Judgment Search Results Home > Cases Phrase: central provinces laws act 1875 section 7 articles exempt from attachment Court: income tax appellate tribunal itat mumbai

inspecting Assistant Vs. E. Merck (i) (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1989)31ITD509(Mum.)

..... decision of the supreme court in central province manganese ore co. ..... supreme court in central provinces manganese ore ..... open to him to raise a contention that the income in respect of which tax is imposed and in respect of which interest is calculated for the purpose of section 18a(8) was not income which fell under the head covered under section 18a or he could contend that the income calculated by the income-tax officer as income of the assessee for the relevant year was not the proper income and that ..... by the assessee upon the amount by which the advance-tax so paid falls short of the assessed tax.the "assessed tax" has been defined in section 215(5) to mean the tax determined on the basis of the regular assessment reduced by the amount of tax deductible at source under the act, so far as such tax relates to income subject to advance-tax and so far as it is not due to variations in the rates of ..... help as the said case was under writ jurisdiction under article 226 of the constitution of india, challenging the order of the iac for not waiving/reducing the interest under section 215 read with rule 40 of the income-tax ..... estimate of advance-tax, 80j deduction was computed without reducing from the capital employed the liabilities and borrowed capitals on the basis of the decision of the tribunal in the case of alimchand tapondas but that was under a mistaken belief even though supported by an order of the tribunal, in view of the law declared by the supreme court in lohia machines ltd. .....

Ruby Mills Ltd. Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1992)41ITD171(Mum.)

..... section 11a of the central excise and salt act inserted with effect from ..... provisions of the income-tax act....according to him, their ..... refunded, a central excise officer may, within six months from the relevant ..... central provinces ..... central excise during the accounting year and it appeared prima facie ..... section ..... law ..... act or of the rules made thereunder with intent to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect, as if, for the words 'central excise officer', the words 'collector of central ..... excise authorities in this respect, there was no existing liability and although the collector of central excise had filed an appeal ..... section 11a(1) of the central excise and salt act, calling upon the assessee to file objections, if any, so that its case can be adjudicated by the assistant collector/collector under section 11a(2) of the said act, who shall thereupon determine the amount payable by the assessee, not exceeding the amount stated in the show-cause notices issued under section 11a(1) of the said act ..... act ..... section 143(3) made in pursuance of the directions of the iac issued under section 144b of the act ..... central excise did not adjudicate in pursuance of the said show-cause notices and no liability to pay the excise duty actually accrued or arose against the assessee.furthermore, the assessee having succeeded on merits, vide the order of the high court dated 1-9-1931 quashing the proceedings initiated by the central ..... act ..... central .....

Asstt. Cit, (inv.) Cir. 1(1) Vs. Prime Securities Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)95ITD249(Mum.)

..... . in various appeals the assessee has denied its liability to be assessed to amount of interest under section 234b and having regard to the assessee's total denial of liability, the appellate authorities have rightly considered the plea following the ratio of hon'ble supreme court in central provinces manganese ore co ..... . be that as it may after having known that in law the exemption under section 47(v) was not available the assessee was not entitled to claim such exemption atleast in the return of income filed on 15-10-1992, which was the only proper return ..... of capital assets was required to be withdrawn in accordance with the provisions of section 47a of the act.when this point was raised by the learned assessing officer during the course of assessment proceedings the assessee admitted that provisions of section 47a certainly came into the play but the correct procedure was to grant the assessee first an exemption under section 47(v) in the assessment order under section 143(3) and then withdraw the same by way of rectification order under ..... . the learned counsel argued that a judgment has to be treated to be the authority only for what it actually decides and it would not be proper to pick a word or a sentence from the judgment divorced from the context of question under consideration and treat it to be complete law declared by supreme court .....

Addl. Cit (Asstt.), Special Vs. Hindalco Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)4SOT757(Mum.)

