Court : Chennai
Decided on : Dec-12-2006
Reported in : (2007)211CTR(Mad)99
..... valuation date is 31.03.2001. no wealth-tax return was filed by the assessee under section 16(1) of the wealth-tax act ('act' in short). the revenue had information to the effect that the assessee having taxable wealth. hence, notice under section 17 was issued to the assessee calling for the wealth-tax return. in response to the notice ..... the revenue submitted that the authorities below failed to note that, in the land at velachery, chennai, there were three magazines (fireworks godown) and when the assessee surrendered explosive licence in respect of one magazine and renewed only in respect of two magazines, the c.w.t.(a) ought to have held that the magazine in respect of ..... . as per the agreement dated 25.05.2001, the purchaser is entitled to enter the land only after the agreement date. further, the assessee has renewed its two explosive licences upto 31.03.2002. merely because one licence was surrendered, that too, after the end of the valuation date, it could not be held that the land .....
Tag this Judgment!Court : Chennai
Decided on : Jan-18-2006
Reported in : (2006)201CTR(Mad)13; [2006]282ITR389(Mad)
..... india.on a plain reading of the provision, it is clear that what the provision stipulates is that 'profits of the business' for the purpose of section 80hhc of the act mean the profits of the business as computed under the head 'profits and gains of business or profession'. while computing such profits under the head 'profits ..... (baa) of the explanation to section 80hhc of the act. the said clause reads as follows :(baa) 'profits of the business' means the profits of the business as computed under the head 'profits and gains ..... 6,59,946 and not receipt and hence there is no question of excluding any amount out of such net interest payments while computing the deduction under section 80hhc of the act.5. we heard the contention advanced by both the parties. the entire controversy centres around the meaning to be assigned to the language employed in clause .....
Tag this Judgment!Court : Chennai
Decided on : Jan-20-2006
Reported in : [2006]284ITR687(Mad)
..... of the amount of compensation received, both under section 10(10c) and section 89(1) of the it act.3. the ao granted exemption as envisaged under section 10(10c) of the act, but denied the exemption under section 89(1) of the act, on the ground that once exemption under section 10(10c) is allowed, section 89(1) cannot be invoked. on appeal ..... at the instance of the assessee, the cit(a), taking the view that it is possible to interpret the sections both ways, ..... a particular assessment year. there was no prohibition to the twin benefits in respect of the amount received under the voluntary retirement scheme. the relief contemplated under section 89(1) is aimed to mitigate hardship that may be caused on account of the high incidence of tax due to progressive increase in tax rates. .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-2006
Reported in : AIR2006Mad218; 2006(1)ARBLR548(Madras); 2006(1)CTC433; (2006)1MLJ506
..... to set out briefly the relevant facts that have given rise to this appeal.2. an application was filed by the appellant against the respondents under section 9 of the act to grant an order of interim injunction restraining the respondents and their men from in any way alienating or encumbering the property belonging to the second respondent ..... of the application before the learned single judge on the ground that the claim amount is less than rs. 10 lakhs and, as such, the application under section 9 of the act ought to have been filed only before the principal judge, city civil court, chennai and not before this court. the learned single judge inter alia held ..... city civil court. consequently, the objection raised by the registry was upheld and the petition was directed to be returned for presentation to proper court.3. under section 9 of the act, a party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced, can move .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-2006
Reported in : (2006)205CTR(Mad)638
..... 20 per cent. this was not accepted by the assessing officer, who has stated that the down payments are in the nature of lump sum payment attracting section 9(1)(vi) of the act, wherein it is stated that the lump sum payments are to be treated as royalty and therefore, to be taxed at 30 per cent, and not ..... both the authorities have also found that wherever there is a double taxation avoidance agreement, the definition contained in those articles should prevail over the definition under the income-tax act, 1961, in respect of 'royalties' and 'fees for technical services'. they have also referred to para. 5 of the exchange of notes between the government of federal ..... of the double taxation avoidance agreement with germany and especially, articles 12(3) and 12(4) of the said agreement and the definition of 'royalty' under the income-tax act 6. we have heard learned counsel appearing for the revenue.7. on a perusal of the order of the commissioner of income-tax (appeals) as well as the tribunal .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-2006
Reported in : 2006(1)CTC379
V. Dhanapalan, J.1. The petitioner is a student seeking admission to 3 year B.L. Degree course in the Government Law College, Coimbatore.2. The petitioner studied in Government Higher Secondary School, Udumalpet and passed in the Higher Secondary Examination held in March 1992. He joined the course of Diploma in Teacher's Training Education in 1992-93 in Islamic Teacher Training Institute, Kaniyur, Udumalpet. He did that course for nine months and he could not continue the course for want of recognition by the Institute. Then, the petitioner had struggled for his very livelihood and in the meanwhile, he completed the Diploma Course in Cooperative Training. Later, he joined M.Com in Annamalai University under Open University System and completed the course in May 2005 with 56.6% of marks in second class.3. Later, the petitioner applied for 3 year B.L. Course Entrance Examination conducted by the Tamil Nadu Dr. Ambedkar Law University. In the Prospectus, it has been clearly mentioned tha...
