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Amarjit Singh Bakshi (Huf) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2003)263ITR75(Delhi)

The effective hearing in both these cases were started on 5th Oct., 2000 and finally they were completed on 1st June, 2001.Detailed arguments were put … regular assessment will be separate and apart from the block assessment under Chapter XIV-B. The assessee was required to explain the sources of payment of … a further opportunity was given to the assessee.A copy of Annexure A-3 was given to the assessee. Some informations were received from the bank. An extract of those informations were also given to the assessee for filing … two appeals by two assessees against the assessment order under Section 158BD r/w Section 113 of the IT Act, 1961 for the block period i.e., from asst. yrs. 1987-88 to 1997-98 (up to 6th Nov., 1996).These two … in case of assessee the transaction related to 12 bighas of land, the registration of which was

Deputy Commissioner of Income Tax Vs. Syncome Formulations (i) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2007)106ITD193(Mum.)

new Section 115JB from the asst. yr. 2001-02 onwards. This new provision has been introduced by the Finance Act, 2000. This section also retained the deduction available under Section 80HHC under Expln. (iv) provided under Section 115JB(1). In … prevail over Section 80AB or any other provisions of the Act under Chapter VI-A for the reason that Section 80AB has been given an overriding … Finance Act, 1987 w.e.f. 1st April, 1988, through Section 115J under Chapter XII-B of the IT Act, 1961. This provision remained in the statute book … eligible for deduction under Section 80HHC computed under Clauses (a), (b) or (c) of Sub-section (3) thereof. Hence, first it has to be determined whether the assessee is entitled to deduction under Section 80HHC. If he is

Satyabhushan Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2004)84TTJ(Bang.)165

charged to tax at rates prescribed in Section 113. Section 113 of the Act, which is part of Chapter XII, prescribes levy of tax for a block period which is other than a previous year. This income for … It was further submitted that rates of tax are determined by annual Finance Act and since the Finance Act, 2000 provides for levy of surcharge on tax levied under Section 113, the same need to be upheld. . … appraisal report by search party. No basis for such estimate is either informed to assessee or furnished before us. In such a situation we find

K.R.Ravi Rathinam Vs. 1. the Director General of Police

Court : Chennai

Subject : Land Acquisition

have committed offences under Sections 66 B, 66 E, 72, 72 A r/w. 76 and 77 of the Information Technology Act, 2000 and Sections 109, 379, 403, 420, 468, 470, 471 along with 120 (b) of IPC. The intellectual property … as the power to investigate into cognizable offences is legitimately exercised in strict compliance with the provisions under Chapter XII of the Code of Criminal Procedure. Ordinarily, a Writ Court cannot direct Investigation Agency to carry out investigation

Shreya Singhal Vs. U.O.I.

Court : Supreme Court of India

Subject : Land Acquisition

infirm in any manner. Section 79 and the Information Technology (Intermediary Guidelines) Rules, 2011.112. Section 79 belongs to Chapter XII of the Act in which intermediaries are exempt from liability if they fulfill the conditions of the Section. … over the internet is included within its reach. It will be useful to note that Section 2(v) of Information Technology Act, 2000 defines information as follows: "2. Definitions.-(1) In this Act, unless the context otherwise requires,- (v) "Information" includes data,

Suomoto Proceedings in Flesh Trade Vs. State and ors.

Court : Jammu and Kashmir

Subject : Criminal

Reported in : 2008(1)JKJ161

Special Police Establishment Act, 1946. The CBI re-registered the case as RC 1(s)/2006/SCR-III/CBl/ND under Section 67 of the Information Technology Act, 2000 on May 10,2006.39. As a result of initial investigation CBI arrested five persons apart from those arrested by … a bond, to appear, if and when so required, before a Magistrate in case upon an investigation under Chapter XII it appears to the officer-in-charge of the police station that there is not sufficient evidence or reasonable ground

Nawal Kishore and Sons Jewellers Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

Reported in : (2003)87ITD407Luck

Sections 142, 143 and 144 and then submitted that Section 142 empowers the AO only to collect the information for the purpose of making assessment.On the basis of the material so collected, he may accept the return … as explained in P. Ramanatha Viyar : Law Lexicon 2nd Edn, Reprint 2000, General Ed. Justice Y.V. Chandrachud at p. 32.21. Proceeding further, it was … 142, Sub-sections (2) and (3) of Section 143 and Section 144 under Chapter XIV-B. No other manner has been prescribed for making the assessment of … President of the IT AT : "Whether the provisions of Sub-section (2) of Section 143 of the IT Act, 1961, are applicable to the block assessment proceedings. If so, whether non-issuance and non-service of the notice under

Sushil Suri and ors. Vs. State and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(35), 192, 194A, 194A(4), 200, 204, 276B, 276C, 276CC, 276C(1), 277, 278B, 279 and 285; Foreign Exchange Regulation Act, 1973 - Sections 2; Taxation Laws (Amendment) Act, 1975

Reported in : [2008]303ITR86(Delhi)

in depositing the tax deducted at source under various provisions contained in Chapter XVII-B of the IT Act. Essentially, when a 'person' fails to pay … 'foreign exchange asset' shall have the meanings assigned to them in Chapter XII-A(b) 'authorized dealer' shall have the meaning assigned to it in Clause (b) … held liable under Section 276B unless the ITO has served a notice on him under Section 2(35)(b) and informed him of his intention to treat him as the principal officer of the company.The introduction of Section 278B … after cognizance has been taken of the offence punishable under Section 276B r/w Section 279 of the IT Act, 1961 in respect of the financial years 2002-03, 2003-04 and 2004-05.2. The short point raised by the learned

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

Vasundhara Lpg (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)83TTJ(Delhi)860

purpose of introducing the provisions of Section 115J, 115JA and 115JB in the IT Act, 1961. A new Chapter XII-B containing Section 115J has been inserted by the Finance Act, 1987 which levies minimum tax on book … case of Apollo Tyres Ltd. v. CIT (2002) 255 ITR 273 (SC).4. In appeal, the CIT(A) upheld the action of the AO on the ground that the AO does not have jurisdiction to go behind the net