..... however, we hold that there is no right of appeal against levy of interest under section 220(2) following the decision in central provinces manganese ore co. ..... be correct to draw the one and only inference that the interest was waived and, therefore, that was not charged in the regular assessment;" from the above decisions we are of the view that interest not charged in original assessment cannot be deemed to have been waived, it is a conscious act of the assessing officer to waive the interest by giving a finding that conditions laid down for waiver have been satisfied.since on the question that ..... the high court dismissed the writ petitions holding that section 3(2) of the taxation laws (continuation and validation of recovery proceedings) act, 1964, kept alive the earlier demand notices even though payment in full had been made pursuant thereto and treated those earlier notices as having been kept alive till the assessment orders were ..... however, in the interest of justice, we direct that the assessing officer will be free to pass any order which he deems proper according to law without any fatter and he will not be bound by any observation/direction made by the learned cit(a) in his orders. ..... he has totally ignored the finding of itat that the assessing officer will be free to pass any order, which he deems proper according to law without any fetters and he will not be bound by any observations/directions made by learned cit(a) in his orders. .....

Elel Hotels and Investments Ltd. Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)2SOT659(Mum.)

..... at this second stage the cit(a) touched the issue of taxability of hire charges income and late payment fees for the first time by issuing notice under section 251 of the income tax act.the learned counsel submitted that the learned cit(a) did not have the requisite jurisdiction to touch this issue of taxing hire charges income and late fee for ..... central provinces ..... view of this, it is submitted that the reason given by the department that the claim is not allowable because no amount was paid during the year is not tenable in the eyes of law.it is further submitted that it is well settled legal position that business expenditure /loss is allowable as deduction in the year in which the liability arises even if the liability is not actually quantified ..... to the hotel on account of bomb blast.3.2 it is submitted that in the facts and the circumstances of the case, and in law, the disallowance was allowable while computing total income of the appellant.4.1 the learned cit(a) erred in not adjudicating the ground regarding addition of ..... the learned counsel finally summarised his submission in support of the claim of deduction on account of repair expenses as under: (i) as will be evident from the suit as well as other legal proceedings, the primary liability for incurring the expenses was on the assessee, which was admitted so and, in ..... on account of license fees receivable from itc.4.2 it is submitted that in the facts and the circumstances of the case, and in law, no such addition was called .....

Surendra M. Khandhar Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... ) 358, where in the superintendent of police and a sub-inspector searched the house of a person without an authorisation but the excisable articles illicitly found in the possession of the persons searched were held to be proper evidence for conviction of the owner of the house under section 63 of the united provinces excise act, 1910. ..... even though a search and seizure may be in contravention of section 132 of the income-tax act, 1961, still the material obtained thereby is liable to be used subject to law before the income-tax authorities against the person from whose custody it is seized and, therefore, no writ of prohibition in restraint of such use can be granted." 73. ..... the hon'ble members may kindly consider the importance attached to the introduction given by the assessee or his family concerns in introducing the 110 bank accounts in various names as appearing in a-3 list. ..... the learned departmental representative filed a bulky rayka deluxe file which is serially numbered from page 1 to page 295 and other papers on admission of additional evidence, starting with a letter addressed by the deputy commissioner of income-tax, central circle, dated 11-6-1999 to the registrar, itat. ..... cit, central circle-14, mumbai, filed another petition requesting for admission of additional evidence, and after initial narration of the facts of the case and the admission contained in the statement of the assessee dated 20-12-1991 which we have .....

Deputy Commissioner of Income Tax Vs. B.S.E.S. Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)113TTJ(Mum.)227

..... the same will be governed by the provisions of law relating thereto which may either be expressly provided in the act [which would include accounting standard to be issued by the central government in exercise of the powers conferred upon it by section 145(2) of the act] or enunciated by various courts of the country from time to time. ..... on by the assessee and consideration, if any, for such transfer as recorded in the accounts of eligible business does not correspond to the market value of such goods as on the date of transfer, then, for the purposes of deduction under section 80-ia of the act, the profits and gains of such eligible business shall be computed as if the transfer had been made at the market value of such goods. ..... in arriving at this conclusion, the hon'ble andhra pradesh high court relied upon the principle laid down in the decision of the hon'ble supreme court in the case of central provinces manganese ore co. ..... (b) he failed to appreciate that the investment in funds giving rise to exempt income was made out of surplus funds available to the appellant and since the dividend income therefrom did not require any expenditure to be incurred, no disallowance under section 14a was called for.12.1 at the outset of hearing, the learned authorised representative of the assessee has submitted that he is not pressing ground no. 2. ..... 27,877 made by the ao by considering 0.50 (per cent) of exempt receipts as disallowable. .....

