Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Court: income tax appellate tribunal itat delhi Page 1 of about 424 results (0.120 seconds)

Jindal Strips Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)47ITD349(Delhi)

..... will have to be excluded from the amount of income-tax payable by the company in respect of its total income). the annual finance act concerned here is the finance act, 1984. this finance act did not levy any tax on the distribution of dividends. therefore, the question of any income-tax payable on the distribution of dividends ..... by it. the explanation says that the expression "the relevant amount of distributions of dividends" means the meaning assigned to it in the finance act of the relevant year. now in the finance act of 1984, the expression 'relevant amount of distributions of dividends' has not come up for any particular consideration. that apart what is ..... vii) of rule 1 included in the total income; (b) the amount of income-tax, if any, payable by the company under the provisions of the annual finance act, with reference to the relevant amount of distributions of dividends by it. explanation: in this sub-clause, the expression 'the relevant amount of distributions of dividends' has .....

The Dy. Commissioner of Vs. Shri Bhim Singh Lather

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)282ITR151(Delhi)

..... was no specific provision to provide for the rectification of the assessment downwards if the compensation is reduced except by the provisions of section 154. the finance act, 2003 inserted sub-section (16) in section 155 to provide that where such amount of compensation or consideration is subsequently reduced by any court, tribunal or other authority, capital ..... by different courts often results? in mistakes of computation of tax. 24.6. with a view to removing the difficulties, the finance act. 1987 has inserted a new sub-section (5) in section 45 to provide for taxation of additional compensation in the year of receipt instead of in the year of transfer of the capital ..... by different courts often results in mistakes of computation of tax. 24.6 with a. view to removing these difficulties, the finance act., 1987 has inserted a new sub-section (5) in section 45 to provide for taxation of additional compensation in the year of receipt instead of in the year of transfer of the capital .....

State Trading Corpn. of India Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)36ITD497(Delhi)

..... (sb) and shree arbuda mills ltd v. ito [1983] 3 sot 311 (ahd.). it was next contended by shri srivastava that the explanation to section 263(1) substituted by the finance act, 1988 with effect from 1-6-1988 would not make any difference for the reason that the explanation was substituted with effect from 1-6-1988 and, ..... of the assessee in support of the theory of total merger no longer hold good in view of the explanation, clause (c) to section 263(1) which has been retrospectively amended by the finance act, 1989. the commissioner, therefore, in this case had the jurisdiction to revise the assessment on the issues which were not considered and decided ..... include - (a) an order of assessment made on the basis of directions issued by the inspecting assistant commissioner under section 144a or section 144b; and...10. the above explanation was substituted by the new explanation by the finance act, 1988 with effect from 1-6-1988 and the explanation, clause (c) as substituted with effect from 1-6 .....

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

Court : Income Tax Appellate Tribunal ITAT Delhi

..... lease of tangible or intangible property etc. it was submitted that the expression in the nature of has been clarified by way of insertion of explanation to section 92b by the finance act, 2012 with retrospective effect from 1-4-2002, but the case under consideration does not fall in any of the sub-clauses of clause (i) ..... 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 an international transaction between associated enterprises shall ..... tpo cannot determine alp of an international transaction. this judgment has been rendered on consideration the provisions of sub-section (2) of section 92ca. 7.8. it is interesting to note that the finance act 2011 inserted sub- sec. (2a) of sec. 92ca w.e.f. 1-6-2011. as per this provision the tpo shall determine alp of any .....

Vinod Khatri Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)82TTJ(Delhi)911

..... thus the basis for imposing penalty for concealment of income is to be taken out separately and independently for the assessment order.29. it may be pointed out that by finance act, 1999 section 253(6) was amended by adding clause (d). the board vide circular no. 779 dt. 14th sept., 1999 reported in [(1999) 240 itr 3 (st)] ..... construed in a similar manner as laid down by the rajasthan high court in the aforesaid judgment. now, coming to clause (d) which has been added to section 253(6) by finance act, 1999 w.e.f. 1st june, 1999, this has been inserted by the legislature since, appeals are also filed on issues, such as tds defaults, ..... relation with the assessed income. according to the learned counsel, the legislative intention in introducing clause (d) by the finance act, 1999 is to specifically provide that, in case of appeals which involve penalties under various sections of the it act like sections 269d, 271b, 271d and 271 etc., fee of rs. 500 would be paid by an aggrieved assessee while .....