Tag this Judgment!Court : Chennai
Decided on : Jan-24-2006
Reported in : 2006(2)CTC368; (2006)2MLJ564
..... of such vehicle or attached thereto except or loss or damage arising directly from fire, explosion, self ignition or lightning or burglary, housebreaking or theft.b) under section ii except so far as is necessary to meet the requirements of the motor vehicles act, 1988, in respect of liability incurred by the insured arising out of the operation as ..... case, since condition no. 37 was specific to the effect that the insurance company shall be under no liability under section ii except so far as is necessary to meet the requirements of the motor vehicles act, 1988 in respect of liability incurred by the insured arising out of the operation as a tool of such vehicle or ..... would be justified in preferring that construction to the other which may not be able to further the object of the act. but on the other hand, if the words in the section are reasonably capable of only one construction, the doctrine of liberal construction can be of no assistance.21. therefore applying the above well settled .....
Tag this Judgment!Court : Chennai
Decided on : Jan-25-2006
Reported in : [2006]285ITR297(Mad)
..... the authorities below had given a factual finding that the assessee never claimed deduction under section 43b of the act and therefore, section 43b of the act is not applicable.8. the learned counsel appearing for the revenue relied on the decision in cit v. southern explosives co. : [2000]242itr107(mad) . the issue in that case is whether sales-tax collected can be considered as ..... a trading receipt or not. in the instant case, the issue is whether the addition can be made under section 43b of the act or not. the decision referred supra has no relevance and .....
Tag this Judgment!Court : Chennai
Decided on : Jan-25-2006
Reported in : AIR2006Mad159; 2006(2)CTC131; (2006)1MLJ418
..... the madras high court (establishment of a permanent bench at madurai) order, 2004 was made by the president of india in exercise of powers conferred by sub-section (2) of section 51 of the states reorganisation act, 1956 (37 of 1956), whereby the establishment of a permanent bench of madras high court at madurai was made with judges of the madras high court ..... or disposal to any court subordinate to it and competent to try or dispose of the same;17. true it is, that the word high court under section 3(25) of the general classes act is defined as, 'high court', used with reference to civil proceedings shall mean the highest civil court of appeal in the part of india in which the ..... who is the respondent in h.m.o.p. no. 32 of 2004 on the file of sub-judge, pattukottai for restitution of conjugal rights filed under section 9 of the hindu marriage act by the respondent, seeking for a transfer of the same from the sub-court, pattukottai to the family court at salem, on the ground of her physical .....
Tag this Judgment!Court : Chennai
Decided on : Jan-27-2006
Reported in : [2007]290ITR660(Mad)
..... turnover' or the definition under the sales-tax laws or the case law dealing with the definition of turnover under the state levy cannot be imported into section 80hhc of the act, particularly, when such expressions are incorporated and explained in the provision itself. sales-tax and excise duty are not to be included in the total turnover ..... years the assessee has not included the excise duty and sales-tax collection for the computation of total turnover, for computation of deduction under section 80hhc of the it act (hereinafter referred to as 'the act'). the ao negatived the contention of the assessee, added the excise duty and sales-tax to the total turnover while computing income for ..... the purpose of deduction under section 80hhc of the act. also, the ao made addition of rs. 10 lakhs in relation to asst. yrs. 1986-87 to 1993-94 on account of scrap sales and .....
Tag this Judgment!