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Sep 08 2003

Assistant Commissioner of Income Vs. Tea Agency Trading Centre

Court : Income Tax Appellate Tribunal ITAT Guwahati

Decided on : Sep-08-2003

Subject : Direct Taxation

Reported in : (2004)88ITD96(Gau.)

only. Further, Section 45(1A) was inserted in the Act w.e.f. 1st April, 2000, and the same was not applicable in the year under consideration. Hence, … of the provisions of Section 43(6)(c) r/w Expln. 4 in the same Chapter of the Act for arriving WDV of such assets which in this … losses for asst. yr. 1992-93 against the appellant's income for asst. yr. 1993-94." 2. In respect of the first ground of appeal, the relevant facts are as follows. The AO observed that the assessee has claimed Rs. … Rs. 29,48,511 was an additional benefit derived in the course of the business under Section 28 of the Act. In this view of the matter, be added Rs. 29,48,511 to the income of the assessee for the … justified in deleting Rs. 2,82,792, Rs. 2,805, Rs. 25,911, Rs. 2,27,590 out of disallowance of Rs. 15,22,807

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Aug 07 2013

Rajesh Vs. State of Kerala

Court : Kerala

Decided on : Aug-07-2013

Subject : Land Acquisition

of Kerala having jurisdiction over the entire State of Kerala, constituted to investigate any offence committed under the Information Technology Act, 2000 have power or authority to file final report charging offences under the India Penal Code or under any … within the limits of such Station would have power to enquire into or try under the provisions of Chapter XIII. According to Section 177 of the Cr.PC, every offence ordinarily be enquired into and tried by a … time the limit enjoyed by K C Wood Industries has enhanced from 25 Lacs to 50 Lacs. We are doing same business and the K

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May 26 2010

Commissioner of Income Tax Vs. Hotel Meriya

Court : Kerala

Decided on : May-26-2010

Subject : Direct Taxation

Acts : Income Tax Act - Sections 131, 132, 132(4), 158B, 158BA, 158BB, 158BC, 158BFA(1) and 260A; ;Evidence Act - Section 3; ;Indian Income Tax Act, 1922; ;Indian Income Tax Act, 1911; ;Finance Act, 2002 - Section 113; ;Finance Act, 2001; ;Code of Civil Procedure (CPC) , 1908

reasoning that no evidence was found out as a result of the search and such other materials or information for making assessment during that period. It was also observed by the appellate Tribunal that the statement under … is liable to be assessed for the block period as contemplated under Chapter XIV B of the Income Tax Act. The dispute is only regarding … P.S. Gopinathan, J.1. This is an appeal preferred by the Department under Section 260A of the Income Tax Act (hereinafter referred to as 'IT Act') against the assessee. The assessee M/s. Hotel Meriya, Pala is running a … 5% suppression of turnover of liquor for the assessment years 1996-'97 to 2000-'01. For the assessment year 2001-'02 the concealment of income was determined at … sale outcome. Cash book was seen recorded upto 25.6.2001. Cash book showed a cash balance of Rs.

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Feb 14 2007

Datamatics Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Feb-14-2007

Subject : Direct Taxation

Reported in : (2008)110ITD24(Mum.)

under Section 148 was issued to the assessee only on 27th Dec, 2000, and the assessee filed its revised returns within the time allowed by … is no bar to allow deduction under two sections forming part of Chapter VI-A, in respect of same receipts.It was submitted, deduction under Section 80HHE … doubtful advances given to the employees who were sent abroad on company's project but left the company without informing.Such advances could not be recovered and the assessee was forced to write off. This is a loss incidental … v. ITO (supra), the Hon'ble Supreme Court held : "when a notice under Section 148 of the IT Act, 1961, is issued, the proper course of action for the noticee is to file the return and if … ITO (2003) 179 CTR (SC) 11 : (2003) 259 ITR 19 (SC), although the assessee prayed for

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Sep 24 2001

Video Master Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Sep-24-2001

Subject : Direct Taxation

Reported in : (2002)83ITD102(Mum.)

learned counsel argued that the reassessment has been made without mustering any evidence or bringing on record any information or fresh evidence to justify the addition of undisclosed income from both the films to the extent of … the order of the Jt. CIT, Spl. Range-21, Mumbai, dt. 29th March, 2000, for the block period 1st Jan., 1985, to 24th Aug., 1995. The … that the additions made are valid in accordance with the provisions of Chapter XIV of the Act. He further stated that the AO failed to … 'Humse Hai Muqabala' and 'Sabse Bada Khiladi' respectively.2. The assessee is a registered firm started in 1983. Its activities are obtaining the video rights from producers and manufacturing of video cassettes and sales thereof. This firm is … the last warrant of authorisation was executed on 25th Sept., 1995. The AO observed that during the

