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 4 of about 35 results (0.107 seconds)

income Tax Officer Vs. Sinar Mas Pulp and Paper (India)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)85TTJ(Delhi)794

..... technical services" within the meaning of para (4)(b) of example 7 to identical dtaa with usa. it was also stated that as per the provisions of section 10(6a) of the i.t. act, there was no question of grossing up the tax being paid by the indian concern. it was also stated that the non-resident company had been engaged ..... the assessee from the services rendered and it was purely a feasibility report. it was further stated that had the payment been made u/s 9(1)(6) of the act read along with the explanation, the said amount could have resulted in a situation where the assessee would have been liable to deduct tax. however, since in the facts of ..... provision of the relevant dtaa, it was fully applicable with regard to the taxability of the said amount in the hands of the consultant u/s 5(2) of the act was concerned, he was of the view that it is undisputable. he was also of the view that the applicability of the dtaa was the accepted stand. he further observed .....

Shri M.S. Aggarwal Vs. D.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... for making the same. the element close relationship or occasion for making gift do not flow from the definition of gift as given in section 2(xii) of the gift tax act. the conditions laid down there are there should be transfer by one person to another of any existing movable or immovable property, the ..... undisclosed income from the assessees. the proposition is well established that admission made by an assessee during search operations constitute substantive evidence in view of sections 17 and 21 of the evidence act. however, such admission cannot be considered as conclusive evidence against the assessee. it has been held by the apex court in pullangode rubber ..... as indicated above concerns the scope and ambit of undisclosed income as contemplated under chapter xiv-b of the income-tax act. chapter xiv-b consisting of sections 158b to section 158bh was introduced by the finance act, 1995 with effect from 1.7.1995 to make procedure of assessment of search case more effective. the chapters is .....

Kay Cee Electricals Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)87ITD35(Delhi)

..... evidence act.17. in view of the above discussion, the legal position that emerges is where any asset or other thing is found from the possession and control of ..... produce the relevant documents, an adverse inference had to be drawn against the assessee. as the assessee could not produce any document, an adverse inference in terms of section 114 of the evidence act, 1872, had to be drawn to the effect that, had those documents been produced, they would have gone against the interest of the assessee." the hon'ble ..... principle of evidence act would apply to it proceedings. in that case, it was held that if the assessee does not explain the source of asset found from him then the presumption can be drawn that he is the owner of such asset. this legal position was applied in view of the basic principle contained in section 110 of the .....

Centre For Women'S Development Vs. Deputy Director Of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)78TTJ(Delhi)744

..... case, the it authorities levied tax on what could not be termed as income or was otherwise exempt under provisions of the it act, viz., section 10(22) or alternatively under section 11 of the said act. 4. that on the facts and circumstances of the case, the ao as well as cit(a) failed to consider the ..... programmes in hospitality management, educational training, conducting workshops and seminars, providing training course material and institutional resources was held as liable for exemption under section 10(22) of the it act.9. learned counsel for the assessee has further placed reliance upon the judgment of the apex court in the case of dr. ravi singh and ..... and dissemination of knowledge which may be termed as imparting education to the womenfolk. but for bringing the assessee within the ambit of provisions of section 10(22) of the it act, it has to be positively established that assessee did exist solely for the educational purpose and none else. during the course of hearing, learned .....

Srj Securities Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of cit v. ram samp [1962] 45 itr 248 (punjab) wherein the full bench has held : "on a true interpretation of section 10 and sub-section (1) of section 24 of the income-tax act and the first proviso thereto, an assessee is not entitled to claim a set off of the loss suffered by him in speculation business against ..... hesitation in holding that the authorities below were absolutely justified in disallowing the loss claimed by the assessee being speculative in nature and hit by explanation to section 73 of the it act.48. this brings us to the issue of chargeability of the interest on which we have been addressed. some judgments were also cited in support of ..... commission earned by no stretch of imagination in the form of brokerage can be said to be his speculative business income for the various reasons stated above. section 73 of the it act, more particularly sub-clause 1 is categorical and mandates that the speculation loss has to be set off against a speculation profit and not otherwise. when .....