Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: income tax appellate tribunal itat chandigarh Year: 2006 Page 1 of about 13 results (0.093 seconds)

Joint Commissioner of Vs. Kwality Cafe and Restaurant (P.)

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)105ITD169(Chd.)

..... on behalf of foreign principals and bought and sold on its own account. under an unwritten agreement which was terminable at will the appellant acted as sold agents and distributors of explosives manufactured by the imperial chemical industries (export) ltd. that agency was terminated and by way of compensation the imperial chemical industries (export) ltd ..... 1982. it was contended that there was no breach of contract insofar as there was no violation in terms of the trade marks act, 1958/1999 in particular section 34 of the act. our attention was invited to delhi high court judgment in senor laboratories ltd. v. jagsonpaul pharmaceutical air 1922 delhi 102 para 9 ..... that in the alternative the assessee having incurred expenditure for the acquisition of trademarks and also having paid advertisement expenses, the amount received was assessable to tax under section 41. in support, reliance was also placed on the decision of the supreme court in the case of polyflex (india) (p.) ltd. v. cit . .....

The J.C.i.T., Special Range-1 Vs. Kwality Cafe and Restaurant (P)

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... on behalf of foreign principals and bought and sold on its own account. under an unwritten agreement which was terminable at will the appellant acted as sold agents and distributors of explosives manufactured by the imperial chemical industries (export) ltd. that agency was terminated and by way of compensation the imperial chemical industries (export) ltd ..... disclosed by the assessee for goodwill was not sufficient as it was without any basis. it was further contended that the amendment in section 55(2)(a) and section 32 of the act clearly indicate the legislative intent. it was accordingly pleaded that the appeal of the revenue may be allowed.20. we have given our ..... in the alternative the assessee having incurred expenditure for the acquisition of trade marks and also having paid advertisement expenses, the amount received was assessable to tax under section 41. in support, reliance was also placed on the decision of the supreme court in the case of polyflex (india) pvt. ltd. v. cit 257 .....

The A.C.i.T. Vs. Aggarwal Construction Co.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... the total contract receipts at rs. 1,55,72,788 vide return of income filed on 27.3.2002. the assessing officer initialed penalty proceedings under section 271a of it act by stating that the assessee had not furnished the audit report along with the return of income. the assessing officer stated that the assessee is having ..... above circumstances, i see no justification for upholding levy of penalty in this case. the provisions which the revenue can rely upon is sub-section (2) of section 44aa of the act which enjoins upon the assessee to keep and maintain such books of account and other documents as may enable the assessing officer to compute his total ..... sheet and other documents as per the requirement of the provisions of law, clearly indicating the contravention of various provisions of the act like section 269ss, 269t, section 40(a)(3) and other provisions of the act.therefore, net accretion to the asset of the business could not be determined by the assessing officer on the basis of .....

D.N. Thakur Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)105ITD692(Chd.)

..... from the company to the assessee and the element of lottery was not involved. my attention was invited to the definition of the 'lottery' under section 2(24)(ix) of the act and it was contended that the receipt of matiz car from the company was neither a lottery nor involving any other sort, the same being exclusively ..... of the matiz car as winning from lottery.6. the learned departmental representative, on the other hand, invited my attention to the explanation to section 2(24)(ix) of the income-tax act, 1961 and contended that scratch card scheme is included in the definition of the 'lottery'. it was contended that the decision of the karnataka ..... the scope of definition of 'income'. prior to april, 2002, there was no definition of lottery under the income-tax act, 1961. so however, in the finance act, 2001 an inclusive definition was provided by insertion of an explanation below section 2(24)(ix) which reads as under: (i) 'lottery' includes winnings, from prizes awarded to any person by .....

Punjab State Industrial Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)292ITR268(Chd.)

..... are deducted. if shares on which dividend is received are purchased with borrowed funds, then interest paid can be deducted while computing dividend income under section 57 of the it act and deduction under section 80m is to be allowed accordingly. but the pertinent question is to find nexus between expenditure and income. in the above referred to case, ..... case of distributors (baroda) (p) ltd. (supra). further the decision has been given on peculiar facts of the case and on interpretation of section 80-i, sections 66 and 110 of it act. further the decision pertains to business income. there can be no dispute that where there is no prohibition under the statute and accounts are mixed for ..... the position may be different.8. thereafter some more decisions are noted at the end of p. 16 of the proposed order and reference is made to section 58 of it act which admittedly has no application in the present case. the principle laid down in the case of vijaya laxmi sugar mills (supra) or case of seth r .....

