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Assistant Commissioner of Income Vs. Yokogawa India Ltd.

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2007)111TTJ(Bang.)548

3 divisions: 7. The software service division is registered as a Software Technology Park Unit with STPI. The software service division is making profits and … its inception, Section 10A excluded certain incomes from being charged to tax. Section 10A was substituted by Finance Act, 2000 w.e.f. 1st April, 2001. In the substituted section, a deduction of the profits derived by the undertaking from … deduction under Section 10A(1) is to be allowed. (a) Income enumerated in Chapter III are not only to be excluded from the total income at … in the Act. (iii) The CIT(A) ought to have held that as the 'total income' has to be first computed before allowing the deduction under Section 10A, the losses from the non-10A units have to be first

Subhash Chand Chopra Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)92TTJ(Delhi)1087

a result of search or requisition of books of account or other documents and such other materials or information as are available with the AO and relatable to such evidence." 7. We, after considering the above provisions, … AO and the material pointed out by parties in their paper books.6. Chapter XIV-B starts with s, 158B and provides the definition of "block period" … to 1996-97 upto the period 13th Oct., 1995, passed under Section 143(3) r/w Section 158BC of the IT Act.2. Since large number of issues are involved in this appeal, therefore, it is necessary to reproduce all the … Bank of Baroda. According to the enquiries, for the draft Nos. 0005745, 20005754 which were purchased by the assessee from Bank of India and draft

S.S. Gems International Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Danchand Ghodawat (2000) 247 ITR 448 (Bom) on the plea that under Chapter XIV-B, the AO could not refer the valuation of assessee's house property … as a result of search or requisition of books of account or documents and such other material or information as are available with the AO. In this step, the emphasis is on the total income and the … DVO's report and the DVO's report is more detailed and exhaustive.The learned authorised representative contends that such an action of the learned CIT(A) is erroneous inasmuch as no estimation can be done under block assessment scheme. Reliance … the case of CIT v. Pratap Singh and Ors. (1993) 200 ITR 788 (Raj). The assessee was duly confronted with the report of the DVO

Rajesh Vs. State of Kerala

Court : Kerala

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 … COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 7TH DAY OF AUGUST 2013 16TH SRAVANA, 1935 Crl.Rev.Pet.No. 10 of 2013 ()

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

Court : Supreme Court of India

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 … NGOs, etc., some opposing the petitions and some supporting the Aadhaar Page 7 of 567 Writ Petition (Civil) No.494 of 2012 & c onnected matters

Commissioner of Income Tax Vs. Concord Pharmaceuticals

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 3, 4, 37(4), 90, 90(2), 119, 253(2), 260A, 263, 268A, 268A(1), 268A(4), 268A(5) and 275(1); Finance Act, 2008; Kerala General Sales Tax Act, 1963 - Sections 3(1A) and 60; Income Tax Rules - Rule 47; Income Tax Appellate Tribunal Rules, 1963 - Rules 6 to 15

Reported in : (2008)220CTR(Guj)117; [2009]317ITR395(Guj)

is also contended that the CBDT Instruction No. 1985, dt. 29th June, 2000 clarifies the Instruction No. 1979/F. No. 279/126/1998-ITJ, dt. 27th March, 2000 and … [2003]263ITR707(SC) , it is held that Circular No. 789, dt. 13th April, 2000 [(2000) 160 CTR 5], … also taken into account. The Board has also clarified that where a question of law arises for the first time before the High Court concerned, it should be contested irrespective of revenue involved. Where an adverse judgment … The Revenue has filed tax appeals Nos. 1402 to 1405 of 2007 under Section 260A of the IT Act 1961 for asst. yrs. 1995-96 and 1996-97 proposing to formulate the following substantial question of law for determination … of appeal/application for reference by any IT authorities under the provisions of Chapter-XX of the Act. It is, therefore, urged that the Tribunal has rightly

Morarjee Goculdas Spg. and Wvg. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)98TTJ(Mum.)201

period declaring 'nil' undisclosed income.The AO, thereafter issued notices under Section 143(2) on various dates calling for detailed information on a number of points. During the course of proceedings under Section 158BC(b), the AO also referred to … been relied upon by the learned AO was beyond the scope of Chapter XIV-B. For the purpose of applying the provisions of Chapter XIV-B, there … lakhs. The assessee further claimed that it purchased 2100 high pressure seamless gas cylinders from M/s Applied Cryogenics Technological Services, A13/16, T.N.H.B., Baglur Road, Hosur, for a sum of Rs. 1,00,80,000. Thus, the total cost of assets … in the case of the assessee under Section 158BC of the IT Act, 1961, for the block period from asst. yrs. 1987-88 to 1996-97 and … Thottipalayam, Pirivu, R.K. Pudur, Coimbatore, vide invoice No. 7115, dt. 25th Feb., 1995 and to have leased

Narendra Kumar JaIn Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

May, 2000.6. On 15th Feb., 2000, the learned Departmental Representative produced original notice under Section 142 of IT Act dt. 29th Aug., 1986, for perusal of the Bench, but he was directed to file photocopy on the … and the block assessment order made by invoking the provisions contained in Chapter XIV-B is liable to be declared as null and void." 5. Because … pp. 29 to 40 of the paper book.8. In the above background, we proceed to adjudicate legal grounds first. Ground Ho. 4 9. In support of this ground, learned counsel for the assessee, S.K.Garg submitted that since … case of: 1. Microland Ltd. v. Asstt. CIT (1999) 63 TTJ (Bang) 701 : (1999) 67 ITD 446 (Bang); 2. Verma Roadways v. Asstt. CTT

Assistant Commissioner of Income Vs. Tea Agency Trading Centre

Court : Income Tax Appellate Tribunal ITAT Guwahati

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 … he found that out of Rs. 17,72,807, Rs. 7,73,099 (Rs. 2,82,793 + Rs. 2,805 + Rs. 2,59,911

Abn Amro Bank Nv Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2006)280ITR117(Kol.)

conditions of Section 40(a)(i) being met, the assessee having not deducted tax at source under Section 195, under Chapter XVII-B on payments of interest to non-resident, the assessee's claim for deduction of said payment of interest as … under Section 195 and thereby made itself liable for payment under Section 201 of the Act.3. We shall first take the case of ABN Amro Bank. The assessee-bank in this case is incorporated in Netherlands with a … respect of this payment. By virtue of deeming fiction provided by Article 7.3(b) of DTAA, the interest paid by the PE to the head office