Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1991)37ITD370(Kol.)
..... of the -declaration. thus, deposit is taken under special circumstances. shri tulsiyan referred to relevant provisions of the west bengal finance (sales tax) act, 1941 (hereinafter referred to as the 'sales tax act').he further argued that admittedly no sales tax was recovered by the assessee as per bills. shri tulsiyan sought to distinguish the decision of the supreme court in ..... certificate of registration of such dealer as being intended for resale, other than that byway of sale referred to in sub-clause (a) of clause (g) of section 2 or in section 6d by him in west bengal, and of containers and other materials for the packing of goods of the class or classes so specified : provided ..... the evidence that is available in the statement of the case, the assessee was an octroi agent whose only remuneration for the agency was commission at the rate of 2.5% of the octroi duty. there is nothing to indicate that he became entitled to the rebate in octroi duty on his own account or that the importer .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1992)40ITD528(Kol.)
..... to this appellate order, the ito had issued notices under sections 143(2) and 142(1) of the act and passed a fresh assessment order on 28-3-1990 under section 143(3)/251 of the act determining the assessee's total income at rs. 1,07,960. there is no dispute that in this assessment order dated 28-3-1990 there is ..... and furnished inaccurate particulars and has thereby returned figures below the real amount. in other words, the delhi high court held that under section 22a(1) of the bengal finance (sales tax) act, 1941 (as extended to the union territory of delhi), the phrase 'is satisfied' means simply 'makes up his mind', that the assessing authority has to make up ..... the learned counsel pleaded that having regard to the conduct, of the assessee, it could only be a case of technical or venial breach of the provisions of the act for which no penalty need be levied. in support of his contentions, the learned counsel relied on the decision of the supreme court in the case of hindustan steel ltd. v .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)90ITD258(Kol.)
..... enactment having regard to the language used. the intention of parliament in enacting section 40(a)(v) can be gleaned from the memorandum explaining the provision of the finance bill, 1968, which sets out the object behind this clause. the full bench of the kerala high court has set out the memorandum in the judgment under appeal ..... in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 and the provisions of this act shall apply accordingly; (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded." 45. a bare reading of the aforesaid ..... the eligible assets as a necessary concomitant of the sale/transfer of the aforesaid units/divisions comprising, inter-alia, the eligible assets. in our view, it makes no difference whether the eligible assets are sold or otherwise transferred as such or transferred as part of the unit/division as, in both the situations, the aforesaid legal .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2006)99TTJ(Kol.)898
..... the case of s.r. koshti (supra) it has also been held at p. 171 as under : on a plain reading of the said explanation, which was omitted by the finance act, 1999, w.e.f. 1st june, 1999, it becomes clear that even for the limited period when the legislature wanted the intimation to be deemed to be an order, it ..... section 143(1) dt. 31st march, 2003 by cancelling second intimation under section 143(1) dt. 30th june, 2004 by exercising his revisionary power under section 263 of it act, 1961. 2. whereas intimation under section 143(1) is not an order and whereas intimation under section 143(1) cannot be treated to have been passed in a proceeding by the ao ..... of acceptance of further revised returns which can only be done under scrutiny. this view finds support from circular no. 670 of cbdt, dt. 26th oct., 1993 and revised letter where claim of refunds under section 119(2)(b) of the it act, 1961 even after approval by chief cit/cit have to be issued after scrutiny and not under section 143(1) .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2006)100TTJ(Kol.)224
1. the assessee is in appeal against the order of the learned cit(a)-2, guwahati, vide appeal no. guwa-4/2003-04, dt. 24th nov., 2003. (1)(a) that neither the learned ao was justified in disallowing the appellant's claim under section 80-ib of the it act, 1961, to the extent of rs. 1,82,10,073 nor the learned cit ..... 80-ia for 6 years upto financial year 1998-99 (relevant to asst. yr. 1999-2000). sec. 80-ia was, however, substituted by sections 80-ia and 80-ib by finance act, 1999, w.e.f. 1st april, 2000. consequently, the company claimed deduction under corresponding section 80-ib for 4 years w.e.f. asst.yr. 2000-01 ending with ..... complete picture of the assessee's case, it will be relevant to peruse the production history of the assessee company.7.3 the assessee-company was incorporated under the companies act, 1956. in the year 1973, morgan crucible company pic, uk (hereinafter referred to as mccp) entered into a joint venture agreement with the assessee-company and provided the .....
Tag this Judgment!