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Roger Enterprises Pvt. Ltd. Vs. Dcit, Spl. Range-5

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)88ITD95(Delhi)

..... judgement as culled out in the head note which we may reproduce :- "an income-tax officer occupies the position of a quasi-judicial tribunal and is not bound by the rules of the evidence act, but he must act in consonance with natural justice, and one such rule is that he should not use any material against an assessee without giving the assessee an opportunity to meet it. ..... the following words:- "held dismissing the petition and confirming the position of the high court (i) that assessee meant by saying that the evidence act did not apply to the proceedings under the it act, 1961 say that the record of the rules of evidence contained in the evidence act was not applicable, but that did not mean that when the taxing authorities were desirous of invoking the principles of evidence ..... this opinion of the revenue as stated above and in the light of facts mentioned led to the invocation of the provisions of section 147 of the it act and the reassessment proceedings were completed on 29th march, 1990 by making an addition to the income of the assessee of all these commission charges claimed to have been paid by them to these three ..... recording of the statement which is called examination-in-chief and an opportunity to cross-examine fall within the ambit of the evidence act.the assessee having not availed of the opportunity to cross examine the consequences so enunciated in the act and the law laid down by various court that the statement will be read as a whole to be correct shall be .....

Dy. Cit, Spl. R. 26 Vs. Girnar Investment Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92TTJ(Delhi)711

..... the bombay high court rejected the identical contention as raised before us of the assessee that the transfer of bonus shares did not give rise to capital gain for the purpose of income tax act as no price had been plaid for the acquisition of bonus shares and it could not be said as to on what particular date the bonus shares came into existence. ..... the learned counsel submitted that what he says draws support from section 48 of the income tax act which deals with mode of computation of capital gains, where under it has been mandated that the income chargeable to capital gain shall be computed by deducting from full value of consideration received as a result of transfer of capital asset ..... various instances of an amendment carried out under the income tax act with retrospective effect can be found out in the act itself and where the legislature has not made an amendment retrospective, we are afraid we cannot say so. ..... the learned senior counsel submitted that the incorporation of section 55 (2) (iii a) in the act substantiates his submission that the receipt on account of sale of bonus shares is not exigible to tax and the judgment of b.c. .....

Steri Mould (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)88ITD78(Delhi)

..... it was further slated that the said amount cannot be brought to tax as a casual and non-recurring receipt under section 10(3) of the act.it was also submitted that casual receipts are such receipts, which are received by chance and the receipts received by assessee are not received by chance. ..... it also docs fit in as a casual and non-recurring receipt under section 10(3) of the income-tax act, 1961, in view of the recent decision in cadell weaving mills case and the itat delhi's bench order in the case of j.c. ..... therefore, notices under section 263 of the income-tax act were issued to these two assessees. ..... when chunks of shares more they command a different value under the companies act as also under sebi guidelines. ..... ) incorporated under the provisions of companies act, 1956. ..... if one of them is absent - if the order of the income-tax officer is erroneous but is not prejudicial to the revenue or if it is not erroneous but is prejudicial to the revenue - recourse cannot be had to section 263(1) of the act. ..... act, 1961. .....

Jt. Cit Vs. Sarvodaya Hospital

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)91TTJ(Delhi)45

..... for the reasons best known to her despite assessee's petition under section 154 of the income tax act, 1961 having been filed as per her own admission and which is pending at least till the date of the counter comments submitted by her in her letter ..... 's case before us, the, assessing officer could proceed only within the scope of exercising his jurisdiction under chapter xiv-b of the act in respect of assessment of search cases for which a special procedure has been prescribed for determination of undisclosed income. ..... block assessment under chapter xiv-b of the income tax act, 1961 is not intended to be a substitute for ..... inflated, for such an opinion the remedy did not lie in treating the same as undisclosed income but the remedy was available under section 148 or any other enabling provisions of the act for escapement of income from assessment. ..... the course of the search operation under section 132 of the act and the same were seized. ..... the hospital building is totally beyond the purview of the special procedure laid down for search cases under chapter xiv-b of the income tax act, 1962 under section 158b of the income tax act, 1961. ..... again in block assessment was outside the scope of undisclosed income within the meaning of section 158b(b) of the income tax act, 1961. ..... error in coming to the conclusion that the profit/loss in these financial years, which are disclosed in the regular proceedings cannot be called as undisclosed income within the meaning of section 158b(b) of the act. .....

Anil Gupta Vs. Assessing Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)96TTJ(Delhi)798

..... the submission of the learned counsel for the assessee that the assessing officer had no jurisdiction to initiate proceedings under section 147 and consequently, initiation of notice under section 148 of the act for taxing the same income, which the assessing officer had made the subject-matter of proceedings under section 154, because, as held by the honble supreme court in the case of ..... for the assessee vehemently pleaded that the initiation of proceedings under section 147 and consequential issue of notice under section 148 of the act during the course of pendency of proceedings under section 154 of the act were illegal and bad in law, because, according to him, the proceedings under section 154 are nothing but continuation of assessment proceedings ..... tax officer decided to write to the appellate authority to take recourse to the proceedings for rectification of mistake under section 154 of the act, when it was not satisfied about the reopening under section 147(b) of the act and notwithstanding the pendency of the appeals and the letter which he had written to the appellate authority, the assessing officer took up proceedings ..... is not justified.according to the learned counsel, so far as the present case is concerned, the assessing officer first having initiated proceedings under section 154 of the act could initiate proceedings under section 147 only due to change in opinion, which was not permissible in law.reliance was placed on the following decisionsunited electrical co. .....

