Judgment Search Results Home > Cases Phrase: finance act 2006 section 2 income tax Court: income tax appellate tribunal itat jodhpur Page 24 of about 252 results (0.134 seconds)

income Tax Officer Vs. Hitesh Kumar Panchori

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2008)113TTJ(Jodh.)357

..... deleted this addition by observing that all the payments made in cash are within permissible limit and are not hit by section 40a(3) of the act.we have heard rival submissions and have perused the available materials on record carefully.12. the assessee made various payments on 21st april, 2003, 22nd april, 2003, 19th ..... appeal are that the ao has found that the assessee has made cash payments towards the purchase totalling to rs. 55,000, in contravention of the provisions of section 40a(3) of the act. consequently, the ao disallowed 20 per cent of this amount and added rs. 11,000 in the total income of the assessee.however, the learned cit(a) has ..... 1. the appeal by the revenue for asst. yr. 2004-05 is directed against the order of the learned cit(a) dt. 16th june, 2006. it was stated by learned authorised representative at bar that there is no cross-appeal by the assessee. on the facts and in the circumstances of the case, the learned .....

Deputy Commissioner of Income Tax Vs. Udaipur Distillery Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... of the authorities. he has also contended that the public relation expenses involve expenditure on liquor and so it has rightly been disallowed as being entertainment expenditure under section 37(3a). in rejoinder the learned authorised representative of assessee has contended that summary of public relation expenses is given on p 57 of paper book and that ..... employer makes payment of employee's contribution within the period of grace then he is not treated to be in default under the employees' p.p. scheme and the relevant act. similarly (1997) 63 itd 182 (mumbai) (supra) is also supportive of the assessee in this respect. no contrary decision has been cited by the other side. ..... previous year or any other subsequent date, under the second proviso deduction has to be allowed if the payment had been made within the due date prescribed under the act. it has also been held that there is some ambiguity over the expression "15 days from the close of the month" inasmuch as it is not clear .....

Deputy Commissioner of Income Tax Vs. Hindustan Zinc Ltd.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... v. gorelal dubey (supra), we hold that the royalty or cess or royalty, is tax which falls under the prohibition provided in section 43b of the it act. therefore, the order of ao is sustained and that of the cit(a) is reversed.13. ground no. 4 : disallowance ..... 9 of the order it was held by the cit(a) that the rent of the guesthouse was an allowable expenditure under section 30 of the act.9. the learned authorised representative supported the order of the cit(a) and relied upon the following case laws as under ..... , the cit(a) on the basis of the decision in the earlier year had allowed the claim of the assessee under section 30 of the act as under : these expenses had been allowed on the basis of the decision of the cit(a) for the asst. ..... guest-house expenses the plea of the authorised representative is that these expenses were covered by provision of section 37(4) r/w section 37(1) of the act. the company's guest-houses are actually transit accommodation and rest house. the employees stay in this .....

Parmeshwari Textiles Vs. Income Tax Officer [Alongwith Ita

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)92TTJ(Jodh.)764

..... v. k.k.mansinghka in ita no. 9207/bom/1990, dt. 26th july, 1996. the tribunal in that case, under identical situation, deleted the penalty under section 271(1)(b) of the act. the excerpt of the decision are placed at p. 3 of the paper book which is being reproduced below : "we have carefully considered the rival submissions and the ..... ) on 17th nov., 1995 which was allegedly served on 23rd nov., 1995 requiring compliance on 24th nov., 1995. on receipt of notices fixing the case under section 143(2)/142(1) of the act dt. 17th nov., 1995, all the three assessees moved an application for adjournment. this fact has not been denied by ao. rather, it has been admitted ..... behalf of the department.3. we have heard the learned rival representatives and have perused evidence on record.4. in this case, penalty under section 271(1)(c) of the it act, 1961, hereinafter referred to as 'the act'), was levied by the ao.5. the ao imposed rs. 5,000 on each of the assessees/appellants for alleged default of non- .....

Sumerpur Truck Operators Union Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)97TTJ(Jodh.)147

..... impugned expenses are allowed. the additions are deleted and this ground of appeal is allowed.21. the next ground relates to charging of interest under section 234b and 234c of the act, which is by now settled that charging of such interest is mandatory and consequential. this ground is disposed of accordingly.22. in the result, ..... was imported from the definition of "workmen" given in the industrial disputes act, 1947, whereas the definition of "workmen" given in section 2(g) of the trade union act, 1926, is not considered, which is only relevant law sofaras provisions of section 10(24) of the it act are concerned. i have gone through the submissions of the learned authorised ..... this income of the assessee is exempt from tax being eligible for exemption under section 10(24) of the act.3. but, the learned ao was of the opinion that the assessee was not eligible for exemption under section 10(24) of the act. the truck operators are usually truck-owners, of course, few of them also .....

