and it is made operational by assembling the same at the buyer's place of work and supervising the erection of such machinery does not make a supply contract into a turnkey contract or work contract. we emphasize the fact that in all the documents the supplier was obliged to depute personnel to supervise the erection, commissioning and testing all these equipments. thus ..... charges and etc. shall be paid by the buyer directly to the authorities concerned. clause 20.2: custom duties, tax & port charges and etc. it is understood that this contract is supply contract (delivery cif indian port). consequently this clause shall not be applied to the contractor. it is understood that the equipment under scope of supply shall be delivered on cif ..... is paid by sumitomo corporation would have to be reimbursed by the assessee. for ready reference clauses 20.1 & 20.2 are extracted below: it is understood that this contract is supply contract (delivery cif indian port) and that the customs clearance to the port of entry in india and transportation to site from the said port of entry shall be made ..... filed additional ground wherein it submits that both the assessing officer and the first appellate authority have committed an error by coming to a conclusion that the contracts in question are supply contracts and not turnkey contracts. the learned standing counsel finds fault with the assessing officer's findings. before we go into the question of admissibility of this additional ground the word .....

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Nov 29 1987 (TRI)

Mannesmann Demag Lauchhammer Vs. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1988)26ITD198(Hyd.)

..... the case, there cannot be any entry regarding the liability to pay indian income-tax in their books of account. that is because as per the contract the assessee is not liable to indian income-tax act. so, the books of account do not have to record that liability. now merely because a ..... steel ltd. had entered into an agreement with the non-resident company for certain services to be rendered by the non-resident. the objects of the contract regarding consideration was clearly to place the non-resident in a position where it would not be required to pay any tax out of the net profit ..... resident under the agreement was such amount as would, if that the tax thereon has been deducted, have left the royalty figure as fixed in the contract. thus, even before the introduction of the specific statutory provision in section 28(iv) the position in law was the same.the statutory provision made it ..... n.m.d.c. should bear income-tax payable on these receipts. in other words, what demag should get is the technical fee stipulated in the contract without the liability of payment of income-tax. therefore, the technical fee payable by n.m.d.c. is that figure which after payment of ..... of expenditure cannot be treated as technical fees as already stated by us. technical fees is clearly that fee agreed to between the parties by a contract for providing technical services. it will not include the expenditure which the non-resident company would incur and which will be reimbursed by the indian company. .....

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Sep 20 1989 (TRI)

Nizamabad Co-operative Sugar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1990)32ITD628(Hyd.)

..... , as ultra vires. in the case of a compensation or acquisition, it is well settled that the compensation ordered by the land acquisition officer is only an offer and the contract would be completed if the offer is accepted. so long as the assessee appeals, the offer has not been accepted and the ..... contract is not complete. it is this fact relating to the acquisition act which had been highlighted by the supreme court in the referred case at page 529. such an issue .....

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Jul 28 2006 (TRI)

Power Grid Corpn. of India Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)108ITD340(Hyd.)

..... selection, inspection, testing at manufactures works, packing for shipment, delivery at site, construction, installation, field testing and commissioning, the contracts are "turnkey contracts". according to the commissioner (appeals), the contracts were composite contracts, payments were made in stages, ultimately ending with installation and commissioning and completion of the whole work including the expiry of the ..... 715, dated 8-8-1995 for the facts of the present case because the said circular was issued clarifying the legal position with respect to contracts like advertisement, print media, contract for carriage (sic) of goods of passengers, travel agency, courier services, transport, catering, recruitment agency etc. the said circular is totally relevant ..... all activities of sites viz. unloading, handling, storage at sites, erection, testing and commissioning of all the equipment/materials to be supplied by you under this contract including taking delivery of owner supplied material, i.e. conductor, insulators, earthwire, hardware fittings and accessories for conductor and earthwire from the nearest railway station and ..... (iv) performance of all activities at site including inland transportation to final destination and insurance, taking delivery of equipment/material (to be supplied by you under 'supply contract' as well as owner supplied material), unloading, transportation to site, handling, storage; (v) erection of towers, tack welding of bolts and nuts including supply and .....

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Sep 29 1992 (TRI)

M. Manickrao Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1993)44ITD123(Hyd.)

..... was ultimately granted by the high court. however, that is not the case here. firstly there was no partnership deed executed.there was neither a contract which gives rise to overriding title nor any legal position obtaining in favour of shri m. manik rao which gives right to overriding title. simply because ..... to any part of the business profits earned. subsequent to the death of shri veereshalingam there is no contract whatsoever entered into between shri m. manik rao as karta of huf and shri m. manik rao as individual and in support of the contention ..... by act of parties or by operation of law. however, in the facts of the present case there is no event cited evidencing either a contract or evidencing an event occurred which has got legal consequences. mere death of shri veereshalingam would not automatically create an overriding title in his heirs ..... the said business the principles of hindu law and the provisions of hindu succession act have to be followed. there need not by any privity of contract between the petitioner as karta of huf, and the petitioner in his individual capacity, particularly in the context of apparent, clear and unambiguous facts conferring ..... firm m/s. veereshalingam carried on business as caltex dealer till the death of your father. upto the death of your father there was a contract between you and your father and therefore there was a registered firm which carried on business as dealer in caltex. after the death of your .....

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Apr 21 1997 (TRI)

Deputy Commissioner of Income Tax Vs. Nagarjuna Investment Trust Ltd.

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1998)65ITD17(Hyd.)

