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Schenectady Beck India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2005)92TTJ(Mum.)872

1. These two appeals are directed against the orders of the CIT, City-IV, Mumbai, under Section 263 of the IT Act and the main common ground raised reads as under: "The learned CIT made a grievous error by assumption

Housing and Urban Development Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)102TTJ(Delhi)936

1991, the Act was reintroduced w.e.f. 1st Oct., 1991. Again the same has been withdrawn by the Finance Act, 2000 w.e.f. 1st April, 2001. Issue under reference however relates to the Act as applicable between the period 1st … 1. By the powers vested under Section 255(3) of the IT Act, 1961, the Hon'ble President, Tribunal, constituted Special Bench for answering the agreed question as under: Whether, on facts … under Section 2(7) of the Act would reveal that it excludes two items, namely, interest as referred under Section 42(1B) of the Reserve Bank of India Act (RBI Act), 1934, and (ii) discount on treasury bill, from the

Manoj Oswal Vs. the State of Maharashtra, Through Sr.P.i and Another

Court : Mumbai

Subject : Right to Information

alleging offences punishable under Section 500 of the Indian Penal Code and Section 66A of the Information Technology Act, 2000. 4 The complaint alleges that one Prataprao Govindrao Pawar is Chairman of M/s Sakal Papers Private Limited. This … its heavy toll on society and humanity as a whole, may be the inevitable evil consequences, whereof. …....” 42 In view of the above discussion, the Writ Petition fails. Rule is discharged. 43 At this stage, a

Assistant Commissioner of Income Vs. Jaipur Stock Exchange

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Reported in : (2007)108TTJ(JP.)393

in B-14 discretionary powers to estab- to 21, 32, 33, 38 and 42 are lish institutions, funds or given in Annex. A to the order … learned CIT(A) has erred in holding the assessee company as a charitable institution as per Section 2(15) of the IT Act, 1961 and directing the AO to treat the same accordingly.In ground No. 2, the Department is aggrieved that … against two different orders of the learned CIT(A), dt. 14th July, 2003 for the asst. yrs. 1995-96 and 2000-01, respectively.The assessee has filed two cross-objections against these appeals.Since the issues in the appeals of the Department and

Assistant Commissioner of Income Vs. Asian Exim International

Court : Income Tax Appellate Tribunal ITAT Amritsar

Subject : Direct Taxation

Reported in : (2008)113TTJ(Asr.)427

rightly claimed by the assessee. 5. That the assessment was wrongly reopened by AO under Section 147 of the IT Act. 6. That the respondent requests for leave to add or amend any ground of appeal before cross-objection is … (supra) also supports this view. Further, in the case of Srikant G.Shah v. ITO (2007) 110 TTJ (Mumbai) 422 : (2007) 108 ITD 577 (Mumbai), the Tribunal, Bombay Bench has held that in a case where the

Picker India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

filed by the Revenue and both are against the order of the CIT(A)-XXIX, New Delhi dt. 14th July, 2000. There are six grounds in the appeal of the assessee. Grounds 3 to 6 of the assessee's appeal … with certain guidelines. Further, the CIT(A) is directing the AO to apply the provisions of Section 92 of the IT Act and issuing certain directions in this regard. Finally, other two grounds Nos. 1 and 2 are: 1. That … facts. Issue there is whether an addition could be made under Section 42(2) of IT Act, 1922, when the resident company has charged 'no profits'

M/S. Abraham Memorial Educational Trust and Others Vs. C. Suresh Babu

Court : Chennai

Subject : Education

and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 85 of the Information Technology Act, 2000, Section 149 of the Electricity Act, 2003, Section 47 of the Water (Prevention and Control of Pollution) Act, 1974, … to be an inadvertent omission. On the contrary, according to him, the Legislature has consciously omitted the same. 42. But, this contention, in my considered opinion, deserves only to be rejected for more than one reason. First

A.Kamarunnisa Ghori. Vs. the Chairperson Prevention of Money Launderin ...

