Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: income tax appellate tribunal itat Year: 2006 Page 11 of about 332 results (0.208 seconds)

Aug 25 2006 (TRI)

Associated Industries (P) Ltd. Vs. the Dy. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Decided on : Aug-25-2006

Reported in : (2007)111TTJ(Coch.)979

..... elaborate and after the amendment in 1993-94, the concept of "asset" was restricted to the non-productive assets. consequential amendment was also introduced in section 2(m) of the wealth-tax act and following wordings were inserted at the end of the definition: on the valuation date which have been incurred in relation to the said asset.17. ..... disputed that as far as the land in kollam village is concerned, it is subjected to wealth-tax as per the definition of "asset" in section 2(ea) of the wealth-tax act. another aspect to be considered is in respect of the open space left by the assessee for the purpose of recreational facilities and for providing roads ..... for the purpose of clearing the title of the land, the assessee company raised unsecured loans from its directors. the assessee was served with notice under section 17 of the wealth-tax act and assessments of the assessee were completed for all these assessment years vide different orders of the same date i.e.3-2-2004.3. the assessee .....

Tag this Judgment!

Aug 23 2006 (TRI)

Asstt. Commissioner of Income Tax Vs. Ishar International

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Aug-23-2006

Reported in : (2007)110TTJ(All.)882

..... they are only freight, insurance, attributable to the transport of the goods or mercantise beyond the custom station as defined in the customs act. as per proviso, after 1st april, 1991, items covered in section 28 as mentioned in the proviso, will also be excluded. thus, there are specific exclusion provided in explanation (ba). therefore, other ..... other is against directing the a.o. not to include in the total turnover the amount of sale proceeds not brought into india while computing deduction under section 80 hhc.2. regarding first ground the facts are that the assessee is a manufacturer and exporter of carpets, the a.o. noticed that manufacturing process involved ..... ) of any goods or merchandise to which this section applies and which are exported out of india, but does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the customs act, 1962 (52 of 1962). (ba) 'total turnover' shall not include freight or .....

Tag this Judgment!

Aug 22 2006 (TRI)

Swaran Singh Sokhey Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Aug-22-2006

..... the return filed by the assessee on 31-10-1996. on the basis of computation and profit and loss account etc., the assessment was completed under section 143(l)(a) of the act. if thereafter some material is found or seen or any other information was with the assessing officer then only it can be said that there was ..... 97 he filed return declaring an income of rs. 19,81,747 on 31-10-1996. the return was processed under section 143(1)(a) of the act. thereafter, the assessing officer issued notice under section 148 of the act dated 23-6-1998 calling for a return. the assessing officer mentioned the reasons for reopening the assessment, in para 2 ..... , as the case may be, for the assessment year concerned...." (iii) excessive loss or depreciation allowance or any other allowance under this act has been computed.5.1 after reading the provisions of section 147, we find that there should be some reason to believe that some income has escaped. the assessing officer merely guessed that the brokerage .....

Tag this Judgment!

Aug 18 2006 (TRI)

Mange Ram Mittal Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-18-2006

..... as evidence in a court of law, but there the agreement ends; because it is equally clear that in making the assessment under sub-section (3) of section 23 of the act, the income-tax officer is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at ..... the assessee shri mange ram were concerned, there was no retraction. the statements of the assessee after search were recorded not under section 132 but under section 131 of the act. the statements recorded under section 131 were therefore, not in continuation of the search. accordingly only the statements recorded during the course of search could be ..... investigation made into the incomes of assessees and they are also quasijudicial authorities assessing the liabilities of the assessees to payment of income-tax. under section 142(2) of the act the income-tax officer may make such enquiry ashe considers necessary forthe purpose of obtaining full information in respect of the income or loss of .....

Tag this Judgment!

Aug 18 2006 (TRI)

Dwarikesh Trading Co. Pvt. Ltd. Vs. the Asst. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Aug-18-2006

Reported in : (2007)104ITD295(Mum.)

..... of accounting of interest income. since tribunal has given its finding covering both the aspects, therefore, the same is not to be rectified under section 254(2) of it act, being not a mistake emerging from the said order of the tribunal.5. parties have been heard and the miscellaneous applications were considered. there ..... circumstances of the case, the tribunal has committed an error in not correctly understanding the factual findings which tantamount to an error rectifiable under section 254(2) of the it. act. 3) whether facts and circumstances of the case revealed that the assessee has adopted a method of accounting of interest on cash basis applicable ..... (ii) no material is there to hold that the tribunal committed any error in understanding the factual finding which tantamount to an error rectifiable under section 254(2) of the act. (iii) the assessee not disputed in miscellaneous application nor any material is brought on record to hold that the assessee adopted cash system for .....

Tag this Judgment!