Assistant Commissioner of Vs. Shiv Shankar Rice Mills

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)101ITD288(Chd.)

..... another in consideration of price paid or promised or other valuable consideration. but that is not the meaning of 'sale' in the sale of goods act, 1930. under section 4 of the sale of goods act, a transaction is called sale only where for money consideration property in goods is transferred under a contract of sale. a contract of sale between ..... can be considered as sale? the essential component of the sale is the transfer of the property in goods to the buyer for a price. sub-section (1) of section 4 of the sale of goods act defines the sale and agreement to sale which reads as under: 4. sale and agreement to sell (1) a contract of sale of goods ..... of taking such milling/ lease charges as part of cost of production, hypothetically treated it the internal sales and consequently denied the benefit of deduction under section 80hhc of the income-tax act. it was further stated that such type of lease settlement did not fall within the definition of sales as had been held by the hon'ble supreme .....

Acit, Cc-iv Vs. Sweety Traders

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... . as such, it seems that the id cit(a) has not gone into merits of the case, specially when section 158 bb of the act speaks about any document.5. however, keeping in view the principles of natural justice that no person should be condemned unheard ..... merits of the case. thus, the finding of the ld cit(a) is not correct. our attention was invited to section 158 bb of the act. reliance was placed on the decision of the hon'ble jurisdictional high court pronounced in 265 itr 642 and 74 itd ..... off.2. the brief facts in the present appeal are that search was conducted on 23.2.2002. notice under section 158bc of the act was issued on 22.10.2003 as per which the assessee was required to file the return.the assessee filed the ..... .11.2003 declaring undisclosed income at rs. nil. the return filed by the assessee in response to notice under section 158bc of the income-tax act was in time. thereafter the assessing officer issued a detailed questionnaire.during the course of block assessment proceedings, the .....

income Tax Officer Vs. Kuldeep Sood Enterprises

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)103TTJ(Chd.)573

..... finally heard or disposed off.2. the only ground raised by the revenue pertains to deleting the penalty of rs. 2,96,340 imposed by the ao under section 271(1)(c) of the act as ground nos. 2 and 3 being general in nature, requires no deliberation from our side.3. during arguments, we have heard smt. preeti garg, learned senior ..... on the following grounds: 1. that the learned cit(a)-ii, ludhiana has erred in deleting the penalty of rs. 2,96,340 imposed by the ao under section 271(1)(c) of the it act, 1961. 2. that the order of the learned cit(a) be reversed and that of the ao be restored. 3. that appellant craves leave to add or ..... builders v. asstt. cit . the expression that "has concealed the particulars of income" and "has furnished inaccurate particulars of income" have not been defined either in section 271(1)(c) or elsewhere in the act. one thing is certain that these two circumstances are not identical in detail although they may lead to the same effect, i.e., keeping of certain portion .....

Vesta Investment and Trading Co. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)104TTJ(Chd.)284

1. a consolidated order in 48 departmental appeals was passed on 7th april, 2005. the assessee has filed application under section 254(2) of the it act, 1961 pointing out certain mistakes in the order. the mistakes have been classified in three categories, namely, (a) typographical errors, (b) decision of the coordinate ..... bench, the learned counsel for the applicant-assessee has filed written submissions to support the contention that the bench of the tribunal does not lose its power under section 254(2) to rectify any mistake apparent from record merely because the high court has admitted an appeal in regard to substantial question(s) of law. the ..... the case of dalhousie investment trust co. ltd. (supra), it was permissible to the ito to examine the issue afresh. during the course of assessment proceedings under section 143(3), the ao had asked the assessee to establish the initial intention and the basis for treating the shares under investment portfolio. it seems the respondents had .....

The A.C.i.T., Range Vi Vs. Sh. Balbir Chand Maini

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)111TTJ(Chd.)160

..... to bring to tax any other item of income which may have escaped assessment and which comes to his notice during the course of the proceedings under section 147 of the act. however, for this purpose, he cannot be allowed to make fishing inquiries to probe if any other income had escaped assessment or not. such inquiries ..... be decided whether a particular-income falls under the head "business income" or "income from other sources". the assessee was only sent on intimation under section 143(1) of the act and the question of examination of the material by the assessing officer did net arise at that stage. thus, there was no question of change of opinion ..... the return: (iii) such income has been made the subject of excessive relief under this act; or (iv) excessive loss or depreciation allowance or any other allowance under this' act has been computed.] 24. it is evident from the language of section 147 that the assessing officer is not only empowered to assess the income which had escaped .....