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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

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)

the assesses to repay the loan in terms of rupees went up. By referring to the provisions of Section 43A of the IT Act the assessee enhanced the figure of return down value of the assets and claimed … 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

Scoop Industries (P) Ltd. and ors. Vs. Income Tax Officer and ors.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 29 to 43A, 80A(1) , 80E, 80HH, 80IA, 143(3) and 253; Finance Act, 2001

Reported in : (2007)207CTR(Bom)599; [2007]289ITR195(Bom)

12,72,571:-The returns for the impugned assessment year was filed on 9th Nov., 2000 and the income was shown at nil. The appellant in its return … a newly established undertaking, therefore, have got to be computed as per the provisions of Section 29 to Section 43A and if the assessee claims relief under Chapter VI-A of the Act, then it is not open to … this common judgment and order.3. To understand the controversy, we are giving the brief factual background in the first appeal and even in the other tax appeals facts are identical excepting the amounts involved and the dates.

Deputy Commissioner of Income Tax Vs. I.C.i (India) Ltd.

Court : Income Tax Appellate Tribunal ITAT West Bengal

Subject : Direct Taxation

Reported in : (2004)268ITR129Cal

asst. yr. 1991-92 and the Tribunal by its order dt. 28th Nov., 2000, dismissed the Revenue's appeal and confirmed the order of the learned CIT(A) … in the case of the present assessee, the earlier decision is more appropriate and preferable.8. The provisions of Section 43A as it exist during the year, do not insist on actual payment but the liability due to increase … the facts of the present case it is seen that the method of accounting adopted by the assessee right from asst. yr. 1982-83 is mercantile system and it has been consistently claiming the losses suffered by it … course of hearing of the appeal, the learned Departmental Representative justified the action of the AO. However, the learned authorised representative of the assessee submitted

Elecon Engg. Co. Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2003)81TTJ(Ahd.)809

asst. yr. 1991-92, For the sake of convenience, these are being decided together by this single order.2. We first take up the appeal filed by the assessee. The learned authorised representative submitted a chart of grounds of … Tribunal in the assessee's case for asst. yr. 1986-87 vide para 17.3 has held as under : "17.3 Section 43A(1) opens with a non obstante clause, namely, notwithstanding anything contained in any other provision of this Act", therefore,

Fasto Controls Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

The AO after issue of notice of hearing completed the assessment under Section 143(3), after obtaining lot of information from the assessee. In this connection the observations of the AO in the assessment order are relevant and, … is directed against the order of the CIT(A), Bangalore, dt. 20th Oct., 2000, on several grounds pertaining to the main issue of holding the entire … 484). He has also pointed out para 20 of the decision of the Delhi Bench- According to him Section 43A squarely applies to the facts of the case in making adjustment of the fluctuation in the rates of … of the assessee that no such condition has been prescribed in the Act for allowance of the fluctuation loss and that Section 37(1) of the

Commissioner of Income Tax Vs. Wipro Finance Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 36(1), 36(2), 43A, 113, 132, 132A, 143, 143(1), 143(2), 143(3), 147, 158BA, 158BA(2), 158BB and 158BC

Reported in : (2008)218CTR(Kar)105; [2009]176TAXMAN233(Kar)

of the assesses, the AO passed the assessment order dt. 16th March, 2000 determining the taxable income at Rs. 17,31,20,662 as against the loss of … above concurrent findings of the assessing authority and the CIT(A) and the view taken by the Tribunal that Section 43A of the Act is not applicable to this issue is quite contrary to the very case of the … extent of Rs. 3,56,57,727. Therefore, aggrieved by the said order, the Revenue has filed the present appeal.4. The first substantial question of law as formulated above is common in both these appeals. It pertains to the disallowance

Mandhana Exports (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

have been furnished. Therefore, whenever the assessee did not want to claim the depreciation, they were not furnishing the information as required by Section 34. The Hon'ble apex Court has also accepted the above position and held that … be computed in accordance with the provisions contained in Sections 30 to 43A. The argument that since Section 32 provides for depreciation it has to … deciding the allowability of depreciation and in view of the matter, the omission of Section 34 from the Act shall not alter the position of not claiming of depreciation; 5. erred in holding that in order to

integrated Container Feeder Vs. Jcit, (intl. Tax._4)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2005)278ITR182(Mum.)

be disturbed in the light of Circular No. 789 dated 13th April 2000 issued by CBDT and the decision of the Hon'ble Supreme Court in … to the contrary contained in Sections 28 to 43A, in the case of an assessee, being a … said notice required the assessee to substantiate the existence of 'Effective Management' in Mauritius. The Assessing Officer also informed the assessee that in case the assessee is unable to prove the existence of 'Effective Management' in Mauritius … in Article 5(5) of the DTAA. He further erred in law in not considering the fact that the activities of the agents were not exclusively or almost exclusively for the Appellant, and erred in holding that they … CIT(A) has legally erred in computing the profits of the Appellant under Section 44B of the Income-tax Act, 1961 ('IT Act'). b) Without prejudice to

In Re: Timken India Ltd.

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2005)193CTRAAR610

such royalty as consists of lump sum consideration for the transfer outside India of, or the imparting of information outside India in respect of any data, documentation, drawing or specification relating to any patent, invention, model, design, … it is noted that the parties entered into collaboration agreement pursuant to which there was transfer of a technology from Timken-USA to the applicant on a continuing basis with regular monitoring. By the agreement in question Timken-USA … manufacture and sale of bearings and other ancillary products. On 2nd Aug., 2000, the applicant entered into an agreement with Timken-USA, pursuant to which the … provisions of the Act like Sections 28 to 43A, not being taken away, we have to uphold … For Appellant/Petitioner/Plaintiff: Rahul Krishna Mitra and Parikshit Datta, Advs.Income Tax Act, 1961 - Sections 9(1), 28 to 44C, 44D, 115A, 195, 195(1) and … and Parikshit Datta, Advs.Income Tax Act, 1961 - Sections 9(1), 28 to 44C, 44D, 115A, 195, 195(1)