Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: income tax appellate tribunal itat delhi Year: 2006 Page 1 of about 82 results (0.133 seconds)

Delhi Race Club (1940) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)108TTJ(Delhi)297

..... the assessee against the order of the cit(a) dt. 9th june, 2003 for the asst. yr. 2001-02, in the matter of order passed under section 201 and section 201(1a) of the it act, 1961, wherein following two grounds have been raised by the assessee: (1) that the cit(a) without appreciating the facts of the case and on incorrect ..... the order of the lower authorities and submitted that ao was justified in deducting tax at source on the gross amount of prize amount as per provisions of section 194bb of the it act, 1961.7. we have considered the rival contentions, carefully gone through the orders of the authorities below and also deliberated upon the case laws cited by ..... for arriving at the figure qualifying for deduction of tax at source. whereas the contention of the department is that person responsible to deduct tax at source under section 194bb of the act is not required to look into the amount spent on purchase of ticket in a horse race. therefore, on the gross amount of winning, the tax .....

Anthony Phillip Witek Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)110ITD148(Delhi)

..... liberally in respect of foreigners working in india and having expertise and knowledge in various fields thus, the exemption as contemplated under the provisions of section 10 (5b) of the act is available to a non-resident individual who is a 'technician' having a specialized knowledge and experience in the information technology including computer architecture ..... deputed as telecom manager in india who is providing technical assistance in the field of telecommunications is a technician and is entitled to exemption under section 10(5b) of the act. again the authority for advance rulings in the case of david kenneth while v. cit reported in 231 itr 464 (aar) has held ..... that the foreign technician having expertise in designing, setting up and operating cellular telecommunication network would be entitled to exemption under section 10(5b) of the act. the observation of aar are as under: it is clear from the above that the cellular network is a medium for dissemination through a .....

Deputy Commissioner of Income Tax Vs. Allied Construction

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)291ITR16(Delhi)

..... of accounting. the ao, therefore, held that the method of accounting followed by the assessee was not in consonance with the provisions contained in sub-section (1) of section 145 of the act; (b) stock register was not maintained by the assessee and, therefore, the opening and closing stock value as well as incoming and outgoing were ..... estimation of income from the business of civil construction, the learned departmental representative submitted that the ao had applied the presumptive rate as envisaged under section 44ad of the act. though this was applicable only in the case of assessees having gross receipts of less than rs. 40 lakhs, yet the principle behind the ..... and interest paid to bank on credit facilities were two distinct transactions and, therefore, the assessee cannot claim deduction of interest paid even under section 57(iii) of the act against interest received on fdrs. reliance was placed on the decision of the hon'ble supreme court in the case of pandian chemicals ltd. v .....

Pondy Metal and Rolling Mills (P) Vs. Deputy Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... to the income of the assessee. on appeal, the learned commissioner (appeals) has confirmed the addition made by the assessing officer by invoking the provisions of section 40a(2) of the act by observing as under: 7. i have carefully considered all the relevant records and the arguments of the learned authorised representative of the appellant company. regarding ..... assessee. in the facts and circumstances of the case, we are of the view that the assessing officer is not justified to invoke the provisions of section 40a(2) of the act in the case of the assessee.hence, we direct to delete the same.10. the second and third grounds of appeal relate to the order sustaining ..... in merely directing the learned assessing officer to pass a speaking order. in doing so, he has failed to appreciate that after the amendment made under section 250 of the income tax act, he had no such power to do so.18. briefly stated, facts are that the assessing officer disallowed the claim of depreciation aggregating to rs .....

Dy. Cit, Special Range 4 Vs. Volex Finance and Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... on the amount of margin monies/security deposits placed by the customers with the assessee in the context of the definition of the expression "actual cost" under section 43(l) of the act. in the view we have taken, namely, that the assessee is not entitled to the depreciation, we do not consider it necessary to deal with those ..... 87 to 1989-90 in which the assessee's claim for depreciation has not been disallowed and pointed out that these orders were passed after scrutiny under section 143(3) of the act. the relevant clauses of the lease document were also highlighted in the course of his argument to show that the transactions were leases and cannot be ..... .12. for this year, there are two,appeals by the department, one arising from the assessment order passed under section 143(3) and the other arising from the order passed by the assessing officer under section 154 of the act.13. we first take up the appeal arising out of the assessment order.the first ground is that the commissioner .....