Bigabass Maheshwari Sewa Samiti Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)96TTJ(Jodh.)385

..... cit(a) on 10th sept., 2004, in relation to asst. yr. 1998-99.2. in the first ground, the assessee has assailed the validity of notice issued under section 148 of the it act, 1961.3. briefly stated, the facts of the case are that the assessee is a charitable trust and its objects, inter alia, include welfare of general society. the trust ..... stated that the trust received rs. 30,16,598 as donations towards corpus and applied a sum of rs.24,65,543 for its purposes within the meaning of section 11 of the act. he invited our attention towards p. 12 of the paper book, being the corpus account, income and expenditure account and balance sheet as on 31st march, 1998. ..... the power which is vested in him in making regular assessment.the time-limit for issuance of notice under section 148 has been prescribed under section. 149 of the act. once a return is filed under section 139, or in response to notice under section 142(1) and the period of 12 months from the end of the month in which the return is .....

Saleem Chawda Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)96TTJ(Jodh.)656

..... earlier years. in view of this precedent, i am satisfied that the addition was wrongly sustained. the other contention of the learned authorised representative regarding deductibility of interest under section 24 of the act also carries substantial force. i accordingly order for the deletion of this addition.9. second ground is against sustenance of addition of rs. 20,500 on account of ..... also submitted that even if the expenditure on interest was held to be not allowable against business income, still the assessee would be entitled to claim of deduction under section 24 of the act because the amount was borrowed for acquiring or constructing the residential house. he relied on certain decisions to contend that the addition was not warranted on this count ..... it would be in order if the addition is reduced by 50 per cent to rs. 10,250. i order accordingly.12. last effective ground regarding charging of interest under section 234b being consequential, is disposed of accordingly. .....

Sriram Jhanwarlal Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)98TTJ(Jodh.)639

..... with regard to non-maintenance/irregular maintenance of vouchers in support of expenses. in these circumstances, we are of the considered opinion that the application of provisions of section 145(3) by the ao was justified. after rejecting the book results, the ao does not get unfettered powers to make assessment at any income. he is ..... administrative directions allocating various types of work to various classes of officers. these administrative directions cannot take away the jurisdiction vested in a central excise officer under the act. at the highest, all that can be said is central excise officers, as a matter of propriety, must follow the directions and only deal with the ..... on record. recently, the hon'ble supreme court in the case of pahwa chemicals (p) ltd. v. cce has held as under : "if, therefore, the act vests, in the central excise officers jurisdiction to issue show-cause notices and to adjudicate, the board has no power to cut down that jurisdiction. however, for the purposes .....

Harisingh and Associates (Aop) Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)98TTJ(Jodh.)628

..... , one condition of the two sine qua non is missing, and which ousts the jurisdiction of the learned cit. the learned cit cannot substitute his own option under section 263 of the act. the above decision of the hon'ble apex court further held that when an ito has adopted one of the courses permissible in law and it has resulted in ..... of treating the same as business income of the assessee and to this extent the order passed by the ao is erroneous and requires to be set aside under section 263 of the it act.' he continue^ (at page no. 7) the order of the ao is erroneous in treating rs. 38.17 lakhs as business income as money received as advance cannot ..... , : 2. cwt v. sampathmal chordia, executor in the estate of late neni kavur bai .12. therefore, in view of the aforesaid discussion, the impugned order of the cit passed under section 263 of the act is held invalid and the same is set aside being without jurisdiction. the order of the learned ao is upheld. the order passed under .....

Suresh Chandra Bhansali Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2008)115TTJ(Jodh.)116

..... pressed by the learned authorised representative. these, therefore, stand dismissed.3. fifth ground is against the confirmation of addition of rs. 15,97,334 made under section 68 of the act.4. briefly stated the facts of the case arc that the assessee continued to derive income as sub-broker from dealing in shares in his proprietorship concern ..... . smt. rambha devi rathi 1,25,00013. shri dilip jain 15,000 total ------------ the ao, therefore, made total addition of rs. 15,97,334 under section 68 of the act. no relief was allowed in the first appeal.5. we have heard the rival submissions and perused the relevant material on record. it is noted that the assessee ..... that the surrender made during the course of survey was retracted by the assessee and also not acted upon by the revenue authorities. such surrender is liable to be ignored. we now proceed to decide he applicability or otherwise of section 68 on the merits.6. first creditor is smt. yashoda maheshwari on whose account an addition of .....