Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 4 amendment of section 5 Court: income tax appellate tribunal itat guwahati Page 1 of about 16 results (0.186 seconds)

Haroocharai Tea Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1990)35ITD590(Gau.)

..... could not be said to be invalid under section 143(3).it was indicated that the assessment order was made after the introduction of section 292b by the taxation laws (amendment) act, 1975. according to the assessee, the cit(a) has wrongly relied on the decision in the case of r. giridhar (supra) as the facts of the present case were ..... participated in them cannot object to the proceedings on the ground that no notice as required under rule 2 of part i of the second schedule to the income-tax act, 1961, had been given. in the present case, the assessee had accepted the said impugned notice and had actually participated in filing the appeal before the cit(a) ..... notice but also the assessee order given to the assessee have not been signed. it is, therefore, urged that in the circumstances, the notice was void and cannot be acted upon. it may be mentioned here that before the cit(a), the assessee had raised submissions in respect of the initiation of the proceedings under section 147 as well as .....

Assistant Commissioner of Income Vs. Tea Agency Trading Centre

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2004)88ITD96(Gau.)

..... . the learned am had not taken into consideration the provisions of section 43(6)(c) incorporated w.e.f. 1st april, 1988, by the taxation laws (amendment & miscellaneous provisions) act, 1986. the learned jm has opined that such a provision is attracted and the written down value of the respective block of asset has got to be adjusted ..... as to whether the assessee's case falls under section 43 of the it act. the taxation laws (amendment and miscellaneous provisions) act, 1986, has introduced w.e.f. 1st april, 1988, a new scheme of depreciation allowance under which the depreciation is to be allowed in ..... the money received under the insurance policy was brought to tax as capital gain under section 45(1a) of the act. since the case before us is for the asst. yr. 1993-94 the amendment made by the finance act, 1999, is not applicable and accordingly the assessee is not liable to pay capital gains tax.now, the issue remains .....

income Tax Officer Vs. Patkai Mining and Engg. Co. (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2002)82ITD109(Gau.)

..... march, 1989 issued by the department of company affairs, new delhi, on the subject. in the clarification provisions relating to depreciation under the companies act, 1956, as amended by the companies (amendment) act, 1988, it has been clarified as under: "it may be clarified that the rates as contained in schedule xiv should be viewed as ..... no. 2. after extracting the relevant findings of the learned cit(a) and referring to the legal proposition that the appellate authorities created under the it act have to interpret the entire provisions harmoniously, he has pointed out that the very words used by the first appellate authority to treat the provisions of ..... other words, the quantum of unabsorbed depreciation, investment allowances, unabsorbed losses, etc. for the purpose of carrying forward has to be under the provisions of the act irrespective of the quantum of income determined under section 115j(1). thus, sub-section (2) of section 115j enacts a saving provision and in effect nullifies .....

Jalannagar Tea Estate (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1991)38ITD281(Gau.)

..... 11 of the united provinces co-operative societies rules, 1936, but there was nothing expressly or impliedly in rule 11 which would confer on the society to amend its bye-laws with retrospective effect and in the absence of such power being conferred either expressly or by implication, it cannot be said that the society ..... that subsequently the state level committee came to a different finding which compel it to withdraw the approval accorded to the society earlier on which the assessee had acted upon. whether the state level committee for integral development has the power to withdraw the approval given earlier or has the power to withdraw such approval with ..... found that the society has violated the conditions for not maintaining proper books of accounts, for not utilising money for approved programme for rural development and merely acting as an agency for supplying certificates under section 35cca(2) on commission and returning the balance to the alleged donors within a day or two of the .....

Rupajuli Tea Co. (India) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1991)38ITD270(Gau.)

..... be taxed as business income, but this loss was nothing as the same arose out of speculation within the meaning of explanation inserted in section 73 of taxation laws (amendment) act, 1975. he was of the view that the assessee was not an investment company nor was it engaged in business of banking or grant of loans and advances ..... the subsequent purchaser from the assessee. the transaction in that particular case was held by the hon'ble court as "speculative transaction" under the provisions of the indian income-tax act, 1922. in the case of madanlal nemani (p.) ltd. v. cit [1976] 105 itr 244 (bom.) noted the facts of that case, in which the assessee ..... the assessing officer pointed out that the principal objects of the assessee was to take over the assets and liabilities of rupajuli tea co. ltd., incorporated under the english companies act and to plant, grow, import, export by sale process etc. of tea, coffee, rubber etc.and other produce of the soil. he noted that the company was engaged .....

