Judgment Search Results Home > Cases Phrase: electricity amendment act 2007 section 2 substitution of new section for section 6 Court: income tax appellate tribunal itat delhi Page 1 of about 85 results (0.150 seconds)

Jcit, Spl. Range 23 Vs. Dalmia Cement (Bharat) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)99TTJ(Delhi)1109

..... this respect". this amendment was introduced as an explanation to the definition of "actual cost" in section ..... the effect of the decisions. the income tax (amendment) bill contained an amendment proposal but it lapsed because parliament was dissolved. it was reintroduced in 1952 and passed as the income tax (amendment) act, 1953. explaining this change, this court in calcutta electric supply corporation ltd. v. cit stated that : "the 1922 act was amended by the income tax (amendment) act, 1953, with effect from april 1, 1952, in .....

Mewat Zinc Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)112ITD157(Delhi)

..... 'ble apex court in the case of cit v. gujarat electricity board 260 itr 84. he contended that once the notice under section 142 of the i.t. act is issued, the ao has no power to revise or amend the intimation issued under section 143(1)(a) of the i.t. act.9. we have heard the rival submissions and perused the ..... hon'ble delhi high court held that rectification of intimation cannot be made after issuance of notice under section 143(2) of the i.t. act. hon'ble apex court in the case of cit v. gujarat electricity board the legislature, therefore, intended that, where the summary procedure under sub-section (1) has been adopted, there should be scope available for ..... already granted shall be enhanced or reduced on the basis of the said revised return....17. sub-section (1) of section 143 of the income tax act provides that intimation already sent can be amended on the basis of the revised return and the amount of income tax, additional income tax or the interest can be enhanced or reduced as a .....

ircon International Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)74ITD117(Delhi)

..... licence to the lsc company authorising it to generate and supply electricity to the consumers in godhra area. the state government had fixed charges for supply of electricity. after amendment of the electricity (supply) act, 1948, the company increased the rates for electricity supply for lights and fans. unilateral increase was challenged by the consumers. the ..... absence of any protocol no income actually accrued to the assessee.19. the assessee's case is on better footing than that available in the case of godhra electricity co. (supra). accordingly, we would uphold the assessee's stand and delete the addition made on account of interest. as and when interest is received, ..... non-recovery or delayed recovery was not considered sufficient for non-taxability of the amount. on the other hand, the ratio available in the case of godhra electricity co.ltd. vs. cit (supra) is applicable to the case of the assessee. in the aforesaid case the then state government of bombay had granted a .....

Harbans Lal Gupta Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)44ITD512(Delhi)

..... amount of refund due from the date immediately following the expiry of the period of three months aforesaid to the date on which the refund is granted.by taxation laws (amendment) act, 1975 a new section 244(1a) was introduced with effect from 1-10-1975, which provided : (1a) where the whole or any part of the refund referred to in ..... entire tax was adjusted. moreover as pointed out rightly on behalf of the assessee as per the decision of the punjab and haryana high court in the case of jagadhri electric supply & industrial co, (supra) at page 502 it is not open to an appellate authority to take a new point in a proceeding under section 263. dealing with such ..... of the order passed under section 263. for this proposition reliance was placed upon a decision of the punjab and haryana high court in the case of cit v. jagadhri electric supply & industrial co. [1983] 140 itr 490 at page 502.5. on a careful consideration of the issues involved we are of the opinion that the assessee is entitled .....

Indian Farmers Fertiliser Coop. Vs. Jcit, Range 23

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)105ITD33(Delhi)

..... judgment of the calcutta high court in mohendra j.thacker and co v cit w.b. 139 itr 793. under section 153(2), as substituted by the direct tax laws (amendment) act, 1987 w.e.f.1-4-1989, the reassessment order ought to have been passed on or before the expiry of one year from the end of the financial year ..... to a case where the mistake arose out of the disposal of another case. the law was amended later by inserting sub-section (5) to section 35 with effect from 1-4-1952 by the indian income-tax (amendment) act, 1953. section 155 of the present act has been broadly fashioned on the lines of section 35(5). thus in both the old and ..... relating to the unit require to be set-off against the profits of the unit for the year in question by applying the provisions of section80-i(6). in cambay electric supply 113 itr 84 the supreme court held that the provisions of section 72 are computation provisions and have to be given effect to before determining the profits of the .....

