Judgment Search Results Home > Cases Phrase: dalmia dadri cement act 1981 section 17 claims to be made to the commissioner Court: income tax appellate tribunal itat chandigarh Page 1 of about 1 results (0.100 seconds)

The A.C.i.T. Vs. Nahar International Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... therefore, such a view is bound to be followed unless such a view is established to be perverse or arbitrary.reference to the decision of the hon'ble jurisdictional high court of punjab & haryana in the case of dalmia dadri cement ltd. ..... ld dr reiterated that the ao has rightly made the disallowance out of interest claimed under section 36(1)(iii).3.3 ld ar, on the other hand, drew our attention to the balance sheet as on 31.03.95 and submitted that the assessee is having reserve and surplus amounting to rs. ..... 63,76,256 made by the ao on account of deduction under section 80i of the it act.2.1 the assessee did not press ground no. ..... no doubt in this case earlier the matter was not taken to the income-tax appellate tribunal, but then, as pointed out, it was never questioned by the commissioner of income-tax in exercise of his powers of revision which was the mode open to the revenue for re-consideration of the decisions of the income-tax officer year after year.9. ..... but this rule is subject to limitations, for there should be finality and certainty in all litigations including litigation arising but of the income-tax act and an earlier decision on the same question cannot be reopened if that decision is not arbitrary or perverse, if it had been arrived at after due inquiry, if no fresh facts are placed before the tribunal giving the later decision, and if the tribunal giving the earlier decision has taken into consideration all material evidence. .....

Assistant Commissioner of Vs. Nahar International Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)98ITD96(Chd.)

..... the decision of the hon'ble jurisdictional high court of punjab & haryana in the case of dalmia dadri cement ..... the assessing officer has rightly made the disallowance out of interest claimed under section ..... 63,76,256 made by the assessing officer on account of deduction under section 80-i of the it act.2.1 the assessee ..... this case earlier the matter was not taken to the income-tax appellate tribunal, but then, as pointed out, it was never questioned by the commissioner of income-tax in exercise of his powers of revision which was the mode open to the revenue for re-consideration of the decisions of the income-tax officer year ..... on other points i agree with the decision of the learned accountant member.the members of the bench have differed in their opinion while considering and deciding the captioned appeal on the following point which is being referred to the president, income-tax appellate tribunal under section 255(4) of the income-tax act, 1961: whether, on the facts and in the circumstances of the case, cit(appeals) was right ..... limitations, for there should be finality and certainty in all litigations including litigation arising out of the income-tax act and an earlier decision on the same question cannot be reopened if that decision is not arbitrary or perverse, if it had been arrived at after due inquiry, if no fresh facts are placed before the tribunal giving the later decision, and if the tribunal giving the earlier decision has taken into consideration all material evidence. .....

J.K. Puri Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1992)40ITD159(Chd.)

..... if we examine the case before us in the light of the law lald down by the apex court of this land alongwith the law as explained by the hon'ble jurisdictional high court in the case of dalmia dadri cement ltd. ..... in the case of indian glass agency of the delhi high court also this judgment of the jurisdictional high court in the case of dalmia dadri cement ltd. ..... this is not permissible in law as held by the hon'ble punjab and haryana high court in the case of dalmia dadri cement ltd. ..... dalmia dadri cement ltd. ..... these assessments were challenged in appeal before the commissioner of income-tax (appeals).9. ..... it was further observed in the order made under section 185(1)(a) of the income-tax act, 1961 by the income-tax officer, distt. ..... before us, insofar as the appeals of the assessee are concerned, it was argued by the learned counsel for the assessee that the revenue had accepted after due deliberation the claim of sub-partnership for the assessment years 1974-75 to 1979-80. ..... for the assessment years 1981-82, 1982-83 and 1983-84, he followed this decision to include the entire share of profit from these two firms in the hands of this assessee instead of taking that share as belonging to the sub-partnership and divisible in accordance with the provisions of the instrument evidencing it mentioned supra. ..... [1981] 128 itr 610; punjab high court judgment in cit v. .....

Lekh Raj Narinder Kumar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1986)16ITD452(Chd.)

..... in proceedings by the commissioner under section 263 of the act, the matter was looked into and assessment set aside with a direction to the ito that he will make the same afresh after working out the depreciation under the provisions of the act and, if necessary, after making reference to the iac as required in explanation 3 to section 43(1). ..... reliance of the learned departmental representative on the case of dalmia dadri cement ltd. ..... dalmia dadri cement ltd ..... in spite of the fact that the tribunal's decision in that of bharat cold storage's case (supra), on which reliance is placed by the learned counsel for the assessee now, was placed before the ito, but the ito observing that the actual cost of the assets has to be what was in the hands of the previous firm, after referring the matter, got approval of the iac and rejected the claim of the assessee on enhanced value. ..... he also urged that assuming for a moment that it was not a case of dissolution of the firm, as contended by the learned counsel for the assessee, even then, one assessment had to be made for both the periods, taking it as change in the constitution of the firm, in view of the special provisions contained in section 187. ..... he also urged that the ito had made one assessment for both the periods, the firm as reconstituted, and the assessee has not challenged the same by way of appeals ..... the position has also been accepted inasmuch as only one assessment has been made for both the periods for the assessment year 1974-75 .....