icici Limited Vs. the Jt. Commr. of Income Tax, Spl.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the supreme court in the case of central province reported in 160 itr 961 has held that where chargeability of interest itself challenged then the same is appealable. ..... genuine, in our considered view formation of a general opinion at the end of ao and again at the end of the id cit(a) that the transaction are not genuine either on the facts of the present case or in the eyes of the law, in our considered view that the formation of general opinion cannot be approved.30.10 the id counsel of the assessee has invited our attention on some of the clauses of the agreements, which were similar to the clause of the agreement ..... court had held that the decision in case of mcdowell (supra) cannot be read as laying down that every attempt at tax planning is illegitimate and must be ignored or with every transaction or arrangement, which is perfectly permissible under law, which has the effect of reducing the tax burden or the assessee must be looked upon with disfavour. ..... cit(a) on merit, therefore, we set aside this issue to the file of the id cit(a) to decide the same afresh on merit alter affording opportunity of being heard to the assessee and after taking into consideration the provisions of law as well as the decision of the hon'ble uttaranchal high court in the case of sedco forex international drilling co. ..... the said expenses could not once again be deducted from the dividend income for the limited purpose of computing the deduction under section 80m of the act. .....

Rajiv R. Paonaskar Vs. Third Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1992)40ITD581(Mum.)

..... following orders of any assessing officer may appeal to the deputy commissioner (appeals) against such order - (c) an order against the assessee, where the assessee denies his liability to be assessed under this act or any order of assessment under sub-section (3) of section 143 or section 144, where the assessee objects to the amount of income assessed, or to the amount of tax determined, or to the amount of loss computed, or to the status under which he is assessed.it was shri patil's case that ..... shri patil relied on a decision of the supreme court in the case of central provinces manganese ore co. ..... applying rates which, according to him, are wrongly applied.however, if the appellant does not or fails to pursue the remedy available under the law in the form of section i43(2)(b) or apply for rectification under section 154 or apply to the cit under section 264, such failure on his part does not ipso facto mean that his right of appeal under section 246(c), where he denies his liability to be assessed at a particular rate of tax or in a particular manner, is not available to it. ..... he has not looked into the fact that the income of the appellant is not from or any investment made from any external account maintained by the appellant. ..... , the learned counsel for the appellant, that while accepting the income returned the ito had levied tax at 20 per cent on the whole income without granting reduction under chapter vi-a or granting the basic exemption of rs. .....

Deputy Commissioner of Vs. Associated Capsules (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the case of central provinces manganese ore ..... employment, full time or part time or involved themselves directly or indirectly in any other unit manufacturing two piece empty hard gelatin capsules in india, for the period of ten months from the date of retirement and further provided that he makes a solemn declaration to this effect before the payment is made to him." 7. ..... in the case of united motors (supra), on such condition was attached, only quantification was pending and hence the liability was held to have ..... contingent upon the concerned employee not taking up an employment as specified in the agreement upto 10 months from the date of retirement and further making a solemn declaration to this effect before becoming entitled to the ..... one may be almost sure that a certain liability will arise on the happening or non-happening of an event, and from the viewpoint of the management, it may be prudent to set apart a specified amount, but undoubtedly, the liability has not arisen till the happening or ..... discussion we hold that the cit(a) was not justified, on facts and in law, to allow the deduction of additional compensation amounting to rs. ..... disallowed by the department, inter alia, on the ground that under the scheme, the assessee could stop or withhold payment if an employee who had taken retirement under vrs had acted in a manner prejudicial to the interest of the company. ..... act ..... its employees for the calendar year 1947 in terms of an award made in 1949 under the industrial disputes act. .....