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 7 of about 82 results (1.035 seconds)

Asstt. Cit Vs. Doon Valley Motors

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the duty of the court to see to it that the instructions, which are binding upon the revenue authorities, being issued in exercise of their powers under section 119 of the act, are followed by them. in this connection, it would be relevant to extract the observations of hon'ble supreme court in the case of union of ..... revenue to prove that assessee has incurred any expenditure in respect of which payment has been made to any person referred to in clause (b) of section 40a(2) of the act and the assessing officer found that such expenditure is excessive or unreasonable having regard to the fair market value of goods, services or facilities for which payment ..... . he further relied on the detailed findings of the learned cit (appeals) with regard to reasonableness of the payments made to the persons falling under section 40a(2)(b) of the act.8. we have considered the rival contentions carefully gone through the order of the lower authorities and also deliberated on the case laws cited by learned .....

Ongc Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... production of mineral oil and, therefore, receipt in this respect was chargeable to tax under the provisions of section 44bb of the act and in support thereof he relied upon the decision of itat in the case of agland investment services inc. v. income tax officer (1985) 22 ..... officer was of the opinion that the services and activities by nrc were technical in nature and are covered under the provisions of section 44d, read with section 115a of the income tax act.5. on appeal before the commissioner (appeals), the assessee contended that this training was in connection with the exploration, extraction and ..... the case in rejecting the appellants contention that the receipts of the non-resident were taxable under section 44bb of the income tax act, 1961 (act) and no as fees for technical services under section 44d, read with section 115 of the act." 3. since the facts involved in both these appeals are identical except variation in amounts, we .....

Assistant Commissioner of Income Vs. Graphic Era Educational Society

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)108TTJ(Delhi)608

..... is a society registered on 3rd sept., 1996 by registrar of firms, societies & chits, uttar pradesh, garhwal region, dehradun. the society is also registered under section 12a of the it act vide cit's order dt.31st may, 1999. the objects of the society are as under: (a) advancement, promotion and spread of computer education, higher professional ..... is no allegation by the department that the funds have been siphoned off. the cit should not have withdrawn the registration granted to the assessee under section 12aa of the it act. the tribunal has thus reversed the decision of cit, dehradun.7. in the instant case, according to the ao, this educational society is charging ..... the assessee is rendering services of education to the general public, therefore, its activities clearly fall within the ambit of charitable purpose as defined under section 2(15) of the it act, 1961. charging of fee does not in anyway dilute the aspect of charitable purpose. it is the end use and spirit and objective which .....

Asstt. Commissioner of Income Tax Vs. E.i. Dupont India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)298ITR296(Delhi)

..... on this basis the learned cit(appeals) directed that the entire expenditure should be treated as revenue expenditure and allowed to the assessee as a deduction under section 37(1) of the act. he directed the learned assessing officer to withdraw depreciation as allowed. still aggrieved, revenue is in appeal before us.5. during the course of hearing before ..... rs. 41,73,107/-being provision for damage in stock made by the assessing officer while computing book profit for the purpose of levy of tax under section 115ja of the act. the learned assessing officer held that these two amounts were required to be added to the net profit of the assessee as per p & l account ..... , in view of clause (c) of explanation appended to section 115ja. on assessee's appeal the learned cit(appeals) held that provision for these amounts were ascertained liability and, .....

Badri Vishal Aggarwal Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)105TTJ(Delhi)418

..... gone through the orders of the lower authorities, various materials placed on record as well as the statement of the assessee recorded by the ao under section 131 of the it act, 1961. from the record, we found that during the year under consideration, the assessee has credited income in his books of account in respect of ..... sufficient to form a belief that income of assessee had escaped assessment, and therefore, ao was justified in initiating reassessment proceedings under section 147 by issue of notice under section 148 of the act.9a. now coming to the merit of addition made, we found that the ornaments sold were duly disclosed by the assessee under the ..... these, persons had alleged the name of assessee receiving draft of sale consideration, as bogus transaction. as per our considered view, after amendment of section 147 by direct tax laws (amendment) act, 1987 w.e.f. asst. yr. 1989-90, the scope of reopening of assessment has been enlarged and accordingly reason to believe that there .....

