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Commissioner of Income Tax Vs. Bencomar Hotels (Goa) Pvt. Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 143(1), 143(3), 148, 154, 260A, 260A(7), 260B and 263A; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 109; Finance Act, 1988; Finance Act, 1999; Code of Civil Procedure (CPC) (Amendment), 1976; Constitution of India - Article 133(1)

Reported in : (2009)222CTR(Bom)606

(2) 1988 which was brought into effect from 1st October, 1990 and the changes made thereunder by the Finance Act 1999 whereby Section 260A and 260B are inserted and added under the sub heading 'cc-appeals to High Court.' It … importance' as has been done in many other provisions such as Section 109 of the Code or Article 133(1)(a) of the Constitution. Thus, it is clear that findings arrived at by the First Appellate Tribunal cannot be

indo NissIn Foods Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2004)83TTJ(Bang.)440

regarded as income earned in India. The said section has been amended w.e.f. 1st April, 2000 by the Finance Act, 1999.6. The AO was of the view that the assessee-company did not deduct taxes at source in respect of … vide letter dt. 29th Jan., 1999, addressed to the assessee-company, stated as follows : "Sub: Inquiry under Section 133(6) of the IT Act, 1961--Taxability of salary, allowances, perquisites paid abroad to expatriate salaried employees for services rendered

Mrs. S. Pareemalam Vs. the Central Bureau of Investigation Represented ...

Court : Chennai

Subject : CriminalCommercial

Acts : Code of Criminal Procedure (CrPC) - Sections 482

Reported in : [2006]130CompCas282(Mad)

have not yet been released to the petitioner, as the enquiry under Section 37(3) of Foreign Exchange management Act, 1999 read with Section 133 of the Income Tax Act, 1961 has been instituted against the petitioner. The claim … one L/c of the Supreme Impex, opened at United Commercial Bank, Singapore for export of confectionary items was financed a packing credit of Rs.25 lakhs by IOB, Thiruvanmiyur. The goods were detained by the Directorate of Enforcement,

Marubeni Corporation (Liaison Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2002)83ITD577(Delhi)

it was further submitted that the assessee-company had several informal discussions with high ranking officials in CBDT and Finance Ministry and assurance was given to the assessee-company that if the company went ahead and paid the taxes, … was also informed that the jurisdiction was transferred only on 11th Feb., 1999, when the order under Section 127 was passed by the CBDT. Accordingly, … from Reserve Bank of India to establish a liaison office at Mumbai, so as to pursue, its business activities consisting of trading, etc. In the later, year the branches of the liaison office were obtained in Calcutta, … Asstt. GIT, TDS Circle 22(1), New Delhi, issued a notice under Section 133(6), dt. 27th March, 1996, addressed to the liaison office seeking details which

Deputy Commissioner of Income Tax Vs. Sahara India Financial Corpn.

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

Reported in : (2003)81TTJLuck389

has also placed reliance on the decision of Calcutta High Court in the case of CIT v. Precision Finance (P) Ltd (1994) 208 ITR 465 (Cal), the decision of Kerala High Court in Edayanal Constructions v.CIT (1990) … completed assessment at Rs. 10,45,77,81,760 vide assessment order dt. 23rd April, 1999, under Section 144 of the IT Act, 1961. (ix) The assessee challenged treatment given by the AO to the special audit report before the learned … and the genuineness of the relevant transaction by issuing notice under Section 133(6) directly to the depositors, through which they were required to furnish certain

Commissioner of Income Tax Vs. A.M. Habeeb

Court : Kerala

Subject : Direct TaxationCivil

Acts : Income Tax Act, 1961 - Sections 249(1), 253(6), 260A, 260A(2) and 260A(7); Wealth-tax Act, 1957 - Sections 27A; Kerala Court Fees and Suits Valuation Act, 1959 - Sections 52A - Schedule - Article 3; Finance Act, 1999; Code of Civil Procedure (CPC) , 1908 - Sections 100; Kerala Court Fees and Suits Valuation (Amendment) Act, 2003

Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202

on which the fee for appeal provided under Section 260A of the IT Act was omitted by the Finance Act, 1999 is virtually resurrected in the Court Fees Act and that unlike under the very scheme of the Court … the appeals have been preferred', that in 3957 SCR 488 the Supreme Court considered the language of Article 133 of the Constitution of India and repelled the arguments that it impliedly takes away the right of appeal

Premier Automobiles Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2003)84ITD169(Mum.)

that slump sales are assessable to tax only by virtue of amendment made in the statute book by Finance Act, 1999 which is prospective in operation. Since the instant sale took place prior to that, it is not taxable. … in particular adverting our attention to pp. 108 to 110, 118, 127, 133, 134, 137, 138, 140 and 142 to highlight that a consolidated price … IT authorities have erred in law and on the facts of the case in taxing Rs. 46,78,000 under Section 41(1) of the Act".The learned counsel of the assessee contended that the amount of Rs. 46,78,000 has been

Assistant Commissioner of Income Vs. C.V.M. Exports

Court : Income Tax Appellate Tribunal ITAT Rajkot

Subject : Direct Taxation

Reported in : (2006)103ITD251(Rajkot.)

read with Section 143(1) and not Section 143(3). The provisions of Section 143(1) have been amended by the Finance Act, 1999, w.e.f. 1st June, 1999.In view of the above discussions, following questions fall for consideration : (i) What are … regard to carrying on manufacturing activity on job-work, reliance was placed on Raymon Gelatine v. Asstt. CIT (2003) 133 Taxman 198 (Ahd)(Mag) wherein it was held that it was immaterial that such processing was done in the

First Leasing Company of India Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2005)94TTJ(Chennai)649

MSMCL who in turn passed the money to M/s MSMCL. The assessee has done this only as a finance transaction as the lessee was in need of funds and the intention is not to buy any machinery. … as the inspection of the assets could have been made only in 1999 by the Departmental valuer and arriving at their value on the date … under : 2. The learned counsel for the assessee has relied on the following case laws, commentaries and Acts : 1. The extracts of Law of Practice of Income-tax, Vol.-I, Ninth Edn. of Kanga, Palkhivala and Vyas. … on these leased out assets. The AO while framing the assessment under Section 143(3) of the IT Act, after making enquiries disallowed the claim of … Plywood Industries. The AO made enquiries under Section 133(6) of the Act on the supplier, M/s Perfect

The Karnataka Bank Ltd. and ors. Vs. the Secretary, Govt. of India, Mi ...

Court : Karnataka

Subject : Direct Taxation

Reported in : (2002)174CTR(Kar)418

only be used to call for information relating to the person' that is in this case about the finance of the petitioner and not in respect of the depositors or (sic).All these contentions were repelled by Raveendran … specifically record that the information being called for is in terms of section 133(6) of the Income Tax Act, 1961, with the prior approval of the Director of Income Tax (Investigation), Bangalore. The validity of a similar