Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Court: income tax appellate tribunal itat Page 1 of about 23 results (0.156 seconds)

V.V.S. Alloys Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... wto or to the cwt in the exercise of his quasi-judicial functions." accordingly, where, in certain applications for revision under s. 25 of the wt act, 1957, from the inception of the proceedings, the cwt put himself in communication with the central board and so brought instructions from the board as to ..... been conducted on 30th august, 1995, according to s. 158be assessment framed on 31st march, 1997, were barred by limitation; (2) that the ao did not act independently in making enquiries and in framing the impugned assessment but was greatly influenced and carried by the directions/instructions issued by ddi (inv.) through appraisal report (3) ..... inherent or fundamental jurisdiction. if the ao makes an assessment under s. 147 without issuing a valid notice under this section, he cannot be said to act without inherent or fundamental jurisdiction. his action would only amount to irregular exercise or assumption of jurisdiction and objection to such irregularity can always be waived." 28 .....

iraqi Airways Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1987)23ITD115(Delhi)

..... reproduced as relevant :- this principle is of great practical importance nowadays when nationalisation is in the air. if the government of a country in order to carry into effect its scheme of nationalisation of a particular industry, say, coal-mining or generation or distribution of electricity, incorporates a body which is responsible ..... assistant commissioner could not verify the bills and vouchers for making any worthwhile investigations to compute the world income with reference to the indian income-tax act. according to him, mere acceptance of the statement of accounts without making any inquiry and investigation was not proper.according to the learned cit ..... administration wholly manned by the director general of civil aviation and the representatives from the ministry of finance and communications. the board was to act independently in its administrative and financial matters but where there were financial implications about a parti-cular level the approval of the council of .....

Satellite Television Asian Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)99ITD91(Mum.)

..... paid salaries in foreign currency by uk office which were credited directly to their bank accounts. these contracts of employment were approved by the ministry of mines for the purposes of section 10(6).however, the assessee did not deduct the tax at source while paying the salaries to these persons on the ..... has been expressly provided in the respective statute. one example is that of territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 (tw act). the tw act provides the legal framework specifying the nature and scope of india's rights and jurisdiction in relation to matters concerning maritime zones and maritime boundaries ..... , the assessee was a non-resident company incorporated in united kingdom, having a project office in india. it had entered into a contract for setting up coal based thermal power plant in india. for execution of the contract, the assessee engaged foreign technicians who were deputed to the indian project office. they were .....

Sunil Agarwal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of the ao only from 14th july, 1997, onwards.5. the assessee during the proceedings claimed doing business in plastic raw material (plastic granules), software chemicals and mining equipment through the medium of two sole proprietorships and two companies.6. at this stage i would like to refer to certain other additions made by the ao ..... aforesaid, but which were returned back with the remarks "no such concerns exists". on being confronted the assessee filed affidavits wherein it was stated that these persons had acted as name-lenders for the assessee's companies for a consideration of rs. 100 on each rs. 1,00,000 deposited in their bank accounts.18. the ..... bank accounts were disclosed prior to the search. therefore, any entry made in the bank account can be considered while completing the assessment under section 158bc of the it act as the provisions are very clear.15. next addition is on account of jewellery found during the course of search. the ao was not satisfied with the explanation .....

Aztec Software and Technology Vs. Acit

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2007)107ITD141(Bang.)

..... company engaged in the business of development and export of software. the assessee was also entitled to deduction under section 10a of the income-tax act, 1961 (the act) in respect of the profits and gains derived from export of software. the assessee company filed its return of income for asstt. year 2002- ..... the party in question unless application of such rule is expressly excluded, (v) the assessment proceedings are judicial proceedings in view of section 136 of the act and, therefore, any order of the assessing officer in the course of assessment proceedings cannot be considered on administrative order, (vi) justice is not only ..... shifting out of profits by manipulating prices charged or paid in international transactions, thereby eroding the country's tax base.4. accordingly, legislative changes through finance act, 2001 and 2002 were made. it was provided in section 92(1) that income arising from international transaction between associated enterprises shall be computed having regard .....