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Sep 26 2018

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-26-2018

Subject : Right to Information

be deemed to be “electronic record” and “sensitive personal data or information”, and the provisions contained in the Information Technology Act, 2000 (21 of 2000) and the rules made thereunder shall apply to such information, in addition to, and to … by the Central Government.” Writ Petition (Civil) No.494 of 2012 & c onnected matters Page 30 of 56729) Chapter II of the Act deals with enrolment. Section 3 in this Chapter entitles every resident to obtain the … the recommendation of the Standing Committee on Finance. Demo-Official letter dated February 25, 2009, was sent by the Secretary, Planning Commission to all Chief Secretaries

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Sep 23 2020

Union of India Vs. M/S g.s. Chatha Rice Mills

Court : Supreme Court of India

Decided on : Sep-23-2020

Subject : Land Acquisition

1962 Precedent Interpreting ‘day’ and ‘date’ Notification under Section 8A of the Customs Tariff Act General Clauses Act Information Technology Act, 2000 Effect of notifications issued in e-gazettes Retrospectivity Summation 6 PART A1A2Leave granted. The aftermath of Pulwama A terrorist … Section 8A of the Customs Tariff Act 1975.3 By this notification, a new tariff entry was introduced in Chapter 98 of Section XXI in the following terms: (1) “9806 00 00 (2) All goods originating in or … of Section 17(1) of the Customs Act 19622 under Customs Tariff Heading 2523910 by levying nil customs duty in terms of notification 68/2012 dated 31

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Jan 11 2010

Southern Technologies Ltd. Vs. Joint Commnr. of Income Tax, Coimbatore

Court : Supreme Court of India

Decided on : Jan-11-2010

Subject : BankingDirect Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 14 to 59 and 145; Companies Act, 1956 - Sections 3, 209(3), 211 and 591; Reserve Bank of India Act, 1934 - Sections 45I, 45IA, 45IC, 45IC(1), 45JA, 45JA(1), 45K(1), 45K(3) and 45Q; Hire-Purchase Act, 1972 - Sections 2; Industrial Development Bank of India Act, 1964 - Sections 2; Finance Act; Constitution of India - Articles 14, 19(1) and 19(6); Income Tax Act, 1922 - Sections 10(2)

Reported in : [2010]153CompCas674(SC); (2010)228CTR(SC)440; [2010]320ITR577(SC); JT2010(1)SC14; 2010(1)SCALE329; (2010)2SCC548; [2010]187TAXMAN346(SC); 2010(1)LC387(SC)

to any person or a company or to a group of companies.45K - Power of Bank to collect information from non- banking institutions as to deposits and to give directions(1) The Bank may at any time direct … Act, it was submitted by the Department that Section 145 occurs in Chapter IV of the IT Act which deals with computation of total income. … Act? Facts2. For the sake of convenience, we may refer to the facts in the case of Southern Technologies Ltd. Civil Appeal No. 1337 of 2003.3. At the outset, it may be stated that categorization of assets … Commissioner of Income-Tax v. Woodward Governor India P. Ltd. : 312 ITR 254. According to the appellant, applying 'real income theory', the 'Provision for NPA'

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Jul 14 2020

Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal

Court : Supreme Court of India

Decided on : Jul-14-2020

Subject : Election

injustice.12. Shri Vikas Upadhyay, appearing on behalf of the Intervenor, took us through the various provisions of the Information Technology Act, 2000 along with Section 65B of the Evidence Act, and argued that Section 65B does not refer to the … an electronic form or micro film or computer generated micro fiche;” 18. Sections 65A and 65B occur in Chapter V of the Evidence Act which is entitled “Of Documentary Evidence”. Section 61 of 19 the Evidence Act … is a special provision introduced by the IT Act amending various provisions 25 under the Evidence Act. The very caption of Section 65-A of the

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May 20 2002

R.P. Monga Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-20-2002

Subject : Direct Taxation

Reported in : (2003)87ITD287(Delhi)

as a result of search or requisition of books of account or documents and such other material or information as are available with the assessee. .....".While making the addition of Rs. 39,62,000 the AO had no other … case of R.P. Monga & Sons ITA No. 5269/Delhi/1996 dt. 29th Nov., 2000, is worth mentioning. This issue was discussed and decided in the concluding … were seized. After examining this material the AO started assessment proceedings under Chapter XIV-B of the IT Act, 1961. The assessee filed return of income … by the AO for the block period ending 9th Aug., 1995. A search under s.132 of the IT Act, 1961 was carried out at the residential and business premises of the assessee which was concluded on 9th … investment of these properties works out to Rs. 25,52,000. The AO after obtaining the details disbelieved the

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