Court : Chennai

Subject : Criminal

Acts : Prevention of Money Laundering Act, 2002 - Section 5(1)(5), 8(3)(4), 8(6)(8), 71, 26(1), 42; Indian Penal Code(IPC) - Sections 420, 511, 420, 467, 468, 471, 406, 121, 121-A, 489-A, 489-B, 302, 304, 307, 308, 327, 329, 364A, 384 to 389, 392 to 402, 467, 489-A, 489-B, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 467, 471, 472, 473, 475, 476, 481, 482, 483, 484, 485, 486, 487, 488; Prize Chits and Money Circulation Scheme (Banning) Act, 1978 - Sections 4, 5; Code of Criminal Procedure(CrPC) - Section 173; Narcotic Drugs and Psychotropic Substances(NDPS) Act. - Sections 15 to 24, 25-A, 27-A, 29; Explosive Substances Act, 1908 - Sections 3 to 5; Arms Act, 1959. ; Wild Life (Protection) Act, 1972 ; Immoral Traffic (Prevention) Act, 1956 ; Prevention of Corruption Act, 1988 ; Explosives Act, 1884; Antiquities and Arts Treasures Act, 1972 ; Securities and Exchange Board of India Act, 1992 ; Customs Act, 1962 ; Bonded Labour System (Abolition) Act, 1976 ; Child Labour (Prohibition and Regulation) Act, 1986 ; Transplantation of Human Organs Act, 1994 ; Emigration Act, 1983 ; Passports Act, 1967 ; Foreigners Act, 1946 ; Copyright Act, 1957 ; Trade Marks Act, 1999 ; Information Technology Act, 2000 ; Biological Diversity Act, 2002 ; Protection of Plant Varieties and Farmers' Rights Act, 2001 ; Environment Protection Act, 1986 ; Water (Prevention and Control of Pollution) Act, 1974 ; Air (Prevention and Control of Pollution) Act, 1981 ; Constitution of India - Articles 226, 300-A

fact that the order of the Appellate Tribunal is ultimately subject to an appeal to this Court under Section 42 of the Act. By the time the petitioners go before the Appellate Authority and thereafter come up before … under the Transplantation of Human Organs Act, 1994Paragraph-13Offences under the Juvenile Justice (Care and Protection of Children) Act, 2000Paragraph-14Offences under the Emigration Act, 1983Paragraph-15Offences under the Passports Act, 1967Paragraph-16Offences under the Foreigners Act, 1946Paragraph-17Offences under the Copyright

Diebold Systems (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2006)104TTJ(Chennai)410

sales commission of Rs. 41,64,000. The payment of commission works out to 42 per cent in the case of Silver Line Appliances (P) Ltd., and … and, therefore, not adjudicated.2. The next ground is with regard to allowability of deduction under Section 80-IA of the IT Act. This issue came up for consideration before this Tribunal for the asst. yr. 1996-97 in ITA No. 1313/Mds/2002 … advance copies of software were installed at customer bank site and sales invoice was raised for the year 2000-01. Provision for the purchase of software was made on the basis of "indication available". The difference between the

Commissioner of Income Tax Vs. Catholic Syrian Bank Ltd. and ors.

Court : Kerala

Subject : Direct Taxation

Acts : Reserve Bank of India Act, 1934 - Sections 42(1), 42(1A), 42(2), 42(3A), 42(5), 42(7), 58B and 58D; Banking Regulation Act, 1949 - Sections 24(1), 24(2A), 24(7) and 24(8); ;Income-tax Act, 1961 - Sections 37(1)

Reported in : (2003)183CTR(Ker)1; [2004]265ITR177(Ker)

is penal in character and consequently for infraction of law the same cannot be allowed as a deduction.6. Section 42 of the RBI Act, 1934, provides for cash reserves of scheduled banks to be kept with the RBI. … consider the real issue involved in these cases it is necessary to refer to the relevant provisions of the IT Act as well as the relevant provisions of the Banking Regulation Act and the RBI Act under which the