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Dec 20 2005

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

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Dec-20-2005

Subject : Land Acquisition

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

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. … v. CIT .... This Court accordingly held that the amount of Rs. 84,633 was an allowable expenditure. This case too is of no assistance to

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Jun 21 2005

Wipro Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Decided on : Jun-21-2005

Subject : Direct Taxation

Reported in : (2005)96TTJ(Bang.)211

Explanation to Section 80HHE of the IT Act, 1961 (43 of 1961), the CBDT hereby specifies the following information technology enabled products or services, as the case may be, for the purpose of said clauses, namely : includes … Systems Division, STPK/G175/97- 18-11-1997 1999-2000 1999-2000Chennai 111, Mount Road, 98/2761 Guindy, Chennai-600Pune Wipro Ltd., CTS, 685/2B STP/P/VIII(A) 10-3-2000 2000-01 2000-01Gurgaon Wipro Ltd., Flat No.201, PCMG/PSE/5 19-3-2000 2000-01 2000-01Mysore -- -- -- 2000-01 2000-01__________________________________________________________________________________________ was filed by the … not assessable." 18.1 The appellant is aggrieved by the addition of Rs. 84,34,064 towards the interest under Section 244A purportedly received by the appellant during

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Sep 08 2000

Deputy Commissioner of Income Tax Vs. U.P. Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

Decided on : Sep-08-2000

Subject : Direct Taxation

for the asst. yrs. 1985-86 and 1986-87 respectively, the Tribunal issued notice under Section 254(2) of the IT Act dt. 30th Aug., 2000 requiring the assessee, M/s. U.P. Forest Corporation, Lucknow and the Revenue to state their … Supreme Court is concerned, it only sought that the issue of Section 11 cannot be raised for the first time before the High Court in its writ petition and in respect of Section 11, no issue has

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May 20 2003

Deputy Commissioner of Income Tax Vs. Sahara India Financial Corpn.

Court : Income Tax Appellate Tribunal ITAT Lucknow

Decided on : May-20-2003

Subject : Direct Taxation

Reported in : (2003)81TTJLuck389

to 1621 of the paper book. The judgment is dt. 12th May, 2000. In the public interest litigation, the allegations of irregularities were made against … In the case of CIT v. Quick Travels (1993) 199 ITR (St) 84, the Hon'ble Supreme Court of India dismissed a SLP by the Department … made deposits of Rs. 20,000 or more. Several notices were issued to the assessee to furnish various other informations. The AO on the basis of examination of the material, completed assessment at Rs. 10,45,77,81,760 vide assessment order … completed assessment at Rs. 10,45,77,81,760 vide assessment order dt. 23rd April, 1999, under Section 144 of the IT Act, 1961. (ix) The assessee challenged treatment given by the AO to the special audit report before the learned

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Jul 29 2004

Shaw Wallace Distilleries Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jul-29-2004

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 … 2,43,80,045 the assessee debited gross royalty of Rs. 84,01,160 as payment to SWC. In response to AO's

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Aug 19 2011

Cit Vs. M/S V.R.V. Breweries and Bottling Industries Ltd.

Court : Delhi

Decided on : Aug-19-2011

Subject : Income Tax

Acts : Income Tax Act, 1961 - Sections 37, 35A, 40A(2)

and clause 9 which, required the assessee to maintain strict confidence in respect of communication, correspondence, records and information, knowledge and documents falling within its domain - that at no stage did SWCL part with any asset … decisive because knowledge by itself may last for a long period even though due to rapid change of technology and huge strides made in the field of science, the knowledge may with passage of time become obsolete;" … Wallace or brands designated by the Shaw Wallace and the UNIT shall act in accordance with the directions of Shaw Wallace in so far as … Officer rejected the alternative claim of the assessee to allow deduction under Section 37 of the Income Tax Act, 1961 (in short „I.T. Act). Furthermore, … the assessee had debited an amount of ` 84,01,160/- as payments towards royalty. The assessee had rendered

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Aug 04 2015

Sony India Pvt. Ltd. Vs. The Commissioner of Trade and Taxes

Court : Delhi

Decided on : Aug-04-2015

Subject : Service Tax

captioned 'Computer Terminals'. The Assessee there sought to rely on the definition of the expression 'computers' in the Information Technology Act, 2000 in support of the plea for an expanded interpretation of the term for the purposes of VAT as … product, the Appellant has raised the question of deemed acceptance of the determination application of the Appellant under Section 84 (5) read with Section 84 (6) of the DVAT Act and Rule 58(5) of the DVAT Rules. 16.

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May 19 2006

Parkar Securities Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : May-19-2006

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 … consisted of purchase and sale of 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 the business activity which consists of … 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 … No. 11 there is net profit of Rs. 84,09,230. It is highly improbable that client may not

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Aug 10 2001

Late Shri Mukund V. Kapadia Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Aug-10-2001

Subject : Direct Taxation

Reported in : (2002)82ITD489(Mum.)

Court and ultimately the police were able to recover a sum of Rs. 1,86,500. The police supplied the information to the ADI, who recorded a statement from the assessee under Section 131 of the Act. In the

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Jan 19 2005

Shri BhavIn J. Vakil Vs. the D.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jan-19-2005

Subject : Direct Taxation

Reported in : (2006)282ITR32(Mum.)

that the action taken by the AO Under Section 147 was unsustainable.The ld. counsel further submitted that full information and all the facts were disclosed by the assessee in the original return of income filed by it … was served on the assessee on 7.7.97, which was after the time limit prescribed in the Income Tax Act. Since there was no valid notice Under Section 143(2), the proceedings initiated Under Section 143(2) were dropped by … facts of the assessee's case. In that case, assessments for the AYs 84-85 to 88-89 were involved and certain receipts were claimed as capital receipts

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