Judgment Search Results Home > Cases Phrase: coast guard act 1978 section 27 losing ship or aircraft Court: income tax appellate tribunal itat allahabad Page 1 of about 3 results (0.367 seconds)

Gupta Construction Co. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2004)84TTJ(All.)46

..... under section 44ab, therefore, the authorities below should not have rejected the explanation of the assessee. he has relied upon addl. cit v. jay engineering works ltd. (1978) 113 itr 389 (del). he has further argued that the books of account have been maintained in the regular course of business and as such section 34 of the ..... having effect of relaxing rigour of law and thus binding upon the authorities. the hon'ble allahabad high court has further held that : "no provision of the it act was brought to our notice, which makes the claim of depreciation inadmissible where the income is computed by applying a flat rate." the hon'ble allahabad high court ..... had been purchased during the year under consideration, the assessee furnished the addresses and as such, the ao issued letters of enquiry under section 133(6) of the act. however, the letters sent to 17 parties whose names are mentioned in the assessment order, returned unserved to the ao. the assessee was intimated about this fact and .....

Verma Roadways Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2000)75ITD183(All.)

..... any arbitrary authority or power on them. it is perhaps because the basic rights relating to the liberty of the subjects which have been well guarded and safe guarded in our constitution may not be violated or invaded. it is because of this reason that the issuance of warrant of authorisation which may lead to ..... mind and judicial discretion or approach by any authority, it partakes and assumes the character and status of a judicial or at least quasi-judicial act, particularly because their act, function, is likely to affect the rights of affected persons.115. after going through the relevant provisions relating to granting of approval and the relevant ..... case of c. b. gautam (supra) the ld. counsel, shri agarwal, submitted that the decision is in relation to other provisions of the income-tax act and the provisions of section 158bg are distinguishable from those provisions. the ld. counsel further submitted that wherever the legislature intended to provide an opportunity, the requirement .....

Tej Kumar Bhargava Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1987)21ITD21(All.)

..... each one of these elements would together constitute the compensation and it cannot be said having regard to the language used in section 23 of the land acquisition act that only certain amounts attributable to certain elements alone is compensation and not the amounts attributable to the other components, i.e., seggergation in the manner ..... suggested is not permissible. section 23 of the land acquisition act provided : first, the market value of the land at the date of the publication of the notification under section 4, sub-section (1) ; secondly, the ..... me and the high court clearly pointed out that the damages awarded for the injurious effect on the unacquired portion under section 23 of the land acquisition act should also be included in the full value of consideration and should be taken into account in arriving at the capital gains. in particular the learned departmental .....

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

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... was at least not prepared at the time of search operation, as is borne out from the fact that it does not bear the signatures of even the security guards who had been treated as panchas by the authorised officers. in order to extract truth the assessee had made a request vide letter dt. 11th august, 1997, for ..... in suit". (basant kumar swain vs. baidya kumar parid & ors. air 1989 ori 118. the institute of engineers (india) & anr. vs. bishnu pada bag & anr. air 1978 cal 296). the object and purpose of local investigation under r.9, o. 26, cpc is to clarify or explain any point which is left doubtful on the evidence on ..... operations having 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) that the .....

India Polyfibres Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1997)60ITD433(All.)

..... been invited and have given our anxious consideration to the arguments advanced by the learned counsels for the rival parties. in the provisions of section 32a of the it act, there is no ambiguity about the year in which investment allowance is to be granted and, therefore, we do not consider it necessary to reproduce the relevant ..... , for the obvious reason that for the healthy functioning of a corporate democracy, right of information to members of a company is necessary. section 217 of the companies act, 1956 prescribes the information which must be made available by the board of directors to a member. one such information, as per sub-section (1) of section ..... necessarily to be allowed in assessment year 1988-89, it may be mentioned that for the purpose of computing the yearly profits and losses under the income-tax act, each year is a separate self contained unit and, therefore, the deductions admissible for the period before the commencement or after the end of the previous year .....

U.P. State Handloom Corpn. Ltd. Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1992)42ITD436(All.)