Deputy Commissioner of Income Tax Vs. Padam Prakash (Huf)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)104TTJ(Delhi)989

..... be disregarded.having said so, we must take into account special provisions relating to procedure to be followed by tribunal as per sub-section (3) and sub-section (4) of section 255 of the it act. these are as under: 255(3) the president or any other member of the tribunal authorized in this behalf by the central government ..... heard the case, including those who first heard it.it is evident from above that special bench can be constituted by the president under sub-section (3) of section 255 of it act. the circumstances under which special benches are to be constituted have been elaborately discussed by their lordships of supreme court in the case of itat ..... we have given our reasons for reaching above conclusion which need not be repeated.25. it is no doubt true that legislature while inserting sub-section (5) in section 45 through the finance act, 1987 w.e.f. 1st april, 1988, did not provide for cases where enhanced or further enhanced compensation was subsequently reduced by any court .....

Magnet Trading and Chit Fund (P) Vs. Assistant Commissioner

Court : Income Tax Appellate Tribunal ITAT Delhi

..... therefore, sum of rs. 11,75,000 credited in the books of account maintained by the assessee was to be added as income of the assessee under section 68 of the act.7. we have considered the rival contentions carefully gone through the orders of the authorities below and also deliberated on the case laws cited by the lower authorities ..... , senior departmental representative shri rattan singh submitted that the assistant commissioner in her order passed on 21-2-1995 made addition of rs. 11,75,000 under section 68 of the act, on the basis that identity of the persons from whom funds were received was not proved. he further submitted that the assessee was required to explain the ..... is credited in the books of account by the assessee has to be explained by the assessee. since the assessee failed to do so, provisions of section 68 of the income tax act, 1961 apply and the 'share application money shown to have been received by the assessee company is deemed to be the income of the assessee-company .....

Aggarwal Mitra Mandal Trust Vs. Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)106ITD531(Delhi)

..... is not justified in law and facts and circumstances of the case in rejecting the registration to the society under section 12a of the income tax act on the ground that object clause of the trust conflicts with the provision of section 13(1)(b) under the circumstances when hon'ble allahabad high court in case of cit v. surji ..... or 12 and there will be no occasion to the assessing officer to invoke or apply section 13 in his case. this position would not only be contrary to the scheme of the act as laid down in sections 11, 12, 12a, 12aa and 13 but the same may also cause prejudice/hardship to the persons in certain cases. for ..... (income tax (exemption), new delhi dated 19.7.2002 passed under section 12aa refusing to grant registration applied for by the assessee under section 12a.2. the assessee in the present case is a society registered under the societies registration act, 1860. it applied for its registration under section 12a(a) belatedly on 15.1.2002. alongwith the said application, .....

Ramesh Batta Vs. Dy Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... treated as agricultural income.9. we have carefully considered the facts and circumstances relating to this matter and rival submissions. the definition of agricultural income is given in section 2(1a) of the act which is as under (a) any rent or revenue derived from land which is situated in india and is used for agricultural purposes; (ii) the performance ..... of income declaring total income at rs. 4,37,636 and agricultural income at rs. 4,39,410. the return was initially processed under section 143(l)(a) of the act. later on notices under section 143(2)/142(l) were issued and the assessee was required to justify his claim in respect of agricultural income of rs. 4,39, ..... be said to have been used for "agricultural purposes" and the income derived therefrom said to be "agricultural income" derived from the land by agriculture, under section 2(l) of the indian income tax act, 1922." in the case of raza buland sugar co. ltd. v. cit (1980) 123 itr 241 (all) the hon'ble allahabad high court also .....

Ece Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)11

..... the present case because in the instant case, it is not the stand of the department that the capital gain is to be assessed as business profit under section 41 of it act and secondly in that case, the price of various assets were determinable which task is not possible in the present case because neither in the sale agreement, ..... the view that assets sold were depreciable assets and the written down value should be the cost of acquisition. therefore, he computed the value of capital gain under section 50 of it act. learned cit(a), on the other hand, held that the entire business of the assessee was sold as a going concern and not just depreciable assets. in ..... the above proviso is fully applicable to the facts of the present case and computation of capital gain/loss shall be worked out as per this proviso. (xiv) section 50b of it act which deals with the case of slump sale has been introduced w.e.f. 1st april, 2000 and does not apply retrospectively. prior to this provision, there was .....