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Market Committee and ors. Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)692

..... section 28 and are as under : (1) all moneys received by a committee shall be paid into a fund to be called the market committee fund and all expenditure incurred by the committee under or for the purposes of this act shall be defrayed out of such fund, and any surplus remaining after such expenditure has been met shall be invested in such manner as may be prescribed. ..... supra), their lordships of the supreme court were considering claim of bharat diamond bourse to be a "charitable institution" in the light of definition of "charitable purpose" as per sub-section 2(15) of the act.after considering above provision and sections 11, 12, and 13 of it act and certain case law, their lordships observed as under: "the decision of the constitutional bench of this court in addl. ..... (1965) 55 itr 722 (sc), the supreme court said in surat art silk's case (supra) that if the primary purpose is advancement of objects for general public utility, the institution would remain charitable, even if an incidental non-charitable object for achieving that purpose was contemplated. ..... revenue authorities, while processing returns of income of these assessees, to examine the claim of the assessees under sections 11 to 13 of it act and give such status to these institutions as is warranted by the facts of the case. ..... per different orders rejected the claim of above enumerated assessees to be registered under section 12a of it act.different reasons have been given by the learned cits in their separate orders. ..... 1958 .....

Escorts Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)104ITD427(Delhi)

..... had substantial interest in the delhi society as well as chandigarh society and by the allotment of shares a benefit has arisen to a person who has a substantial interest, the cit(a) has made a reference to the provisions of section 2(24)(iv) of the act, which says that "income" would include: the value of any benefit or perquisite, whether convertible into money or not, obtained from a company either by a director or by a person who has a substantial interest in the company, or by ..... tax has been abolished and therefore the transaction in question .cannot be considered taxable under the gt act, 1958 also. ..... into formation of ehirc, chandigarh, in april, 2000, and shri rajan nanda remained president and first member of board of governors of ehirc, chandigarh also. ..... issue of shares also is taxable alternatively under section 2(24)(iv) also remains academic, as the benefit passed on allotment of shares to ..... . the assets taken over would not remain static and, therefore, it was open to the assessee to have charged interest ..... precedents noted above and the factual findings of the cit(a), which remain uncontroverted, this ground of the revenues is dismissed ..... . this leaves us with the remaining grounds in the appeal of the revenue, which we take up in ..... what now therefore remains for consideration is as to the alternate case of the cit(a) that even assuming that the assessee was allotted ..... shri rajan nanda remained chairman, and first ..... appellant-company, then also the position would remain same. .....

Mridu Hari Dalmia Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)7ITD761(Delhi)

..... , have to arrive at its own figure of the standard rent by applying principles laid down in the delhi rent control act, 1958, for determination of standard rent and determine the annual value of the building on the basis of such figure of standard ..... the standard rent has not been fixed by the controller, the landlord cannot reasonably expect to receive from a hypothetical tenant anything more than the standard rent de-terminable under the act and this would be so equally whether the building has been let out to a tenant who has lost his right to apply for fixation of the standard rent or the building is ..... that the word 'reasonably' occurring in section 23(1) is ambiguous and, therefore, the subsequent legislation in the form of clause (b) of section 23(1) substituted by the taxation laws (amendment) act, 1975, with effect from 1-4-1976 making 'the rent received or receivable' as the annual value should be taken as clarificatory, is also not, in our opinion, well-founded. ..... the present cases, the annual value of the building must be held to be limited by the measure of the standard rent determinable on the principles laid down in the delhi rent control act, 1958 and it cannot exceed such measure of standard rent.... (pp. ..... in delhi the delhi rent control act, 1958, extends to the areas included within the limits of the ndmc and urban areas ..... before us that the standard rent of the three flats at 1-tis january marg had been determined under the delhi rent control act, 1958, at rs. .....

Puran Chand Sawhney Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1983)6ITD417(Delhi)

..... separate enjoyment of the existing rights of joint enjoyment and so partition was not covered by expression 'transfer' and acquisition occurring in sub-section (6) of section 14 of the delhi rent control act, 1958.consequently, the parties getting the property by partition could maintain the petition for eviction without waiting for the expiry of five years ..... transfer by the sub-registrar, asaf ali road, new delhi and hence, he did not require the production of an income-tax clearance certificate by sawhneys in terms of section 230a of the act, which he would have demanded if the disclaimer deed would have been found to be a deed of effecting the transfer of immovable property nor did he demand the transfer fee of rs ..... the document were not affected because the document was unstamped or defectively stamped.failure to stamp a document which had got to be stamped under the provisions of the stamp act did not affect the validity of the transaction embodied in the document; it merely rendered the document inadmissible in evidence ..... 30 lakhs as on the date of dissolution shall vest, belong to and remain with carvanserai limited, the first party, subject to the terms and conditions of the lease deed dated 9-3-1923 made ..... . he submitted that the property remained that of its owners and the only deed that thereafter ..... south end road, new delhi and the building thereon, 1.0825 acres with the building thereon became the property of kanhaya lal sawhney (huf) and in respect of the remaining portion, viz. .....

Asstt. Commissioner of Vs. Shri Gian Chand Dhawan

Court : Income Tax Appellate Tribunal ITAT Delhi

..... conclusion that in view of the ratio laid down by the apex court if the standard rent of building which is situated in an area to which delhi rent control act, 1958 applies has not been fixed by the controller under section 9 of the act and the period of limitation prescribed by section 12 for making application for fixation of standard rent having expired and it is no longer competent to the tenant to ..... cit (supra) have further held that even if the standard rent of a building which is situated in an area to which delhi rent control act, 1958 applies has not been fixed by the controller under section 9 of the act and the period of limitation prescribed by section 12 for making application for fixation of standard rent having expired, it is no longer competent to the tenant to have the standard ..... the tribunal has taken a particular view that the annual letting value as defined in section 23(1) should be determined as per the standard rent determinable under the rent control act, we have again re-examined the impugned issue in the light of the judgments referred to by the parties and the rival submissions and we are of the considered opinion that ..... had examined its earlier judgment rendered in the case of divan daulat rai kapoor 122 itr 700 (sc) and held that under the provisions of dmc act, 1957, the criteria for determining the rateable value of building is the normal rent at which such building might reasonably be expected to be let ..... out of this remaining amount, a sum ..... remaining .....

Jhalani Tools (i.) (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1990)34ITD328(Delhi)

..... though that case is under the gift-tax act, the provisions of section 32(2) of the gift-tax act, 1958 are in pan materia with the provisions of section 220(2) of the it act.in that case the gto completed the assessment determining ..... called upon to pay interest by an order passed under section 32(2)of the gt act, 1958 in respect of the unpaid amount of tax. ..... the karnataka high court in the case of m.n.jadhav (supra) had an occasion to consider the provisions of the validation act which are applicable in the instant case as well and came to the conclusion that when the high court restored the order of the ito the original notice of demand issued by the ..... in that case the calcutta high court considered the validation act and held that "the combined effect of the it act, 1961 and the taxation laws (continuation and validation of recovery proceedings) act, 1964 is that in the case of an order of the appellate authority reducing wholly the demand forming the basis of certificate, the certificate proceeding shall be kept in abeyance until such ..... the learned departmental representative submitted that the language of section 3 of the validation act was very clear and 'such government dues' referred only to the dues created ..... it was submitted that while amended section 215(3) of the income-tax act, which also dealt with the interest payable by the assessee for certain advance tax defaults, stipulated that interest under section 215 would be increased or reduced as a result of orders passed .....

income-tax Officer Vs. Intercontinental Hotels

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1983)4ITD334(Delhi)

..... the question that arose before the ito for all these years is whether the assessee-ihc is liable under the income-tax act in respect of the compensation receivable from the constituents, namely, the two companies with whom the assessee entered into membership and service agreements as mentioned above ..... was completed, since the ito raised the issue for the assessment years 1971-72 and 1972-73, he would press that question also apart from contending on the basis of sections 5(2)(b) and 9(1) of the income-tax act, 1961 ('the act'), that the income is liable to be taxed in the hands of the assessee under the indian income-tax ..... it is also brought on record that it has not been registered as a trade name or trade mark under the merchandise and trade marks act, 1958, in india. ..... the ito estimated 20 per cent of the receipt as income liable to be taxed under the income-tax act in the view he took of the agreement itself ..... to the purchase of goods in india for the purpose of export; mr. nagarajan wants us to hold and upset the finding of the commissioner (appeals) that the income of the assessee is liable to be assessed under the income-tax act by virtue of the provisions of section 9 ..... (2) subject to the provisions of this act, the total income of any previous year of a person who is a non-resident includes all income from whatever source derived which-- (b) accrues or arises or is deemed to accrue or arise to him in india during such year.the ..... section 9(1)(i) of the income-tax act, 1961. .....

