Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: income tax appellate tribunal itat delhi Year: 1989 Page 1 of about 18 results (0.064 seconds)

Jeevan Thread Mfg. Pvt. Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)40ITD152(Delhi)

..... the learned commissioner of income-tax (appeals) no doubt, has noted the facts and relation, but did not comment upon the operation of section 40a(2) of the act. this 'section was specifically applied by the income-tax officer and thus absence of this aspect by the learned commissioner of income-tax (appeals) is not ..... 1986] 157 itr 253, wherein it was said to have been held that stitching of readymade garments amounted to processing of goods within the meaning of section 2, sub-section (6)(d), of the finance act, 1968. the learned commissioner of income-tax (appeals) confirmed the assessment order on the point with the following observation : " similarly, in cit ..... that the payment was made due to business expediency. the learned income-tax officer, taking note of the situation and keeping in view the provisions of section 40a(2) of the act, made a disallowance of rs. 75,000, with the following observations ; "there appears discrimination between the sales made to messrs. navin bharat co. .....

Har Parshad and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)29ITD608(Delhi)

..... of the assessee-company and that she may not fall within the definition of the word relative, for the purpose of disallowance of expenditure under the provisions of section 40a of the it act, yet the fact remains that she was intimately connected with the management of m/s. harprashad & co.ltd. and she was one of its directors at ..... proceed to record them in the presence of the parties before us.2. the income-tax officer made the impugned assessment on 19-9-1984 under section 143(3) read with section 144b of the act. in this assessment he determined the total income of the assessee at rs. 34,95,840 as against the loss return of rs. 7,53, ..... ito for the year under appeal appearing at pages 29 to 32 and further special resolution passed on 12-10-1978 and the explanatory statement required under section 173(2) of the companies act, 1956 were brought to our notice.in particular agreement dated 19th july, 1978 was projected as the document evidencing service rendered by the commission agents for .....

income-tax Officer Vs. Republic Electricals Co.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)29ITD449(Delhi)

..... payment of any interest, salary, bonus, commission or remuneration made by the firm to any partner has to be disallowed by virtue of the provisions of section 40(6) of the act.this is a special provision made by the legislature and, therefore, on the principle of generalia specialibus non derogant, it must be accordingly applied to the ..... income from profits and gains of business or profession that has to be computed in accordance with the law laid down in sections 28 to 44 of the act.thus, in this fascicle of sections, it is section 40 that enumerates amounts, which shall not be deducted in computing the income chargeable under the head "profits and gains of business ..... include any person who, being a minor, has been admitted to the benefits of partnership.8. we also find that in the indian partnership act, 1932 partnership is defined in section 4. as per section 4 partnership is the relation between persons, who have agreed to share the profits of a business carried on by all or any of .....

Y.W.C.A. of India Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)29ITD620(Delhi)

..... levy of tax in the previous years. but this year the said exemption was declined on the ground that the requirements of section 12a were not satisfied. while section 11 of the income-tax act granted exemption on income derived from property held for charitable or religious purposes subject to certain conditions laid down therein, yet that ..... exemption was not absolute and it was made subject to the further conditions imposed under section 12a of the income-tax act. the conditions prescribed under section 12a are, to quote from its own language: (a) the person in receipt of the income has made an application for ..... institution after the expiry of the period aforesaid; (b) where the total income of the trust or institution as computed under this act without giving effect to the provisions of section 11 and section 12 exceeds twenty-five thousand rupees in any previous year, the accounts of the trust or institution for that year have been .....

income-tax Officer Vs. Girivanvasi Pragati Mandal

Court : Income Tax Appellate Tribunal ITAT Delhi

..... excluded except the provisions contained in the non obstante clause.thus, the non obstante clause will exclude the operation and applicability of every other provision in the act or the section, as the case may be, other than those that are provided for in the non obstante clause because the purpose of a non obstante clause is ..... account of the reason mentioned by the learned income-tax officer for imposing such penalty and also by keeping in view the provision of sub-section (3)(a) of section 271 of the act. since the facts did not admit of any further interpretation or conclusion, the setting aside of the issue to the learned appellate assistant commissioner ..... by the assessee and the learned appellate assistant commissioner mentioning that the learned income-tax officer was not justified in imposing the penalty and making mention of section 271 of the act, cancelled the penalty, observing that no penalty for late filing of the return could be imposed in such a case.17. the issue was brought .....

institute of Marketing Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1990)32ITD616(Delhi)

