Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: income tax appellate tribunal itat delhi Year: 2006 Page 3 of about 82 results (0.090 seconds)

Assistant Commissioner of Income Vs. Apollo Tyres Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)102TTJ(Delhi)15

..... revenue, if they are so aggrieved, could challenge order of special bench through a writ petition before the high court. he maintained that tribunal under section 254(2) of it act had no jurisdiction to rectify the mistake.7. in rebuttal, the learned departmental representative controverted various submissions made by shri sharma, the learned counsel on ..... question is considered and decided by the special bench in the process of "disposing" an appeal, any order passed by the special bench is order under section 254 of the it act. it is part and parcel of the order disposing of appeal. therefore, order passed by the special bench, if it contains mistake apparent from record ..... , can be rectified under section 254(2) of the it act. having regard to the scheme of disposal of appeals by the tribunal, we do not see any impediment in the special bench rectifying apparent mistake .....

Hanemp Properties Pvt. Ltd. Vs. Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101ITD19(Delhi)

..... of undisclosed income. the very purpose of bringing chapter xivb on the statute was to bring to tax undisclosed income. "undisclosed income" has been defined under section 158b(b) of the act which is based on the entry in the books of account or other documents or transactions which are seized at the time of search, which had not ..... to be bad in law, in view of the provisions of section 142a of the act inserted by the finance (no. 2) act, 2004 with retrospective effect from 15.11.1972.11. we are now left with the argument of the learned counsel for the assessee based ..... absence of direct evidence the valuation report made by the departmental valuer cannot lead to the assessment of any undisclosed investment within the meaning of section 69, 69a, 69b and 69c of the act. we may also state here that in our opinion the reference made by the learned assessing officer to the departmental valuation cell cannot be held .....

Anupam Synthetics (P) Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)104TTJ(Delhi)119

..... payment only for services rendered by mr. vakil during the course of business operations and for business activities and therefore the deduction for business promotion was allowable under section 37 of the act. in support of his argument the learned counsel placed reliance on the decision reported in cit v. navsan cotton and silk mills ; cit v. indian cements ..... facts and is illegal.10.1. the learned cit(a)has adjudicated the issue by observing as under: regarding the disallowance of deduction of rs. 31,288 under section 80g, the ao has added the donation claimed at rs. 69,091 in the computation of income. however, during the course of appellate proceedings, the appellant has ..... of commission of rs. 12,54,388. he, thus, held that in absence of evidence to establish that the commission was paid for business purpose, the deduction under section 37 could not be allowed. in reaching to this conclusion he relied upon the decisions in the cases of swadeshi cotton mills co.ltd. v. cit ; and .....

Deputy Commissioner of Vs. Delhi Press Samachar Patra (P.)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101ITD253(Delhi)

..... and considered by the learned cit(a) at pages 3 and 4 of the order. the learned cit(a) thereafter considered provisions of section 80-i of it act including sub-sections (1), (2) and (9) of the section. he analyzed above provisions in the light of the decision of itat, chandigarh bench in the case of punjab concast steels ltd., as ..... difference of opinion on these points with my learned brother, i express my concurrence with his view.6. against the main issue of disallowance of deduction under section 80-i of the act, assessee preferred an appeal before the cit(a) and the cit(a) accepted the claim of the assessee after giving specific finding that the assessee has rightly ..... (a) analysed the working of various units and held that the allocation of expenses by the assessee had a rationale and accordingly the claim of deduction under section 80-i of the act was justified. while doing so, the cit(a) also observed that if any loss for earlier years remains to be set off the assessing officer will .....

Slocum Investment P. Ltd. (Now Vs. the Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of the appellate tribunal. that the rules are merely procedural in character and do not, in any way, circumscribe or control the power of the tribunal under section 33(4) of the act.(section 254(1) of act of 1961).176. the honorable supreme court in the case of national thermal power corporation 229 itr 383 has laid down that (a) it is the ..... on the basis of this new plea. it has been held in the case of hukumchand mills (supra) that the tribunal has sufficient power under section 33(4) of the act, 1922 (section 254(1) of the act of 1961) to entertain a new argument by the revenue and that rules 12 (present rule 11 of itat rules) and 27 are not exhaustive ..... the part of the parents of minor children to club the income of minors in their hands. no such provision was available vis-a-vis the provisions of section 92 of the act. even assuming section 92 can be applied in a given case since the assessee and the two other companies in the present case, disclosed the capital gain on transfer of .....

