Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: income tax appellate tribunal itat delhi Year: 2003 Page 3 of about 35 results (0.051 seconds)

Saipem S.P.A. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)86ITD572(Delhi)

..... outset, a distinction has to be drawn between the proceedings before a special bench, a division bench and lastly those before a third member pursuant to a reference under section 255(4). in the first two, it is the hearing on the question posed and the grounds raised respectively and the entire issue is open before the bench whereas ..... of the assessee as also the ld. departmental representative appearing on behalf of the revenue. the submissions of the three parties are as under:- 1. that the provisions of section 255(3) and 255(4) did not say anything about intervention and even the appellate tribunal rules did not speak of intervention before a special bench but the appearance ..... the disposal of the appeal by the tribunal was to be in accordance with the provisions of the i.t. act and procedures which were contrary to the relevant provisions of law cannot be laid down. in referring to the provisions of sections 253(1), (2) and 254(1) it was sought to be highlighted by the ld. dr that the .....

Assistant Commissioner of Vs. Air Canada

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)88ITD545(Delhi)

..... continued. payments were made by the assessees to the hotel. while making the payments, the assessees did not deduct any tds as per the requirement of section 194-i of the income-tax act. as the tds was not deducted on the payments made by the assessee to the hotel towards the stay of its crew members, the assessing officer felt ..... sufficient ground for not deducting the tds by the assessee. it was the submission of the learned dr that rent has been defined in the explanation-ito section 194-i of the income-tax act. it was the submission of the learned dr that rent means any payment by whatever name called under any lease, sub lease, tenancy or any agreement ..... in this case. the learned ar further submitted that after 1995 when the cbdt circular issued clarified the position as to the applicability of the provisions of section 194-i of the income-tax act to such like payments, there had been no default and not only the tax had been deducted but paid also.17. we have heard the parties .....

Assistant Commissioner of Income Vs. Air Canada [Alongwith Ita Nos.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)84TTJ(Delhi)615

..... case. the learned authorised representative further submitted that after 1995, when the cbdt circular issued clarified the position as to the applicability of the provisions of section 194-i of the it act to such like payments, there had been no default and not only the tax had been deducted but paid also.17. we have heard the parties ..... for not deducting the tds by the assessee. it was the submission of the learned departmental representative that rent has been defined in the explanation-i to section 194-i of the it act. it was the submission of the learned departmental representative that rent means any payment by whatever name called under any lease, sub-lease, tenancy or any ..... continued. payments were made by the assessees to the hotel. while making the payments, the assessee did not deduct any tds as per the requirement of section 194-i of the it act. as the tds was not deducted on the payments made by the assessee to the hotel towards the stay of its crew members, the ao felt that .....

New Holland Tractors (India) (P) Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)83TTJ(Delhi)628

..... beyond 180 days, i.e., beyond the statutory period allowed under law without obtaining the approval of the cit for such retention within the meaning of sub-section (8) of section 132 of the it act. the assessee filed a writ petition praying that the retention of the books beyond the statutory period is illegal and the respondents be directed to return the ..... in the reassessment for the asst. yr.1980-81; the ito included the income relating to assets which were partitioned in the hands of huf in view of section 171a of the act. the assessee filed a writ petition on the ground that the income of the property which was the subject-matter of partial partition could not be treated as the ..... had been created by the assessee for concealing his income. in the facts of the present case, it is seen that the ao in the assessment order under section 143(3) of the act has only dealt with one addition made by him and at p. 8, para 3.4(vi), and observed as under : "(vi) the company has apportioned the .....

Tedco Investment and Financial Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... then the addition made by assessing officer of rs. 1,76,53,665 is to be deleted. 7. the registration under the reserve bank of india act, 1934 under section 45-ia is pending as the central government by its order sent it back to rbi duly set aside for re-consideration which is pending with reserve bank ..... the balance sheet. various particulars were given to the assessee thereupon. notice was issued in order to grant opportunity to the assessee before making an assessment under section 144 of the act in response to which, the following submissions were made on behalf of the assessee : "the company being a non-banking financial company, is bound by the ..... prudential norms of income recognitions. the notes given is self explanatory on implications." 3.4 after considering the same and taking into account the fact that section 145 of the act has been amended with effect from 1-4-1997 according to which the assessee either has to follow the cash system or mercantile system of accounting regularly .....

