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Judgment Search Results Home > Cases Phrase: the land acquisition punjab amendment act 1969 Court: income tax appellate tribunal itat chandigarh Page 1 of about 4 results (0.055 seconds)

Sep 28 2001 (TRI)

Naresh Prabhakar (Huf) Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2002)74TTJ(Chd.)1010

..... .the facts of the case are that father of the assessee shri lakhpat rai, was co-owner of land in phagwara along with shri amrit lal prabhakar, shri satya swami and others. the aforesaid land was acquired by the punjab government through notification issued under the land acquisition act in 1973. the collector allowed compensation to the assessees at the rate of rs. 556 per marla ..... has been no determinable point of time between the expiry of the time provided under the old act and commencement of the amending act. the legislature has given to section 18 of the finance act, 1956 only a limited retrospective effect, i.e., upto i-4-1956 only. that provision must be read subject to the rule that ..... to be an order of the court in any proceedings". the words "or by a court in any proceedings under any other law" were inserted by the direct taxes laws (amendment) act, 1987. this will suggest that there should be matter before the hon'ble supreme court in some proceedings and the hon'ble supreme court has passed an order on that ..... : but the authority of the income tax officer under the act before it was amended by the finance act, 1956, having already come to an end, the amending provisions will not assist him to commence a proceedings even though at the date when he issued the notice it is within the period provided by the amending act. this will be so, notwithstanding the fact that there .....

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Jun 08 2005 (TRI)

Secretary, Municipal Committee Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2005)97TTJ(Chd.)959

..... of interest under section 194a of the act. moreover, the issue had come up before the punjab and haryana high court again in the case of tuhi ram v. land acquisition collector (supra). in the said case, their lordships of the punjab and haryana high ' court held as under : "interest received as a consequence of compulsory acquisition of land/agricultural land is income exigible to'tax. by ..... of income-tax on the delayed interest amount recovered under the land acquisition act, 1894, was valid in law. the petitioners in that case had received notices from the land acquisition collector on 31st july, 1991 for payment of income-tax on the delayed interest amount. a writ petition was filed in the punjab and haryana high court being civil writ petn. no. 1558 ..... virtue of which it has been clearly laid down that tax is to be deducted in respect of interest on enhanced compensation. according to the learned departmental representative, the said amendment is clarificatory and applicable retrospectively. it was accordingly, pleaded that the appeal of the assessee may be dismissed.8. we have given our careful consideration to the rival contentions. ..... was required to deduct tax from the interest payments to the land owners. the assessee having failed to deduct tax, the ao was justified in creating the demand under sections. 201 and 201(1a) for non-deduction of tax. according to the learned departmental representative, there has been an amendment by insertion of section 194l w.e.f. 1st june, .....

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Sep 28 2001 (TRI)

Naresh Prabhakar (Huf) Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... . the facts of the case are that father of the assessee shri lakhpat rai. was co-owner of land in phagwara along with shri amrit lal prabhakar, shri satya swami and others. the aforesaid land was acquired by the punjab government through notification issued under the land acquisition act in 1973. the collector allowed compensation to the assessees @ rs. 556 per marla which was enhanced by ..... has been no determinable point of time between the expiry of the time provided under the old act and commencement of the amending act. the legislature has given to section 18 of the finance act, 1956 only a limited retrospective effect i.e. upto 1st april, 1956 only. that provision must be read subject to the rule that ..... to be an order of the court in any proceedings". the words "or by a court in any proceedings under any other law" were inserted by the direct taxes laws (amendment) act, 1987. this will suggest that there should be matter before the hon'ble supreme court in some proceedings and the hon'ble supreme court has passed an order on that ..... as under: but the authority of the ito under the act before it was amended by the finance act, 1956, having already come to an end, the amending provisions will not assist him to compence a proceedings even though at the date when he issued the notice it is within the period provided by the amending act. this will be so, notwithstanding the fact that there .....

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Nov 08 2004 (TRI)

Nahar Exports Ltd. Vs. A.C.i.T. C.C. V. [Alongwith Ita

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2005)92ITD484(Chd.)

