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Kailash Moudgil Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)72ITD97(Delhi)

..... 1995. the chapter is styled as "special procedure for assessment of search cases". this chapter is mainly intended to curb black money and where undisclosed income was found out in the search proceedings for a block ..... now, let us examine the provisions of chapter xiv-b themselves in order to appreciate the correct set up in which the proviso to section 158bg occurs and to appreciate the enactment of that proviso. chapter xiv-b comprising of sections 158b and ending with 158bh came into the statute by the finance act, 1995 with effect from 1-7- ..... the tribunal and the rules under which it functions." similarly, their lordships also approvingly quoted their earlier decision in a. k. kraipak v. union of india air 1970 sc 150, particularly the portion extracted by them from page 157 : "what particular rule of natural justice should apply to a given case must depend to a great .....

income-tax Officer Vs. Prem Nagar Ashram

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)38ITD435(Delhi)

..... legal position in relation to section 12a is, however, quite different in assessment years 1973-74 and 1974-75. section 12a was brought on statute book by finance act, 1973 with effect from 1-4-1973. it required the registration of the religious or charitable institution or trust with the commissioner of income-tax for purposes of ..... of association, rules and regulations or bye-laws would not be relevant to appreciate the affairs of the assessee in the year 1969 relevant to assessment year 1970-71. the learned d.r.vehemently urged that the conduct of the assessee in indulging too much in business activities, earning substantial amounts as profits from its ..... assessee.9. claiming its status as "artificial juridical person" holding various properties for charitable or religious purposes the assessee filed its return of income for a.y. 1970-71 on 29-6-1979 declaring its gross income at rs. 22,289 from its following activities, viz.: rs. asserting its character as a charitable institution the .....

Asia Satellite Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)85ITD478(Delhi)

..... was relatable to exempt income. we find that this decision as rendered in year 2000. the finance act, 2001, inserted section 14a with retrospective effect from 1st april, 1962, providing that for the purposes of computing the total income under this chapter no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income ..... 6.26. during the course of the arguments before us the learned authorised representative has placed great emphasis on the insertion of clause (iva) to expln. 2 by the finance act, 2001, w.e.f. 1st april, 2002. the case as made out was that the use or right to use any industrial, commercial or scientific equipment was brought ..... income was not the company paying the dividends but the shareholding of that assessee. further reliance was placed on the case of cit v. lady kanchanbai and anr. (1970) 77 itr 123 (sc) to contend that where the assessee had head office at indore and branches at several places, it was held by the hon'ble supreme .....

PromaIn Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)281ITR107(Delhi)

..... , shri v.h. patil appearing for m/s first global stock broking (p) ltd. as intervener submitted that chapter xiv-b prescribing special procedure for assessment of search cases was introduced in the statute by the finance act, 1995, and since the assessment for the block period assessing undisclosed income has now to be made in the cases ..... whether the power is quasi-judicial or purely administrative.even the hon'ble supreme court in the case of a.k. kraipak v. union of india air 1970 sc 150 has observed that the dividing line between an administrative power and a quasi-judicial power is quite thin and is being gradually obliterated. that, what was ..... the officer in pursuance of authorization will not be sufficient to invalidate the action provided the officer has, in exercising the authorization, acted bona fide. similarly, in the case of mamchand & co. v. cit (1970) 76 itr 217 (cal), hon'ble calcutta high court held that the presence of police without evidence of force is not detrimental .....

international Research Park Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)50ITD37(Delhi)

..... 'profits and gains of business or profession (which again will include the three export incentives). the operation of section 80hhc read with section 28, as amended by the finance act, 1990, can be illustrated by way of the following examples : deduction under section 80hhc, if entire export proceeds, i.e., rs. 100 lakhs is brought into ..... the provisions of section 80ab, which is a controlling section to allow deductions with reference to the incomes included in the gross total income of the assessee under chapter vi-a and, therefore, that is a controlling section. (4) this controlling section deems every activity as a separate activity, entitled to deduction under the respective ..... held that there should be an enquiry to find out the genealogical tree from which the profits are immediately "derived" as contrasted with "attributable". he relied upon air 1970 (sc) 1880 and the decision of the calcutta high court in the case of cit v. sutna stone and lime co. ltd. [1982] 138 itr 37 .....

