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The Commissioner of Income Tax and Vs. Mc Dowell and Company Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 35D, 37(1), 37(3), 43A, 154, 234(2), 254(2) and 260A; Income Tax Rules - Rule 6D

Reported in : (2008)219CTR(Kar)544; [2009]310ITR215(KAR); [2009]310ITR215(Karn); [2009]177TAXMAN317(Kar); ILR2008(3)Kar3218; 2008(3)KCCRSN216; 2008(4)AIRKarR185(DB)

expenditure relating to share issue expenses has to be disallowed as capital in nature.' (The page number of first citation i.e. : [1997]225ITR798(SC) is incorrectly mentioned in the said paragraph as 225 ITR 728' and therefore the … Therefore the assessee claimed deduction of the entire expenditure on the ground that the same is allowable under Section 37(1) of the IT Act as 'revenue expenditure'. But the Assessing Officer allowed under Section 35D of the IT

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

Court : Income Tax Appellate Tribunal ITAT Lucknow

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 … 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 … branches called for vide notice dt. 8th March ,1999, were running into 37579 pages and 30 volumes and there was no reply to the appellant's

Sanjay Kumar Kedia Vs. Narcotics Control Bureau and anr.

Court : Supreme Court of India

Subject : CriminalNarcotics

Acts : Indian Companies Act, 1956; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 12, 24, 29, 37 and 67; ;Control Substances Act; Information Technology Act - Sections 8 and 79; Narcotic Drugs and Psychotropic Substances Rules, 1987; Indian Penal Code (IPC), 1860 - Sections 116

Reported in : 2008(221)ELT20(SC); (2008)2SCC294; 2007AIRSCW7902; 2008(2)SCC294; (2008)1SCC(Cri)346; 2008(1)Crimes26; 2008(2)KCCR865;

service providers such as the two companies which were intermediaries were protected from prosecution by Section 79 of the Information Technology Act, 2000. An affidavit in reply has also been filed on behalf of the respondent - NCB and a rejoinder … that in the face of overwhelming inculpatory evidence it is not possible to give the finding envisaged under Section 37 of the Act for the grant of bail that there were reasonable grounds for believing that the appellant

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Direct Taxation

Acts : Indian Partnership Act, 1931; Income Tax Act, 1961 - Sections 120, 132, 132(1), 147, 158BB, 158BC, 158BD and 246A; Evidence Act, 1872 - Sections 74 and 75; Constitution of India (15th Amendment) Act, 1963; Code of Civil Procedure (CPC) - Sections 2(17); Parliament Act; Income Tax Act, 1922 - Sections 22(4), 24, 34(1), 37(1), 131(1) and 142(1); Information Technology Act, 2000 - Sections 2(1); Constitution of India (Forty-fourth Amendment) Act, 1978 - Sections 26; Code of Criminal Procedure (CrPC) - Sections 154; Legislative Assembly Rules - Rule 235; Constitution of India (42nd Amendment) Act; Constitution of India - Articles 14, 19(1), 31, 32, 74(2), 105, 148, 149, 150, 151(2), 194, 194(3), 226 and 226(2)

the form of electronic record as defined in Clause (t) of Sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000), to afford the authorised officer the necessary facility to inspect such books of account or … in his possession, has reason to believe that--(a) any person to whom a summons under Sub-section (1) of Section 37 of the Indian Income-tax Act, 1922 (11 of 1922), or under Sub-section (1) of Section 131 of this

Harvest Gold Food (India) Private Limited and ors. Vs. Union of India ...

Court : Rajasthan

Subject : Direct Taxation

Acts : Companies Act, 1956 - Sections 43A(2A); Income Tax Act, 1961 - Sections 131, 131(1), 131(1A), 132, 132(1), 132(4), 132A and 133A; Income Tax Act, 1922 - Sections 22(4), 37(1), 131(1) and 142(1); Information Technology Act, 2000 - Sections 2(1); Foreign Exchange Regulation Act, 1973; Constitution of India - Articles 19(1) and 226; Code of Civil Procedure (CPC) , 1908; Code of Criminal Procedure (CrPC)

Reported in : (2006)202CTR(Raj)231; [2006]282ITR83(Raj); RLW2005(3)Raj1898; 2005(4)WLC21

in the form of electronic record as defined in clause (t) of Sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000) to afford the authorized officer the necessary facility to inspect such books of account or … in his possession, has reason to believe that-(a) any person to whom a summons under Sub-section (1) of Section 37 of the Indian Income tax Act, 1922 911 of 1922), or under Sub-section (1) of Section 131 of

