Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: delhi Page 16 of about 2,077 results (0.077 seconds)

M/S Omaxe Ltd. and anr. Vs. Deputy Commissioner of Income Tax and anr.

Court : Delhi

..... and if the commissioner fails to furnish the report within the said period, the settlement commission may make the order without such report.]. (1a) 72[omitted by the finance (no.2) act, 1991, w.e.f. 27-9-1991.]. (2) a copy of every order under sub-section (1) shall be sent to the applicant and to the ..... under sub-section (2c), be recovered and any penalty for default in making payment of such additional amount may be imposed and recovered, in accordance with the provisions of chapter xvii, by the 7576 [assessing]. officer having jurisdiction over the assessee.]. (3) where an application is allowed to be proceeded with under sub-section (1), the ..... manned by "persons of integrity and outstanding ability having special knowledge of, and, experience in, problems relating to direct taxes and business accounts". the provisions of chapter xix-a suggest that all matters in relation to the case of the assessee shall be dealt with by the itsc just as an assessing authority would deal with .....

Enbee Express Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... upholding the order-in-original, by which penalty of rs. 35,425/- was imposed on the appellant under section 76 of chapter v of the finance act, 1994 and penalty of rs. 1,000/- under section 77 of the said act.2. there is no dispute over the fact the appellant was engaged in courier service which was taxable service. admittedly, the assessee ..... had contravened the provisions of section 68 of the act, on as many as 40 occasions up to march, 2000. it had ..... st 3 returns late. therefore, show cause notice dated 9-10-2000 was issued to the assessee in respect of penalties imposable under sections 76 and 77 of the act, for contravention of the provisions of sections 68 and 70, respectively.3. the appellant in their reply dated 7-11-2000 to the show cause notice contended that they .....

Sangeeta Exports (P) Ltd., Vs. Union of India (Uoi) Through the Secret ...

Court : Delhi

Reported in : (2008)219CTR(Del)605; [2009]311ITR258(Delhi)

..... the instance of the commissioner'.24. section 79(2) of the act lays down 'any offence under this chapter may, either before or after the institution of proceedings, be compounded by the chief commissioner or a director general.'25. the finance (no. 2) act, 1991, has inserted an explanationn giving it retrospective operation with effect from ..... april 1, 1962, which reads as under:for the removal of doubts, it is hereby declared that the power of the board to issue orders, instructions or directions under this act shall include and shall ..... application for compounding, hence the chief commissioner of income tax is rejecting the application of the petitioners for compounding. reading section 279(2) of the act along with the explanationn, there is no manner of doubt that the commissioner has to exercise the discretion in conformity with the instructions issued by the .....

Yum Restaurants (India) Private Limited and Another Vs. Income Tax Off ...

Court : Delhi

..... section 92ca of the income tax act, 1961 by finance act, 2012. (ii) whether amp expenses incurred by the assessee in india can be treated and categorized as an international transaction under section 92b of the income tax act, 1961? (iii) whether under chapter x of the income tax act, 1961, a transfer pricing adjustment ..... impermissible. (viii) the bright line test (blt) was judicial legislation. by validating the blt the special bench in lg electronics case went beyond chapter x of the act. even international tax jurisprudence and commentaries do not recognise blt for bifurcation of routine and non-routine expenses. (ix) segregation of aggregated transactions ..... (ii) amp expenses were held to be international transaction as this was not denied as such by the assessees therein. (iii) chapter x and section 37(1) of the act operated independently. the former dealt with the alp of an international transaction whereas the latter deals with the allowability/disallowability of business expenditure .....

Bhasin Tobaccos Ltd. & Ors. Vs.gambro Nexim (India) Medical Ltd. & Ors ...

Court : Delhi

..... vii) at the time of agreement to sell in favour of the defendant no.4 as well as the agreements to sell in favour of the plaintiffs, chapter xxc of the income tax act, 1961 was in vogue. the same prohibited transfer of property in excess of the specified value without obtaining the prior permission of the authority constituted under the ..... and in possession thereof. (iii) the defendant no.1, on 27th march, 1997 entered into an agreement to sell the property to the defendant no.4 motor & general finance ltd. and executed and registered a general power of attorney with respect to the property in favour of defendant no.5 mr. rajeev gupta, executive director of motor & general ..... finance ltd. (iv) the property, at the time of agreement to sell was mortgaged with punjab & sind bank and it was inter alia a term of the agreement to .....

