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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)

1. In this appeal, filed under Section 260A of the Income Tax Act, 1961 ('the IT Act' for short), the Revenue has challenged the correctness of the order dated 23.10.2002 passed under Section 234(2) of … 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

which is available at p. 1595 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 Sahara groups of companies also. Although … the material, 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;

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)

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

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)

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

the Reserve Bank of India (hereinafter 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, Distt. Chamba (Himachal Pradesh), to execute … at pp. 44 to 46 of the PB-I. During financial year 2000-01, 37 Canadian personnel were seconded by the assessee out of which 11 personnel … wholly owned subsidiary of the principal holding company SNC Lavalin Group Inc. The status of the appellant under the IT Act, 1961 is that of a non-resident. The appellant company together with JP Industries Ltd. was awarded a contract … from Reserve Bank of India. On application filed by the assessee under Section 6(6) of Foreign Exchange Management Act, 1999 (hereinafter referred to as FEMA),

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

the GIR number and the ex-director 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 the addition of Rs. 7,50,000 from … under : (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

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 … this stage of the case is, if a search under section 132 of the Income Tax Act, 1961 (the IT Act) is challenged on the ground that information leading to reasons to believe for authorising search was irrelevant then

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 … return.Provided that in the case of assessment of agricultural income derived from manufactured tea, if the assessment under the IT Act, 1961 (Central Act 43 of 1961), is not completed when the Agrl. ITO proceeds to complete the assessment,