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Commissioner of Income-tax, Delhi-ii Vs. Eternal Science of Man's Soci ...

Court : Delhi

Reported in : ILR1980Delhi1559

..... be excluded from the total income of the recipient. section 12 deals with the income of trusts and institutions from voluntary contributions. the section before its amendment by the finance act of 1972 with effect from 1st april, 1973, stood as follows : '12. income of trusts or institutions from voluntary contributions. - (1) any income of a ..... daulat ram general education society, new delhi, is the assessed-respondent in income-tax references nos. 226 and 227 of 1977 and the assessment years are 1969-70 and 1970-71. all these assesseds are charitable institutions. 2. the question in the respective references are as follows : eternal science of man's society, new delhi. '1. ..... basis of which the above question have been referred, it is advisable to refer briefly to the relevant statutory provisions. chapter iii of the income-tax act, 1961 (to be referred to in brief as 'the act'), contains provisions pertaining to income which does not form part of the total income. section 11, which is in .....

The Commissioner of Income-Tax, New Delhi Vs. the Eternal Science of M ...

Court : Delhi

Reported in : (1980)19CTR(Del)384; [1981]128ITR456(Delhi)

..... from the total income of the recipient. section 12 deals with the income of trusts and institutions from voluntary contri- butions. the section before its amendment by the finance act of 1972 with effect from 1st april. 1973 stood as follows:12.income of trusts ornstitutions from voluntary contributions : (1) any income of a trust for ..... educa- corporation society, new delhi is the assessed-respondent in income-tax ref- erences nos. 226 and 227 of 1977 and the assessment years are 1969-70 and 1970-71. all three assesseds are charitable institutions,(2) the questions in the respective references are as follows : the eternal science of man's society, new delhi1. ..... on the basis of which the above questions have been referred, it is advisable to refer briefly to the- relevant statutory provisions. chapter iii of the income-tax act (to be referred to in brief as ''the act') contains provisions pertaining to income which does not form part of the total income. section 11, which is in this .....

B.K. Khanna and Co. Vs. Union of India and Others

Court : Delhi

Reported in : (1985)46CTR(Del)23; ILR1985Delhi77; [1985]156ITR796(Delhi)

..... to the taxpayers due to the delay in issue of refunds in cases where the completion of regular assessment is likely to be delayed, the finance act, 1968, introduced section 141a in the act enabling taxpayers to claim tax deducted at source or paid in advance in excess of the tax due on the basis of the return of income ..... the regular assessment is not specified. the power could be constructed as simply enabling and not mandatory. but any ambiguity has been recovered by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. the statue has been amended so as to incorporate therein the substance of the assurance given in the lok sabha that where ..... some other relevant statutory provisions. the government has a definite desire to secure the tax at the earliest possible stage. this is reflected in the provisions contained in chapter xvii in sections 192 to 195 which deal with deduction of tax at source and sections 207 to 212 which provide for advance payment of tax. section 141 .....

Chandra Estates Ltd. Vs. Union of India and ors.

Court : Delhi

Reported in : 2001IAD(Delhi)613; 89(2001)DLT717; [2001]249ITR54(Delhi)

..... legislation was enacted and the provision for acquisition of property was made therein for a public purpose. we may here mention that, subsequently. chapter xx-c was inserted by the finance act, 1986, with effect from october 1, 1986, providing for purchase by the central government of immovable properties in certain cases of transfer and ..... in certain cases of transfer to counteract evasion of tax. in the said chapter, as originally enacted by the income-tax (amendment) act, 1981, section 269ab was inserted with effect from july 1, 1982, and section 269rr was inserted by the finance act, 198g, with effect from october 1, 1986.' 12. it was contended ..... 427) :'the government of india appointed the direct taxes inquiry committee under the chairmanship of justice k. n. wanchoo, former chief justice of india, in 1970 to recommend concrete and effective measures, inter alia, to unearth black money and prevent its proliferation through further evasion ; to check avoidance of tax through various .....

Chandra Estates Ltd. Vs. Union of India and ors.

Court : Delhi

Reported in : (2001)165CTR(Del)98

..... properties in certain cases of transfer to counteract evasion of tax. in the said chapter, as originally enacted, by income tax (amendment) act, 1981, section 269ab was inserted with effect from 1-7-1982, and section 269rr was inserted by finance act, 1986 with effect from 1-10-1986.'it was also contended by mr. chadha ..... therein for a public purpose. we may here mention that subsequently chapter xx-c was inserted by the finance act, 1986 with effect from 1-10-1986, providing for purchase by central government of immovable properties in certain cases of transfer and, thereforee, chapter xx-a relating to acquisition of immovable properties in certain cases ..... under :'the government of india appointed the direct taxes inquiry committee under the chairmanship of justice k.n. wanchoo, former chief justice of india in 1970 to recommend concrete and effective measures inter alia to unearth black money and prevent its proliferation through further evasion; to check avoidance of tax through various .....

