Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2008)1113ITD624(Delhi)
..... took in photo colour films also as photographic goods. she rejected the assessee's argument based on the amendment made to item no. 9 of the eleventh schedule by the finance act, 1988. prior to the amendment, entry no. 9 read as "cinematographic films and projector". after the amendment it read as "projector". the argument of the assessee was ..... it is merely afresh application of mind by the same ao to the same set of facts. while passing the original orders of assessment the order dt. 28th feb., 1994, passed by the cit(a) was before the ao. that order of the cit(a) while recording reasons under section 147 he could have said even in the original ..... goods would definitely include photographic films. my predecessor in appellant's own case for asst. yr. 1990-91 (appeal no. 63/1993-94) vide order dt. 28th feb., 1994 held on this issue as below: i have carefully considered the arguments put forth by the authorized representative which have no doubt great force. after the exclusion of the term .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2006)104TTJ(Delhi)989
..... the regular bench while hearing appeal of shri om prakash (huf) found that different benches of tribunal, at different places, are interpreting section 45(5) of it act inserted by finance act, 1987 differently and there is a divergence of opinion on the issue. some benches have held that amendment and introduction of sub-section (5) of section ..... was not maintainable. the assessee took several legal steps to realize compensation from the state government and ultimately succeeded in receiving rs. 92,06,384 in may, 1994. however, this was only an interim relief and question whether additional compensation awarded was maintainable was subject-matter of dispute before the hon'ble allahabad high court.13 ..... court for fresh determination of the market value. the ao by order passed in regard to the asst. yr. 1994-95, brought the said amount to tax under section 45(5)(b) of the act holding that he amounts received by the assessee were deemed to be income of the year in which the amounts were .....
Tag this Judgment!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 ..... ' by clause (b) of sub-section (6) of section 280zd, it is, in our opinion, not permissible to include the special duty levied by section 80 of the finance act of 1965 within the expression 'duty of excise' for the purpose of grant of tax credit certificate. to hold otherwise would have the effect of making a dead letter of ..... at the relevant time was mentioned to be rs. 23.60 per tonne. a special duty of excise on certain goods including cement was levied by section 80 of the finance act, 1965 (no. 10 of 1965), which reads as under :'80. (1) when goods of the description mentioned in this section chargeable with a duty of excise under the .....
Tag this Judgment!Court : Delhi
..... on the nature of the risk to the security of the witness, the value of the evidence and the importance in the matter. the australian witness protection act, 1994 establishes the national witness protection program in which (amongst others) the commissioner of the australian federal police arranges or provides protection and other assistance for witnesses [ ..... to implement this programme shall be made and a separate fund, to implement the scheme, shall be created, within the said period of ten weeks by the finance department of the govt. of delhi, in consultation with all the stake holders, i.e. police agencies, department of home and the law department. the fund ..... through. 154th report of the law commission (1996): lack of facilities and wrath of accused referred:106. in the 154th report of the commission (1996), in chapter x, the commission, while dealing with protection and facilities to witnesses, referred to the 14th report of the law commission and the report of the national police .....
Tag this Judgment!Court : Delhi
..... transaction and securities transaction tax shall have the same meanings respectively assigned to them under chapter vii of the finance (no.2) act, 2004.'' 8. minimum alternate tax (mat) scheme was introduced by inserting section 115j in the act by the finance act, 1987. the finance minister in his speech indicated the object of introducing the said scheme as under: ''it ..... profit. this measure will yield a revenue gain of approximately rs 75 crores.'' the mat scheme was improvised further and section 115jb was introduced in the act by the finance act, 2000 w.e.f. 01.04.2001. at the material time, the rate of mat was prescribed at 7.5%. the purpose of introducing the ..... assessee in computing the income tax payable by him on the total income of the assessee. there is a clear distinction in the scope of chapter viiia of the act and other provisions which specify deductions that are available to an assessee in computing his total income. whereas deductions allowed in computing the total income .....