Asstt. Cit Vs. K.L. Jolly and Sons

Court : Income Tax Appellate Tribunal ITAT Delhi

..... in the cross-objection no. 233/delhi/2006 the assessee has taken only one ground to challenge the validity of the block assessment proceedings in chapter xiv-b of the income tax act. this ground is as under: that the order of commissioner (appeals) upholding the validity of proceedings insofar as they relate to gifts, commission on ..... after considering the reasoning given by the assessing officer and the submissions of the assessee, deleted the addition by observing as under: it is factually correct that the entire finances of rs. 30 lakhs for purchase of property by mrs. krishna jolly has been arranged from the huf i.e., appellant. i agree with the learned. counsel ..... of dvo.6. in the cross-objection no. 234/delhi/2006 the assessee (huf) has also challenged the validity of assessment proceedings initiated under chapter xiv-b of the income-tax act.7. wherever the assessee has challenged the order of the assessing officer and that of the learned commissioner (appeals) by taking a legal plea in .....

Ramjilal Shivhare Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1982)2ITD244(Delhi)

..... do not see what else it could be. the word 'assessment' is used in the proviso not as an equivalent of the tax calculated at the rate given in the finance act but the total amount which the assessee is required to pay. the proviso applies whenever the effect of the order is to touch the pocket of the assessee and in ..... under section 139(1) read with section 139(8) as the said provisions stood in each of the years under consideration, prior to their amendments by the taxation laws (amendment) act, 1970 with effect from 1-4-1971. this view of ourselves finds support from the ratio of the decision of the supreme court in the case of l. hazari mal kuthiala ..... but shall not exceed one and a half times the amount by which the tax actually paid during the financial year immediately preceding the assessment year under the provisions of chapter xvii-c falls short of- (1) seventy-five per cent of the assessed lax as defined in sub-section (5) of section 215, or (2) where a notice under section .....

Mitsui and Company Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of expatriate employees has not been placed on record despite repeated requests/requisitions by the asstt. cit and therefore, adverse inference arises under s. 114 of the finance act (sic). that apart it is not the case of the appellant that a part of the salaries paid to expatriate employees was anything other than salary for services ..... had a bona fide belief that retention/continuation pay paid in japan to expatriate employees deputed to india is not taxable in india and accordingly the provisions of chapter xvii-b are not applicable. according to the learned counsel for the assessee this constituted a reasonable cause and the cause so shown should have been objectively ..... these provisions were made by the legislature to nullify the effect of some of the judgments like that in the case of cit & anr. vs. anwar ali (1970) 76 itr 696 (sc) where the hon'ble supreme court held that penalty proceedings are quasi-criminal proceedings and burden to prove the necessary ingredients lies upon the .....

Ece Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)11

..... also held that there was a lacuna in the statute to provide for such computation provisions which has been removed by insertion of section 50b by the finance act, 1999 w.e.f. 1st april, 2000 and this provision being a substantive one is not retrospective in operation. to the similar effect is the ..... any business operations by ece upto the closing date, which exclusion shall include without limitation any taxes or any employee matters (except as expressly assumed according to chapter 8) or any environmental liabilities, any financial debits or any costs which were caused by ece or any other liabilities to third parties (hereinafter collectively referred ..... the said acquisition was quashed by hon'ble supreme court and thereafter the parliament enacted the banking companies (acquisition and transfer of undertakings) act, 1970.the second schedule to this act provided for a lump sum compensation in respect of each of such undertakings taken over. the assessee was paid a compensation of rs. .....

Smt. Krishna Verma Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)107ITD1(Delhi)

..... technical or minor but it would be fatal to the provisions of section 158bfau) of chapter xiv-b of the act.46. he also pointed out that a similar position also existed in the provisions of section 148 prior to its amendment by the finance act, 1996, which required that notice under section 148 can be issued to the assessee for ..... income within a specified period not being less than 30 days. section 148 was modified with retrospective effect from 1st april, 1989 and the board's explanatory notes on finance act, 1996 are to the following effect: notices issued under section 148 have been held to be invalid by the tribunal on the ground that whereas the statute allows ..... a notice is actually issued. in this case, admittedly, the notice was issued within the prescribed period of limitation as 31st march, 1970, was the last day of that period. service under the new act is not a condition precedent to conferment of jurisdiction on the ito to deal with the matter but it is a condition precedent to .....