Court : Delhi
..... of limitation prescribed by any special or local law unless such applicability is expressly excluded. it is not disputed that the applicability of the limitation act section 5 has not been excluded by section 256 of the income tax act. this controversy stands resolved by the supreme court in mukri gopalan v. cheppilat puthanpurayil aboobacker,: air1995sc2272 . their lordships have held (headnote) :"section 29(2 ..... other hand positive statement was fao2632008 page 16 of 26 made by the petitioner that his father left his own property in peshawar and in lieu thereof he was allotted agricultural land in village mandoli, delhi. there is no cross examination on this point. rather it is admitted by all the respondents that the properties were allotted in the name of .....
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..... of notice as elucidated in r.k. upadhyaya (supra), which had pointed out the dissimilarities between sections 147 to 149 of the act, i.e., income tax act, 1961 and similar provisions in the income tax act, 1922 in the following manner:-" 41. the aforesaid observations are significant. in the present case, the tribunal has not held ..... refusal. the test as laid down in malchand surana (supra) and agricultural company rampur (supra) applies. in commissioner of income tax versus vins overseas india ltd., (2008) 305 itr320(del), referring to the presumption under section 27 of the general clauses act, it was held that notice sent by registered post should be presumed ..... tribunal that the notice under section 148 of the act not being addressed to the principal officer but to the company itself was invalid and completely illegal so as to not confer jurisdiction on the assessing officer.10. in agricultural company rampur versus commissioner of income tax, (1974) 93 itr353(delhi), notice was issued .....
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..... by the ld. division bench of delhi high court vide order dated 29th april, 2014 on the ground that the documents which were not exhibited i.e. the wealth tax and income tax returns could not have been considered to hold that the property was an huf property. however, the ld. division bench recorded in paragraph 12 as under: we have ..... 1964 and was completed in april, 1966, the total cost of construction amounted to rs.62,115/- which has been met from loan and advances and savings from agricultural income from ancestral property. total cost of construction is supported by a certificate from government approved valuer and evidence to prove the source of ..... that the appellant was not a coparcener under section 6 of the hindu succession act, 1956 (hereinafter, hsa ) as the amendment came into effect only in 2005. analysis and findings 8. at the outset, it needs to be recorded that the documents from the income tax department are in fact original documents which may have not been pointed out to .....
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..... the present writ petition has prayed for setting aside and quashing re-assessment proceedings initiated vide notice dated 28th march, 2017 under section 148 of the income tax act, 1961 (act, for short) for assessment year 2010-11.2. the petitioner has also prayed for quashing of the order dated 28th november, 2017, by which ..... p.(c) 11554/2017 date of decision:1. t may, 2018. meadow infradevelopers private limited .petitioner through: mr. saubhagya agarwal and mr. aditya swarup agarwal, advocates. versus income tax officer ........ respondents through: mr. asheesh jain, sr. standing counsel for the revenue. coram: hon'ble mr. justice sanjiv khanna hon'ble mr. justice chander shekhar sanjiv ..... noida. the land was allotted to the assessee company vide allotment letter dated 5592 dated 30.10.2009 for setting up of development of farm house on agricultural land. total premium amount was rs.6,63,40,000/- in additional to that the assessee company was required to pay the lease rent in advance of .....
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..... not being ready and willing as required under section 16(c) of the specific relief act because appellant/plaintiff did not file any bank statement to show that he had with him moneys during the relevant period, appellant/plaintiff did not file any income tax return and nor did the appellant/plaintiff file any other document to show that he ..... dated 24.5.2006 for 1/5th undivided share for land of the rfa no.349/2018 page 1 of 7 respondent/defendant being 1/5th undivided share in the agricultural land measuring 14 bighas and 8 biswas (equal to 2 bighas 17 bishwas and 12 biswansis) bearing mustatil no.85, killa no.2(4-16), 3(4-16 ..... the balance sale consideration of rs.90 lacs. appellant/plaintiff therefore clearly failed to prove his readiness and willingness as required by section 16(c) of the specific relief act and therefore trial court has rightly declined the relief of specific performance. as already stated above, however, the appellant/plaintiff has already been granted a money decree of .....