The Associated Cement Co. Ltd Vs. Director of Inspection

Court : Delhi

Reported in : ILR1971Delhi556; [1972]84ITR822(Delhi)

..... in relation to the levy and collection of the duties of excise on such goods under that act or those rules.' now chapter xxi 'b entitled 'tax credit certificates' covering sections 280y to 280ze was introduced in the income-tax act by section 62 of the said finance act, 1965 sub-sections (1) and (2) and (6) of section 280zd, which deals with ..... who during any financial year commencing on the 1st day of april, 1965 or any subsequent financial year (not being a year commencing on the 1st day of april, 1970 or any financial year thereafter manufactures or produces any goods, shall be granted a tax credit certificate for an amount calculated at a rate not exceeding twenty-five per cent ..... h.r. khanna, c.j. (1) this judgment would dispose of three civil writ petition nos. 1207 of 1967, 425 of 1968 and 16 of 1970 which have been filed by the associated cement companies ltd., against the director of inspection, customs & central excise, new delhi. arguments have been addressed in petition no. 1207 .....

Associated Cement Companies Ltd. Vs. Director of Inspection, Customs a ...

Court : Delhi

Reported in : [1972]84ITR811(Delhi)

..... in relation to the levy and collection of the duties of excise on such goods under that act or those rules.'new chapter xxiib entitled 'tax credit certificates' covering sections 280y to 280ze was introduced in the income-tax act by section 62 of the said finance act, 1965. sub-sections (1), (2) and (6) of section 280zd, which deals with tax credit ..... who during any financial year commencing on the 1st day of april, 1965, or any subsequent financial year (not being a year commencing on the 1st day of april, 1970, or any financial year thereafter) manufactures or produces any goods, shall be granted a tax credit certificate for an amount calculated at a rate not exceeding twenty-five per cent ..... this judgment would dispose of three civil writ petitions nos. 1207 of 1967, 425 of 1968 and 16 of 1970 which have been filed by the associated cement companies ltd. against the director of inspection, customs & central excise, new delhi. arguments have been addressed in petition no. 1207 of .....

Maj. Kapil Mohan Vs. Commissioner of Income Tax

Court : Delhi

Reported in : [1996]221ITR430(Delhi)

..... the amounts involved is very small and the issue is also of non-recurring nature in view of the omission of s. 280d along with other sections of chapter xxii-a by the finance act, 1988 w.e.f. 1st april, 1988, we feel that it would not be worthwhile to refer the case to a larger bench particularly when for the earlier ..... , the aac accepted the viewpoint of the assessed and deleted the addition. on further appeal by the revenue, the tribunal, following its earlier order in respect of the asst. yr. 1970-71, held that the said amounts were taxable in the hands of the executor. at the instance of the assessee, thereforee, the afore noted questions have been referred. 3. at ..... has not been challenged further. 6. in this view of the matter, following the decision of this court in the assessor's own case in respect of the asst. yr. 1970-71, we answer the questions in the affirmative, i.e., in favor of the revenue and against the assessee. there will, however, be no order as to costs. .....

Orissa Cement Ltd. Vs. the Central Board of Direct Taxes and ors.

Court : Delhi

Reported in : ILR1971Delhi51B; [1972]84ITR451(Delhi)

..... or the tax payable upon a self assessment as contended by the petitioner. this section appears in chapter xxii-b of the act relating to tax credit certificates. this chapter comprises of sections 280y to 280ze and was inserted by the finance act, 1965 with effect from april 1, 1965. the petitioner is a public limited company and carries on ..... assessment year 1967-68, to get tax credit certificates for rs. 6,28,795.00 even before the regular assessment for the assessment year 1965-66 on march 30, 1970. the petitioner, thereforee, wrote a letter dated august 19, 1967 to the concerned income-tax officer stating :- 'accordingto our calculations, the tax payable for the year ..... the assessment year 1967-68. the petitioner continued to correspond with the respondents and to make representations but nothing came out of it except that on july 13. 1970, the concerned income-tax officer issued a tax credit certificate for rs. 6,23,264.00 in respect of the assessment year 1967-68. the concerned income .....

M/S. L.G. Electronics India Private Limited Vs. the Asstt. Commissione ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... to be not at arm's length, it can be adjusted to bring it at arm's length, with reference to and under the chapter x of the income tax act, 1961, and not otherwise. 25. the finance act, 2001, has substituted the existing section 92 by new section 92 and 92a to 92f. according to the above provisions, income arising from ..... carried at arm's length price is on the tax payer. in view of the above discussion it is amply clear that sec. 92 of chapter x as brought out on the statute by the finance act, 2001, has shifted the burden of proof on the assessee to establish that the international transaction has been recorded at arm's length price. ..... the marginal note: `special provisions relating to avoidance of tax'. this chapter requires the computation of income from international transactions having regard to arm's length price. the hitherto section 92 as existing on the statute up to the a.y. 2001-02 was substituted by the finance act, 2001 with sections 92 to 92f. through such tp provisions it has .....