Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)1ITD160(Kol.)
..... thousand rupees, the income-tax officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter... for the imposition of penalty.a perusal of this provision makes it abundantly clear that the iac will have the jurisdiction over the subject-matter of a ..... and the assessee, and so these appeals by the assessee were not competent, the departmental representative has relied on the following decisions: cit v. army & navy stores ltd. [1957] 31 itr 959 (bom.), jivatlal purtupshi v. cit [1967] 65 itr 261 at page 267 (bom.), m.n. annaiah v. cit [1970] 76 itr 582 at ..... any preexisting relationship between the parties or not. it is not necessary, in order to attract the applicability of the doctrine of promissory estoppel, that the promisee, acting in reliance on the promise, should suffer any detriment. what is necessary is only that the promisee should have altered his position : the alteration of position need .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)1ITD857(Kol.)
..... the employees but remaining unpaid to the credit of the central government for more than 12 months, were not covered by section 2(m)(iii) of the wealth-tax act, 1957, and accordingly deductible in the computation of net wealth. the common ground taken by the revenue is that the learned aac erred in doing so.2. at the time ..... a case where any order of assessment or levy is passed. the purpose of sub-clause (hi) of section 2(m), as inserted by the finance act, 1959, with retrospective effect from 1-4-1957, is explained by the memorandum explaining the financial proposals as under : ordinarily, debts owing by the assessee have to be deducted in computing its net ..... deemed to be in default in making payment of tax deducted from the salaries payable to his employees. ah these provisions are under chapter xvii dealing with collection/recovery of tax. the tax deducted at source under section 192 of the income-tax act is not in consequence of an order passed under or in pursuance of the income-tax .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1983)6ITD225(Kol.)
..... that the amended law stood during the assessment year and the ito did not allow deduction correctly under section 80m. sections 80aa and 80ab were introduced in chapter via by the finance (no. 2) act, 1980, with retrospective effect from 1-4-1968 and 1-4-1981. it has been stated earlier that for reopening the assessment under section 147(b), ..... to the relevant income-tax authorities to determine the said question by taking appropriate proceedings both against a and b . . .this view was also taken in jagannath hanumanbux v. ito [1957) 31 itr 603 (cal.), smt. hemlata agarwal v. cit [1967] 64 itr 428 (all.) and sidh gopal gajanand v. ito [1969] 73 itr 226 (all.). therefore, if the ..... high court in raja benoy kumar sahas roy v. cit [1953] 24 itr 70 which was affirmed by the supreme court in cit v. raja benoy kumar sahas roy [1957] 32 itr 466.the decision of the calcutta high court was available in darbhanga marketing co. ltd.'s case (supra). therefore, it could not be said that there was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)8ITD537(Kol.)
..... the declaration shall be accompanied by a return of net wealth for such year or years in the form prescribed under section 14 of the wealth-tax act, 1957(27 of 1957).the rule requires that the declaration in form 'c in an approprite case should be accompanied by a return of net wealth in the form prescribed ..... of section 189 of that act or of chapter v of the wealth-tax act relating to liability to assessment in special cases shall, so far as may ..... 1. section 16 of the 1976 act provided immunity to the declarant from penalty, prosecution, etc., under the customs act, 1962, and the gold (control) act, 1968, on fulfilment of certain conditions specified therein. 2. section 17 of the said act stipulated that 'the provisions of chapter xv of the income-tax act relating to liability in special cases and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD1(Kol.)
..... . the supreme court pointed out in that case that the amending power was sought to be exercised under the original section, namely, 35(7) of the wealth-tax act, 1957. to appreciate these observations, it may be necessary to refer briefly to the facts of that case. for the assessment year 1969-70, the assessee was assessed to ..... against that order or the prescribed period for appeal had expired. that order was continued to be liable to be rectified under section 35(7) of the wealth-tax act, 1957 within the four years' period of limitation. therefore, the order of rectification was valid. in other words, if the order sought to be rectified in this case ..... computed with reference to the income by way of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference to the gross amount of such dividends.acting on the basis of section 80aa, the income-tax officer sought to rectify the assessments made for these two .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1993)45ITD22(Kol.)
..... 74a and 80j relating to unabsorbed depreciation, unabsorbed investment allowance, unabsorbed loss and unabsorbed deduction relating to tax holiday. as a consequential amendment, chapter vib of the income-tax act relating to restriction on certain deductions in the case of companies, is proposed to be omitted. these amendments will take effect from april 1, ..... sixth schedule as above. however, the expenditure relating to incomes as well as the receipts relating to incomes to which the provisions of chapter iii of the income-tax act apply, will be excluded from the computation of the 'book profit'. thirty per cent, of such 'book profit' shall be ..... chapter iv, certain allowances are given, such as investment allowance or allowance for scientific research. it will thus be seen that there is a basic dichotomy between receipts which are not taxable at all and receipts which are taxable but subject to exemption on fulfilling certain conditions. (see also a.v. fernandez v. state of kerala [1957 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1994)48ITD145(Kol.)
..... and every means whatsoever of records manufactured in pursuance of this agreement. the company shall be the owner of the original plate within the meaning of the copyright act, 1957 and any extensions or modifications thereof of each performance recorded under the provisions of this agreement at the time when such plate shall be made.11. the ..... this agreement whether under the provisions of clause 17 hereof or in any other manner. emi matrices shall be and remain the property of emi and the copyright and all other rights which may now or hereafter subsist in the records derived from the said matrices, including the rights of broadcasting, public performance and copying ..... the company shall have the irrevocable right to authorise any other person, firm or corporation to do any and all such act and things.these clauses show that the producers assign or transfer their copyright over the records relating to the film to the assessee for the purpose of enabling the assessee to reproduce the same .....
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