Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: income tax appellate tribunal itat delhi Page 1 of about 746 results (0.318 seconds)

Shri Saurabh Srivastava Vs. Dy Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)111ITD287(Delhi)

..... distributors on behalf of foreign principals and bought and sold on its own account under an unwritten agreement which was terminable at will, the assessee acted as sale agents and distributors of explosives manufactured by the imperial chemical industries (export) ltd. the agency was terminated and by way of compensation, the assessee was paid for the ..... consideration.4.7. arguing further, the ld. a.r. submitted that non-compete fees is not taxable under any of the heads of income mentioned in section 14 of the act. he submitted that the assessee has received the amount for undertaking a restrictive /negative covenant and, therefore, the same is a capital receipt. he relied ..... received an additional advantage/gain in the form of the non- compete fees in lieu of salary which falls in the category of salary, within the meaning of section 17(3) and, therefore, is taxable as such. the ld. dr further submitted that any receipt integrally linked with the continuation of the employment of sh. .....

Shri Saurabh Srivastava Vs. Dy. Commr. of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... distributors on behalf of foreign principals and bought and sold on its own account under an unwritten agreement which was terminable at will, the assessee acted as sale agents and distributors of explosives manufactured by the imperial chemical industries (export) ltd. the agency was terminated and by way of compensation, the assessee was paid for the ..... consideration.4.7. arguing further, the ld. a.r. submitted that non-compete fees is not taxable under any of the heads of income mentioned in section 14 of the act. he submitted that the assessee has received the amount for undertaking a restrictive/negative covenant and, therefore, the same is a capital receipt. he relied ..... has received an additional advantage/gain in the form of the non-compete fees in lieu of salary which falls in the category of salary, within the meaning of section 17(3) and, therefore, is taxable as such. the ld. dr further submitted that any receipt integrally linked with the continuation of the employment of sh. .....

Deputy Commissioner of Income Tax Vs. Royal Jordanians Airlines

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)283ITR28(Delhi)

..... act of india, indian custom laws, indian explosives act, pota and so on. if there was no royal immunity in relation to those provisions, there was no reason why such immunity should be claimed in relation to it act. he referred to the provisions of section 4, section 5, section 6, section 9 and section 10 of the it act, 1961 as also section 2(22a) and section ..... such immunity or not.68. the next question which arises for consideration is whether the parliament has granted any exemption to a foreign sovereign under the it act, 1961. section 10 provides general exemptions in respect of certain incomes. the perusal of the, same shows that intention of parliament is not to grant general immunity from ..... statute compel the court to put such a construction upon it." the learned counsel further argued that rja was not a "person" under india's it act, 1961. as section 2(31) did not apply to rja and going by rule of interpretation, the assessee could not be subjected to tax because the status of rja .....

Assistant Cit, Cc 1(5), New Delhi Vs. Ganapati Finance Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)9SOT264(Delhi)

..... to as 'mjgpl').the assessee had claimed 100 per cent depreciation on these assets. on these facts the assessing officer was of the view that as per the explosives act and the gas cylinders rules a manufacturer of gas cylindering cannot manufacture these cylinders unless an order is placed by a person who has a licence to fill ..... aravalli cylinders have denied having sold the cylinders to the assessee and stated that the assessee is only a financier.(b) the assessee has sought to put stress in section 6(b) of the petroleum order and produced an authorization letter written by m/s.janta gases to m/s. aravalli cylinders. however, m/s. aravalli cylinders ..... the fact that they cannot supply gas cylinders to anybody unless the drawings approved by the explosives deptt. and their logo is given by the purchaser. when these facts were confronted to the assessee, the assessee in reply submitted that as per section 6(b) of the liquefied petroleum gas (regulation and supply and distribution) order, 1993 .....

Maruti Udyog Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92ITD119(Delhi)

..... a) rejected the claim of assessee by observing in para 9.16 as under : "the arguments of the appellant are no longer valid after insertion of section 145a of the act. as per this section valuation of purchases, sales and inventory is to be adjusted to include all duties, taxes paid notwithstanding any right arising as a consequence of such payment. ..... shares. hence, no inference could be drawn that investment in shares was out of borrowed funds. reliance was also placed on calcutta high court judgment in the case of indian explosives ltd. v. cit (1984) 147 itr 392 (cal) as well as madras high court judgment in the case of cit v. savera hotel ltd. (1999) 239 itr 795 ( ..... relate to an expenditure which is neither capital in nature nor in the nature of personal expenses. the scope of the word 'expenditure' appearing in section 10(2)(xv) of 1922 act corresponding to section 37 of 1961 act was examined by the hon'ble supreme court in the case of indian molasses co. (p) ltd. v. cit (1959) 37 itr 66 .....