Assistant Commissioner of Vs. Soni Photo Films (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)67ITD81(Delhi)

..... the ratio of the decision is clearly spelt out from the headnote of the decision which is as follows : "the tribunal disposing of an appeal under the it act has got the power to allow the assessee to put forward a new claim, notwithstanding the fact that such a claim was not raised by him before the ito or the aac, provided there is sufficient ..... where, however, the receipt is of the nature of income, the burden of proving that it is taxable, because it falls within an exemption provided by the act, lies upon the assessee.therefore, on the basis of the ratio of this decision, the learned departmental representative argued that the burden to prove that the assessee is a small scale industrial undertaking and ..... sales-tax is not payable by a photographer under the madhya pradesh general st act, 1958.23. ..... held the following which is provided in pp.7 and 8 of the paper book : "the intention and object of the central excises and salt act is clear that only a manufacture of the 'excisable goods' in the schedule that the levy, in terms of s. ..... the remaining value of the plant and machinery as on 31st march, 1991 deducting depreciation was only ..... 3 & 4 of the indian it act, 1922, imposes a general law to tax upon all income, the act does not provide that whatever is received by a person must be regarded as income liable ..... 9 & 10 of the eleventh schedule to the it act which are as follows:- he invited our attention to the famous case of the hon'ble supreme court in parimisetti seetharamamma .....

Deputy Commissioner of Income Tax Vs. C.J. International Hotels Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of arrears of licence fee and in the absence of which why the allotment/licence of the hotel site in question might not be withdrawn besides disconnection of electricity supply and taking action under sections 5, 7, of the public premises act, 1971 (eviction of unauthorised occupants) is not disputed before us and in fact is relied upon before us is as an undisputed fact.5.7 the same is being referred to only for the purpose of stating that on receiving the aforesaid notice the petitioner ..... if it is held for the sake of an argument that the licence fee charged by the ndmc from the assessee is of the nature of land revenue and as such a tax would still be out of the purview of section 43b of the it act as it is clearly arising out of a contractual obligation and is not levied by any act of central or state legislature.the case of the revenue is clearly out on this count by the decisions of the delhi high court in the cwp no. ..... their lordships therein held that royalty is a tax and as such cess on mining royalty being a tax on royalty is beyond the competence of the state legislature because section 9 of the mines and minerals (regulation & development) act, 1957, covers the field and the state legislature is denuded of its competence under entry 23 of list ii of schedule vii to the constitution. ..... levied by the madras panchayat act, 1958, sec. .....

M/S. L.G. Electronics India Private Limited Vs. the Asstt. Commissione ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the amount on one side of the bright line is the amount of amp expense incurred for normal business of the assessee and the remaining amount on the other side is the cost/value of the international transaction representing the amount of amp expense incurred for and on behalf of the foreign ae towards creating or maintaining its marketing ..... officer needs to determine the arm's length price in respect of the international transaction made by the domestic entity, with the foreign entity, which is its associated enterprise within the meaning of section 92a of the act, taking into consideration all the rights obtained and obligations incurred by the two entities, including the advantage obtained by the foreign entity. (4). p. ..... even if it is not a strategy devised by lg korea but still the fact remains that lg korea adopted this strategy, acting under which it decided the incurring of amp expenses under a global scheme inter alia for promotion of the brand and logo lg in india through the ..... it was submitted that the expression in the nature of has been clarified by way of insertion of explanation to section 92b by the finance act, 2012 with retrospective effect from 1-4-2002, but the case under consideration does not fall in any of the sub-clauses of clause (i) of the explanation to section 92b so as to be called as an international transaction. ..... remaining amount incurred towards its own business expenses shall be considered for deductibility as per the regular provisions of the act. .....