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Sri. P. Padmanabh S/O Papanna @ Dasegowda Vs. Syndicate Bank Limited, ...

Court : Karnataka

Subject : Civil

Acts : Small Causes Court Act - Sections 18; Bankers Books of Evidence Act, 1891 - Sections 4; Evidence Act, 1872 - Sections 65B and 65B(4); Information Technology Act, 2000 - Sections 92

Reported in : AIR2008Kant42; III(2008)BC125; 2008(1)KarLJ153; 2008(1)KCCR466; 2008(2)AIRKarR19; 2008AIHC1609(Kar).

Evidence Act, an amendment carried out to the Evidence Act as a sequel to the enacting of the Information Technology Act 2000 and Section 92 of the Act; but nevertheless, the suit having been rightly decreed there is no need

Abn Amro Bank Nv Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)96TTJ(Kol.)1041

under this Act and under the corresponding law in force in that country, or (c) for exchange of information for the prevention of evasion or avoidance of income-tax chargeable under this Act or under the corresponding law … pointed out that the said letter has been modified by the Board vide subsequent letter dt. 24th March, 2000. It has been clarified therein that action could be taken by the AO for application of higher rate … also claimed as a deduction in the respective assessment years. Interest under Section 201(1A) for delayed payment of TDS paid in 1995-96 is subject-matter of … yr. Asst. yr. Asst. yr. Asst yr. Asst. yr. Total 90-91 91-92 92-93 93-94 94-95 95-96Tax (As TDS 3,61,635 10,54,924 29,86,963 49,44,312 35,86,312 36,15,895 1,65,50,510Int.

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Subject : Right to Information

Prior to the enactment of the Aadhaar Act, the Aadhaar project was governed by the provisions of the Information Technology Act, 2000. Section 72A of the Information Technology Act, 2000 provides for punishment for disclosure of information in breach of law … 3 Lon L. Fuller and Kenneth I. Winston, The Forms and Limits of Adjudication, Harvard Law Review, Vol. 92, (1978), at pages 353-409 8 PART A7The Constitution of India incorporated a charter of human freedoms in Part

A.P.L. (India) Pvt. Ltd. Vs. the D.C.i.T., Range 8(1)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2005)97TTJ(Mum.)187

2. This is assessee's appeal arises from the order dated 28.3.2003 of CIT(A)-VIII, Mumbai. The first issue pertains to confirmation by the ld. CIT(A) of an addition of Rs. 50,60,127/- made by the AO … case of the assessee on 6.11.99 which resulted into issue of notice Under Section 158-BC of the IT Act, in response to which return of income for the block period was filed on 4.7.2000 declaring NIL undisclosed … vide their orders as under: i. Order dated 19.12.2001 in ITA No. 9205/Bom/91 (AY 88-89) and ITA No. 8826/Bom/92 (89-90) 7. The ld. counsel for

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

Court : Delhi

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,

M.B. Stock Holding (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2003)84ITD542(Ahd.)

Sr. No. 2 is relating to the confirmation letter in respect of cash credits. The CIT(A), in the first round had recorded a finding of fact that the assessee has not been given sufficient opportunity to produce … the year under appeal.3. Besides, a sum of Rs. 47,01,000 was added under Section 68 of the IT Act on account of unproved cash credits. The AO also disallowed a sum of Rs. 2,08,617 on account of

Wall Street Construction Ltd. and Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)101ITD156(Mum.)

this accounting mandate is further fortified by AS-16 issued in the year 2000, He invited our attention to the following definitions contained at para 3 … this case, we are concerned with payment of Rs. 55 being interest of five years paid in the first year. The total amount involved is Rs. 2,72,25,000. The term 'interest' has been defined under Section 2(28A) of … profits shown in a case where no borrowed funds have been raised vis-a-vis a case where the construction activity has been carried out with the help of interest-bearing borrowed funds. It is pointed out that in the … Construction Ltd. (supra) for asst. yr. 1993-94, which is reproduced below:----------------------------------------------------------------------------- 91-92 92-93 93-94 94-95 95-96 96-97-----------------------------------------------------------------------------BorivliN. Manor Nil 43,999 1,28,077 22,93,887 53,46,993 10,73,288-----------------------------------------------------------------------------PuneN. Hill

Assistant Commissioner of Income Vs. Shubham Construction

Court : Income Tax Appellate Tribunal ITAT Nagpur

Subject : Direct Taxation

case held that if the assessee had made unrecorded purchases of Rs. 1,92,017 then the same should be first included in the total purchases for arriving at the correct profit and then only the separate addition of … before us is for making an addition of unexplained investment in purchases under Section 69 of the IT Act. In the case of Nishant Housing Development (P) Ltd. (supra) relied upon by the authorised representative the issue

Additional Commissioner of Vs. Nestle India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)94TTJ(Delhi)53

claim of deduction in detail. He addressed a letter dt. 7th June, 1999, to the assessee-company seeking further information specified therein. Thereafter, the learned AO issued detailed questionnaires and made several requisitions as per order-sheet entry dt. … not all the products of Nestle Group. The assessee-company paid for tested technology. The technology being received by the assessee-company was proprietary and in terms … No. 4545/Del/2000 is the appeal filed by the Revenue on 20th Nov., 2000, against the order of the CIT(A)-XXI, New Delhi, dt.31st Aug., 2000, in … assessee-company were not hit by the provisions of Section 40A{2) of the IT Act, 1961. The powers under Section 92 could be applied-only if the Department had evidence or material to the effect that payments made to a

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, … to M/s WIPL was not made at arms length price resulting into evasion of tax as envisaged in Section 92. Section 92 of the IT Act, as it stood at the relevant point of time when the shares … 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