..... v. wheel & rim co.of india ltd. [1977] 107 itr 168 (mad.), cit v. swadeshi cotton mills co. ltd. [1980] 121 itr 7472 (all.), agra chain mfg. co. v. cit [1978] 114 itr 840 (all.) and ratna sugar mills co. ltd. v. cit[1958] 33 itr 644 (all.) in favour of his argument that subsidy was taxable and that the orders ..... rival submissions and we have given our anxious consideration to the controversy raised before us, namely, whether the subsidy received by the appellant-company was taxable under the income-tax act or not. we would like to put it on record that in the entire plethora of case laws cited before us, there is no direct bearing of the decided cases ..... the assessee argued that we have to decide whether it was a bounty and if the answer is in the affirmative then it was not taxable under the income-tax act - as was argued by the learned counsel for the assessee. he also referred to the dictionary meaning of the word "subsidy" for establishing the proposition that subsidy was nothing but .....

Sandeep NaraIn Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1982)1ITD941(All.)

..... the only point involved in this appeal pertains to the assessee's claim for deduction for repairs as contemplated under section 24(1)(i) of the income-tax act, 1961 ("the act").2. the assessee is an individual and owns certain properties at faizabad and lucknow. the assessment year is 1977-78 and the relevant previous year is the ..... where in respect of tenanted property both the owner and the tenant could undertake the cost of repairs. clause (m) of section 108 of the transfer of property act throws the obligation impliedly on the tenant to effect the repair in respect of the demised property. this is an obligation which can, of course, be contracted against, ..... since the provisions of section 108 of the transfer of property act regulating the rights and liabilities of the lessor and the lessee apply only 'in the absence of a contract to the contrary.' in the absence of such a contract .....

New International Chemicals (P.) Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1983)3ITD88(All.)

..... , new international chemicals (p.) ltd., prag narain road, lucknow, is a private limited company which is engaged in the manufacture of drugs and medicines. for the assessment year 1978-79, the ito disallowed rs. 5,175 as representing 15 per cent of the interest on rs. 34,494 (rs. 8,540 plus rs. 25,954) being deposits under ..... section 40a(8) of the income-tax act, 1961 ('the act').3. the assessee being aggrieved, came up in appeal before the commissioner (appeals). it was contended before the commissioner (appeals) on behalf of the assessee that the ..... banking, non-financial companies have been increasingly resorting to acceptance of deposits from the public to meet their financial requirements. the levy of interest-tax under the interest-tax act, 1974 on the gross amount of interest received by scheduled banks on loans and advances made in india has had the effect of increasing, on an average, the .....

Hemant Apartments Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1982)1ITD624(All.)

..... business whatsoever till it ceased to exist on 6-1-1976 when it was dissolved, it cannot be said that there was a firm as contemplated by the indian partnership act, 1932, and, there-fore, the claim of registration was rightly refused by the revenue authorities. the appeal against the order under section 154 passed by the aac, ..... partnership deed but no business actually commenced or was in existence during the relevant accounting period, there was no partnership in existence which could be registered under the income-tax act. it is true that in the case of mandsaur starch & chemicals v. cit [1981] 127 itr 727 their lordships of the madhya pradesh high court have taken ..... heard.6. on the other hand, the learned departmental representative, shri jauhari, submitted to us that one of the essential requirements, as laid down by the indian partnership act, 1932, for the existence of a firm was the carrying on of a business and if no business was carried on, one of the three necessary elements of a .....

income-tax Officer Vs. Goyal Trading Co.

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... looking into the matter afresh. however, in the case of the assessee, there is no such material like municipal records, etc. in cit v. rane (madras) ltd, [1978] 112 itr 241 (mad), the facts necessary for determination of the matter were not there on record and hence remand has been justified. however, in the instant case, the ..... four calcutta parties could have placed advance orders on the calcutta mills. for that question, no answer could be given.65. under section 19 of the indian partnership act, the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the firm, binds the firm. the version ..... taxpayer's liability and hence the authorities sitting in appeal in a tax case cannot be regarded as deciding a lis. they are only engaged in an administrative act of adjusting the taxpayer's liability. even though the appellate authorities exercise quasi-judicial functions; the proceedings before them lack the basic element of adversary proceedings. in .....