R.S. Avtar Singh and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)14ITD366(Delhi)

..... consideration related to various claims. these were : (a) for levy of a lower rate of tax provided for an industrial company under the provisions of section 2(9)(c) of the finance act, 1976 ; while considering these separate claims, the full bench took note of the distinctive statutory provisions applicable in respect of the three claims. dealing ..... year (assessment year 1978-79) it was provided that an assessee would be entitled to investment allowance if machinery was used in ..... p.) ltd. that it was entitled to benefit under sections 80j and 80hh, the full bench negatived the claim of the assessee. as far as the claim for grant of investment allowance is concerned, the full bench noted the amendment in section 32a with effect from the assessment year 1978-79 and then held as follows : for this .....

Addl. C.i.T., Special Range-5 Vs. Vestas Rrb India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)275ITR81(Delhi)

..... intended" in fact the amendment would not serve its object in such a situation, unless it is construed as retrospective." initially the first proviso was inserted in section 43b by the finance act, 1987 w.e.f. 1st april, 1988. however, the assessee's contention was that since the proviso was inserted to remove the hardship, the same had ..... been expressed by the hon'ble rajasthan high court in cit v. shiv dayal radhey shyam 259 itr 147 by observing that first proviso to section 43b of the act inserted by the finance act, 1987 is retrospective and if the sales tax had been paid after the due date but during the grace period allowed under the sales tax ..... 1996 have been made even after the grace period had expired. however, the proviso clause to section 43b stands amended by the finance act, 2003. prior to the amendment of section 43b, the two proviso 43b read as under: "provided that nothing contained in this section shall apply in relation to any sum referred to in clause (a) or clause (c) .....

Suhag Traders (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)114TTJ(Delhi)116

..... of cit v. avery cycle industries (p) ltd. (supra) has also not been given in context of the second proviso and/or omission of second proviso to section 4313 by finance act, 2003.14. it may, however, be mentioned that an issue regarding allow ability of deduction of pf and esi paid after the due date, but before the due ..... 2004-05. in the face of this material, which are normal aids to construction, it cannot be said that because the second proviso has been omitted by the finance act, 2003 section 43b is also now covered by the first proviso. in interpreting statutory provisions, the court also considers the mischief rule, namely what was the state of law before ..... v. godaveri (mannar) sahakari sakhar karkhana ltd. (2007) 212 ctr (bom) 384, the hon'ble bombay high court has held that the deletion of second proviso to section 43b by finance act, 2003 w.e.f. 1st april, 2004 as prospective in nature and not retrospective in nature. the observation of the hon'ble court are as under: held : when .....

income-tax Officer Vs. Lt. Col. G.R. Chopra

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)11ITD662(Delhi)

..... before the aac, who has accepted the claim of the assessee for standard deduction under section 16(i) against the pension amount received by him (the assessee) by observing as under : section 16 of the income-tax act, 1961, as it stands after the amendment by the finance act, 1974, with effect from 1974-75, deals solely and exclusively with deductions admissible against ..... supreme court in s.g. jaisinghani v. union of india [1967] 65 itr 34 and dinesh chandra sangma v. state of assam air 1978 sc 17, have urged that the expression 'employment' used in section 16(i), which in the present case means the employment under the government, is a matter of status, one of the incidents of employment ..... above benches of the tribunal, as also by the allahabad bench of the tribunal in the case of swaroop kishan [it appeal no. 15 (all.) of 1978-79, decided on 10-8-1978].26. we, therefore, on the facts and in the circumstances of the case and our above discussion, uphold the order of the aac in the present .....

inspecting Assistant Vs. Paliwal Glass Works

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1987)20ITD50(Delhi)

..... for any action to rectify a mistake in an order passed by the aac before the appointed day would arise after the said date. those words in section 39(2) of the finance act, 1977 would cover cases where the rectification application had been filed after the appointed day or the aac had issued the show-cause notice on his own ..... and the same aac or any other aac presently having jurisdiction in respect of the concerned case of the assessee may amend the previous order. likewise section 39(2) of ths said finance act would cover the cases where the tribunal's order setting aside the aac's order wholly or partly was passed after the appointed day, i.e., ..... july 10, 1978. where the order of the tribunal setting aside the aac's order for redisposal on a particular point or entirely was passed before the appointed day, it would be covered under section .....