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Aug 05 2008

Commissioner of Income Tax Vs. Concord Pharmaceuticals

Court : Gujarat

Decided on : Aug-05-2008

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)

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 … the status of residence as well as beneficial ownership of shares, is a circular within the meaning of Section 90, and, therefore, it must have the legal consequences contemplated by Section 90(2). In other words, the circular will … 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

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Jul 11 2008

Star Trading Vs. Commissioner of Income Tax

Court : Kerala

Decided on : Jul-11-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 245(4), 245C, 245D, 245D(1), 245D(4), 245F(2) and 251; Finance (No. 2) Act, 1998 - Sections 90, 90(1), 90(2), 90(4), 95 and 95(1)

Reported in : (2008)220CTR(Ker)511

is later that the CIT by Ext. P2 order dt. 30th Oct., 2000, cancelled the same for reasons stated in the order, which is impugned … P.R. Raman, J.1. Petitioner is an assessee under the IT Act. It is a wholesale dealer of wheat products. For the asst. yrs. 1988-89 to 1989-90 the petitioner was … namely, CIT. The designated authority, after processing the application, passed Ext. P1 order dt. 26th Feb., 1999 under Section 90(1) of the Finance (No. 2) Act, 1998 determining the amount payable by the declarant towards the full and

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Nov 14 2002

Babros Machinery Mfrs. (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Nov-14-2002

Subject : Direct Taxation

Reported in : (2003)84ITD91(Ahd.)

also find that the Hon'ble Supreme Court in the case of CST v. H.M. Esufali H.M. Abdulali (1973) 90 ITR 271 (SC), has held that estimate can be made on the basis of certain transactions detected during … passed by the AO who is Dy. CIT(A) Special Range-2, Ahmedabad, under Section 158BD r/w Section 158BC(c) of the IT Act, 1961 for the Block Period asst. yrs. 1986-87 to 1995-96 and 1st April, 1995 to 8th Sept., 1995.2.

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Jun 21 2005

Wipro Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Decided on : Jun-21-2005

Subject : Direct Taxation

Reported in : (2005)96TTJ(Bang.)211

that part of the income which may be taxed in the United States.Sri K.R. Pradeep also relied on Section 90 which is extracted hereunder : (1) The Central Government may enter into an agreement with the Government of … filed along with the return, it is seen that the assessee-company has claimed exemption under Section 10A of the IT Act in respect of income from Software Technology Parks (STPs), Electronic Hardware Technology Parks (EHTPs), etc. to the extent … 111, Mount Road, 98/2761 Guindy, Chennai-600Pune Wipro Ltd., CTS, 685/2B STP/P/VIII(A) 10-3-2000 2000-01 2000-01Gurgaon Wipro Ltd., Flat No.201, PCMG/PSE/5 19-3-2000 2000-01 2000-01Mysore -- -- --

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Feb 13 2004

Assistant Commissioner of Income Vs. Fertilizer Traders [Alongwith

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Feb-13-2004

Subject : Direct Taxation

Reported in : (2004)83TTJ(All.)473

CIT(A) has erred in law and on facts in upholding the validity of the order dt. 4th Oct., 2000 that had been passed earlier by the Dy. CIT, Central Circle, Gorakhpur under Section 154 r/w Section 158BC, … are directed against different orders of the CIT(A)-I, Kanpur dt. 14th Aug., 2002 passed under Section 158BC/154 of the IT Act, 1961.3. In both the cases of the assessees, undisclosed income was computed and thereafter it was bifurcated in … In reply he added that he has never deposited Rs. 1,01,000, Rs. 90,200 and Rs. 93,000 and claimed that these entries are wrong because he

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Aug 31 2005

Deputy Commissioner of Income Tax Vs. Royal Jordanians Airlines

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-31-2005

Subject : Direct Taxation

Reported in : (2006)283ITR28(Delhi)

the appellant/respondent Royal Jordanian Airlines (hereinafter referred to as "RJA") is liable to be taxed in India under the IT Act, 1961 in respect of the assessment years in question. The same issue arose in the case of the … 1. These four appeals pertain to asst. yrs. 1995-96, 1994-95, 1996-97 and 2000-2001. Appeal in ITA No. 5252/Del/1998 is Revenue's appeal filed on 3rd Nov., 1998 against the order of the … in the case of the assessee in relation to assessment order under Section 143(3) for asst. yr. 1995-96. Appeal in ITA No. 3805/Del/1999 is the … Jordanian airlines. The learned AR also referred to the provisions of Section 90(2) of the Act and argued that by DTAA an assessee could not

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Feb 27 2006

Uma Polymers (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Decided on : Feb-27-2006

Subject : Direct Taxation

Reported in : (2006)284ITR1(Jodh.)

Nirmala Confirmed copy of account 85 to 86 Lodha showing transaction mostly10. Smt. Sarita Confirmed copy of account 90 to 91 Lodha showing transaction mostly Note : The GIR numbers of various above shareholders also appear at … it was invalid being beyond limitation available to the assessee for filing the return under Section 139(5) of the IT Act, 1961 (hereinafter referred to as 'the Act'). The learned AO processed the original return filed by the assessee

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Sep 22 2006

Assistant Commissioner of Income Vs. Vindhya Telelinks Ltd.

Court : Income Tax Appellate Tribunal ITAT Jabalpur

Decided on : Sep-22-2006

Subject : Direct Taxation

Reported in : (2007)107TTJJab149

IT Appeal No. 112 which is stated to be pending.5. The notice under Section 148 dt. 23rd Oct., 2000 was issued for the reasons that: (1) Original assessment was completed under Section 143(3) on 23rd Nov., 1994 … CIT(A), Jabalpur which was disposed of by him on 7th Feb., 1995. Subsequently order under Section 263 of the IT Act was passed on 25th March, 1998 by the CIT, Jabalpur. Against this order, the Tribunal accepted the appeal … 1,75,44,375 (Rs. 77,97,500 + Rs. 97,46,875) with short levy of tax Rs. 90,79,214.6. The AO, therefore, concluded that the income had been underassessed to the

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May 09 2005

In Re: Abdul Razak A. Meman, in Re:

Court : Authority for Advance Rulings

Decided on : May-09-2005

Subject : Direct Taxation

Reported in : (2005)195CTRAAR534

interest (Article 11) and capital gains (Article 13). We, therefore propose to deal with the first question here.7. Section 90 of the Indian Act empowers the Central Government to enter into an agreement with the Government of any … view of CBDT Circular No. 734, dated 24-1-1996.1. The applicants in these three applications, under Section 245Q(1) of the IT Act, 1961 (for short "the Indian Act"), are citizens of India.They are non-resident individuals. Inasmuch as the facts and … been working with Abu Dhabi Islamic Bank from August, 1999 (asst. yr, 2000-01). He claims to be a resident of UAE and a non-resident in

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Jun 30 2006

Assistant Commissioner of Income Vs. Jaipur Stock Exchange

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Jun-30-2006

Subject : Direct Taxation

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

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

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