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Smt. Mina Deogun Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Land Acquisition

Reported in : (2008)117TTJ(Kol.)121

in a residential let out property, situated at Panchsheel Park, New Delhi.7.1 The facts giving rise to the first two material issues are as follows : A residential house property at 47, Golf Links, New Delhi, was … not striking down the reference to the Valuation Officer made by the AO under Section 55A of the Act and was not justified in upholding the reference under Section 55A(2)(b) even though the said provision was not … report, the fair market value of the property was determined at Rs. 73,60,975. The 1/4th share of the assessee's share came to Rs. 18,40,244 and

Deputy Commissioner of Income Tax Vs. CochIn Malabar Estates and

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2006)104TTJ(Coch.)434

No. 177/Coch/2003), the CIT(A) has held as under: The AO issued notice under Section 148 on 2nd March, 2000 for the similar reasons as in the asst. yr. 1987-88. The AO thereafter completed the assessment under Section … all the appeals: 1. The order of the CIT(A) in ITA Nos. 73, 74, 75, 76, 77 and 78/DC/R-1/CIT-II/2002-03 dt. 16th Dec., 2002 is opposed … prescribed under the Act. Hence, in our opinion, considering the facts and materials on record, the CIT(A) is right in declaring all the assessment orders for all the assessment years under consideration as invalid, and hence we

Swami Ramdev & Anr. Vs.facebook, Inc. & Ors.

Court : Delhi

Subject : Right to Information

with the Rules are relevant. The same are extracted below: CS (OS) 27/2019 Page 63 of 76 The Information Technology Act, 2000 Section 2(j) ―computer network means the interconnection of one or more computers through- (i) the use of satellite, microwave, … the requirements of federal law, especially when there are no adequate remedies available.‖)(quoting Valle del Sol Inc. Whiting, 732 F.3d 1018, 1029 (9th Cir.2013)) An injunction would also serve the public interest. Congress recognized that free speech

Arvee International Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)101ITD495(Mum.)

ordinary use it denotes an unaccountable error in judgment or fact; especially in one remarkable otherwise for accurate information and right decision. It is exceptional error or mistake in those otherwise not likely to be deceived. (Smith, … is directed against the order passed by the learned Commissioner of Income-tax under Section 263 of the Income-tax Act, 1961 on the following grounds: 1. The order passed by the Ld. CIT under Section 263 of the … v. CIT IT Appeal No. 117 (Mum.) of 2004 for assessment year 2000-01.6. In reply, Shri Rai, the learned Departmental Representative supported the order passed … appreciate that appellant had shown the value of import entitlement at Rs. 73,01,184 in the closing stock of assessment year 1996-97 and after selling part

Assistant Commissioner of Income Vs. Concord Commercials (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2005)94TTJ(Mum.)913

in the circumstances of the case and in law, the learned CIT(A) erred in holding that provisions of Section 73 r/w Explanation thereto are not applicable in the assessee company and thereby further erred in directing to allow … reason that the special counsel engaged by the Department to conduct its case, Shri Beni M. Chattergi, has informed his inability to appear in the Court for this case and the appointment of another counsel is in … present Special Bench has been constituted under Section 255(3) of the IT Act, 1961, to consider and decide the following issue : "On the facts … Trading (P) Ltd. v. Asstt. CIT (ITA No. 2l55/Bom/1992, dt. 28th July, 2000)Contony Trading Enterprises Ltd. v. Asstt. CIT (ITA Nos. 1430 & 1431/Bom/1992, dt.

Shaw Wallace Distilleries Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

Reported in : (2004)85TTJ(Delhi)236

agreed : (a) not to divulge to third parties without the consent of the Swiss company any confidential information received under the agreement; (b) Without the written consent of the Swiss company, not to assign the benefit … royalty, the assessee explained its case as per letters dt. 24th Jan., 2000 and 10th March, 2000.7. The assessee relied upon the agreement with SWC … rendered by them. The payment of royalty is wholly and exclusively for the purpose of carrying out business activities only. These expenses are clearly in the nature of revenue expenditure and, therefore, are fully allowable. The treatment … facts and circumstances has erred in deleting the disallowance of royalty under Section 35A or 40A(2) amounting to Rs. 5,27,35,429. 2. The learned CIT(A) in

Parkar Securities Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)102TTJ(Ahd.)235

of a share broker. But the fact remains that it is only a general statement without any factual information giving the necessary transactions which were purported to have been caused due to bad delivery or due to … and it is directed against the order of CIT(A), dt. 19th Sept., 2000 for asst. yr. 1997-98.2. Grounds of appeal attached with Form No. 36 … shares comes to Rs, 21,00,775. Before discussing the issue it would be worthwhile to reproduce the Explanation to Section 73 which reads as under: Where any part of the business of a company other than a company whose … such shares' also does not indicate that the legislature had several other actual and existing non-speculative activities of business in mind. It merely indicates that

Srj Securities Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Officer while finalizing the assessment asked for certain clarifications from the assessee in terms of the explanation to Section 73 of the IT Act. Explanation so called for by the Assessing Officer from the assessee was given by … not disallowed. To the query raised by the Assessing Officer, the assessee vide his letter dated 8-3-2000 nowhere informed the Assessing Officer having purchased the shares on behalf of their clients, who had backed out resulting in

MerfIn (India) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2002)80ITD399(Hyd.)

is directed against the order of the CIT(A)-IV, Hyderabad, dt. 5th Dec., 2000, for the asst. yr.1997-98, wherein he confirmed the disallowance of a loss … the ground that it was not a trading loss, but a speculation loss in terms of Explanation to Section 73 of the IT Act, 1961.2. The appellant company is a member of National Stock Exchange of India Limited … We have also extracted hereinabove, the relevant portion of Schedule XV, figuring as part of the printed Annual Report for the year 1996-97. This report is not page numbered. The loss on sale of shares of Rs.

itc Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2003)86ITD135(Kol.)

of M/s BPL are traded in the Calcutta Stock Exchange and that is the only authentic source of information regarding the prices of such shares. He also argued that in the absence of any finding by the … that on the facts and in the circumstances of the case, the learned CIT(A) erred in confirming the action of the AO in rejecting the appellant's claim for being allowed deduction under Section 36(1)(iii) of IT Act,