ito Vs. Jagdish Chandra Virmani

Court : Income Tax Appellate Tribunal ITAT Delhi

..... construction of complex was his business expenditure and the same being of revenue nature, he was entitled for deduction in respect of the same under section 37 of the act even to the extent it was to be treated as unexplained. this submission made by the assessee however, was not found acceptable by the assessing ..... filed by him originally might be treated as the returns filed in compliance to the notices issued under section 148 of the act. during the course of reassessment proceedings, the value of cost of construction determined by the valuation officer was strongly challenged by the assessee on ..... of construction as escapement of assessees income from the assessments for the relevant years, the assessing officer initiated reassessment proceedings by issuing notices under section 148 of the income tax act for the said years. in response to the said notices, a reply was filed by the assessee in writing stating therein that the returns .....

Hotel Naveen Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

..... 3 that conversion of partnership assets into individual assets on dissolution or otherwise also forms part of the same scheme of tax avoidance. accordingly finance act, 1987 inserted section 45(4) in the act. the effect of it is that profits and gains arising from transfer of capital assets by a firm to a partner on dissolution or otherwise ..... firm shall be chargeable to tax". thus the intention of the legislature is clear from the wordings of the sub-section and it is not required for amending definition of transfer contained in section 2(47) of the act. the assessing officer was also of the view that it was not necessary that all assets should be divided ..... assessing officer did not accept the arguments of the assessee that the definition contained for transfer in section 2(47) has not undergone change after insertion of section 45(4) in the act. according to him the definition of transfer given in section 2(47) is an inclusive one and not exhaustive. the other reason stated by him is .....

Shri Raghav Bahl Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)111ITD174(Delhi)

..... was passed by the dy. commissioner of income-tax, central circle -iii, new delhi (hereinafter called the assessing officer) under the provisions of section 15 8bc read with section 15 8bd of the income-tax act, 1961.the assessee has taken up four substantive grounds of appeal, the fifth being residuary in nature. ground nos. 1 and 2 are ..... cit(appeals) considered the facts of the case and submissions made before him. he referred to the definition of the term "undisclosed income" given in section 15 8b(b) of the act, and pointed out that income or property which has not been or would not have been disclosed, wholly or partly, constitutes the udi. he further ..... fall within the ambit of the definition of the term "undisclosed income", furnished in section 158(b) of the act.before proceeding with the argument, it may be pointed out that this section, regarding the definition of udi, is similar to section 5 of the act regarding "scope of total income" in content in so far as the scope of .....

Rama Associates Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)106TTJ(Delhi)448

..... we are, therefore, inclined to modify the direction of cit and direct the ao to determine the annual letting value of property as per provisions of section 23 of the act, ao is further directed for not making any addition on account of interest at 12.5 per cent on the interest-free security deposit given to the ..... . we, are therefore, inclined to agree with the contention of learned cit (departmental representative) shri satbir singh that cit has correctly invoked the provisions of section 263 of the act in respect of non computation of annual letting value of delhi property which has escaped by the ao in his assessment order, thereby failing to apply provisions ..... , the assessee has itself agreed that a mistake had crept into the assessment order in not taxing the notional interest on security deposit. (e) provisions of section 263 of the it act, 1961 in terms had no application to the facts of this case. (f) various observations made by the learned cit in the impugned order are either .....

improvement Trust Vs. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... cit in which clarification was furnished in respect of the matters raised in the questionnaire.3.4 coming to the legal argument, on the interpretation of sub-section (15) of section 2 of the act, the learned counsel relied on the decision of hon'ble itat, ahmedabad "c" bench in the case of gujarat industrial development corpn. v. asstt ..... 3.3 the case of the assessee was that all its objects constituted charitable purposes, being objects of general public utility, covered by sub-section (15) of section 2 of the act. he also referred to paragraph 8 of the order of the learned cit, in which it was mentioned that there is no doubt that the ..... and orderly development of industries in the industrial area and industrial estates established by the state government. it made an application for its registration under section 12a of the act. the hon'ble tribunal pointed out that the purpose of securing rapid and orderly establishment and organization of industries in the industrial area and industrial .....