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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: income tax appellate tribunal itat pune Page 14 of about 209 results (0.744 seconds)

Jul 31 2001 (TRI)

Devichand B. JaIn Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2002)77TTJ(Pune.)789

..... in confirming the order are sound and convincing. from the order of the assessing officer we find that the statement of the assessee has been recorded on oath under section 131 of the act on 26-10-1998. the assessee replied to some of the questions put by the assessing officer as under : "q. 4 : on going through your return, ..... in fdrs in canara bank as per balance-sheet filed by the assessee. the assessing officer questioned the assessee regarding such gifts and the statement recorded under section 131 of the act was found to be very specific and relevant in this regard. the assessing officer has quoted the relevant portion of the said statement in the assessment order ..... , it is apparent from the donor shri kriplani resides in netherlands, but not in the usa as stated by the assessee, in his statement recorded on oath under section 131 of the act on 26-10-1998.thus, from these facts narrated it is seen that assessee has stated contradictory facts in his statement recorded on oath under .....

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Jul 31 2001 (TRI)

Devichand B. JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

..... (a) in confirming the order are sound and convincing. from the order of the ao we find that the statement of the assessee has been recorded on oath under section 131 of the act on 26th oct., 1998. the assessee replied to some of the questions put by the ao as under : "q. 4 : on going through your return, it is seen ..... -96 and invested in fdrs in canara bank as per balance-sheet filed by the assessee. the ao questioned the assessee regarding such gifts and the statement recorded under section 131 of the act was found to be very specific and relevant in this regard. the ao has quoted the relevant portion of the said statement in the assessment order and in ..... netherlands. thus, it is apparent from the donor shri kriplam resides in netherlands, but not in the usa as stated by the assessee, in his statement recorded on oath under section 131 of the act on 26th oct., 1998. thus, from these facts narrated it is seen that assessee has stated contradictory facts in his statement recorded on oath under .....

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Aug 21 2001 (TRI)

Vardhini Udyog Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2003)80TTJ(Pune.)453

..... and 5 being general in nature, call for no adjudication. therefore, the only ground survives is ground no. 3 which reads as under : "the disallowance under section 80-i of the it act, 1961, at rs. 11,818 only being 20 per cent of rs. 59,087 i.e., income on interest on deposit with bank--it is submitted with ..... allowed out of profits and gains attributable to priority industry. this section was also deleted w.e.f, 1st april, 1973, and the present section was brought on the statute book by finance (no. 2) act, 1980, w.e.f. 1st april, 1981. the distinguishing feature of the earlier section 80-i and the existing one is that earlier the expression ..... the legislature wanted to give a restricted meaning in the manner suggested by the learned solicitor-general, it has used the expression 'derived from', as, for instance, in section 80j. in our view, since the expression of wider import, namely, 'attributable to' has been used, the legislature intended to cover receipt from sources other than the .....

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Aug 29 2001 (TRI)

Weikfield Products Co. (i)(P) Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2001)71TTJ(Pune.)518

..... .before us, it has been submitted that the expenses were incurred out of business expediency and for the purpose of business and are accordingly admissible under section 37 of the act. reliance has also been placed on the following decisions : the learned departmental representative strongly supported the orders of the authorities below.we have considered the ..... force in the contention of the learned counsel that the sale of chemical unit of the assessee-company was "slump sale" and accordingly, provisions of section 50 of the act are not applicable. in our opinion, the transfer of a going concern means transfer by lock, stock and barrel where nothing is left with the vendor ..... assessee to manufacture opi) was held for more than three years and, therefore, it was long-term capital asset within the meaning of section 2(42a) read with section 2(29a) of the act. the learned counsel further emphasised that what was sold by the assessee in the given case was not individual items forming part of .....

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Oct 19 2001 (TRI)

Dy. Cit Vs. Rajneesh Foundation

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2001)73TTJ(Pune.)649

..... the tribunal. furthermore, the teachings of acharya rajneesh have much wider acceptance than it had in 1988. the trust is therefore, eligible for exemption under section 11 of the act, being for charitable purposes." the revenue has challenged the order of the commissioner (appeals) and following grounds of appeal have been raised : "(1) ..... conceived, involved the making of profit by a businesslike activity in the publication and sale of books, magazines, tapes, etc. it was excluded by section 2(15) of the act, from being a trust for charitable purposes. the commissioner (appeals) also held, considering the several clauses of the trust deed, that during the assessment ..... , therefore, concluded that the trust was not for charitable purposes. on appeal, the commissioner (appeals) rejected the claim of exemption under section 10(22) and under section 11 of the act. he held that during the year of account, the dominant object of the trust could not be said to be running an educational .....