Longowalia Poultry Farm Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1998)62TTJ(Chd.)603

..... whether, on the facts and in the circumstances of the case, the assessee who is engaged in the business of poultry farming is an industrial undertaking and as such entitled to deduction under section 80hh and 80-i as held by the accountant member particularly in view of the decision of the chandigarh bench of the tribunal itself in the case of shivalik poultries (it appeal nos.980 of 1990 and 205 of 1994 dt.6-1-1996) and as such the order of the commissioner under section 263 and the order of the commissioner (appeals) are required to be reversed or the assessee is not entitled to deduction under section 80hh and 80-i as held by the judicial ..... dalmia dadri cement ltd. ..... 11,000 to red cross society for victims of earthquake as held by the accountant member or the view that the assessee is not entitled to 100per cent deduction as claimed because donation is not directly paid to the chief minister's earthquake relief fund, maharashtra as per board's circular no. ..... the written submissions made by the assessee before the commissioner, placed at page 3 of the paper-book, contains no reference regarding filing of the audit report. ..... there being a difference of opinion between the members constituting the division bench, the hon'ble president has referred the following points of difference to me for disposal under section 255(4) of the income tax act, 1961 (hereinafter referred to as "the act"): . .....

Assistant Commissioner of Income Vs. Piccadily Hotels (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)281ITR1(Chd.)

..... dalmia dadri cement ltd. ..... the ao held that the amount received by the assessee on the sale of the shops was to be charged to tax under section 45(2) of the act, as the assessee had converted her capital asset (the shops and flats) into stock-in-trade and the same were sold in the relevant previous year.the cit(a) held that the construction of shops and the flats by the assessee was an adventure in the nature of trade and thus income from the sale of the shops was to be taxed as profits and gains of business, which were computed at rs ..... before us, learned departmental representative relied on the order of the ao; while learned authorised representative relied on the impugned order and reiterated the submissions made before the cit(a).learned authorised representative further submitted that annual letting value (alv) of the property should be reduced by the amount of brokerage paid. ..... accordingly, the ao treated the transactions of sale of the property as adventure in the nature of trade and treated the income under the head 'profits and gains of business and profession' instead of 'capital gain' as claimed by the assessee. ..... we find that there is no mention of charging of interest in the assessment order but we also do not have before us itns-150, which is part of the assessment order as claimed by the revenue in ground of appeal. ..... 1998-99, the brief facts are that during assessment proceedings, the ao observed that while computing income, from house property the assessee had claimed rs. .....

Asia Resort Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2004)85TTJ(Chd.)466

..... 1996-97 for the purpose of consideration of the total receipts (including the 45 per cent portion) as income for the current year alone and in support of the same relied on the decision of haryana high court in case of cit v.dalmia dadri cement ltd. ..... for example, the notices under the provisions of section 143(2) of the act where limitations is provided and also the notice under section 148 of the act are to be issued prior to proceedings with the making of an assessment under section 143(3) of the act or making the assessment of escaped income under section 147 of the act respectively and therefore, these are the notices which must be addressed in accordance with provisions of section 282(2) of the act.on the other hand, some provisions require simply the giving of an opportunity of being heard and the communication used for that purpose, though, generally is called ..... he, therefore, submitted that the proposition of law that if a notice is found to be bad in law, the subsequent proceedings will be bad in law is not applicable to the communication made by the cit for giving the assessee an opportunity of being heard, as required under section 263 of the act. ..... as regards the stay, the infrastructure is already in existence and on which the assessee is claiming depreciation. .....

Assistant Commissioner of Income Vs. Axia Engineering Co. (Also Axia

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1996)54TTJ(Chd.)335

..... dalmia dadri cement ltd. ..... we have considered the rival contentions and we are in agreement with the learned counsel that the ad hoc addition made in the trading account could not be sustained. ..... the ao had made the disallowance on both the expenditures to the extent of 1/4th (at rs. ..... the assessee went in appeal with the plea that the higher interest had been paid to the creditors keeping in view the higher market rate.moreover, the actual interest paid to the bank also rose to 23% if the compound interest as well as the guarantee fee and amount of insurance were taken into account. ..... there was no evidence on record to show that different items, namely, sheets, plates and flats were items of similar nature.it is, therefore, contended that the addition had been rightly made in the trading account.5. ..... therefore, disallowance in respect of expenditure on car made by the learned cit(a) is upheld.21. ..... 50,000 made in the trading account invoking the proviso to s. ..... (1970) 77 itr 410 (p&h) in support of the plea that when certain payment had been allowed in the earlier years, the same view must be taken in the other years even though the principle of res judicata was not applicable to the decisions of the it authorities. ..... 40a(2)(b) of the act. ..... cit (1981) 129 itr 105 (guj), the gujarat high court had also an occasion to examine a disallowance of commission paid to sole selling agent. ..... 145(1) of the it act. .....