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Assistant Commissioner of Income Vs. Yokogawa India Ltd.

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2007)111TTJ(Bang.)548

its inception, Section 10A excluded certain incomes from being charged to tax. Section 10A was substituted by Finance Act, 2000 w.e.f. 1st April, 2001. In the substituted section, a deduction of the profits derived by the undertaking from … deduction under Section 10A(1) is to be allowed. (a) Income enumerated in Chapter III are not only to be excluded from the total income at … submissions. It was submitted that the company operates the following 3 divisions: 7. The software service division is registered as a Software Technology Park Unit … and depreciation of the non-l0A unit. (ii) The CIT(A) ought to have noted that under Section 10(1) of the IT Act, 1961, the deduction in respect of profits and gains derived by an undertaking from the export of articles

Subhash Chand Chopra Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)92TTJ(Delhi)1087

AO and the material pointed out by parties in their paper books.6. Chapter XIV-B starts with s, 158B and provides the definition of "block period" … amount is unexplained investment for the asst. yr. 1988-89. Asst. yr. 1989-90 7. That the learned AO erred in estimating an additional income of Rs. … yrs. 1986-87 to 1996-97 upto the period 13th Oct., 1995, passed under Section 143(3) r/w Section 158BC of the IT Act.2. Since large number of issues are involved in this appeal, therefore, it is necessary to reproduce all the … banks only, namely, Vijaya Bank and Bank of Baroda. According to the enquiries, for the draft Nos. 0005745, 20005754 which were purchased by the assessee from Bank of India and draft Nos. 0005690 to 0005704 which were

S.S. Gems International Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

and adopting the estimation thereof for assessing the undisclosed income was beyond the scope of Chapter XIV-B of the IT Act. The AO is also not found to have rejected the books of account maintained by the assessee, and, … decision of Rajasthan High Court in the case of CIT v. Pratap Singh and Ors. (1993) 200 ITR 788 (Raj). The assessee was duly confronted with the report of the DVO and the assessee has filed objection

Rajesh Vs. State of Kerala

Court : Kerala

Subject : Land Acquisition

having jurisdiction over the entire State of Kerala, constituted to investigate any offence committed under the Information Technology Act, 2000 have power or authority to file final report charging offences under the India Penal Code or under any … would have power to enquire into or try under the provisions of Chapter XIII. According to Section 177 of the Cr.PC, every offence ordinarily be … and the Crime No.399/2009 of the Vanchiyoor Police Station registered for the offence punishable under Section 66 of the IT Act and Section 420, 379 r/w.Section 34 of the Indian Penal Code. These two crimes were registered alleging the … COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 7TH DAY OF AUGUST 2013 16TH SRAVANA, 1935 Crl.Rev.Pet.No. 10 of 2013 ()

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

Court : Supreme Court of India

Subject : Right to Information

measures. CIDR being a computer resource is notified to be a “Protected System” under Section 70 of the IT Act, 2000 by the Central Government on 11.12.2015. Anyone trying to unlawfully gain access into this system is liable to … there are directions prohibiting manipulation and fraudulent practices but the Act contains penal provisions for such violations in Chapter VII of the Regulations. The enrolment agencies are empanelled by the Authority. They are given an enrolling agency … in K.S. Puttaswamy) was relied upon. With respect to how 60 (2010) 7 SCC26361 (1964) 1 SCR332Writ Petition (Civil) No.494 of 2012 & c onnected

Commissioner of Income Tax Vs. Concord Pharmaceuticals

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 3, 4, 37(4), 90, 90(2), 119, 253(2), 260A, 263, 268A, 268A(1), 268A(4), 268A(5) and 275(1); Finance Act, 2008; Kerala General Sales Tax Act, 1963 - Sections 3(1A) and 60; Income Tax Rules - Rule 47; Income Tax Appellate Tribunal Rules, 1963 - Rules 6 to 15

Reported in : (2008)220CTR(Guj)117; [2009]317ITR395(Guj)

appeal under IT Act, 1961. It is also contended that the CBDT Instruction No. 1985, dt. 29th June, 2000 clarifies the Instruction No. 1979/F. No. 279/126/1998-ITJ, dt. 27th March, 2000 and explains that the monetary limit in … Andolan and Anr. : [2003]263ITR707(SC) , it is held that Circular No. 789, dt. 13th April, 2000 [(2000) 160 CTR 5], issued by the CBDT … Puj, J.1. The Revenue has filed tax appeals Nos. 1402 to 1405 of 2007 under Section 260A of the IT Act 1961 for asst. yrs. 1995-96 and 1996-97 proposing to formulate the following substantial question of law for determination … of appeal/application for reference by any IT authorities under the provisions of Chapter-XX of the Act. It is, therefore, urged that the Tribunal has rightly

Morarjee Goculdas Spg. and Wvg. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)98TTJ(Mum.)201

made and material gathered that has been relied upon by the learned AO was beyond the scope of Chapter XIV-B. For the purpose of applying the provisions of Chapter XIV-B, there should have been positive material found … of the learned Dy. CIT, Special Range-34, Mumbai, in the case of the assessee under Section 158BC of the IT Act, 1961, for the block period from asst. yrs. 1987-88 to 1996-97 and for the incomplete asst. yr. 1997-98 … having office at 1171, Thottipalayam, Pirivu, R.K. Pudur, Coimbatore, vide invoice No. 7115, dt. 25th Feb., 1995 and to have leased these cylinders to M/s

Narendra Kumar JaIn Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

certain facts relating to the proceedings in this appeal, which are as follows.5. Vide order dt. 17th April, 2000, the Bench was of the opinion that a remand report may be called from the AO and for … and the block assessment order made by invoking the provisions contained in Chapter XIV-B is liable to be declared as null and void." 5. Because … an imperative requirement of law. Since in the present case, no notice was issued under Section 143(2) of the. IT Act, the assessment order does not have the legal legs to stand. The same, therefore, deserves to be quashed … case of: 1. Microland Ltd. v. Asstt. CIT (1999) 63 TTJ (Bang) 701 : (1999) 67 ITD 446 (Bang); 2. Verma Roadways v. Asstt. CTT

Assistant Commissioner of Income Vs. Tea Agency Trading Centre

Court : Income Tax Appellate Tribunal ITAT Guwahati

Subject : Direct Taxation

Reported in : (2004)88ITD96(Gau.)

or generation and distribution of power only. Further, Section 45(1A) was inserted in the Act w.e.f. 1st April, 2000, and the same was not applicable in the year under consideration. Hence, following the decision of the Hon'ble … of the provisions of Section 43(6)(c) r/w Expln. 4 in the same Chapter of the Act for arriving WDV of such assets which in this … pay capital gains tax.Now, the issue remains as to whether the assessee's case falls under Section 43 of the IT Act. The Taxation Laws (Amendment and Miscellaneous Provisions) Act, 1986, has introduced w.e.f. 1st April, 1988, a new scheme … allowed Rs. 2,27,590. Thus, he found that out of Rs. 17,72,807, Rs. 7,73,099 (Rs. 2,82,793 + Rs. 2,805 + Rs. 2,59,911 + Rs. 2,27,590) was

Abn Amro Bank Nv Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2006)280ITR117(Kol.)

As regards the second part, the contention of the assessee is that the provisions of Section 40(a)(i) of the IT Act, 1961, are not attracted as by virtue of Article 7 such interest paid by the PE to head … conditions of Section 40(a)(i) being met, the assessee having not deducted tax at source under Section 195, under Chapter XVII-B on payments of interest to non-resident, the assessee's claim for deduction of said payment of interest as