Tag this Judgment!Court : Delhi
..... transaction and securities transaction tax shall have the same meanings respectively assigned to them under chapter vii of the finance (no.2) act, 2004.'' 8. minimum alternate tax (mat) scheme was introduced by inserting section 115j in the act by the finance act, 1987. the finance minister in his speech indicated the object of introducing the said scheme as under: ''it ..... profit. this measure will yield a revenue gain of approximately rs 75 crores.'' the mat scheme was improvised further and section 115jb was introduced in the act by the finance act, 2000 w.e.f. 01.04.2001. at the material time, the rate of mat was prescribed at 7.5%. the purpose of introducing the ..... assessee in computing the income tax payable by him on the total income of the assessee. there is a clear distinction in the scope of chapter viiia of the act and other provisions which specify deductions that are available to an assessee in computing his total income. whereas deductions allowed in computing the total income .....
Tag this Judgment!Court : Delhi
..... /2010, the situation changed and that vocational training institutes which are not affiliated to national council for vocational training are now covered by the provisions of the finance act and, therefore, liable to pay service tax. the petitioner apparently was paying service tax for the period till 31.03.2012; however, it contends that ..... of section 107 and the interest payable under the proviso to sub-section (4) thereof, shall get immunity from penalty, interest or any other proceeding under the chapter. (2) subject to the provisions of section 111, a declaration made under sub-section (1) of section 107 shall become conclusive upon issuance of acknowledgement of ..... discharge under sub-section (7) of section 107 and no matter shall be reopened thereafter in any proceedings under the chapter before any authority / or court relating to the period covered by such declaration. 6. it is evident that the scheme was introduced to give benefit .....
Tag this Judgment!Court : Delhi
..... , new delhi, which in terms of gazette notification no.so.1696(e) dated 26.05.2017 issued by the ministry of finance, department of revenue, government of india and section 185(4) of the finance act, 2017 stands transferred to the cgit, new delhi, would stand restored to its original stage subject to submission of proof of ..... either side and taking into account the fact that the petitioner inter alia assails the initial order under section 7a of the employees provident fund and miscellaneous provisions act, 1952 that there has been non compliance of the principles of natural justice, without any observation on the merits or demerits of the said submission, subject ..... with the direction to the regional provident fund commissioner to pass a final order of assessment under section 7a of the employees provident fund and miscellaneous provisions act, 1952 in accordance with law.11. it has further been submitted on behalf of the petitioner in reply to a specific court query that the petitioner .....
Tag this Judgment!Court : Delhi
..... sub-section (2-b) or sub-section (3), or (ii) the provisions of sub-section (1) as they stood immediately before their amendment by the finance act, 2007, and after giving an opportunity to the applicant and to the principal commissioner or commissioner to be heard, either in person or through a representative duly authorised ..... therein, be recovered, and any penalty for default in making payment of such sum may be imposed and recovered in accordance with the provisions of chapter xvii, by the assessing officer having jurisdiction over the person who made the application for settlement under section 245-c.10. settlement commission has been ..... . we would now refer to other case law dealing the power and nature of jurisdiction exercised by the settlement commission under chapter xix- a of the act, which was introduced by taxation laws (amendment) act, 1975, pursuant to wanchoo committee recommendations. interpreting the provisions, the supreme court in cit versus b.n. bhattacharjee, ( .....
Tag this Judgment!Court : Delhi
..... not have any ita5932018 page 4 of 12 merit. reliance was placed on the memorandum issued by the income tax department explaining the amendments in chapter via vide clause 29 and 36 of the finance act, 2009.13. at the outset, we must record and state that the revenue does not dispute the correctness of the revised computation made ..... (2006) 284 itr323(sc). it was also submitted that the first appellate authority and the tribunal have failed to take notice of the amendment to section 80a (5) vide finance act, 2009 w.e.f. 1st april, 2003. in support, reference was made to the judgment of this court in nath brothers exim international ltd. vs. union of india ..... first time in the revised return. on being denied this claim, constitutional vires of sub-section 5 to section 80a, as inserted by finance act, 2009 and 4th proviso of section 10b (1) of the act, were challenged. the challenge was rejected by the division bench of this court holding that the amendment made cannot be faulted and quashed .....
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