Judgment Search Results Home > Cases Phrase: border security force act 1968 section 20 striking or threatening superior officers Court: income tax appellate tribunal itat delhi Page 1 of about 7 results (0.119 seconds)

Assistant Commissioner of Vs. Gallium Equipment (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... same point in which their lordships have discussed different case laws on the point and interest earned on investment of amounts in contingency reserve of securities specified by electricity (supply) act, was found attributable to priority industries and it was concluded that such interest has to be taken into account in computing special deduction under ..... "attributable to" is certainly wider in import than the expression "derived from". had the expression "derived from" been used, it could have with some force been contended that a balancing charge arising from the sale of old machinery and buildings cannot be regarded as profits and gains derived from the conduct of the ..... placed by the learned counsel of the assessee. in the case of rajasthan petro synthetics ltd (supra), the tribunal has held that "there is some force in the argument of learned authorised representative of the assessee that since deposits like fixed deposit with bank kept as margin for establishment letter of credit for .....

Goyal Gases (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)42ITD135(Delhi)

..... the last few years and therefore the cit(appeals) was justified to hold that, the user of the cylinders could not be determined with reference to the security deposits.54. revenue had directed the assessee to provide evidence of octroi receipts and the challans under which the cylinder are claimed to have been received. the ..... to necessarily pass through the octroi posts of each of the states. the octroi authorities after charging the requisite octroi, allow the goods to pass through the state borders.the octroi receipts as issued by the authorities, indicate the nature of the goods on which, they had levied the octroi. referring to these octroi receipts, he ..... senior departmental representative, that, these being in the nature of additional evidence, its admissibilily must be with reference to the provisions of section 255(6) of the act, is fully justified. however, this contention that, it need to be verified for the above mentioned challan appeared to be bogus, was so advanced with a view .....

Hindustan General Industries Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1982)2ITD343(Delhi)

..... 26,998- interest 1,055- disallowance out of general charges 11,878 --------- the ito then proceeded to comply with the terms of section 144b of the income-tax act, 1961 ('the act'). as required under sub-section (1) of the above section, he forwarded a copy of the proposed order of assessment to the assessee. the assessee, in terms ..... the learned counsel for the assessee while the stand taken by the department is clearly correct.section 144b(1) reads as under : (1) notwithstanding anything contained in this act, where, in an assessment to be made under sub-section (3) of section 143, the income-tax officer proposes to make any variation in the income or loss ..... 1. on a difference of opinion between the learned members, who heard these appeals originally, the case has come to me for decision under section 255(4) of the act. the point of difference is "whether, on the facts and in the circumstances of the case, the provisions of section 144b were applicable ?".2. briefly stated, the relevant .....

Bhp Minerals International Vs. Deputy Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... ), wherein the assessee was held to be entitled to expenditure incurred holding that the assessee has commenced its business in india from 13-4-1981, when it secured and accepted the letter of intent from neyveli lignite corporation and not from october, 1981 when it opened its site office, is of no assistance to the ..... though incurred wholly and exclusively for the purpose of the business may nevertheless be inadmissible as an allowance, if it is of a capital nature. the border line between a capital expenditure and a revenue expenditure is a blurred one.different minds may come to different conclusions and may yet have valid reasons justifying each ..... assessment year 2000-01, the commissioner (appeals) has wrongly disallowed the claim of the assessee merely placing reliance on the provisions of section 35(e) of the act which are not applicable to the case of the assessee, firstly, because the assessee was a foreign company whereas this section was only applicable to the indian companies .....

Mange Ram Mittal Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... during the block period. the material or information gathered by the learned assessing officer on such aspects, as purchases of desi liquor and imfl, security deposits and license fee paid for various authorizations from excise department, assessees investments in immovable properties, acquisition of movable assets, household expenses etc. are ..... contractor who was rival of the liquor contractor with whom the assessee was employed. for that purpose the assessing officer pressurized the witnesses and forced them to tender evidence against the assessee. suitable statements f rom shri manohar singh were obtained af ter promising him favourable treatment in his ..... statement given by a party/witness constituted an independent evidence of fact and unless there was adequate material such statements were required to be acted upon. the commissioner departmental representative further argued that mere allegation that the statements were recorded under coercion and threats was not enough and it .....

