Judgment Search Results Home > Cases Phrase: finance act 1994 chapter 5a advance rulings Sorted by: old Court: delhi Page 13 of about 386 results (0.138 seconds)

Shri Gajendra Kumar Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 110(2004)DLT591

..... 17-10-1962, total extent of 6 acres 41 cents of land in madhavaram village, saidapet taluk, chengalpattu district in tamil nadu was acquired under chapter vii of the act for the manufacture of synthetic rasina by tvl.reichold chemicals india ltd., madras. the acquisition proceedings had become final and possession of the land was taken ..... on 30-4-1964. pursuant to the agreement executed by the company, it was handed over to tvl. simpson and general finance co. which is a subsidiary ..... follow mandatory procedure and there is absence of section 4 notification qua the land of the petitioners and the entire proceedings are without jurisdiction, the respondents have acted without any authority of law. thus there is also a violation of article 300a of the constitution. 19. under article 226 of the constitution of india, .....

Late Umrao Prasad Gupta Vs. Assistant Commissioner of Wealth

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)98TTJ(Delhi)681

..... done independently of each other. if one is exempt it does not lead to automatic exemption to the other. suffice to say that prior to section 40 of the finance act, 1983, and later on apart from the specified asset there was no wealth-tax on, companies but still shares of those companies were liable to wealth-tax in ..... validity. it is well-settled principle of interpretation of statutes that the entire statute should be read as a whole and the same has to be considered thereafter chapter by chapter, and then section by section, and ultimately word by word. it is not in dispute that the ao does not have any jurisdiction to review his own order ..... meet the dues of the deceased. consequently, the right of nomination vested absolutely in the exchange. a provisional attachment order was issued by the department on 15th feb., 1994, in respect of the stock exchange card of mr. shah. in such circumstances when the right of nomination of the legal heirs had already ceased and vested in the .....

All India Personality Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)85TTJ(Delhi)514

..... (b) payment of rs. 4,33,620 to evr plantation in financial years 1995-96 and 1998-99. (c) payment of rs. 2 lakhs to consortium finance on 15th dec., 1994 and 6th sept., 1995. 5. that society was utilising its income to help the founder and his family members/associates to acquire personal assets by advancing them moneys from ..... assessee was under obligation to file its it returns for assessment years falling under the block period. failure to file the returns would bring its case within scope of chapter xiv-b. accordingly, we uphold the order of cit(a).19. before parting with our order, we would like to mention that contention of assessee that assessment was ..... always provide disincentives. considering this aspect of the matter, the legislature has not allowed the income of private institutions to be exempt under section 10(22) of the act--where such institution is being run purely on commercial basis.15. in view of the above discussion, it is held that exemption under section 10(22) can be .....

All India Personality Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... made investments of rs. 4,33,620/- with m/s bvr plantations in financial years 1995-96 and 1998-99 as well as rs. 2 lacs with consortium finance in financial years 1994-95 and 1995-96. (3) the patron and chairman of the society col. p.s. satsangi was found utilizing the funds of the assessee society freely and ..... was under obligation to file its income-tax returns for assessment years falling under the block period. failure to file the returns would bring its case within scope of chapter xiv-b.accordingly, we uphold the order of cit(a).19. before parting with our order, we would like to mention that contention of assessee that assessment was ..... personal money from its students and the same were invested in the fixed deposits with the scheduled banks or in eligible investments under section 11(5) of the income-tax act. the society was obliged to refund such deposits to the students at the time of their withrawals/leaving the school. that the society had been enjoying "overdraft facility" .....

Bernard D'Mello Vs. Industrial Finance Corporation Limited and Ors.

Court : Delhi

Reported in : 112(2004)DLT500; 2004(75)DRJ713; 2005(3)SLJ231(Delhi)

..... for which the institute is established are to provide training facilities for managers in industry and in organizations connected generally with industrial development and industrial finance at the local, state or all india level and to impart training in modern management and allied techniques to entrepreneurs and technologists entering industry ..... institute, count for any purpose as service or duty in the institute except for purposes of regulation 127 and chapter iv of these regulations.' 3. mdi is a society registered under the societies registration act' 1860. it was promoted primarily by ifci ltd. (respondent no. 1) one of the principal objects ..... promotional role, ifci had identified several gaps in the institutional infrastructure and promoted various specialized institutions, such as management development institute (mdi)... (annual report 1994-95, p 11)reference is also invited to the following provisions of the memorandum of the association and rules of respondent no. 2:(b) the .....

Aval Exports and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 115(2004)DLT184

..... application for advance licenses makes no difference to this position; it is in the nature of yet another concession. what is relevant is that he license granted under chapter vii of the policy is an advance license. it is granted in advance of export - rather to enable the export. the theory of a vested right ..... respondents issued eight quantity based licenses which is erroneous. the petitioners returned the quantity based licenses to the respondents. the petitioners again vide letter dated 9.12.1994 pointed out that they are entitled to value based license and they cannot be made to suffer because the public notice has been issued. the public notices ..... to allow free play to the government to evolve fiscal policy in the public interest and to act upon the same. equally, the government is left free to determine priorities in the matters of allocations or allotments or utilisation of its finances in the public interest. it is equally entitled, thereforee, to issue or withdraw or modify .....

Shree Rajmoti Industries Vs. Rajmoti Oil Mill Pvt. Ltd. and anr.

Court : Delhi

Reported in : 115(2004)DLT212; 2005(30)PTC38(Del)

..... (2) in r.s.d.v. finance co. pvt. ltd. v. shree vallabh glass works ltd. : air1993sc2094 wherein the hon'ble supreme court held that if the court does not have jurisdiction it ..... for the defendant has further relied upon the following judgments to contend that:- (1) in oil and natural gas commission v. utpal kumar basu and others : (1994)4scc711 it was held by the hon'ble supreme court that the mere reading of advertisement of ongc in calcutta would not bestow territorial jurisdiction on calcutta high court. ..... . the division bench has also erred in its construction of section 62 of the copyright act, 1957. section 62 reads: '62. jurisdiction of court over matters arising under this chapter.__(1) every suit or other civil proceedings arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other .....

Subhash Chand Chopra Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92TTJ(Delhi)1087

..... of the ao and the material pointed out by parties in their paper books.6. chapter xiv-b starts with s, 158b and provides the definition of "block period" and "undisclosed income". "undisclosed income" is relevant in this case, which is reproduced below as amended by the finance act, 2002, w.e.f. 1st july, 1995 : "section 158b(b) 'undisclosed income ..... , 1995.35. similarly, in ravindra fire works industries account of m/s pappin brothers also appears in which rs. 1,30,000 have been deposited on 3rd june, 1994, by way of different bank drafts purchased. this amount has been transferred to m/s praveen traders on 17th march, 1995. further enquiries were made from the bank regarding ..... the entries found in the books of account of the assessee. in the books of account of the assessee, assessee has made payment to the party on 24th march, 1994, of rs. 1,24,091 by cheque.the assessee was asked to clarify the discrepancy. however, assessee has stated that payment made by the assessee and shown in .....

Standard Surfactants Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : (2005)193CTR(Del)279

..... 4) of s. 245d shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in this chapter, be reopened in any proceeding under this act or under any other law for the time being in force.'12. the aforesaid provision was interpreted by the supreme court in nirmal & navin (p) ..... export obligation to get benefit of the scheme, failing which the interest was liable to be paid. this legal opinion was followed up by a circular of the ministry of finance, dt. 25th feb., 2003, to the effect that in case any conditions of the advance/epcg license were not fulfillled, the liability to pay interest on the duty ..... sanjay kishan kaul, j.1. the petitioner obtained an advance license for import of capital goods at concessional rates in september, 1994, and imported the said goods. the petitioner had to correspondingly fulfill the export obligations. the petitioner was unable to fulfill the export obligations within the stipulated period of time .....

Dang and Co. (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94ITD29(Delhi)

..... any limitation to assess the undisclosed income in accordance with the provisions of chapter xiv-b of the act which is a special procedure for assessment of search cases.8. the definition of 'undisclosed income' under section 158b(b) of the act has also been amended by the finance act, 2002, w.e.f. 1st july, 1995, by inserting 'or ..... assessment proceedings." 3. the ao being not satisfied about the genuineness and also by relying on the hon'ble calcutta high court decision in cit v. precision finance (p) ltd. (1994) 208 itr 465 (cal) treated the credits of rs. 55,00,000 as unexplained and by holding the same as bogus cash credit and invoking section ..... was required to furnish confirmation and the genuineness of the transaction, the assessee tendered the following explanation : "the addition of rs. 55 lakhs for the asst. yr. 1994-95 being the alleged undisclosed receipt from m/s concept international (p) ltd., it is submitted that the entire amount is duly credited in the books of accounts and .....