All India Personality Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... subsequent to the search, the assessee has also been registered under section 12a of the act which also shows that objects of the society is to impart the education to various sections of the society.so far so ..... are created with the sole object to advance the cause of education but if such object is coupled with the motive to earn profits, then such institution will not be entitled to exemption under section 10(22) of the act since in such case it cannot be said to exist solely for the purpose of education. ..... placed on the supreme court judgment in the case of aditnar education society, 224 itr 310 for the proposition that exemption under section 10(22) of the act cannot be denied merely because there was surplus at the end of the year. ..... therefore, registration under section 12a/12aa of the act would not be relevant by itself for claiming exemption under section 10(22) though the same would be relevant for claiming exemption under section 11 and 12 of the act.therefore, in our opinion, where education is imparted by an institution with the purpose of ..... aspect of the matter, the legislature has not allowed the income of private institutions to be exempt under section 10(22) of the act - where such institution is being run purely on commercial basis.15. ..... assessment year under the bonafide belief that it was not required to file any return of income in as much as the income of the society was totally exempt under the provisions of section 10(22) of income-tax act, 1961 (in short act). .....

All India Personality Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)85TTJ(Delhi)514

..... subsequent to the search, the assessee has also been registered under section 12a of the act which also shows that object of the society is to impart the education to various sections of the society.so far ..... created with the sole object to advance the cause of education but if such object is coupled with the motive to earn profits, then such institution will not be entitled to exemption under section 10(22) of the act, since in such case it cannot be said to exist solely for the purpose of education. ..... ) 224 itr 310 (sc) for the proposition that exemption under section 10(22) of the act cannot be denied merely because there was surplus at the end of the year. ..... therefore, registration under section 12a/12aa of the act would not be relevant by itself for claiming exemption under section 10(22) though the same would be relevant for claiming exemption under sections 11 and 12 of the act.therefore, in our opinion, where education is imparted by an institution with the purpose of ..... of the matter, the legislature has not allowed the income of private institutions to be exempt under section 10(22) of the act--where such institution is being run purely on commercial basis.15. ..... under the bona fide belief that it was not required to file any return of income inasmuch as the income of the society was totally exempt under the provisions of section 10(22) of income-tax act, 1961 (in short act). ..... the facts are these : the assessee is a society registered under the societies registration act, 1860. .....

Swarup Vegetable Products Indus. Vs. Jt. Commissioner of Income-tax,

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)93ITD279(Delhi)

..... the amount of damages for delayed payment of contribution under section 14b of the employees provident fund act, 1952 comprises both the elements of penal levy as well as compensatory payment, it will be for the authority under the act to decide with reference to the provisions of the employees provident act, 1952 and the reasons given in the order imposing and quantifying the damages to determine what proportion ..... introducing this proviso, it was made clear that the payments of these dues should be made before the due date prescribed under the respective act.whereas the first proviso was introduced to remove an anomaly with respect to the payment of certain dues which becomes payable at the end of ..... supra) in which their lordships have categorically held that a combined reading of clause (va) of sub-section (1) of section 36 and section 43b of the it act makes it clear that if the assessee employer credited any sum received by him from any of his employees covered by section 2(24)(x) of the act in the relevant fund on or before the due date, that is the date by which the assessee (employer) is required to credit the employee's contribution ..... in respect of the second limb of the argument of the assessee the learned dr contended that there was no ambiguity in the provisions of section 43b of the act and by introducing the second proviso the legislature has fixed the time limit in which the payments envisaged in 43b(b) are to be made before the due date as defined in explanation .....

Ch. Raghvendra Singh Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)1SOT83(Delhi)

..... 75,500 as a benefit accruing to the appellant within the meaning of section 2(24)(iv) of the act. .....

impsat (P) Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)91ITD354(Delhi)

..... it was held that though under the partnership law every change in the constitution of the firm had the effect of dissolving the firm, the income tax act conferred on the firm a personality which survived such reconstitution and that the assessment should be framed on the firm as constituted at the time of assessment in a ..... the board of directors of the assessee thereafter applied to the registrar of companies to have the company's name struck off under section 560 of the companies act.the registrar, after going through the procedure prescribed in this behalf, passed an order on 18th september 2001 to the effect that the company's name has been "struck off the register and ..... narayana (193 itr 41 @ 49) the karnataka high court held, while interpreting section 19 of the wealth tax act which is in pari material with section 159 of the it act, that the word "dies" is normally referrable to the life of a living person, animal or plant and in the absence of any statutory fiction cannot be extended to cover a case of a disruption of a ..... from the above, he position that emerges is that both under the old act and the new act it is absolutely essential that the person sought to be assessed should be in existence at the time of making the assessment and that elaborate provisions were made in the acts to ensure that if the person sought to be assessed is not in existence at the time of making the assessment, some other person or body or entity was expressly fastened with the liability to be .....