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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: income tax appellate tribunal itat Year: 2006 Page 9 of about 332 results (0.097 seconds)

Sep 08 2006 (TRI)

Dy. Cit Vs. Abg Heavy Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Sep-08-2006

Reported in : (2008)303ITR328(Mum.)

..... any infrastructure facility and thereby eligible for the purpose of deduction under section 80-ia of the act. 4. failing to appreciate the terms of the tender whereby jnpt was to operate the equipment while the assessee was to maintain them ..... ,by the assessee for the purpose of deduction under section 80-ia of the act. 3. holding that the business of leasing of assets of the assessee tantamount to carrying on the business of developing, maintaining and operating ..... the assessee has carried on the business of developing, maintaining and operating any infrastructure facility while calculating the book profits under section 115ja of the act. 2. ignoring the statement recorded under section 132(4) of shri saket agarwal, managing director, wherein he admitted that no operation of infrastructure facility was carried on .....

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Sep 08 2006 (TRI)

Deputy Commissioner of Vs. Abg Heavy Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Sep-08-2006

..... agarwal, managing director, wherein he admitted that no operation of infrastructure facility was carried on by the assessee for the purpose of deduction under section 80-ia of the act. 3. holding that the business of leasing of assets of the assessee tantamount to carrying on the business of developing, maintaining and operating any ..... infrastructure facility and thereby eligible for the purpose of deduction under section 80ia of the act. 4. failing to appreciate the terms of the tender whereby jnpt was to operate the equipment while the assessee was to maintain them and ..... officer that the aforesaid sum did not pertain to the year under consideration and hence the same should be excluded while computing the tax liability under section 115ja of the it act. the assessing officer, however, rejected the claim of the assessee mainly for the reason that there was no specific provision in clause (i) .....

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Sep 08 2006 (TRI)

Dy. Cit Vs. Srei International Finance Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-08-2006

..... has a statutory obligation also to examine and be satisfied that the accounts of the company are maintained in accordance with the requirements of the companies act. sub-section (1a) of section 115 does not empower the assessing officer to embark upon a fresh enquiry in regard to the entries made in the books of account of the ..... extent provided in the explanation. the use of the words 'in accordance with the provisions of parts ii and iii of schedule vi to the companies act' in section 115 was made for the limited purpose empowering the assessing officer to rely upon the authentic statement of accounts of the company. while so looking into the ..... context of even regular assessments lease equalization charges have been held to be an admissible deduction.10. we have considered the rival submissions. the provisions of section 115ja of the act, insofar as the same is relevant for the purpose of deciding the issue in the present appeal, reads as follows: deemed income relating to certain companies .....

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Sep 08 2006 (TRI)

Asstt. Cit Vs. Doon Valley Motors

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-08-2006

..... the duty of the court to see to it that the instructions, which are binding upon the revenue authorities, being issued in exercise of their powers under section 119 of the act, are followed by them. in this connection, it would be relevant to extract the observations of hon'ble supreme court in the case of union of ..... revenue to prove that assessee has incurred any expenditure in respect of which payment has been made to any person referred to in clause (b) of section 40a(2) of the act and the assessing officer found that such expenditure is excessive or unreasonable having regard to the fair market value of goods, services or facilities for which payment ..... . he further relied on the detailed findings of the learned cit (appeals) with regard to reasonableness of the payments made to the persons falling under section 40a(2)(b) of the act.8. we have considered the rival contentions carefully gone through the order of the lower authorities and also deliberated on the case laws cited by learned .....

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Sep 08 2006 (TRI)

Ongc Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-08-2006

..... production of mineral oil and, therefore, receipt in this respect was chargeable to tax under the provisions of section 44bb of the act and in support thereof he relied upon the decision of itat in the case of agland investment services inc. v. income tax officer (1985) 22 ..... officer was of the opinion that the services and activities by nrc were technical in nature and are covered under the provisions of section 44d, read with section 115a of the income tax act.5. on appeal before the commissioner (appeals), the assessee contended that this training was in connection with the exploration, extraction and ..... the case in rejecting the appellants contention that the receipts of the non-resident were taxable under section 44bb of the income tax act, 1961 (act) and no as fees for technical services under section 44d, read with section 115 of the act." 3. since the facts involved in both these appeals are identical except variation in amounts, we .....

