Judgment Search Results Home > Cases Phrase: employees state insurance amendment act 2010 section 4 amendment of section 10 Court: income tax appellate tribunal itat mumbai Page 7 of about 189 results (0.383 seconds)

income Tax Officer Vs. Ranisati Fabric Mills P. Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)116TTJ(Mum.)177

..... unamended provision enables the assessee to pay contribution towards provident fund, superannuation fund, gratuity fund, etc. before the due date under the respective enactments, whereas the amended provision, due to the omission of second proviso to section 43b of the act, enables the assessee to pay contribution to provident fund, superannuation fund, gratuity fund ..... explanation.--for the purposes of this clause, "due date" means the date by which the assessee is required as an employer to credit an employee's contribution to the employee's account in the relevant fund under any act, rule, order or notification issued thereunder or under any standing order, award, contract of service ..... held that if two contrary views are taken by different high courts, view favourable to the assessee should be adopted, but, nowhere, it has been stated that the view expressed by a solitary high court can be ignored by the non-jurisdictional subordinate bodies without any reasons.16. we, therefore, of the .....

Asst. Commissioner of Income Tax, Vs. Sedgwick Parekh Health Mfg. Pvt.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... clauses of section 43b are retrospective in nature.5. but, the madras high court in the case of synergy finance exchange ltd. 286 itr 366 has held that those amendments are not retrospective and therefore, such bleated payments of pf, esi etc cannot be allowed as deduction, even if they have been paid before the due date of filing ..... is that the cit(a) has erred in disallowing the payments under section 43b on account of employers contribution to provident fund amounting to rs. 1,60,277/- and employees contribution to provident fund amounting to rs. 1,52,410/-, made after due dates specified in the pf act.3. even though the payments towards pf have been made ..... sales tax, esi, pf discharged after close of the previous year, but before the due of the filing of the return cannot be disallowed.7. as far as the state of maharashtra is concerned, there is no direct decision of the jurisdictional high court on the issue. as different views of different high courts are available on the subject, .....

M/S. Yash Developers, Mumbai Vs. Department of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... 1.4.2005 would be applicable for the project approved on or after 1.4.2005 and where the approval of the project was prior to 31.3.2005, the amended provision would have no application for those projects. we observe that the hon'ble gujarat high court also placed heavily reliance on the decision of the hon'ble bombay high ..... therefore due date for furnishing the return of income according to section 139 was subject to extended period provided u/s 139(4) of the act. ld. cit(a) stated that similar issue was also considered by the hon'ble jurisdictional high court in the case of trustees of tulsidas gopalji charitable and chaleshwar temple trust v/s cit [1994 ..... on that ground as well. being aggrieved, assessee filed appeals for both the assessment years under consideration. 5. in respect of assessment year 2007-08, the ld. cit(a) stated that the issue of claiming of deduction u/s 80ib on account of built up area of shops and commercial establishment was considered by itat in assessee's own case .....

Assistant Commissioner of Vs. Hinditron Services (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)99ITD479(Mum.)

..... with reference to transfer/succession and their capacity to be injured.15. in the present case, the learned ar had sought to make employees and customer database as some sort of right. for it to be right, there should be (i) possession (ii) ownership to ..... as given in section 2(14), 'property' of any kind held by an assessee....14. as held in cit v. national insurance co. ltd. , a property is a bundle of rights, which the owner can lawfully exercise to the exclusion of all others. ..... which hspl received compensation prior to the termination date at the rates set forth in the annex to this agreement or mutually amended from time to time. (5) hspl shall do all acts, deeds and things which may be necessary or desirable to ..... having its registered office at 69/al jagmohandas marg, bombay 400 006 (hspl). (a) tektronix, inc., a company incorporated in the state of oregon, usa, (tektronix) manufactures oscilloscopes and other instruments in the usa and other countries. (b) tektronix has entered into a .....

Dr. J.N. Mokashi Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1983)3ITD774(Mum.)

..... to the learned profession.22. an actress, architect, journalist and a headmaster can be called professional people, but not a film producer, insurance broker or stock broker. he reportedly stated that 'profession' calls for or requires specialised knowledge and implies long and intensive preparation and training and that it would not be proper to ..... may not be businesses.28. then again, establishment as per the shorter oxford english dictionary means more or less a place of business with furniture, fixtures, employees, etc. therefore, it is not necessary to construe the word 'concern' so as to confine it only to an organised business as distinguished from profession. ..... much ice. 'mischief rule' enjoins upon us to so interpret the section as to suppress the mischief and advance the remedy after studying the reasons for the amendment as reflected in the wanchoo committee findings. the 'mischief rule 'which we have, therefore employed to interpret section 64(1)(ii) would impart a meaning to .....