..... commission paid to miss molijit singh and miss erajit singh, daughters of dr.jagjit singh for services rendered to the society were also disallowable under the provisions of section 13 of the act.12. the cit(a) in the first appeal vide his order dated 24-3-1988 though agreed with the conclusion arrived at by the iac(a),namely, ..... the cit(a) that, (a) the activities carried on by the assessee trust were business activities yielding profits and gains within the meaning of the provisions of section 11 (4a) of the act and that consequently a sum of rs. 13,46,203 was income chargeable to tax, rejecting the assessee's claim that it was not carrying on any activity ..... contention in ground no. 1 is that the learned cit(a) erred in holding that the assessee was not entitled to total exemption under the provision of section 11 of the income-tax act, 1961 in respect of its total income derived during the accounting period ending 30-9-1983. the alternative contentions are that it has been wrongly held .....

Jhalani Tools (i) (P.) Ltd. Vs. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)31ITD81(Delhi)

..... the facts and in the circumstances of the case, the appellate tribunal erred in law in holding that the assessee was eligible for claiming weighted deduction under section 35b of the income-tax act, 1961 and expenditure on wrappers after bifurcation by the income-tax officer? 6. "whether on the facts and in the circumstances of the case, the ..... ] 4. "whether on the facts and in the circumstances of the case, the appellate tribunal erred in law in holding that for the purposes of section 43(1) of the income-tax act, 1961, the central subsidy received by the assessee for the assessment years under reference were not to be reduced from the cost of fixed assets for ..... mentioned in the last column of the above table. he held that 55% of the entire cash receipts representing revenue receipts were taxable as income under section 28(iv) of the income-tax act, 1961. he noticed that ccs was paid to the exporter with reference to the value of exports and therefore, the payments arose directly from the .....

income-tax Officer Vs. Dalmia Dairy Industrses Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)31ITD549(Delhi)

..... the customers was not even in contemplation.23. the argument of the learned counsel for the assessee is based on section 64a of the sale of goods act and section 72 of the contract act. section 64a of the sale of goods act reads as under: 64-a. in contracts of sale, amount of increased or decreased taxes to be added or deducted ..... has any fiduciary relation with respect to its customers.26. even if any liability may arise against the assessee by virtue of section 64a of the sale of goods act or section 72 of the indian contract act, that would not be a statutory liability. such a liability would be merely contractual liability and, as shown above, a person ..... dispute regarding liability for loss in forward transaction the loss was allowable in the year in which the dispute was settled.27. section 72 of the indian contract act and section 64a of the sale of goods act do not automatically raise an enforceable demand against the assessee. at the most, they give a right to a purchaser to .....

Smt. Rattan Mala JaIn Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)31ITD62(Delhi)

..... kumar jain is a partner in kishan flour mills as a representative of the persons constituting m/s sumat prasad jain & co. exemption under section 5(1)(xxxii) of the wealth-tax act is available to a person in respect of the value of the interest of the assessee in the assets forming part of an industrial undertaking ..... on which the aforesaid exemption was available and the assessee appealed to the aac.3. the aac thought that the assessee was not entitled to any exemption under section 5(1)(xxxii) and, he, therefore, issued enhancement notices to the assessee proposing to withdraw the exemption and he ultimately withdrew the exemption. as a result ..... jain & co., of which the assessee is a partner. we, therefore, agree with the authorities below that the assessee was not entitled to exemption under section 5( 1)(xxxii) of the wealth-tax act.9. the assessee having failed on the main issue, the consequential contention regarding the quantification of the amount of exemption becomes redundant. .....

Dr. M.G.K. Menon Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)31ITD86(Delhi)

..... or betting of any form or nature what-so-ever will be regarded as income for purposes of the income-tax act [section 3(b)(ii) of the finance act]. it should, however, be noted that receipts, which arc of a casual and non-recurring nature, will be liable to income-tax only if they ..... it to any extent. it is not a receipt by way of addition to the remuneration of an employee, within the meaning of that expression in section 10(3) of the income-tax act, 1961. we are in agreement with the contention of the learned counsel for the assessee that the receipt in question was purely casual and nonrecurring, but ..... termed as casual income. we cannot do anything better, than to extract a few lines from the said explanatory notes: -- (1) the definition of "income" in section 2(24) of the income-tax act has been amended to specifically provide that winnings from lotteries, crossword puzzles, races including horse races, car games and other games of any sort or from gambling .....