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Sep 08 2006 (TRI)

Assistant Commissioner of Income Vs. Graphic Era Educational Society

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-08-2006

Reported in : (2007)108TTJ(Delhi)608

..... is a society registered on 3rd sept., 1996 by registrar of firms, societies & chits, uttar pradesh, garhwal region, dehradun. the society is also registered under section 12a of the it act vide cit's order dt.31st may, 1999. the objects of the society are as under: (a) advancement, promotion and spread of computer education, higher professional ..... is no allegation by the department that the funds have been siphoned off. the cit should not have withdrawn the registration granted to the assessee under section 12aa of the it act. the tribunal has thus reversed the decision of cit, dehradun.7. in the instant case, according to the ao, this educational society is charging ..... the assessee is rendering services of education to the general public, therefore, its activities clearly fall within the ambit of charitable purpose as defined under section 2(15) of the it act, 1961. charging of fee does not in anyway dilute the aspect of charitable purpose. it is the end use and spirit and objective which .....

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Sep 07 2006 (TRI)

Dwarikesh Trading Co. Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Sep-07-2006

Reported in : (2007)106TTJ(Mum.)155

..... circumstances of the case, the tribunal has committed an error in not correctly understanding the factual findings which is tantamount to an error rectifiable under section 254(2) of the it act. (iii) whether facts and circumstances of the case revealed that the assessee has adopted a method of accounting of interest on cash basis ..... circumstances of the case, the tribunal has committed an error in not correctly understanding the factual findings which is tantamount to an error rectifiable under section 254(2) of the it act. (iii) whether facts and circumstances of the case revealed that the assessee has adopted a method of accounting of interest on cash basis ..... circumstances of the case, the tribunal has committed an error in not correctly understanding the factual findings which is 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 .....

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Sep 07 2006 (TRI)

Haresh V. Milani Vs. Jt. Commissioner of It

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Sep-07-2006

Reported in : (2007)111TTJ(Pune.)310

..... facie evidence of the fact that the land was used and held for agricultural purposes and agricultural activity were carried thereupon. 7) as per provisions of section 2(14) of the act, agricultural land situated in all the rural areas were not brought within the tax net and did not automatically become capital asset.6. after considering ..... -92. the sale was effected by three registered sale deeds. while filing her return of income, she claimed exemption from levy of capital gains under section 54b of the act on the ground that the land sold by her was agricultural land and the sale proceeds were invested in the purchase of agricultural land within two years ..... that the agricultural land sold by the assessee with an intent to purchase another land within two years had also been permitted to claim exemption under section 54b of the income-tax act, 1961. in the instant case, even though there was no sale as such, the assessee owned agricultural land within the limits of tirunelveli corporation .....

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Sep 05 2006 (TRI)

Asstt. Cit Vs. Graphic Era Educational Society

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-05-2006

..... a society registered on 3-9-1996 by registrar of firms, societies & chits, uttar pradesh, garhwal region, dehradun. the society is also registered under section 12a of the income tax act vide cits order dated 31-5-1999. the objects of the society are as under: (a) advancement, promotion and spread of computer education, higher professional ..... no allegation by the department that the funds have been siphoned off. the cit should not have withdrawn the registration granted to the assessee under section 12aa of the income tax act. the tribunal has thus reversed the decision of cit, dehradun.7. in the instant case, according to the assessing officer, this educational society ..... assessee is rendering services of education to the general public, therefore, its activities clearly fan within the ambit of charitable purpose as defined under section 2(15) of the income tax act, 1961. charging of fee does not in anyway dilute the aspect of charitable purpose. it is the end use and spirit and objective .....

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Aug 31 2006 (TRI)

Southern Electrodes Ltd. Vs. Asstt. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Aug-31-2006

Reported in : (2008)111ITD1(Hyd.)

..... of the impost as given by the statute, to find out whether it is compensatory or penal in nature. the authority has to allow deduction under section 37(1) of the act, wherever such examination reveals the concerned impost to be purely compensatory in nature. wherever such impost is found to be of a composite nature, i. ..... appeal before the cit(a), who, concurring with the reasoning given by the assessing officer upheld the disallowance made by the assessing officer in terms of section 43b of the act. hence, assessee is in second appeal before this tribunal.3. the learned counsel for the assessee submitted that: the appellate commissioner erred in sustaining the disallowance ..... high court in the case of mewar motors v. cit 260 itr 218. he further held that payment of interest is covered by the provisions of section 43b of the act and the amount claimed is therefore not allowable. he, therefore, concluded that the interest charged by the government of andhra pradesh is penal and not .....

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