Slocum Investment (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101TTJ(Delhi)558

..... powers of the tribunal. that the rules are merely procedural in character and do not, in any way, circumscribe or control the power of the tribunal under section 33(4) of the act. (section 254(1) of act of 1961).176. the hon'ble supreme court in the case of national thermal power corporation (supra) has laid down that (a) it is the discretion ..... the assessee, m/s hclcl and m/s snipl to m/s wipl was not made at arms length price resulting into evasion of tax as envisaged in section 92. section 92 of the it act, as it stood at the relevant point of time when the shares of m/s hcl consulting ltd. were sold by the assessee, m/s hclcl and m ..... on the part of the parents of minor children to club the income of minors in their hands. no such provision was available vis-avis the provisions of section 92 of the act. even assuming section 92 can be applied in a given case since the assessee and the two other companies in the present case, disclosed the capital gain on transfer of .....

Modi Corp. Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)105TTJ(Delhi)303

..... proceedings for assessment of income in the case of death of different assessees. in the case of a company which is in liquidation, the provisions of section 178 of the act providing for assessment in the hands of a liquidator, was referred to. the tribunal then referred to the distinction in law between liquidation and winding up and ..... before the tribunal one of the questions that arose for consideration was as to whether a company whose name was struck off the register by roc under section 560 of companies act, 1956 and therefore, stood dissolved, could be assessed to tax after dissolution the tribunal held that existence of the person sought to be taxed at the ..... the ito found that the two companies had not declared any dividends and he was of opinion that proceedings had to be initiated against these companies under section 23a of the indian it act, 1922, for the asst. yr. 1960-61. he therefore, proceeded to issue notices in the names of the two companies and in reply thereto a .....

Bindal Apparels Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)104TTJ(Delhi)950

..... director (inv.) has the requisite jurisdiction to authorize any officer to effect search and seizure in purported exercise of power conferred upon him under section 132 of the act.sub-section (21) of section 2 of the act which defines "director general or director" included an addl. director of it or a jt. director of it or asstt. director or ..... be an addl. cit as well.since the parliament has used article "the" before the authorities specified in the definition clause given in sub-section (7a) of section 2 of the act, it becomes imperative that such powers and functions are to be exercised or performed by that authority alone and not by any other person by ..... means he is authorized to exercise the powers and functions of the ao. we, therefore, reproduce the relevant provisions of sub-section (4) of section 120 of the act.sub-section (4) "without prejudice to the provisions of sub-sections (1) and (2), the board may, by general or special order, and subject to such conditions, restrictions or .....

Ongc Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)107TTJ(Delhi)551

..... purely for 'technical services' offered in connection with assessment (inspection) of internal damages to cpi units of shg platform. according to him provisions of section 44d r/w section 115a of the act were attracted.4. in assessment proceedings before the ao, the assessee claimed that the services rendered by nrc are directly connected with the exploration for ..... the benefit of circular cannot be extended to it.accordingly, the ao held that the services provided by the assessee are technical services covered by section 44d r/w section 115a of the act and thus he completed the assessment at an income of rs. 1,47,786.5. before the learned cit(a), the appellant filed written ..... service rendered by the appellant, the consideration so received has to be treated as "fee for technical services" within the meaning of section 9 of the act and as such section 44d of the act is found to have rightly been applied for making assessment of income in this case. finding no merit in the first ground in .....

Asian Hotels Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101ITD247(Delhi)

..... such as not to be considered to be current repairs, viz., accumulated repairs etc., the assessee may claim deduction thereof under the provisions of general section 37(1) of the act. however, under no circumstances an expenditure of capital nature incurred by the owner on the building premises used by him for the purpose of business can ..... direction seems to be clear, namely, that the expenditure was capital in nature and, therefore, in any event, would not have been entitled to deduction under section 37 of the act. question no. 3, therefore, is also answered in the affirmative and in favour of the revenue.32. from the various judgments cited in the foregoing paragraphs, ..... such replacement cannot be regarded as current repairs. the replacement may amount to renovation or repairs which may or may not be entitled to deduction under section 37 of the act but such an expense has been rightly held by the tribunal as not being allowable as deduction under the said head 'current repairs'.as to the .....