Array ( [0] => ..... disposed of by the hon'ble high court on 27.8.2001. relevant portion of the order is extracted below: "notice issued under section 28 and section 111 of the customs act, 1962 (in short the act) is assailed in this writ petition. learned solicitor general, on instructions submits that the notice may be treated to be one for the ..... purpose of finalisation of the assessment in terms of section 18(2) of the act." the writ petition was disposed of on the basis of the above submission made by the learned solicitor general.6. in the meantime, a second show ..... they were importing goods from joseph e seagram & sons, scotland, a related party. the goods were cleared on the basis of provisional assessment in terms of section 18 of the customs act, 1962. thereafter the dri conducted certain inquiries and a show cause notice dated 19.12.2000 was issued covering 186 bills of entry during the period january ..... [1] => ..... have been allowed because the seminars were conducted for the assessee's employees only, therefore, it cannot be treated as entertainment expenses for the purpose of section 37(2a) of the act. in support of his contention, he relied upon the following judgements:- 30. the dr, on the other hand, has submitted that in tax audit ..... he further contended that provisions of section 43b(d) of the act are not attracted since the interest is payable to the govt. of india. which operates and controls sugar development fund and not to any financial ..... basis of which profits or gains are computed under the head profits and gains of business and profession. having regard to this definition of paid in section 43(2) of the act, deduction has to be allowed in respect of interest accrued even though not due whether the mercantile basis of accounting is followed by the assessee. ..... [2] => ..... was not touched by the ao, the cit(a) during the pendency of appellate proceedings issued a notice to the assessee u/s 251(1)(a) read with section 251(2) of the it act calling upon the assessee to file objections, if any, because he proposes to enhance the income for the block period by 30 lakhs in the form of undisclosed ..... block income as made by the ao at rs. 2,08,14,824/- which is misconceived and erroneous and contrary to the provisions of section 132 r.w. section 150 bb and section 158c(b) of the income tax act, 1961 and in derogation of the cited tribunal and high court decisions; 2. in the cit(a) confirming the action of the ao ..... for acting upon the diary is the truth of the statement recorded in the diary which affairs tallies with the books of account. this is another piece of corroborative evidence which suggests that the entries in the diary are correct and, therefore, we once again say that it is a primary evidence. apart from this, in accordance with the provision of section ..... [3] => ..... amount was paid separately to the firm or the partners on account of goodwill or on account of revaluation of assets. therefore, the provisions of section 45(4) of the it act r/w section 112 of the act are not applicable on the facts of the present case.3.7 on similar facts, the hon'ble bombay high court in the case of ..... 48 itr 483 (pat), the cit(a) held that there is no transfer of capital asset from the firm to the company and, therefore, the provisions of section 112 of the it act r/w section 45(4) cannot be applied, and accordingly it was held that the ao wrongly brought the amount to capital gain. thus, the addition made by the ao ..... .accordingly, no capital gain arises. however, the ao was not satisfied.in his view, the firm has transferred its assets and liabilities to the company, therefore, provisions of section 45(4) of the act were applicable. while holding so, the ao placed reliance on various decisions, reported in (1989) 177 itr 98 (sic); cit v. r.r. ramaknshna pillai (1967) ..... )
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-25-2003
Reported in : (2003)(87)ECC638
..... disposed of by the hon'ble high court on 27.8.2001. relevant portion of the order is extracted below: "notice issued under section 28 and section 111 of the customs act, 1962 (in short the act) is assailed in this writ petition. learned solicitor general, on instructions submits that the notice may be treated to be one for the ..... purpose of finalisation of the assessment in terms of section 18(2) of the act." the writ petition was disposed of on the basis of the above submission made by the learned solicitor general.6. in the meantime, a second show ..... they were importing goods from joseph e seagram & sons, scotland, a related party. the goods were cleared on the basis of provisional assessment in terms of section 18 of the customs act, 1962. thereafter the dri conducted certain inquiries and a show cause notice dated 19.12.2000 was issued covering 186 bills of entry during the period january .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jul-05-2003
..... have been allowed because the seminars were conducted for the assessee's employees only, therefore, it cannot be treated as entertainment expenses for the purpose of section 37(2a) of the act. in support of his contention, he relied upon the following judgements:- 30. the dr, on the other hand, has submitted that in tax audit ..... he further contended that provisions of section 43b(d) of the act are not attracted since the interest is payable to the govt. of india. which operates and controls sugar development fund and not to any financial ..... basis of which profits or gains are computed under the head profits and gains of business and profession. having regard to this definition of paid in section 43(2) of the act, deduction has to be allowed in respect of interest accrued even though not due whether the mercantile basis of accounting is followed by the assessee. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Aug-07-2003
Reported in : (2004)89ITD14(Delhi)
..... was not touched by the ao, the cit(a) during the pendency of appellate proceedings issued a notice to the assessee u/s 251(1)(a) read with section 251(2) of the it act calling upon the assessee to file objections, if any, because he proposes to enhance the income for the block period by 30 lakhs in the form of undisclosed ..... block income as made by the ao at rs. 2,08,14,824/- which is misconceived and erroneous and contrary to the provisions of section 132 r.w. section 150 bb and section 158c(b) of the income tax act, 1961 and in derogation of the cited tribunal and high court decisions; 2. in the cit(a) confirming the action of the ao ..... for acting upon the diary is the truth of the statement recorded in the diary which affairs tallies with the books of account. this is another piece of corroborative evidence which suggests that the entries in the diary are correct and, therefore, we once again say that it is a primary evidence. apart from this, in accordance with the provision of section .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : May-20-2003
Reported in : (2004)82TTJ(Delhi)575
..... amount was paid separately to the firm or the partners on account of goodwill or on account of revaluation of assets. therefore, the provisions of section 45(4) of the it act r/w section 112 of the act are not applicable on the facts of the present case.3.7 on similar facts, the hon'ble bombay high court in the case of ..... 48 itr 483 (pat), the cit(a) held that there is no transfer of capital asset from the firm to the company and, therefore, the provisions of section 112 of the it act r/w section 45(4) cannot be applied, and accordingly it was held that the ao wrongly brought the amount to capital gain. thus, the addition made by the ao ..... .accordingly, no capital gain arises. however, the ao was not satisfied.in his view, the firm has transferred its assets and liabilities to the company, therefore, provisions of section 45(4) of the act were applicable. while holding so, the ao placed reliance on various decisions, reported in (1989) 177 itr 98 (sic); cit v. r.r. ramaknshna pillai (1967) .....
Tag this Judgment!