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Jan 11 2002 (TRI)

Jamnadas T. Mehta Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2002)81ITD103(Pune.)

..... , the cit is justified in setting the orders of the ao relating to the asst. yrs. 1985-86 to 1989-90 under section 263 of the it act, 1961 ?" 1. under section 255(4) of the it act (hereinafter called the act), following question was referred for my opinion : "whether, on the facts and in the circumstances of the case, the cit is ..... we have considered the rival submissions and perused the facts on record. it is now well settled position of law that in order to assume jurisdiction under section 263 of the act, the cit must satisfy himself prima facie that the order of the ao is erroneous and prejudicial to the interest of revenue. such satisfaction must be based ..... . it was further explained that the said ito, investigation, jalgaon, had not detected any concealment of income. he had only recorded the assessee's statement under section 131 of the act on 20th dec., 1990, after the revised returns were filed. it was also clarified that the sources of various investments in-fdrs had come out of the .....

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Jan 31 2002 (TRI)

Harbanslal Aurora Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2002)82ITD1(Pune.)

..... separate sheet enclosed to the intimation sheet. the said para 2 is reproduced as under : "the mode of computation of capital gains is provided under section 48 of the it act. under section 48 besides cost of acquisition of the asset and cost of improvement thereto, expenditure incurred wholly and exclusively' in connection with such transfer is allowable. ..... sale of shares to m/s bhojwani hotels (p) ltd. could be made by the ao while processing the return under section 143(1)(a) of the it act, 1961?" under section 255(4) of the it act (hereinafter called the act), the following question was referred for my opinion: "whether, on the facts and in the circumstances of the case and ..... the rival submissions in the light of material placed before me and precedents relied upon. dr. pathak explained the ambit and scope of section 143(1)(a). under section 143(1) of the act, the ao may make a regular assessment without requiring the, presence of the assessee or the production by him of any evidence in .....

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Jan 31 2002 (TRI)

Harbanslal Aurora Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2000)82ITD1(Pune.)

..... enclosed to the intimation sheet. the said para 2 is reproduced as under : "the mode of computation of capital gains is provided under section 48 of the income tax act. under section 48 besides cost of acquisition of the asset and cost of improvement thereto, expenditure incurred wholly and exclusively in connection with such transfer is allowable ..... the rival submissions in the light of material placed before me and precedents relied upon. dr. pathak explained the ambit and scope of section 143(1)(a). under section 143(1) of the act, the assessing officer may make a regular assessment without requiring the presence of the assessee or the production by him of any evidence ..... hyderabad bench 'b' of the tribunal have held that the claim, which is patently inadmissible, can be disallowed by way of prima facie adjustment under section 143(1)(a) of the act. in this case, the hon'ble tribunal has also considered and distinguished, the judgment of the bombay high court in the case of khatau junkar .....

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Feb 18 2002 (TRI)

Dhunjibhoy Stud and Agricultural Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2002)82ITD18(Pune.)

..... jurisdiction over the assessee. accordingly, the dy. cit, special range-4, pune (hereinafter referred to as the 'ao') issued notice to the assessee under section 158bc r/w section 158bd of the act to the assessee in the month of july, 1997. in pursuance to the said notice, the assessee filed its return for the block period on 13th ..... have considered the rival submissions and have gone through the material available on record. the facts in this case are not in dispute that a search action under section 132 of the act was taken place at the premises of dr. tanna in mumbai in which the impugned loose paper, which is marked at paper no. 37, was seized ..... 10.65 lakhs as undisclosed income?" 1. there being a difference of opinion between the members constituting the division bench, the hon'ble president has referred, under section 255(4) of the it act, 1961, the following points of difference to me as a third member to resolve the controversy : "whether, on the facts and in the circumstances of the .....

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Feb 18 2002 (TRI)

Dhunjibhoy Stud and Agricultural Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2000)82ITD18(Pune.)

..... over the assessee. accordingly, the deputy commissioner, special range-4, pune (hereinafter referred to as the 'assessing officer') issued notice to the assessee under section 158bc read with section 158bd of the act to the assessee in the month of july, 1997. in pursuance to the said notice, the assessee filed its return for the block period on 13 ..... have considered the rival submissions and have gone through the material available on record. the facts in this case are not in dispute that a search action under section 132 of the act was taken place at the premises of dr. tanna in mumbai in which the impugned loose paper, which is marked at paper no. 37, was seized ..... rs. 10.65 lakhs being the cash payment made to the assessee, besides payments made through bank. the statement of dr. d.d. tanna recorded under section 132(4) of the act and the said seized papers were forwarded by the deputy commissioner, special range-26, mumbai to the deputy commissioner of income tax, special range-4, pune, .....

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