Shahid Atiq Vs. Ito, Ward 5(8)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)97ITD22(Delhi)

..... (sc).(5) the subject-matter of an appeal before income tax appellate tribunal encompasses the entire controversy between parties which is sought to be got adjudicated upon by the tribunalahmedabad electricity co. ltd. v. cit (1993) 199 itr 351 (bom) (fb).(6) the subject-matter of appeal is the relief sought by the appellant and objected to by ..... of the above authorities, the word "thereon" is to be taken so as to refer to the subject-matter of the appeal and as held in the case of ahmedabad electricity co. ltd. v. cit (1993) 199 itr 351 (bom) (fb), the subject-matter of appeal is the entire tax proceedings of the assessee which is before the ..... issue already adjudicated by the tribunal, i.e., validity of the notice issued under section 148 of the income tax act and consequently the validity of the assessment order, part "b" relates to remedy for issuing additional directions by amending the order of the tribunal. we will take up these two parts separately in the following manner: part 'a' .....

Shri Shahid Atiq L/H of Late Sh. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)98TTJ(Delhi)971

..... appeal before the first appellate authority is a narrow view.23.3. the decision of the full bench of the hon'ble bombay high court in the case of ahmedabad electricity co. ltd. (supra), has been followed and applied in the case of national thermal power co. ltd. (supra).23.4. the hon'ble supreme court in the case of ..... of the above authorities, the word "thereon" is to be taken so as to refer to the subject matter of the appeal and as held in the case of ahmedabad electricity co. ltd. v. cit 199 itr 351(bom.)(fb), the subject matter of appeal is the entire tax proceedings of the assessee which is before the tribunal for consideration ..... the issue already adjudicated by the tribunal i.e. validity of the notice issued under section 148 of the income-tax act and consequently the validity of the assessment order, part "b" relates to remedy for issuing additional directions by amending the order of the tribunal. we will take up these two parts separately in the following manner: part "a" - remedy .....

Perot Systems Tsi (India) Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... (appeals) has not interpreted the wider scope of exemption under section 10a prevailing in the year under appeal. section 10a, as it stood prior to amendment by finance act, 2000 with effect from 1-4-2001, reads as follows: 10a. (1) subject to the provisions of this section, any profits and gains ..... emerging from the expression "attributable to" occurring in the phrase "profits and gains attributable to the business of" the specified industry (here generation and distribution of electricity) on which the learned solicitor-general relied, it will be pertinent to observe that the legislature has deliberately used the expression 'attributable to' and not the ..... to the appellant. the difference is on account of payments of rs. 33,334 and rs. 2,25,000 received from apollo hospital and maharashtra state electricity board ('mseb') respectively, which pertain to preceding and succeeding assessment years respectively. the appellant has accounted for such sums in the respective assessment years, hence .....

income-tax Officer Vs. Hydle Constructions (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1983)6ITD575(Delhi)

..... to consider it. the commissioner (appeals) has directed that the computation should be made in accordance with the provisions of section 80j as amended retrospectively by the finance (no. 2) act, 1980. the only submission of the learned counsel was that the direction should also refer to the ultimate decision of the supreme court ..... submitted that the assessee-company was not using any sub-contractor for carrying on its works. the assessee-company was having its own generators for generating electricity which was being utilised in its various construction works. thus, according to him, one of the activities contemplated in the definition of industrial company was directly ..... of 'industrial company'.7. continuing his arguments, it was submitted by the departmental representative that the fact that the assessee-company was generating its own electricity for the purposes of its construction work could not be covered under the definition as it cannot be held that the company was engaged in the .....

Tech Books Electronics Services Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)100ITD125(Delhi)

..... learned counsel also submitted as under: it is further significant to be noted that in sub-section (3) the word 'ten' was substituted for 'five', by the income-tax (second amendment) act, 1998 with effect from 1-4-1999. it is an admitted fact that the assessee owns an eou and such eou is an eligible undertaking. at the time when eou ..... that if a right has been lost on the date when the law has been amended, the amending act could not be applied or enforced but if the right has not been lost the amending act will provide the right whereby the life of the statutory provision which has been amended will get extended. in fact, the central board of direct taxes, issued a circular no ..... . works and the decision of itat delhi bench 'f' dated 20-5-2003, rendered in it appeal no. 646l (delhi) of 1996 in the case of dy. cit v. krishna electrical industries. he also made reference to the orders of the amritsar bench of the itat in the case of sachdeva & sons (eou) v. dy. cit [2004] 82 ttj (asr.) 847 .....