..... 1908 provides for review on account of mistake or error apparent on the fact of the record. an explanation was added to it by the 1976 amendment. the explanation lays down that a subsequent reversal or modification of the existing interpretation on which a judgment is based does not render the judgment open to ..... the date of passing the order the assessing officer has taken one of the possible view. the relevant portion of the judgment of hon'ble high court of punjab & haryana in the case of cit v. max india ltd. (supra) is quoted herein below: "since the turnover of the assessee for the assessment ..... assessing officer was not correct view. but recently their lordships of hon'ble high court of punjab & haryana which is the jurisdictional high court in the case of cit v. max india ltd (supra) have taken a view that action under section ..... hon'ble supreme court while taking their respective views for computing the deduction under section 80 hhc of i.t. act, 1961. however, from above order of the hon'ble high court of punjab & haryana it seems that on the basis of subsequent decision of hon'ble supreme court the view taken by the ..... court is justified in taking into consideration other enactments where an identical provision has been defined by the same legislature." 11.2 the hon'ble high court of punjab & haryana in the case of cit v.smt. aruna luthra, 252 itr 76 (supra) observed: "the obvious intention or the legislature is that if .....

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Apr 29 1999 (TRI)

O.P. Gupta Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2001)78ITD289(Chd.)

..... recently announced." 10. one can not really understand the relevance of the letter purported to have been written by the assessee on 27-2-1990 to the punjab national bank, jind inquiring about the "scheme" when he knew about it all along. moreover this letter was not filed with the assessing officer at ..... issued a "deficiency letter" on 20-9-1989 under section 139(9) asking the assessee to specify the "nature of account no. 9248 with the punjab national bank, faridabad alongwith the proof of deposit under capital gains account scheme 1988". in the first reply dated 4-10-1989 the assessee chose to remain ..... no excuse and be also sought to distinguish the judgment of the hon'ble punjab & haryana high court in kesho ram passey v. reserve bank of india [1984] 146 itr 16 further quoting from the memorandum explaining the provision of the amendment which brought sub-section (4) of section 54f on the statute book observing ..... a residential house. it was further stated that the scheme of investment was notified on 22-6-1988 and the assessee had sold his plot of land on 12-10-1988 and on a query from the bank, no information came forth about the nature of the scheme so notified and bank manager ..... this, there was no mistake apparent from the record and ito was justified in rejecting the application of the appellant under section 154 of the income-tax act." 5. the ld. counsel for the appellant at the outset stated that whole of the amount received on the sale had been utilised within the stipulated .....

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Jul 20 2007 (TRI)

Deputy Commissioner of Income Tax Vs. Glaxo Smithkline Consumer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)107ITD343(Chd.)

..... their lordships of the supreme court held that the tribunal had not taken notice to ascertain as to whether under the gujarat sales-tax act, 1969 there was such an amendment. therefore, as to whether the tribunal was right in law and on facts in directing allowance of deduction gave rise to a question ..... . 25th sept., 1987 providing for allowance of deduction in respect of the sales-tax deferred payment would apply only if a state government had amended its sales-tax act to provide that the sales-tax that was deferred under an incentive scheme framed by it would be treated as actually paid so as to ..... of the tax paid by them. this was not intended by section 43b. hence, the first proviso was inserted in section 43b. the amendment which was made by the finance act of 1987 in section 43b by inserting, inter alia, the first proviso, as remedial in nature, designed to eliminate unintended consequences which ..... of the tax paid by them. this was not intended by section 43b. hence, the first proviso was inserted in section 43b. the amendment which was made by the finance act of 1987 in section 43b by inserting, inter alia, the first proviso, was remedial in nature, designed to eliminate unintended consequences which may ..... . he has also made references to the decision of the supreme court in the case of allied motors (p) ltd. v. cit and the decision of punjab & haryana high court in the case of cit v. madanlal & bros.. he has also relied on the decision of the special bench of tribunal, chennai .....

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Jul 28 1986 (TRI)

Commissioner of Income-tax Vs. Smt. Ranjana Kumari

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1986)19ITD662(Chd.)

