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Abhay Pratap Singh Sengar Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)108ITD8Luck

..... as 'resident but not ordinarily resident' if either of these conditions was not fulfilled.8. in the case of morgenstern werner v. cit (supra), it was observed that section 6 of the act lays down that a person is not ordinarily resident in india if in 9 out of 10 preceding years he had not been resident in india. this decision of ..... . it was held that she was resident but not ordinarily resident for asst. yrs. 1996-97 to 2004-05. it was further held that the correct construction of section 6(6) of the act was that a person would become resident and ordinarily resident if- (a) he had been a resident in 9 out of 10 previous years preceding that year; and ..... '.3. brief facts of the case are that assessee filed his return of income declaring total income at nil. the assessee had claimed income to be exempt under section 5(1) of the act. the assessee was serving in merchant marinar in the rank of chief officer and deriving salary in foreign currency from the employer m/s mol ship management asia .....

Tahreem Electricals (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)112TTJLuck586

..... the above judgment, the hon'ble delhi high court held that there was no change in the nature of activities and the assessee had been granted exemption under section 10(22) of the it act not only in respect of earlier years but subsequent year as well, the assessee was entitled to the exemption in the asst. yr. 1991-92. in ..... position and keeping in view the fact that no change in the nature of activities has been pointed out and the assessee has been granted exemption under section 10(22) of the act not only in respect of the earlier years but subsequent years as well, we are of the opinion that the order of the tribunal does not involve ..... year under consideration is the last year for claiming the deduction. accordingly, it was submitted that the learned cit(a) has wrongly withdrawn the deduction under sections 80hh and 80-i of the act. reliance was placed on the following decisions: in view of the above, sri amit shukla, learned counsel for the assessee, submitted that the order of .....

Shri Subrata Roy Sahara Vs. the Asstt. C.i.T.

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)109ITD1Luck

..... "debit" in question no. 1, no other material change is required. accordingly, we are referring the points of difference to the hon'ble president under section 255(4) of the act for necessary action and point of difference are annexed separately.(keshaw prasad) (phool singh)accountant member vice president 15. since there is a difference of opinion between ..... loan would have come from the above credit balances on proportionate basis? 3. the hon'ble president of i.t.a.t. exercising his power under section 255(4) of the act referred the matter to the third member, the then sr.vice president, shri. v. dongzathang. he heard both the party's counsels at length and ..... registered shareholder and not to the beneficial owner. the hindu undivided family cannot be considered as a shareholder either under section 2(6a)(e) or under section 23a or under section 16(2) read with section 18(5) of the act. hence, a loan given to a hindu undivided family cannot be considered as a loan advanced to a 'shareholder' .....

Saroj Nursing Home Vs. Asstt. Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... bc was issued to the assessee on 30.03.2005 itself. in response thereto proceedings were initiated and finally an assessment order under section 158bc read with section j58 bd of income tax act was passed on 28.03.2006 on a total income of rs. 52,39,720/-.3. asscssee now challenged this before us mainly on the legal ..... after lapse of more than 8 years. the preliminary grounds raised by the assessee are as under: (1) because the notice captioned as "under section 158bd r.w.s. 158bc of the income-tax act, 1961" dated 30th march, 2005 is wholly illegal as there is no enabling provision (to issue such notice in chapter xiv b of the ..... . (2) because looking to the overall scheme of the "block assessment" as envisaged in chapter xiv b of the "act," proceedings to make block assessment under section 158bd, have to be necessarily initiated by issue of notice under section 158 bc only, which in the present case, pre supposes that the same should have been issued before 30th september, 1997 .....

Anant Kumar Agarwal Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2008)113ITD1Luck

..... the learned departmental representatives of the parties and the orders of the authorities below. we have also considered relevant provisions of the it act, 1961 specially section 10(10c) of the act and rule 2ba of the it rules and have also perused cases cited by the learned authorised representative of the assessee. at ..... the assessee pointed out that several benches of tribunal have decided identical issue and have held that scheme of rbi fulfils the requirement of section 10(10c) of the act r/w rule 2ba of the it rules.he referred to following decisions of tribunal:____________________________________________________________________________s. no. ita no. in the case ..... only guidelines provided and is not substantive and binding in nature.the learned authorised representative of the assessee submitted that provision of section 10(10c) of the act is a beneficial provision granting exemption to the employees who have opted voluntary retirement and it should be interpreted in a liberal manner .....

Shri Jitendra Manghnani Vs. Acit

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... boils down to the point whether the assessee can be treated as "a person resident outside india" or not within the meaning of section 2(q) of fer act. if yes, he is entitled to excemption and if not, he is not entitled to exemption. the learned a.r. wants that ..... argument of the learned a.r. that for determining the status as a "resident" in the case of a donor, under section 6(1) of i.t. act one has to consider the date of the gift as cut off date and count the number of days, from that day backward ..... which clearly fell prior to 6.12.97.however, the a.o. rejected the claim by holding that the provisions of section 2(q) of foreign exchange regulation act, 1973 would be applicable to the case of the assessee and since the assessee is in india with effect from 6.6 ..... the date of gifts, the assessee was a nri and gifts made out of nre accounts by nris are exempt under section 5(1) of the g.t. act as it is the date of gift on which the status has the significance and another fact is that gift is .....

Star International (P) Ltd. Vs. Assistant Commissioner of It-vi

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... by him which would fall in a particular head, e.g., "income from other sources" while disclosing his income falling under other heads of income prescribed by section 14 of the act. to the extent he does not disclose that income, he conceals the particulars of income. the obligation is not only to disclose particulars of income but to ..... the return occurring at any stage up to and inclusive of the ultimate stage of working out of total income would attract the penalty provision of section 271(1)(c) of the act. every figure in the return which is set opposite to the item of income is a particular of income, whether the figure is one which ..... claimed the expenditure for deduction, especially when the amount involved was huge. therefore, he held that the assessee had concealed income and imposed penalty under section 271(1)(c) of the income-tax act, 1961. on appeal the commissioner (appeals) held that the assessing officer had not proved that such expenses were not incurred by the assessee. the .....