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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 … money and house-tax placed at paper book pp. 55 to 58 and 83 to 114, the ADI referred the matter to the Valuation Cell for

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" … amount is an unexplained investment. Asst. yr. 1990-91 8. That the learned AO erred in estimating an … 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

Slocum Investment (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Service Tax

Reported in : (2006)101TTJ(Delhi)558

bid or application in the issue. (4) There was tremendous surge in the valuation of listed shares of Information Technology companies in the last quarter of 1999. Encouraged by the market movement, which kept on climbing from August, … provisions of Section 92 cannot be considered as its undisclosed income under Chapter XIV-B. (ii) The sale consideration received by it from M/s WIPL was … AO and an order dt. 27th March, 2003 was passed by the AO under Section 143(3) of the Act. A copy of order of assessment is at pp. 362 to 372 of assessee's paper book (Vol. 1).4. … sale of the shares in the previous year relevant to asst. yr. 2000-01, i.e., financial year 1999-2000, by the assessee, M/s SNIPL and M/s HCLCL … companies, it sold 4,15,000 shares leaving with it 85,85,000 shares of M/s HCL Consulting Ltd. of the

Om Prakash Sharma Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Reported in : (2004)83TTJ(JP.)246

the agriculture income at very lower side. The learned AO has not considered all the important facts and information gathered by the two different inspectors in the spot inquiries conducted by them in respect of agriculture income. … clearly mentioned in Section 2 of the Finance Act. The part I of the First Schedule of Finance Act, 2000 prescribes the levy of surcharge at 10 per cent on income-tax computed in accordance with Section 113. But … (a) There is special procedure for the assessment of search cases, The Chapter XIV-B of IT Act deals with the said special procedure. Tax on … 2000 and the AO had visited the house of the assessee on 8th April, 1996, 12th April, 1996 and 21st May, 1996. At p. 544

Amish Devgan Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

and 505(2) of the Indian Penal Code, 1860 (in short, the ‘Penal Code’) and Section 66-F of the Information Technology Act, 2000, (in short, the ‘IT Act’), no offence whatsoever can be made out; the allegations are based upon utterances … seven Judge Constitution Bench of this Court has rejected challenge to the constitutional validity of Section 144 and Chapter VIII of the Code of Criminal Procedure, 1873 holding that the impugned provisions properly understood were not in … (1995) 3 SCC2144 AIR1947Nagpur 1 5 (1997) 7 SCC4316 AIR1950SC1297 AIR1927Lah 594 8 AIR1947PC829 AIR1971Bom 56 10 (1990) 3 SCR69711 1942 FCR38Writ Petition (Criminal) No.160

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 … a substantial portion of the said consideration (around 85 per cent) was simultaneous. For this purpose after

Prakash Chand Vij Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2005)95TTJ(Chd.)409

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, as reduced by the aggregate of the … are directed against the order of the learned CIT(A), dt. 10th March, 2000, for the block period 1st April, 1986 to 6th March, 1997.2. Since … the contention of the assessee by stating that no such deduction under Chapter VI-A of IT Act is available for computing the income of the … years in respect of interest income of the block period in terms of Section 80L of the IT Act, 1961. 3. That on the facts and in the circumstances of the case, learned CIT(A) has erred in … of the block period in terms of Section 80L of the IT Act, 1961. 3. That on

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

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 … 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 … Kurian Abraham (P) Ltd. and Anr. decided on 8th Feb., 2008, the Hon'ble Supreme Court has held

Datamatics Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

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 … the CIT(A) in confirming the disallowance under Section 80-O of the IT Act, 1961, in respect of