Aug 18 2006 (TRI)

Mange Ram Mittal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-18-2006

Reported in : (2006)103ITD389(Delhi)

..... as evidence in a court of law, but there the agreement ends; because it is equally clear that in making the assessment under sub-section (3) of section 23 of the act, the ito is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. ..... the assessee shri mange ram were concerned, there was no retraction. the statements of the assessee after search were recorded not under section 132 but under section 131 of the act.the statements recorded under section 131 were therefore, not in continuation of the search. accordingly only the statements recorded during the course of search could be used ..... mainly from examination fee charged for issuing medical fitness certificates for candidates going to gulf countries. on 11th dec., 1996 there was a search under section 132 of the act and during the search registration books were seized for the period november, 1993 onwards. it was found that the fees recorded in the seized registration books .....

Tag this Judgment!

Aug 18 2006 (TRI)

Aravali Minerals and Chemicals Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Decided on : Aug-18-2006

Reported in : (2007)292ITR361(Jodh.)

..... joints, fissures, moles, patches, hair line cracks, etc. the profits derived from the export of such granite dimensional blocks would, accordingly, be eligible for deduction under section 80hhc of the act.8. the case of the revenue is that circular no. 729 is confined to granite alone and the satisfaction of the dual conditions of "cut and polished" in ..... the position. circular no. 693, dt. 17th nov., 1994 reads as under: minerals--clarification regarding export of cut and polished dimensional blocks granite or other rocks. section 80hhg of the it act allows a deduction from the gross total income of the entire profits derived from export of goods other than minerals. finance (no. 2 ..... granites" w.e.f. 1st april, 1991 by virtue of insertion of item (x) in the twelfth schedule to the it act, 1961. the export of dimensional blocks of granite is presently ineligible for the benefit of section 80hhc in view of the cbdt circular no. 693, dt. 17th nov., 1994. 2. on the representation made by the .....

Tag this Judgment!

Aug 14 2006 (TRI)

Shavak Shiksha Samiti Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-14-2006

Reported in : (2006)104TTJ(Delhi)127

..... was to impart education. in view thereof, there was need for it to seek registration under the it act, as its income was exempt under section 10(23c).3. we have considered the facts of the case and rival submissions.section 2(15) defines the term 'charitable purpose' in an inclusive manner and includes within its ambit relief ..... it was claimed that education is a charitable purpose and, therefore, it should be registered under the it act.1.2 the learned cit referred to the definition of the expression "charitable purpose" in section 2(15) of the act and mentioned that it was mandatory that the object should be to give relief to the poor.however ..... commissioner of income-tax (cit), ghaziabad, passed under section 12aa of the it act, 1961 on 22nd july, 2002, in which registration was refused to the assessee-society. before him, it was inter alia pointed out that the assessee is a society registered under the societies registration act, and it is establishing shavak national school, which will .....

Tag this Judgment!

Aug 11 2006 (TRI)

Deputy Commissioner of Income Tax Vs. Panamsat International Systems

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-11-2006

Reported in : (2006)103TTJ(Delhi)861

..... provide a service of receiving and re-transmitting the signals to the broadcasters. (5) the appreciation and understanding of the word "process" appearing in the relevant section of the act in the case of asia satellite (supra) is erroneous. (6) the reliance placed on the decision of the tribunal in asia satellite can at best be ..... indian rupee equivalent of which was rs. 77,35,21,577.according to the ao, clause (iii) of expln. 2 below clause (vi) of sub-section (1) of section 9 of the it act, 1961 was-applicable and the revenues were liable to be assessed as "royalty". under these provisions, royalty meant consideration "for the use of any patent, invention ..... . this judgment has been considered by the tribunal in asiasat (supra) and has been distinguished on facts. that judgment actually related to the interpretation of section 194j of the act which required tax to be deducted at source by the person paying any "fees for technical services". this term was to have the same meaning as .....

Tag this Judgment!

Aug 11 2006 (TRI)

Steel Authority of India Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-11-2006

Reported in : (2007)105ITD679(Delhi)

..... fees for technical service are taxable under the head "profits and gains of business or profession". however, in place of the normal rate provided in the relevant finance act, section 115a provides for the rate of tax at 30 per cent, which has been adopted as tds rate by the assessing officer and the ld. cit(a).the ..... article 7. it was further held that the assessee was carrying on the business of providing technical supervisory services. in view thereof provisions contained in sections 44d and 115a of the income-tax act, 1961, were applicable. thus, it was held that the assessee is liable to deduct tax at the rate of 30 per cent of the ..... article clearly recognizes that the profit shall be computed, in this case, in accordance with the provisions contained in the income-tax act, 1961. therefore, the profit is to be computed under chapter iv of the act. section 44d(b), containing a non obstante clause, provides that no expenditure or allowance shall be allowed in computing income by way of .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //