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Deputy Cit Vs. Triveni Engineering Works Ltd..

Court : Delhi

Reported in : (2004)88TTJ(Del)165

..... examined by the ahmedabad bench. relevant observation of the tribunal are as under :'section 115j has been introduced by way of an independent chapter xii-b in the income tax act by the finance act, 1987, and it came into force from the assessment year 198889. while introducing section 115j, the legislature deleted section 80vva which provided ..... as there is no ambiguity in the statutory language, resort to any interpretative process to unfold the legislature intent becomes impermissible. section 115j was introduced by the finance act with effect from, 1-4-1988, to charge income-tax on zero-tax companies, the companies which declares the nil income or in loss though earn sufficient ..... representative has also placed reliance on the judgment of the apex court in the case of nova pan india ltd. v. collector of central excise & customs : 1994(73)elt769(sc) in which their lordships have laid down the principle that in the taxing statute, there is no room for any intendment, that regard must be .....

Commissioner of Income Tax Vs. Hydle Constructions Pvt. Ltd.

Court : Delhi

Reported in : [2003]259ITR344(Delhi)

..... . (1983) 142 itr 696, relied upon by sri. murthy, are no doubt not decisions rendered under section 80hh or under section 84 -- they arose under the relevant finance acts, the question being whether the assessed were industrial companies -- but they do contain observations which tend to support the stand of the revenue. it may be that the respondent is ..... attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter vi-a of the said act) is not less than 50% of the total income. the said question has also not been gone into by the authorities in the instant case.therein ..... the assessed herein had been manufacturing the said products regularly or not had not been answered.19. in builders associations of india v. union of india and ors., : [1994]209itr877(sc) the decision of the apex court in n.c. budharaja & co's case (supra) was merely followed and no other law has been laid down therein.20 .....

Union of India (Uoi) and ors. Vs. Parshadi and ors.

Court : Delhi

Reported in : 2003(69)DRJ751

..... .10.3 the private developers and the organized sector will be en-.couraged to invest in various forms of housing and land development by access to finance, speedier approval of schemes and other forms of support removal of constraints to assembly and development of land, while they will be induced to devote ..... situated in village okhla mahigiran, mehrauli. they also made a prayer to the effect that the appellants herein should be directed to implement the national housing policy 1994 ('nhp-94' for short) as adopted by both the houses of parliament. however, during the pendency of the writ petition, certain significant developments took place. ..... directing the respondents, their official to implement the national housing policy-1994 as approved by both the houses of parliament in august 1994 (annexure p-13) qua the land by removing all the constraints of acquisition notification and proceedings under the land acquisition act, so that the petitioners may develop their lands as per master plain .....

Cit Vs. Hydle Constructions (P) Ltd.

Court : Delhi

Reported in : (2002)178CTR(Del)119

..... basis of the condition laid down in that case and the requirements given in that section. there are various points of difference between 'industrial company' as defined in the finance act and an 'industrial undertaking' to which benefit under section 80j is available. besides the fact that the industrial undertaking can be owned by any person other than, a ..... attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter vi-a of the said act) is not less than 50 per cent of the total income. the said question has also not been gone into by the authorities in the ..... whether the assessed herein had been manufacturing the said products regularly or not had not been answered.19. in builders associations of india v. union of india & ors. : [1994]209itr877(sc) , the decision of the apex court in n.c. budharaja & co.'s case (supra) was merely followed and no other law has been laid down therein. .....

India Waste Energy Development Ltd. and anr. Vs. Govt. of Nct of Delhi ...

Court : Delhi

Reported in : 2003(66)DRJ224

..... shall, if he is an existing dealer, apply within the prescribed time for amendment of his certificate or registration.'10. the section, falling in chapter vi of the act containing provisions for fixing liability to pay tax etc. of the dealer on certain other persons on the happening of specified events, creates the liability ..... record. in support of his plea that the corporate veil could be lifted even in the absence of any statutory provision, learned counsel has placed reliance on pnb finance limited v. shri shital prasad jain and ors. (1983) 54 comp. cas. 66, ravi kant v. national consumer disputes redressal commission : air1997delhi182 , commissioner of ..... bihar and ors. (1964) 34 comp. cas. 458, andhra pradesh state road transport corporation v. the income tax officer, b-1, b-ward, hyderabad and anr. : [1994]52itr524(sc) and electronics corporation of india ltd. and ors. v. secretary, revenue department, government of andhra pradesh and ors. : air1999sc1734 .8. mr. a.s. chandhiok, .....

Shri Dev Kumar JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

..... verghese v. ito-131 itr 597. our attention was also invited to cit v. late gulshan kumar. reliance was also placed upon section 50c which was introduced by the finance act, 2001 for the proposition that on a reading of it, the legislature thought in necessary to law down that the circle rates could be taken into consideration. it was further ..... held that the assessing officer was fully empowered to make a reference for the purpose of computation of total income under chapter iv. these powers of the assessing officer are not restricted only for ascertaining a ..... for valuation of capital assets to a valuation officer for the purpose of chapter iv. in these circumstances, following the observations of the andhra pradesh high court in daulat ram v. ito [1990] 181 itr 119 (fb) and madras high court in c.t.laxmandas v. asstt. cit [1994] 208 itr 859, in the instant case, it was to be .....

Meghdoot Gramodyog Sewa Sansthan Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(153)ELT695TriDel

..... .l.t. 610 wherein the tribunal has held as under :- "25... the notes explaining the important changes made in the central excise duty under the finance bill, 1994 (quoted in the earlier portion of this order) would show that exemption from excise duty on all patent or proprietary medicines of homoeopathic, unani, siddha, ayurvedic ..... are manufactured as per their own formula but all the ingredients are mentioned in the authoritative text books on ayurveda.3.1 the learned counsel submitted that chapter 30 of the tariff covers "pharmaceutical products''. heading no. 30.03 covers "medicaments (including veterinary medicaments)" and sub-heading 3003.30 covers "medicaments including ..... the following products : 2.2 he mentioned that appellants manufacture these products on the strength of the ayurvedic drug licence under the drugs and cosmetics act 1940; that the ingredients based on which the products are manufactured are duly mentioned in the authoritative ayurvedic text book i.e. bhava prakash, .....

Tedco Investment and Financial Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... ] ac 935 p. 945 and rajnarain singh 's case (supra) was misplaced.it was further stated that the reliance on section 43d substituted by finance act, 1999 with effect from 1-4-2000 was also misplaced which is in respect of public financial institutions, scheduled banks and is not applicable to non-banking financial ..... .12 a perusal of these sections clearly brings out the fact that section 45q in unambiguous language enunciates the intention of the legislature by stating that the provisions of chapter iiib shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such ..... real income, cit v. shiv prakash janakraj & co. (p.) ltd. [1996] 222 itr 583, 88 taxman 536 (sc), 252 itr 229 (sic) and kerala financial corporation v. cit [1994] 210 itr 129, 75 taxman 573 (sc).6.7 in the ultimate analysis, reliance was placed upon the orders of the tax authorities.7.1 we have heard the rival .....

Shahnaz Ayurvedics and ors. Vs. Commissioner of Central Excise,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(88)ECC615

..... the correct classification of the products manufactured by the appellants would be under chapter 30 and not under chapter 33 of the central excise tariff; that there was no definition of 'ayurvedic medicines' given in the central tariff act till 1994; that goods coming under sub-heading 3003.03 including ayurvedic medicines were exempted ..... 24.11.98 are whether the goods manufactured by the appellants no. 1 & 2 are ayurvedic medicaments classifiable under chapter 30 of the schedule to the central excise tariff act or under chapter 33 as cosmetics, whether m/s. shaherb cosmetics are the related persons for the purpose of section 4 of the ..... from duty under notification no.32/89-ce dated 1.3.89 and subsequently under notification no. 9/93-ce dated 28.2.93; that in 1994 .....

Sterling Tools Ltd. Vs. Dy. Cit

Court : Delhi

Reported in : (2004)91TTJ(Del)261

..... (2002) 80 itd 429 (chen), but highlighting at the same time that it was only the amendment carried out in sub-section (1) of section 158bb by the finance act, 2002, with effect from i-6-2002, that the evidence gathered in post-search enquiries could be made the basis for proceeding with a block assessment.13. reliance was ..... various reported judgments, the learned counsel placed reliance on cit v. ravi kant jain (2001) 250 itr 141 for the proposition that the scope and ambit under chapter xiv-b was limited to material unearthed during the course of the search, on cit v. rajendra prasad gupta for the same proposition i.e., a block assessment ..... this connection, your kind attention is invited to the decision of the calcutta high court in the case of income tax officer & ors. v. santosh kumar dalmia : [1994]208itr337(cal) wherein the high court has observed as under :'............ the question of valuation is a matter of opinion and valuation differs from valuer to valuer, property to property .....