Sedco Forex International Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)58ITD177(Delhi)

..... the surface of or under water, or sometimes on the surface of and sometimes under water. (foreign enlistment act 1870, s. 30). 'ship' includes every description of vessel used in sea navigation, whether propelled by oars or otherwise. (explosives act 1875, s. 108)".the reading of the aforesaid definition shows that the vessel has to be used in sea ..... territorial and not functional in nature. the latter meaning cannot be attributed to it. this becomes more evident when the various provisions of the act in this context are examined.sec. 44b of the act makes a reference to 'shipping business' in the case of non-resident and that too in the context of carriage of passengers, livestock, ..... while as per the department, since the profits have been taxed under s. 44bb of the act by applying a net profit rate of 10 per cent on the aggregate of the amounts so specified in sub-s. (2) of the section, the remunerations stood indirectly deducted and as such the condition is not satisfied. according to the .....

N.K. JaIn Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1987)23ITD594(Delhi)

..... rejected the assessee and confirmed the assessments on the point that the assessee was not entitled to exemption under section 5(1)(xxa) of the wealth-tax act, 1957 (hereinafter referred as the act) in respect of value of shares of m/s. narendra explosives ltd. (hereinafter referred as 'nel').2. the value of shareholdings in nel was stated to be rs. ..... the aac, both of them having mentioned the relevant provisions, the denial of exemption in respect of the appellant's shareholding in nel under clause (xxa) of section 5 of the act is held to be correct.19. before parting we like to state that we were addressed one set of arguments in respect of the captioned appeals and it ..... authorised capital of rs. 5 lacs being fully paid up.6. while processing the assessee's return filed on 1st july, 1982' in which claim under section 5(1)(xxa) of the act in respect of shares of nel worth rs. 8 lacs was made, the assessing officer observed that to be entitled to exemption there were several conditions .....

New JaIn Godowns, Budaun and Another Vs. Ito, Budaun and Another

Court : Income Tax Appellate Tribunal ITAT Delhi

..... held that unless the assessment order is erroneous, substitution of the judgement of the commissioner for that of the assessing officer does not stand visualized under the provisions of section 263 of the act:- i) 'cit vs. munjal castings', 303 itr 23 (pandh); ii) 'pradeep bandhu vs. cit', 32 taxman.com 24 (jodhpur-trib); iii) ' ..... agricultural income; that since the assessment order was erroneous and prejudicial to the interests of the revenue, the ld. cit rightly invoked the provisions of section 263 of the act; that since during the year, the assessee was not carrying on any business activity, interest to partners was rightly disallowed by the ld. cit; ..... to which fact it was, that the income could not be assessed as income from house property, as for such assessment, in accordance with the provisions of section 22 of the act, the assessee must be the owner; that then, again alternatively, the expenditure debited by the assessee, amounting to ` 16,39,506/-, including depreciation of .....

Dy. Commissioner of Income-tax Vs. M/S. Honeywell International India ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... should be parity in the items included in the export turnover and the total turnover whilst applying the formula prescribed for computing the deduction under section 1oa of the act. thus, if a particular item of expenditure/ income is sought to be excluded from the export turnover of the undertaking, applying the principle ..... that there was no separate recovery for telecommunication expenses, as such telecommunication expenses ought not to be excluded from the export turnover while computing deduction under sec. 10a of the act. reliance was placed upon the orders of the tribunal in the case of patni telecom (p) ltd. and cymbal information services (p) ltd. ..... with its associated enterprises and as the value of international transaction was more than rs.15 crores after following the procedure laid down in sec. 92ca of the act the international transaction entered into by the assessee with the associated enterprises was referred to the transfer pricing officer for determining the arms length .....

M/S Filatex India Ltd. and Another Vs. Dcit and Another

Court : Income Tax Appellate Tribunal ITAT Delhi

..... disallowance on account of foreign exchange fluctuation loss which remained included in the wdv in the plant and machinery which was covered under the provisions of sub-section 43a of the act. 7. on this issue assessee has capitalized adverse impact on foreign exchange fluctuation, the same was included in the value of plant and machinery. ..... as depreciation allowance is concerned the position is perhaps a little simpler because it is a recurrent claim. under the definition contained under section 32 read with section 43(1) and (6) of income tax act, the depreciation as to be allowed on thereof in earlier years, thus, where the cost of assets subsequently goes up because of ..... provided that where an addition to or deduction from the actual cost or expenditure or cost of acquisition has been made under this section, as it stood immediately before its substitution by the finance act, 2002, on account of an increase or reduction in the liability as aforesaid, the amount to be added to, or, as .....