D.P. Mandelia Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1982)1ITD545(Mum.)

..... income for that previous year, and shall be liable to income-tax.the controversy is in respect of the provisions of clause (b). the rule states that the interest credited on the balance to the credit of the employee insofar as it exceeds one-third of the salary or the interest credited on the balance to the credit of the ..... not. the scheme of the act is to give encouragement for effecting savings. that is why deductions are allowed in respect of contributions made to the recognized provident funds, insurance premium, etc. on going through the rules pertaining to the recognition of a provident fund, it would be seen that except in rule 6(b), the legislature has provided ..... would show not hardships but absurdities. moreover, we cannot think that the legislature would have intended in such situation that tax should be paid. we consider that the amendment of rule 6(b) in 1981 was only to bring out the real intention of the legislature and did not involve any change in law as such.14. for .....

Agrima Project Engg. and Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1990)32ITD421(Mum.)

..... of finance (no.2) bill and concludingly the high court observed that, 'interpretation of a statutory provision is always a question of law on which reasons stated by the mover of the amendment can only be used as an aid in interpretation if we think, as 1 do in the instant case, that it helps us considerably in understanding ..... and caution, we like to mention that on the point of 80-o the reliance of the revenue stands discussed by the madras high court in madras motor & genearal insurance co. ltd. (supra) and additionally we have relied upon the circular issued by the central board of direct taxes, hence we are not discussing whether approval of central ..... all. whereas section 80ab deals with the other sections and that difference has been noticed in specific terms by the madras high court in the case of madras motor & general insurance co. ltd (supra). their lordships there held that in view of the decision of the supreme court in distributors (baroda) (p.) ltd.' s case (supra) the tribunal .....

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2000)241ITR43(Mum.)

..... into india in accordance with the law for regulating payments in dealings in foreign exchange. the memo explaining the provisions in finance bill, 1974, explaining the scope of amendment stated as follows : "the main objective of this tax concession is to encourage indian companies and resident non-corporate taxpayers to develop technical 'know-how' and make it ..... of the calcutta high court in the case of darbhanga marketing co. ltd. (supra) and the decision of the bombay high court in the case of new great insurance co. ltd. (supra). the calcutta high court had held that the aforementioned two decisions had not been overruled by the supreme court in the case of distributors (baroda ..... before us that whereas the calcutta high court decisions may not be binding upon this bench but the decisions of the bombay high court in the case of new great insurance co. ltd. (supra) and in the case of industrial investment trust co. ltd. (supra) not having been overruled by the supreme court in the case of .....

Lic of India Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)82ITD749(Mum.)

..... circumstance available to hold that interest on securities is intended to be taxed under the provisions of the interest-tax act (45/1974) as amended by finance act, 1992. as stated earlier, exclusion of interest on securities from the taxability to interest-tax act led to ambiguity. hence, the speech of the finance minster, ..... investment in government securities on the one hand, and loans and advances on the other. the distinction was clear in section 27a of the insurance act. further, insurance act itself distinguished between a loan company and an investment company and the definition given in public debt act was considered by all the decisions ..... making of loans were to be distinguished from investing in securities. section 27d provides for the manner and conditions of investment which could be prescribed by the insurance regulatory and development authority (regulatory authority for short). this provision, it was submitted, did not mean that the prescription could be only will regard to .....

Sbm Engg. Products (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)91ITD116(Mum.)

..... assessment, year 1985-86, the return could be filed within the time allowed under sub-sections (1). (2), (3) or (4) of section 139. the taxation laws (amendment) act, 1984 amended section 80 with effect from 1-4-1985 substituting the words 'under section 139' by the expression "within the time allowed under sub-section (1) of section 139 or ..... of these sections would automatically enable the assessing officer to be positive legal having helping hands instead of having the desire to punish the assessee. in the case of national insurance co.ltd. v. cit[1995] 21. 3 itr 862' (cal. ), the hon'ble high court held that 'section 139(9) begins with non obstante clause, 'not ..... the act. therefore, according to the learned cit(a), the provisions prescribed by section 80 shall apply to the assessee's case. the learned cit(a) has further stated that for the loss to be carried forward, it is mandatory that the return must be filed within the time prescribed under section 139(1) of the act. regarding .....