Judgment Search Results Home > Cases Phrase: customs tariff amendment act 2003 chapter x cereals Court: income tax appellate tribunal itat delhi Page 1 of about 9 results (0.179 seconds)

Bansal Impex Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)115TTJ(Delhi)906

..... that because of the insertion of 5th proviso to section 80hhc(3) by taxation laws (amendment) act 2005, with retrospective effect from 1st april, 1998, the assessee cannot be declined deduction. the said amendment has now been introduced by taxation laws (amendment) act, 2005, which has received the assent of the president of india on 28th dec, ..... choose either the duty drawback or the duty free replenishment certificate, being the duty remission scheme; and (b) the rate of drawback credit attributable to the customs duty was higher than the rate of credit allowable under the duty free replenishment certificate, being the duty remission scheme. explanation--for the purposes of this ..... the duty drawback or the duty entitlement pass book scheme, being the duty remission scheme; and (b) the rate of drawback credit attributable to the customs duty was higher than the rate of credit allowable under the duty entitlement pass book scheme, being the duty remission scheme: provided also that in the .....

Sony India (P) Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... by applying the most appropriate method in the prescribed manner. the proviso to the said section 92c(2), as it stood originally before its amendment by the finance act, 2002, provided that where more than one price is determined by the most appropriate method, the arm's length price shall be taken ..... for carrying out its manufacture and sales operations in the indian market, the taxpayer company needs to constantly update its knowledge of various technological advancements, customer perceptions and changes in the demand pattern in the indian market. as a result, it gains substantial knowledge of the sales and marketing practices prevalent ..... electronic products in india in modern vertically integrated facilities. the company by having manufacturing facilities within india, is able to reduce dependence on import, tariffs protection and which restrict its foreign competitors in their ability to import finished goods and components. further the company earns a sizeable portion of its revenue .....

Raj Kumar Chawla and ors. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94ITD1(Delhi)

..... did not define the word 'manufacture', but by virtue of section 2, it provided that for the purposes of the act, definition of specified goods as contained in ce act be adopted. later, by an amendment act, 1980 the definition of 'manufacture' in ce act was enlarged to include 'processing'. the assessee contended that the enlarged definition of manufacture was not applicable for the purposes ..... provisions of an earlier statute which become applicable in certain circumstances are to be made use of for the purpose of the later act also. examples of this type of legislation are to be seen in collector of customs v. nathella sampathu chetty (1962) 3 scr 786, new central jute mills co. ltd. v. asstt. collector (1971) 2 scr 92 and special .....

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)96TTJ(Delhi)1

..... expression "may" thereby giving a discretion to the authorities concerned to either reduce or waive the interest. the change brought about by the amending act (finance act, 1987) is a clear indication of the fact that the intention of the legislature was to make the collection of statutory interest mandatory." ..... . it therefore, thought it fit that there should be some arrangement in india for organizing the reception of such engineers, helping them in their customs clearance, their transportation, accommodation, maintenance of their residential buildings, making travel arrangements, providing facilities like telephone, telex, accounting, secretarial and other assistance ..... 3) develop market opportunities for motorola products and services by introducing motorola products and services and by providing product and service information to potential customers and partners in liaison and support of motorola and provide warranty and after sales services in connection with the products sold. (4) .....

Herbalife International India Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101ITD450(Delhi)

..... to avoid its use for tax avoidance purposes, 26. as already observed by us the provisions of section 40(a)(i) as it existed prior to its amendment by finance act, 2003, w.e.f. 1st april, 2004 provided for disallowance of payment made to a non-resident only where tax is not deducted at source on such ..... approval by the rbi for remittance is from the viewpoint of the implications of foreign exchange outflow and that it had no impact on the adjudication under the customs act as to whether the payment for which permission was granted by the rbi was for rendering services or for import of goods. considering the law laid down in ..... remittance in connection with import of drawings and designs cannot be construed and be held as decisive in the proceedings before the customs authorities under the customs act, 1962 where the question is whether they were goods chargeable to customs duty.28. we have considered the rival submissions. it is not in dispute that as per the provisions of the fera .....

Millennium Infocom Technologies Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)117TTJ(Delhi)456

..... applies to payments made to resident assesses. the terms "rent, royalty" were inserted in sub-clause (ia) of clause (a) of section 40 by the taxation laws (amendment) act, 2006 with retrospective effect from 1st april, 2006. thus w.e.f. 1st april, 2005, the provisions section 40(a) apply equally both in the case of resident ..... of total income will not be allowed as a deduction. supreme court in the case of naveen chemicals manufacturing and trading co. ld. v. collector of customs (1993) 4 scc 430 recognized that phrase relation to is ordinarily of wide import. there is nothing in context of section 14a to restrict the expenditure to ..... and accordingly the amount was chargeable to tax in india.4. on appeal learned cit(a) after considering the submissions observed that the domain name registration provided customer support, account management tool, domain security features and a service level agreement with domain name register. the hiring of server and providing of web-hosting services were .....

Amarjit Singh Bakshi (Huf) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)263ITR75(Delhi)

..... , however, resolved by insertion of explanation to section 158ba by finance (no. 2) bill, 1998 with retrospective effect i.e., from 1st july, 1995. this amendment had clarified that regular assessment would be separate and apart from a block assessment under chapter xiv-b.4. the ao in para 3 of the order pertaining to block ..... with his predecessor in the course of assessment proceeding under section 143(3) and also with him in the course of proceeding under section 158bd of the act. he observed that the assessee was given opportunity to rebut the evidences but he only kept denying and reiterating the sale consideration shown in the registered sale ..... atwal, the proceedings under section 158bd were initiated against shri a.s. bakshi, individual and huf separately. a survey was conducted on assessee under section 133a of the it act, 1961. the statement of assessee was recorded by the asstt. director of it (investigation) on 29th jan., 1997. after this date a notice under section 158bd was .....

Additional Commissioner of Vs. Nestle India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)53

..... making its case on the low rate of royalty in terms of its turnover rather than connecting the same with its profitability. in the context of transfer pricing, the amendment had been made to sections 92 to 92f. there were several methods laid down such as comparable uncontrolled price method; resale price method; cost plus method; profit split ..... , but it is the rbi and the rbi alone that has to decide whether permission may or may not be granted under section 29(1) of the act. the act makes it its exclusive privilege and function. no other authority is vested with any power nor may it assume to itself the power to decide the question whether ..... were broad guidelines so as to enable the entrepreneurs to take their investment decision in india. as against those broad guidelines, specific provisions of section 40a(2)(b) of the it act, 1961, empowered the ao to disallow the excess and unreasonable payments. the judgment of hon'ble supreme court in the case of mcdowell & co. ltd. (supra) .....

Lalsons Enterprises Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)89ITD25(Delhi)

..... mischief of defect embedded in section 80hhc(3) of the act. thus, such an attempt would not subserve the legislative intent of object in introducing the amendments to section 80hhc(3) of the act as discussed above." mr. mitra further contended that the memorandum explaining the provisions of the amending act can be looked into as "contemporanea exposited" as held ..... in the international market. with a view to ensuring that the tax concession is not misused, sub-section (3) of section 80-hhc of the income tax act has been amended". sub-para. (d) of para.32.8 says "the profits shall be increased by the amount which bears to ninety percent of the export incentives (profits ..... be possible to contend that the expenditure, if any, incurred in this respect should be deducted. the sum referred to sec.28(iiic) is "any duty of customs or excise repaid or repayable as drawback...." this also refers to the amount to which the assessee is entitled to receive back and hence no deduction for expenditure is .....