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Direct Taxation

Acts : Indian Partnership Act, 1931; ;Income Tax Act, 1961 - Sections 120, 132, 132(1), 147, 158BB, 158BC, 158BD and 246A; ;Evidence Act, 1872 - Sections 74 and 75; ;Constitution of India (15th Amendment) Act, 1963; ;Code of Civil Procedure (CPC) - Section 2(17); ;Parliament Act; ;Income Tax Act, 1922 - Sections 22(4), 24, 34(1), 37(1), 131(1) and 142(1); ;Information Technology Act, 2000 - Section 2(1); ;Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 26; ;Code of Criminal Procedure (CrPC) - Section 154; ;Legislative Assembly Rules - Rule 235; ;Constitution of India (42nd Amendment) Act; ;Constitution of India - Articles 14, 19(1), 31, 32, 74(2), 105, 148, 149, 150, 151(2), 194, 194(3), 226 and 226(2)

Reported in : (2005)196CTR(Gau)318,[2005]275ITR502(Gauhati)

the form of electronic record as defined in Clause (t) of Sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000), to afford the authorised officer the necessary facility to inspect such books of account or … in his possession, has reason to believe that--(a) any person to whom a summons under Sub-section (1) of Section 37 of the Indian Income-tax Act, 1922 (11 of 1922), or under Sub-section (1) of Section 131 of this

Snc-lavalin/Acres Inc. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2007)110TTJ(Delhi)13

had already actually suffered tax.The decision of Madras High Court relied upon by the assessee for deliberately withholding information has however been given in an entirely different context of facts. In the said case, the assessee did … the services should be technical in nature but should be such as to result in making available the technology to person receiving the technical services in question. The test laid down by the Tribunal is fully satisfied … referred to as RBI) granted permission vide sanction letter dt. 16 Aug., 2000 to open project office at New Delhi and site office at Chamera, … 46 of the PB-I. During financial year 2000-01, 37 Canadian personnel were seconded by the assessee out … and having its registered office at Canada, incorporated under Canada Business Corporation Act, and is liable to tax in Canada. It is a joint venture … India. On application filed by the assessee under Section 6(6) of Foreign Exchange Management Act, 1999 (hereinafter

Varsha Plastics (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)99TTJ(Mum.)487

(iii) creditworthiness of the creditor. A person may have funds from any source and an assessee, on such information received, may take a loan from such a person. It is not the business of the assessee to … of the company--Shri R.P. Goel, appeared before the AO on 28th Feb., 2000, and confirmed the loan transaction. (ii) The learned CIT(A) erred in confirming … (i) The learned CIT(A) erred in confirming the addition of Rs. 12,50,000 under Section 68 of the IT Act as the income of the appellant on account of borrowings made from M/s Fraternity Electronics Ltd. for which … had transactions of 'high seas' sales with M/s FEL amounting to Rs. 37.60 lakhs and these transactions were held to be genuine. It is further

Ms Md Overseas Limited Vs. Director General of Income Tax and Others

Court : Allahabad

Subject : Criminal

Acts : Income Tax Act, 1961 - Section 132(1) clauses (i) to (v), 127, 147; SEZ Act - Section 22; Income Tax Rules, 1962 - Sub-Rule (2) of rule 112; Code of Criminal Procedure (CrPC) , 1973 - section 132(1) or (1A). 165; RTI Act - Section 24; Evidence Act - Section 75, 123, 125; Constitution Of India - Article 21

should this question be resolved? Should the court, Look into the records and decide it alone; or Disclose the information to the aggrieved person and then adjudicate upon it, after hearing the parties? THE FACTS 2. M/s MD … of India had announced a Special Economic Zone (SEZ) Scheme in April, 2000 with a view to provide an internationally competitive environment for exports. The … producing the records. 90. The facts of the Pratap-Singh case were as follows: A search was conducted under section 37 of Foreign exchange Regulation Act, 1973 (FERA). Some documents as well as foreign currency found in the search

Chandraprabha Charitable Trust Vs. State of Kerala

Court : Kerala

Subject : Direct Taxation

Acts : Kerala Agricultural Income Tax Act, 1991 - Sections 35, 35(1), 35(2), 37(5), 39, 39(1), 39(6), 41 and 41(2); Finance Act, 2000; Income Tax Act, 1961

Reported in : (2007)209CTR(Ker)432; [2007]292ITR122(Ker)

a return filed under Section 35(1) of the Act. This position is made very clear by the Finance Act, 2000 by adding Explanation to Section 39(6). Explanation was made effective from 11th April, 1991. Explanation and the time-limit … be liable to pay interest as provided under Sub-section (4) and penalty as provided under Sub-section (5) of Section 37 on the balance of tax payable in accordance with the order of the IT authority on the expiry