income Tax Officer Vs. Radha Krishna Jalan

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2004)84TTJ(Gau.)329

..... which the assessee was not a partner. b) the cit (a) erred in directing to allow exemption under section 10(2a) relying on the decisions which either relate to pre-amendment position or not squarely applicable in the present case.2. since both the grounds of appeal are correlated and as the facts and circumstance in both the years under appeal ..... % share of profit from the partnership firm of rock international as its income and claimed the same is exempted within the provisions of section 10(2a) of the income tax act, 1961.the ao negated the assessee's claim in as much as according to him, m/s radha krishna jallan the assessee-partnership firm was not a partner of m ..... the assessee firm by virtue of its superior title over the share of income receivable by sri radha kishan jallan, is exempt under section 10(2a) of the i.t. act in the hands of the assessee firm.6. the other section under which the learned a/r of the assessee relied upon for his contention that the income of the .....

Shrimanta Shankar Academy Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2007)109TTJ(Gau.)426

..... i.e. secondary board of education v. wo (1972) 86 itr 408 (on) and birla vidhya vihar trust v.cit .11. with effect from asst. yr. 1999-2000 the act amended and the same institution was covered under section 10(23c)(iiiad) for which the details were filed claiming exemption and the same benefit was continued upto asst. yr. 2001-02 ..... (from asst. yrs. 1999-2000 to 2001-02). there is change/amendment in the act, the assessee was subject to provisions under section 10(23c)(vi) for approval of the chief cit. there was no change in the activities of the institution i.e ..... law in accordance with majority view.1. the hon'ble president, shri vimal gandhi, tribunal, being the third member after hearing the counsels of the parties on 8th feb., 2007 has opined and concurred with the finding of the learned jm. he further opined that the reasonable order can be to read order dt. 1st oct., 2004 as effective from .....

Shrimanta Shankar Academy Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

..... under section 10(22). our views get support from orders i.e. 86 itr 418 and 136 itr 445 (cal).11. with effect from assessment year 1999-2000 the act amended and the same institution was covered under section 10(23)(c)(iii ad) for which the details were filed claiming exemption and the same benefit was continued up to assessment ..... years 2001-02 (from assessment year 1999-00 to 2001-02). there is change/amendment in the act, the assessee was subject to provisions under section 10(23)(c)(vi) for approval of the ccit. there was no change in the activities of the institution i ..... member accountant member 1. the hon'ble president, shri vimal gandhi, income-tax appellate lnbunal, being the third member after hearing the counsels of the parties on 08-02-2007 has opined and concurred with the finding of the ld. judicial member. he further opined that the reasonable order can be to read order dated 01-10-2004 as .....

Asstt. Commissioner of Vs. South Point Montessori School

Court : Income Tax Appellate Tribunal ITAT Guwahati

..... binding upon it such action could not be ratified by all the members taken together until the object clause wherein the purpose of its existence lay were amended and approved under the provisions of the act under which it was incorporated. the purpose of existence of an artificial legal entity like society should be enquired into and found in the instrument, under ..... difference between the hon'ble members of gauhati bench of i.t.a.t., the above appeals were referred to me under section 255(4) of the income-tax act, 1961 (the act). in fact, i find that there is no difference in five appeals, viz., i.t.a. nos. 389 & 390 (gau)/96 and i.t.a. nos. 15 to ..... ble president shri vimal gandhi, income-tax appellate tribunal, being the third member after hearing the counsels of the parties on 08-02-2007 has opined that the assesses is entitled for exemption under section 10(22) of the it. act, 1961. the re-assessment in this case was not necessary and no illegality was found in the order of the ld. cit .....

Commissioner of Income Tax Vs. Eastern Supply Corporation

Court : Income Tax Appellate Tribunal ITAT Guwahati

..... is attached only to orders disposing of the appeal under s. 254(1) or orders amending such appellate orders in exercise of the power of rectification under s. 254(2). an order passed on a miscellaneous application, though passed under s. 254(2) deciding to ..... is a mistake in its order. the question of genuineness of payment has never been the issue of the department while making the disallowance under s. 40a(3) of the act.5. we have carefully considered the matter. in the instant case, the tribunal has not passed any final order but merely recalled the original order passed in ita no. 190 ..... from orders under s. 254(1) or final orders made under s. 256(2) of the it act, 1961. in the latter case, the order which may be subject to a reference under s. 256(1) will only be an order passed by the tribunal amending its earlier order rectifying the mistake brought to its notice by the assessee or the ao. finality .....