Mange Ram Mittal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)103ITD389(Delhi)

..... various concerns during the block period. the material or information gathered by the learned ao on such aspects, as purchases of desi liquor and imfl, security deposits and licence fee paid for various authorizations from excise department, assessee's investments in immovable properties, acquisition of movable assets, household expenses, etc. ..... a liquor contractor who was rival of the liquor contractor with whom the assessee was employed.for that purpose the ao pressurized the witnesses and forced them to tender evidence against the assessee. suitable statements from shri manohar singh were obtained after promising him favourable treatment in his income-tax assessment ..... or statement given by a party/witness constituted an independent evidence of fact and unless there was adequate material such statements were required to be acted upon. the cit departmental representative further argued that mere allegation that the statements were recorded under coercion and threats was not enough and it .....

Godore Tools (India) (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)25ITD193(Delhi)

..... and adopt production to meet the requirements of their customers abroad. (iii) every effort will also be made to secure that indigenous industrial raw material required for export production are made available in right quality and quantity and at fair ..... read with section 4.1(1) of the income-tax act, 1961. dbk has all along been taxed in the hands of the assessee. accordingly, we find no force in this ground.9.12 the next point relates to ie ..... under the import-export policy and that it is not statutory. even if it be accepted that ie is secured by the assessee without ..... . we have already noticed that the nature of ie is also different from ccs inasmuch as it has a statutory basis as it is given under an order made under section 3 of the imports & exports (control) act, 1947. therefore, the assessee is not right in arguing that ie is secured .....

Napar Drugs Pvt. Ltd. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)98ITD285(Delhi)

..... 42 assessment, it was open to the appellate tribunal in the present case to hold that the profits and the transactions of sale and purchase of shares and securities amounted to profits of business and so liable to be taxed? the hon'ble supreme court has answered the question in the following words : the second question ..... then possibly no further enquiry is required. hence looked from any angle, the addition in the present case was not sustainable and, therefore, there was no force in various arguments raised in the various questions framed by the hon'ble judicial member. in the case of the assessee the income-tax returns had already been ..... of the shareholding and their confirmations /affidavits had been placed on record the ao himself had initiated enquiry by issuance of summons under section 131 of the it act on all such shareholders. these were duly served and complied with by the shareholders. the shareholders in the enquiry proceedings by the ao had filed affidavits confirming .....

Bharatiya Janata Party Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2002)80ITD89(Delhi)

..... from investment in canstar as income from other sources.16. the above view is in line with the overall scheme of the it act.the canstar issued under the canstar scheme, 1990 is a redeemable non-debt security of the face value of rs. 10 each. the interest income therefrom would normally be assessable under sections 18 to 21, ..... deleted by the finance act, 1988 w.e.f. 1st april, 1989. from the asst. yr.1989-90, interest on securities is assessable as business income under section 28 where such interest forms part of business profits. in other cases, it is ..... income arising therefrom would normally be assessable under sections 18 to 21, which were deleted by the finance act, 1988 w.e.f. 1st april, 1989 and thereafter i.e., from asst. yr, 1989-90 onwards interest on securities was assessable as business income under section 28 where such interest formed part of business profits and in other .....

Additional Commissioner of Vs. Nestle India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)53

..... suspecting that the remuneration for technical assistance was nothing but a camouflage to siphon away and repatriate the profits of indian operations. on careful consideration, we see considerable force and justification in these arguments of the assessee.96. there is one more important aspect of the case. after all, what is the material against the assessee in ..... but it is the rbi and the rbi alone that has to decide whether permission may or may not be granted under section 29(1) of the act. the act makes it its exclusive privilege and function. no other authority is vested with any power nor may it assume to itself the power to decide the question ..... broad guidelines so as to enable the entrepreneurs to take their investment decision in india. as against those broad guidelines, specific provisions of section 40a(2)(b) of the it act, 1961, empowered the ao to disallow the excess and unreasonable payments. the judgment of hon'ble supreme court in the case of mcdowell & co. ltd. (supra) .....