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..... his hands as explained in m.m. rubber and company (supra).41. in k. joseph jacob versus agricultural income tax officer and another, [1991]. 190 itr464(ker) dealt with section 35(2) of the kerala agricultural income tax act, 1950, which had stipulated that no order of assessment, etc. shall be made after expiry of five ..... years at the end of the year in which the agricultural income was first assessable. it was observed that communication was made on the ..... placed on state of punjab versus shreyans industries ltd., (2016) 4 scc769 kumar jagdish chandra sinha versus commissioner of income tax, west bengal, air1996sc1895 state of punjab versus khemi ram, air1970sc214 k. joseph jacob versus agricultural income tax officer, [1991]. 190 itr464(ker); qualimax electronics versus union of india, (2010) 27 stt231(delhi high .....
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..... nature of holding. moreover, the issue of transfer of lease rights (in the case of lease for 99 years, relating to agricultural land) was considered in r.k. palshikar (huf) v. commissioner of income tax, air1988sc1305 the court observed as follows: the next question which we have to consider is whether the provisions of section 12-b ..... - a hindu undivided family (huf), questions an order of the income tax appellate tribunal (itat) which allowed the revenue s appeal.2. the facts of the case are that the assessing officer (ao) added 40,40,000/- under section 50c of the income-tax act, 1961 [hereafter the act for short].. the assessee had for the relevant assessment year (ay ..... ) filed its return declaring an income of 9,35,010/- including long term capital gain of 7,57,435/-. later, a notice under .....
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..... greater noida industrial development authority,(supra) after extensively referring to the statutory mandate and object for which the petitioner authority has been established and also the provisions of the act i.e. the income tax act, had observed that the petitioner was to provide amenities and facilities in industrial estate and in industrial area in the form of road, electricity, sewage etc. we have ..... the said case, reads as under:-" 10. incomes not included in total income in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included: (1) agricultural income; *********** (20) the income of a local authority which is chargeable under the head income from house property capital gains or income from other sources or from a trade .....
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..... assessing officer, the assistant commissioner of income tax, circle-28 w.p.(c) 10870/2017 page 1 of 19 (1) new delhi, ..... of m/s sky light hospitality private limited upon conversion under the limited liability partnership act, 2008, has filed the present writ petition impugning notice dated 30.03.2017 for the assessment year 2010-11 under sectionof the income tax act, 1961 ( act for short).2.... petitioner also impugns the order dated 09.11.2017 passed by the ..... before the purchase of land, for which agreements were signed later. further, assessee after purchasing the said land made payment to convert the land from agricultural use to non- agricultural use. also, the collaboration agreement entered with the dlf (from which it had taken loan to buy the land) was done in a short time .....
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..... this regard is as follows: (iii) the ao has ignored the provisions of law pertaining to the assessability of the agricultural lands at satbari and jaunapur which according to provisions of section 2(ea) of the wealth tax act are not taxable as these come under the exception clause of section 2(ea) which reads as under: section 2 ..... the land situated at satbari, tehsil mehrauli, delhi?. in wta82008 (1) whether, in the facts and circumstances of the case, the income tax appellate tribunal was correct in law in holding that the commissioner of wealth tax (appeals) erred in wta52008, 6/2008, 7/2008 & 8/2008 page 2 of 7 giving a finding that these assets were ..... two immovable properties ]..3. the appellants/assessees were aggrieved and appealed to the cwt. the cwt by order dated 12.11.1997 rejected the assessees contentions. the income tax appellate tribunal (itat) accepted the assessees plea with respect to the tentative nature of the valuation applied, on the basis of the dvo s report. the itat .....
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