H. Jahangir Bhatusha Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 1984(15)ELT106(Del)

..... exempts in all a total quantity of three lakh tonnes of soybean oil, sunflower oil, rapeseed oil, palm oil and palm oleine falling within chapter 15 of the first schedule to the customs tariff act, 1975 (51 of 1975), and to be imported by m/s. state trading corporation of india limited from,-(a) that portion of the ..... c. it was only incidental that the modification also affected stray persons like the petitioners, who adventitiously happened to import these commodities after the ban of 2nd december, 1978 because of the concession given to them by the government honouring their pre-ban commitments. no complaint was made by any one against this notification.4. then came ..... exceptional nature as mentioned above and in exercise of the powers conferred by sub-section (2) of section 25 of the customs act, 1962 (52 of 1962) read with subsection (4) of clause 31 of the finance bill, 1979, which clause has by virtue of the declaration made in the said bill under the provisional collection of taxes .....

Commissioner of Income-tax Vs. Nalwa Investment Ltd.

Court : Delhi

Reported in : [2009]179TAXMAN262(Delhi)

..... in the jisco, was clearly part and parcel of the terms and conditions of the issue. the arrangement between a public financial institution-uti and jisco for part financing the investment had been examined by the tribunal in the first round. the tribunal after noting the benefit which had accrued both to the assessee, and uti, that ..... and a premium of rs. 190. jisco being aware of the fact that in order to make the rights issue a success it had to ensure availability of finance to its investors. in order to achieve the said purpose jisco entered into an arrangement with unit trust of india (hereinafter referred to as 'utt) whereby uti agreed ..... determined in pursuance of a return filed in accordance with provisions of sub-section (3) of section 139. section 80 of the act reads as follows:submission of return for losses,-notwithstanding anything contained in this chapter, no loss which has not been determined in pursuance of a return filed in accordance with the provisions of sub-section (3 .....

Rambagh Palace Hotels Pvt. Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2008)12STJ210CESTATNew(Delhi)

..... over-looked as is evident from the definition of 'mandap', which has defined in sub-section (66) of section 65 of chapter v of the finance act, 1994, means, "any immovable property as defined in section 3 of the transfer of property act, 1882 and includes any furniture, fixtures, light fittings and floor coverings therein let out for a consideration for organizing any official .....

Additional Commissioner of Income-tax, Delhi-i Vs. Madan Mohan Lall Sh ...

Court : Delhi

Reported in : [1985]153ITR134(Delhi)

..... deduction under that section shall be computed with reference to the income by way of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference to the gross amount of such dividends.' 6. a plain reading of s. 80a shows that the question is to ..... that is the direction of the aac and rightly upheld by the tribunal. it would be up to the ito to act in accordance with those directions. 5. by the finance (no. 2) act, 1980, s. 80a has been inserted in the act, with retrospective effect from april 1, 1968. it is to this effect : 'where any deduction is required to ..... the gross dividend income the proportionate expenditure claimed to be allocable for earning dividend income for the purpose of computing the relief under section 80m of the income-tax act, 1961 for the assessment year 1969-70 5. whether the tribunal was right in upholding the order of the appellate assistant commissioner in the market of determining .....

Dr. Prannoy Roy and anr. Vs. Cit and anr.

Court : Delhi

Reported in : (2002)172CTR(Del)465

..... have said so in explicit terms.19. we can take judicial notice of the fact that the legislature has enacted section 271f with effect from 1-4-1999 by finance (no. 2) act of 1998, providing for a penalty, in case of a person, who is required to furnish a return of his income as required under sub-section (1) of section ..... . the interpretation clause also begins with the word 'unless the text otherwise requires'. advance tax has been defined to mean the advance tax payable in accordance with the provisions of chapter xxvii-c. such a definition is not an exhaustive one. if the word advance tax is given a literal meaning, the same apart from being used only for the purpose ..... of chapter xxi-c may be held to be tax paid in advance before its due date, i.e., tax paid before its due date. the matter might have been otherwise, had .....