..... tax. even otherwise it has been held by the various high courts that description of appellant is not fatal but only an irregularity which can be amended. the decision of punjab high court in gian chand vir bhan v. cit [1960] 39 itr 414 and patna high court in gouri kutnari devi v. cit [1959] ..... of gift-tax return and say that that is his income-tax return. public policy is to promote regard and not disregard for the law of the land. 17. a few more decisions may be cited to show that courts have not agreed to treat absence of action as, if it was taken, ..... rule 13 of the income-tax (appellate tribunal) rules, 1963 in india. 12. madhya pradesh high court emphasised in cit v. jiwajirao sugar co. ltd. [1969] 71 itr 319 that 'before a reference can be made, there must be an application which is made within the period of limitation prescribed under section 66(1)' ..... will be substituted and it will have effect from the date when the original petition was filed. the provision of section 41c of the gift-tax act also state that the proceedings do not become invalid in the eventuality mentioned above.as abovesaid, in addition to written agreements from both the sides, except ..... the reference application be dismissed in limine not only due to original three defects that its heading was wrong, section mentioned was under the income-tax act and the form was improper but also because the learned senior departmental representative in spite of asking of the bench did not furnish his written submissions in .....

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Apr 07 2006 (TRI)

Joint Commissioner of Vs. Kwality Cafe and Restaurant (P.)

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)105ITD169(Chd.)

..... support the contention that right to sue was not an actionable claim. the learned counsel further invited our attention to section 55(2)(a) of the income-tax act, 1961 which has been amended with effect from 1-4-1998 and partly with effect from 1-4-2002 applicable prospectively. it was contended that the legislature has recognized brand name as a ..... tax (appeals), according to the learned departmental representative is contrary to the facts on record. it was further contended that in the alternative the assessee having incurred expenditure for the acquisition of trademarks and also having paid advertisement expenses, the amount received was assessable to tax under section 41. in support, reliance was also placed on the decision of the ..... of the family started manufacturing ice-cream under the brand name "kwality" and the icecream was being sold in the following territories:haryana hissar, fathabad, panchkula, sirsa, shahbad, pipli, kurukshetra,punjab rahpura, patiala, sangrur, gobindgarh, kurali, ropar, nangal, 3. for good time each group continued to carry on the business in their defined areas without any disturbance. however, some difference ..... the assessee got the assignment of user rights in respect of three trademarks, namely; (i) 178269 of 31-1-1957 (ii)(a) 255297 and (ii)(b) 255298 of 11-3-1969. p.l. lamba group of delhi had entered into an agreement with brooke bond lipton india ltd./digital securities pvt. ltd. for relinquishment of trademark user rights. in the agreement .....

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Apr 07 2006 (TRI)

The J.C.i.T., Special Range-1 Vs. Kwality Cafe and Restaurant (P)

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... to sue was not an actionable claim. the learned counsel further invited our attention to section 55(2)(a) of the income-tax act, 1961 which has been amended w.e.f. 1.4.1998 and partly w.e.f. 1.4.2002 applicable prospectively. it was contended that the legislature has ..... the learned departmental representative is contrary to the facts on record. it was further contended that in the alternative the assessee having incurred expenditure for the acquisition of trade marks and also having paid advertisement expenses, the amount received was assessable to tax under section 41. in support, reliance was also placed ..... franchisees marketing assets including rights to vendor licences/vending licences and municipal trade licences for a gross consideration of rs. 2 crores payable on acquisition of such assets clause-2 of the agreement provides list of the parties from whom the release of trade mark licences and transfer of marketing ..... sunil lamba had been assigned absolutely and irrevocable to use all three trade marks in the territories of j & k, state of himachal pradesh, haryana, punjab, rajasthan, uttar pradesh and union territories of delhi and chandigarh. by virtue of the agreement dated 29.7.1982, p.l. lamba group of delhi ..... rights in respect of three trade marks, namely ; i) 178269 of 31.1.1957 (ii)(a) 255297 and (ii)(b) 255298 of 11.3.1969. p.l. lamba group of delhi had entered into an agreement with brook bond lipton india ltd./digital securities pvt. ltd. for relinquishment of trade mark .....

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