Housing and Urban Development Vs. Dcit, Spl. Range-24

Court : Income Tax Appellate Tribunal ITAT Delhi

..... or interest and no other transaction. when we say this, we draw support from the definitions of the word and explanations used in section 370 of the companies act as well as section 295a of the companies act wherein loan and deposits have been defined. the judgment relied upon by the counsel for the assessee and placed on the record does ..... earned from loans and advances and the placement of surplus funds do not fall within the meaning of loan and advances and, therefore, the provisions of section 2(7) of the interest tax act are not applicable. while advancing his arguments further, it was submitted by the id. ar for the assessee that the surplus funds are invested after ..... of a credit institution should only include any interest earned on loans and advances made by it in terms of the provision contained in section 5 read with section 2(7) of the interest tax act and that there is no warrant in law to include any interest earned on deposits made based on any dictionary meaning. 3. the .....

Sutlej Industries Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)84TTJ(Delhi)80

..... cit(a) erred on the facts of the case and in law in not allowing interest under section 244a/other relevant provisions of the it act on the amount of self-assessment tax paid, which became refundable under section 143(3)/250 as per provisions of it act from the date of payment of such tax." 3. briefly stated the facts of the case are ..... a) erred on the facts of the case and in law in not allowing interest under section 244a, other relevant provisions of the it act on the amount of self-assessment tax paid, which became refundable under section 143(1)(a)/143(1b) as per provisions of it act from the date of payment of such tax." 14. the facts of this year are similar ..... from which the amount of tax or penalty specified in the notice of demand issued under section 156 is paid in excess of such demand.section 156, in turn, states that where any tax, etc. is payable in consequence of an order passed under this act, the ao shall serve upon the assessee a notice of demand in the prescribed form .....

Additional Commissioner of Vs. Hughes Services (Far East) (P.)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)87ITD137(Delhi)

..... .3 of cbdt circular no. 779 dated 14-9-1999 reported as 240 itr page 3 (statute) wherein it has been clarified that the amendment by finance act, 1999 in section 9(1)(ii) would apply to assessment year 2000-01 and subsequent assessment years. the legislature has not said that salary for services rendered in india would include ..... co. ltd. v. cit [1954] 26 itr 27 wherein their lordships observed at page 51 as under: the word 'earned' even though it does not appear in section 4 of the act has been very often used in the course of the judgments by learned judges both in the high courts as well as the supreme court (vide cit v. ahmedbhai ..... within four concerns of the taxing provisions.6. before coming to the contention of ld. dr regarding retrospective operation of explanation substituted by finance act, 1999, let us first consider the scope of section 9(1)(ii) as originally enacted and amended from time to time in the light of judicial interpretation. such provisions as originally enacted read .....

Jyoti Prabha Society Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)87ITD126(Delhi)

..... 18th feb., 2002 does find mention in the impugned order of the learned cit and learned cit was justified to pass the order under section 12aa of the act and this section provides that cit while processing the application of the assessee-society is to satisfy himself about the genuineness of the activities of the trust or ..... be allowed.11. as against this, the learned department representative pointed out that learned cit was justified in rejecting the application and that too under section 12aa of the act. the contention of the learned department representative is that there may be application of the assessee moved in 1973 but fact remains that assessee had ..... spent mainly on the extension of existing buildings; its repairs and renovation and construction of immovable properties. the cit was of the view that section 12aa(1) of the act required that object of the applicant-society must be charitable and said society is to establish that its activities were genuinely of the charitable nature. .....

Deputy Commissioner of Income Tax Vs. Finlay Corporation Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)86ITD626(Delhi)

..... in the light of the material placed on record. the assessee before us is a non-resident. the total income of the non-resident which is taxable under the act is defined in section 5(2) which includes income which : (a) is received or due to be received in india in the previous year by the assessee or on behalf of ..... in holding that no income accrued, arose or was received by the assessee with the meaning of section 5(2) of the it act, 1961. 2. the learned cit(a) erred deleting an addition of rs. 5.73 crores made under section 68 or alternatively under section 69 despite (1) finding of fact recorded by the cit(a) that assessee had failed to discharge ..... prepared in india. it is pertinent to note that such provisions of section 5(2) are subject to the other provisions of the act. that means in case of any conflict between the provisions of section 5(2) and any other provision of the act, then the other provision in the act would have overriding effect.12. so the question arises whether there is .....