..... certain circumstances may have different meanings depending on the purpose of legislation, the context in which such expression has been used and on the interpretation of the terms of relevant contracts. for tax purposes, the accrual or receipt of income in the relevant previous year will have to be determined in consonance with the ambit of taxable income as per ..... "the methods mostly prevalent, according to the institute of chartered accountants in england and wales, are the following : (a) actuarial method : the loading is apportioned over the period of the contract in proportion to the reducing balances that will be outstanding from time to time. if instalments are irregular, specially prepared interest tables are used for the purpose. this method would ..... of account in such a manner that the entire amount of interest income covering the period of hire-purchase agreement/lease agreement will be apportioned over the period of the contract in proportion to the reducing balances that will be outstanding from time to time. it ensures determination of income at a uniform rate of interest implicit in the hire ..... proportion basis taking into consideration the amount outstanding from time to time and the rate applicable. the loading of the entire income is apportioned over the period of the contract in proportion to the reducing balances that will be outstanding from time to time after taking into consideration the repayment schedule in the form of monthly equated instalments.according to .....

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Apr 29 1983 (TRI)

Laxminarayan Trading Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1983)6ITD59(Hyd.)

..... been ascertained. invoices were made out. formalities under the central sales tax act have been observed. the most significant detail, however, is that there were ascertained goods appropriated to the contract. whatever might be the similarities as between a pucca delivery order issued by jute mills and a railway receipt, there is a basic difference that the pucca delivery order, though ..... out of sction 43(5). as noticed earlier, there is also subsequent actual delivery to ultimate buyer and such actual physical delivery constitutes actual delivery in respect of all preceding contracts relating to the railway receipt. sales tax law recognises more than one sale in respect of goods covered by the railway receipt as is evidenced from the specific exemption granted ..... in the assessee's case, if the assessee had transferred its right to future delivery in the contract with lahoti oil mills, the transaction would have certainly been a speculative one within the meaning of section 43(3), as in that case, there is no delivery or transfer ..... a speculative one or not in the light of the definition of 'speculative transaction' in section 43(5), which reads as under : 'speculative transaction' means a transaction in which a contract for the purchase or sale of any commodity, including stocks and shares, is periodically or ultimately settled otherwise than by the actual delivery or transfer of the commodity. . . .5. .....

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Jul 30 1983 (TRI)

Justice G. Ramanujulu Naidu Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1983)6ITD546(Hyd.)

..... done, it would amount to abandonment of such moneys in favour of the latter. the high court itself observes that even in case of non-enforceable loan contract, it may be possible for the lender to recover moneys lent by other modes or processes of law. lastly, we are of the view that there should ..... court where the alleged transaction was between father in his own capacity with himself as guardian of the minor who has no capacity of his own to contract.thirdly, we find it difficult to accept that the decision lays down a general proposition that there could be no advance of moneys between two distinct entities ..... of the assessee's case.11. we have yet to meet two more objections to our conclusion. the first one is that there cannot be an enforceable contract of loan between one and the same person in two capacities as observed by the delhi high court in the case of mridu hari dalmia (supra). it ..... in the nature of loan as between the karta in his individual capacity and his sons as members of the family. there could not be an enforceable contract when the same person acts in two capacities. in this proposition, he was supported by the decision of the delhi high court in the case of cit ..... way of issue of cheques which were encashed and that there was no enforceable contract in the nature of loan as the minor by himself had no contracting capacity and that the guardian who is the father cannot enter into a contract with himself in two capacities, one as individual in his own right and the .....

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Feb 25 1994 (TRI)

income-tax Officer Vs. Surender Singh Gill

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1994)50ITD599(Hyd.)

..... the assessee, the assessee failed to produce them and, therefore, the assessing officer had reason to doubt the payments said to have been made under the sub-contracts. further, the details for salaries and staff welfare expenses debited at rs. 18,747 were not available on record and they were also not produced before the ..... liable to pay under the terms of an agreement is not an allowable deduction under section 37(1)'. here in this case, the assessee merely filed sub-contracts. the assessing officer wanted to verify how much payment was made under each of the subcontracts and whether such payments made are in excess of or in ..... gantaiah in various stages.however, the total payments made were only rs. 13,70,740 out of the total sub-contract works of rs. 23,10,000 of both the parties. the assessing officer states in his assessment order that the assessee is unable to derive his correct ..... to him. the income-tax officer stated in his assessment order that details of actual construction took place at various stages is not known. as per the sub-contract agreements, the assessee was to pay rs. 12,40,000 in total to shri thaneru veera rangaraj kumar and rs. 10,70,000 to shri a. ..... . 14,116. i hold that the burden to prove the subcontracts, to bring the siib-contractors and examine them with reference to the sub-contracts entered into by them with the assessee, as also to satisfy the assessing officer with regard to the various payments received by them under the sub .....

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Nov 17 1994 (TRI)

Sarvaraya Textiles Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1995)54ITD612(Hyd.)

..... consignment agents to stared with, the amount the assessee, for business consideration, bore the liability, we will have a case of an implied amendment to the relevant term of the contract. there is nothing outlandish in this. we, therefore, decline to interfere in the matter an dismiss the related grounds.58. during the relevant pervious year the appellant installed in ..... -based.this is so, notwithstanding the fact that, basically, the apseb sells ht power and the assessee buys it. even so, what would have otherwise been a simple, straightforward contract-based commercial transaction is cut off, as a matter of state policy, from its contractual moorings, and transported to the realm of status, especially with regard to the tariff which ..... attach to this relation compulsory incidents, such as liability to pay compensation for accidents. the extent to which the law is content to leave matters within the domain of contract to be determined by the exercise of the autonomous authority of the parties themselves, or thinks fir to bring the matter within the sphere of status by authoritatively determining for ..... of removal granted to the president and the governor under article 310. but it is obvious that the relationship between the government and its servants is not like an ordinary contract of service between a master and servant. the legal relationship is something entirely different, something in the nature of status. it is much more than purely contractual relationship voluntarily .....

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