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Bharatiya Janata Party Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2002)80ITD89(Delhi)

making activity into a profit earning one as of now.46. During the course of the present hearing, no information has been furnished to us by either side as to whether similar publishing activity is being carried on … learned standing counsel also relied on a Departmental Circular dt. 19th Oct., 2000, according to which provisions of Section 44AB r/w Section 271B were held … vocation of the assessee. (4) CIT v. Distributors (Baroda) (P) Ltd. (1972) 83 ITR 377 (SC)--In this case it was held that when the legislature … as a National Party with the Election Commission of India. A notice under Section 142(1) of the IT Act, 1961 (hereinafter called the "Act") and a letter bearing No. 363 dt. 30th Nov., 1995 were issued on

Sterlite Industries (India) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2006)102TTJ(Mum.)53

in India at Tuticorin in 1997. The group in 1995 acquired an 83 per cent interest in MALCO as part of MALCO's financial restructuring and … 1. The assessee as well as the Revenue are impugning the orders of learned first appellate authority in this bunch of 14 appeals and two cross-objections in asst. yrs. 1989-90 to 1999-2000. The … substitute for development rebate, by only a different name and it is a clear incentive for ushering in technological development. The second proviso to Section 32A(1) clearly prohibits investment allowance in the case of any machinery or … reason" as provided in Sub-section (5) of Section 253 of the IT Act is used in identical position in the Limitation Act and the CPC.

Ramkumar Jalan Vs. Income Tax Officer.

Court : Mumbai

Subject : Direct Taxation

Reported in : (1996)56TTJ(Mumbai)545

s. 68 of the IT Act. Before completing the assessment, the ITO tried his best to get some information or evidence from the assessee as well as from the creditor and managing partner of the creditor Mr. … Shivnarayan, and (iv) Sri Parasuram had been examined and as per their evidence it was proved (a) that 2000 acres of land had been allotted to Shri Uma Shankar Lohia for farming, (b) that the lands were … six appeals for the asst. yrs. 1976-77 to 1980-81 are dismissed. - Section 10: [Swatanter Kumar, C.J., A.P. Deshpande & Smt. Nishita Mhatre, JJ] Admission

Bidesh Singh Vs. Madhu Singh and ors.

Court : Jharkhand

Subject : Election

Acts : Conduct of Election Rules, 1961 - Rules 52(2) and 56(2); Representation of People Act, 1951 - Sections 82, 86(4) and 97

Reported in : [2005(1)JCR173(Jhr)]

P.S., Officer-in-Charge Panki P.S. and Block Development Officer's of Panki and Manatu blocks and inspite of the prior information aforesaid no serious steps were taken by the local administration or the Election Commission for the reasons best … 318 Panki Assembly constituency of Bihar Legislative Assembly held in the year 2000, to set aside the election of the Returned Candidate i.e. respondent No. … of waiver, estoppel and acquiescence and besides that it is not in strict compliance of the provisions of Section 83 of the Representation of People Act, 1951 (hereinafter referred to as the said Act) as it is miserably

Assistant Commissioner of Income Vs. Vindhya Telelinks Ltd.

Court : Income Tax Appellate Tribunal ITAT Jabalpur

Subject : Direct Taxation

Reported in : (2007)107TTJJab149

Section 148 the appellant filed the returns. The appellant also received notices under Section 143(2) calling for further information on certain points in connection with the returns. Thereupon the appellant filed writ petitions challenging the notices. The … stated to be pending.5. The notice under Section 148 dt. 23rd Oct., 2000 was issued for the reasons that: (1) Original assessment was completed under … v. Dy. CIT (2001) 168 CTR (Del) 521 : (2002) 253 ITR 83 (Del); (xii) Amiya Sales & Industries & Anr. v. Asstt. CIT , … entire assessment was bad in law. 4. The appellant is relying on decision of R.L. Narang which is actually against the appellant. The appellant is not appreciating that valid notice under Section 148 is a condition precedent

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

Subject : Banking

Acts : Finance Act, 1994 - Section 65(19);Central Excise Act, 1944 - Section 37B; Constitution of India - Article 265; Income-tax Act - Section 119

and it is also stipulated in section 65(19) of the Finance Act, 1994 that it does not include Information Technology Services and as per the explanation to that Section, the maintenance of computer software is included in information … Circular dated 7.10.2005 issued by the second respondent, the Central Board of Excise and Customs as ultra vires section 83 of Finance Act, 1994 read with sections 37B and 65(19) of the Central Excise Act, 1944 and is

Harish Kumar Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Land Acquisition

Reported in : (2003)85ITD366(Hyd.)

CIT(A)-V, Hyderabad, failed to note that the AO had, during the course of assessment proceedings, collected all the information relating to the purchases of diamonds from the IT Department, Surat/Mumbai which revealed that the transactions were genuine … in the invoices. To demonstrate this aspect, he. took us through pp. 83 to 111 of the paper book wherein he has demonstrated that the … of Rs. 51,92,750 being the sale proceeds of diamonds as unexplained credit under Section 68 of the IT Act is unsustainable in law. 2. The learned CIT(A)-V, Hyderabad, failed to note that all the purchasers of diamonds

Farrukhabad Investment (i) Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2003)85ITD230(Delhi)

the order of the CIT(A) dt. 18th July, 2000, sustaining the penalty under Section 271D of the IT Act for asst. yrs. 1992-93 to 1995-96, 1997-98 and 1998-99 and against sustaining penalty under Section 271E of the … in the case of Hindustan Steel Ltd. v. State of Orissa (1972) 83 ITR 26 (SC). The learned counsel further referred to various cases on … of the assessment order. The CIT(A) also noted that even if the CA of the assessee did not inform the assessee that the acceptance of loans/deposits in cash beyond limit and refund the deposits in cash beyond

Essar Steel Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2005)97TTJ(Ahd.)985

the case of Malabar Industrial Co. Ltd. v. CIT (2000) 243 ITR 83 (SC) wherein it was held that merely because one view is preferable … 148 and in that context their Lordships of the Gujarat High Court held that there was no new information but only a change of opinion. The assessee had disclosed the material to the AO who was satisfied … capital goods from abroad. (iv) The gains from cancellation of forward exchange contracts was of revenue nature. The action of the AO in reducing the value of block of assets was erroneous and also prejudicial to the … certain items. The CIT, therefore, gave a notice to the assessee under Section 263 and set aside the assessment on various issues with certain directions.

The Faridkot Bathinda Kshetriya Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Amritsar

Subject : Direct Taxation

compliance of the law. This misunderstanding was prevailing with the officials working in the branch that all the information is to be filed at the time of the annual return to be filed in Form 27A of … (ITA No. 620/Asr/1999, orders for the asst. yr. 1999-2000, dt. 31st Aug., 2000); (6) Arjan Dass Amrit Lal v. AO (ITA No. 124/Asr/1998, asst. yr. … in the case of Hindustan Steel Ltd. v. State of Orissa (1972) 83 ITR 26 (SC). Alternatively, it was also submitted before the CIT(A) that … confirming the penalty of Rs. 24,80,037 imposed by the Jt. CIT, Bhatinda under Section 271E of the IT Act, 1961.2. Briefly stated, the facts of the case are that the assessee is a Regional Rural Bank established