Dev Kumar JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)82TTJ(Delhi)703

..... authorities based on mere guesswork. their lordships were considering the position as it stood in 1966-67 assessment year whereas section 55a was inserted by taxation laws (amend.) act, 1972 w.e.f. 1973. thus, blindly relying upon a certain judgment without considering the facts, the contents and the question of law determined there, does ..... contended that in case of one of the five partners sri terrance de noronha was a partner in gurg noronhas against which proceedings under section 148 of the it act were pending. thus, it could not be stated that no assessment or reassessment proceedings were pending. thus, without going into the elaborate issue which was before ..... calcutta high court in the case of brittania industries (supra) has also been referred to. in this, the ao had assumed jurisdiction under section 148 of the act to issue notice for escaped capital gains. thus, the facts as appreciated by their lordships of the calcutta high court are diametrically different. 25. reliance has been .....

Sheraton International Inc. Vs. Deputy Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)293ITR68(Delhi)

..... any managerial, technical or consultancy services (including the provision of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient or consideration which would be income of the recipient chargeable under the head 'salaries'.41. as is evident from sub ..... rendered entirely outside india on a global basis and the provision of reservation facility and accordingly, the same cannot be regarded as 'royalty' under the it act. 2(c) that without prejudice to the above, even otherwise the learned cit(a) fell in error in not appreciating that since there existed a ..... department while giving approval to a particular agreement examines that agreement from its own angle and within the mandate provided to that authority under the particular acts or rules and, therefore, such approval does not preclude the other departments from examining the nature of payment under the relevant statute. he, therefore, .....

Dr. Rajah Sir M.A. Muthiah Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1987)22ITD62(Mad.)

..... appellant is a huf. the common objection taken in all these appeals is to the orders passed by the wto under section 35 of the wealth-tax act, 1957 ("the act") whereunder he excluded the estate duty liability originally allowed as a deduction in the assessment of net wealth for these years. there was a difference of ..... limited to the extent of the assets actually or constructively received by him. the question whether debts and liabilities in terms of section 44 of the estate duty act would include the estate duty payable on the property deemed to pass is a debatable point. there could be, conceivably, two opinions about it. it cannot represent ..... assessee-huf. the deductions given in the original assessments under appeal here were, therefore, in order. in any case (shri ramamani contended) section 35 of the act was wholly inapplicable because this was a matter on which there could conceivably be two opinions. shri ramamani also referred to the decision in venkatakrishna rice co. v.cit .....

Amp Spg. and Wvg. Mills (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)100ITD142(Ahd.)

..... of shares of certain companies. this is how the courts and the tribunals have proceeded to decide in the following cases.28.1 in the case of sun distributors mining co. (supra) the calcutta high court observed as under : 6. the section will not apply where any part of the business of the company 'consists' in ..... distinct and separate business if the nature of such transactions are such that, it constitutes a business. this is provided under explanation 2 to section 28 of the act. likewise the definition of the term 'speculative transaction' is provided in section 43(5) in a substantive manner. generally speaking, the ambit and scope of speculative ..... that it would be wholly unreasonable to import the observations and findings of such distinct and distinguished surroundings to an altogether independent and unrelated field viz., the income-tax act, 1961. in the second case, he observed that the supreme court was called upon to give a definition of the words "consumer", "goods" and to decide .....

Grasim Industries Ltd Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... mineral concessions. the constitution bench then noted that at p. 306 of the report of mysore case it was held that royalty fixed under s. 9 of the mines and minerals act was really a tax. it must be kept in view that this decision of the mysore high court was noticed by the constitution bench and was not dissented from ..... intake well." these observations would apply to all the tanks in issue as they are all connected and used for the continuous supply and disposal of water, acid, lime coal, etc. as regards false ceiling also, if the functional test is applied, it is not a mere ceiling of ordinary nature but a ceiling to provide control of the ..... these assets except false ceiling are connected and used in the manufacturing process and plant and machinery for storage for continuous supply of water to works by intake well, of coal by telpher and of acid, lime and effluent discharge by other tanks. false ceiling is provided to control the temperature and humidity of the area where the cloth is .....