Array ( [0] => ..... immediately preceding the financial year in which the goods of the nature specified in the table in sub-section (1) are sold.13. the vires were challenged of the aforesaid finance act of 1988. the 13 hon'ble apex court in the case of union of india v. a. sanyasi rao manu/sc/0326/1996 : [1996]219itr330(sc) :17 ...we ..... separate appeals in each case.11. we have heard learned counsel for the parties and have gone through the material on record.12. by the finance act, 1988, section 44ac and section 206c of the income-tax act were amended with effect from june 1, 1988. apart from other amendments, an explanation was appended to section 206c defining buyer and seller. for ..... deleted the interest charged under section 206c(7) of the act.5. appeal no. 7 of 2001 has been filed by the appellant against the order dated may 2, 2000, passed by the learned income-tax appellate tribunal, delhi bench 'd' delhi, in c. o. no. 29 (delhi) of 97 (in i.t.a. no. 379 (delhi) 97), whereby the appeal of the revenue ..... [1] => ..... and sri s.k. posti, learned counsel for the respondent and have perused the judgment of the assessing authority and the tribunal.answer to question nos. 1 and 2 :6. section 44bb of the it act was inserted by the finance act, 1987 w.e.f. 1st april, 1983 which is reproduced as under:'special provision for computing profits and gains in connection with the business ..... , or to be used, in the prospecting for, or extraction or production of, mineral oils outside india.'the following sub-section (3) shall be inserted after sub-section (2) of section 44bb by the finance act, 2003, w.e.f. 1st april, 2004 :'(3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and ..... [2] => ..... appeals are heard together and disposed of by a common judgment. for the sake of convenience we are referring to the facts in i. t. a. no. 471 of 2001.facts :2. on december 31, 1990, ongc filed a return under section 160(1)(i) read with section 163(1)(c) as agent of cooper engineering services international ..... the income of the nrc is concerned from oil exploration. it deals with computation of deemed profits. secondly, section 195a comes under chapter xvii of the income-tax act which deals with collection and recovery of tax whereas section 44bb comes under chapter iv which deals with computation of business income. therefore, section 195a will not assist ..... the department in applying the concept of multiple stage grossing up of income to the profits derived by the nrc from oil exploration falling under section 44bb of the act. as stated above, section 44bb contemplates computation of deemed profits at 10 per cent. of the aggregate receipts received by the nrc from oil exploration. that ..... [3] => ..... was for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act of 1983 with effect from april 1, 1979, to get over the judgment of the gujarat high court in ..... rendered outside india, the income can still accrue or arise in india. it would depend on the facts of each case. in this case even assuming that there was no rest period as alleged by the assessee and that payment was for stand by, we are of the view that training abroad during this period was directly connected with ..... to the petitioner was liable to tax in india ?'4. heard learned counsel for the parties and perused the record.5. as this court has discussed in income-tax appeal no. 57 of 2002, cit v. sedco forex international drilling co. ltd. manu/uc/0003/2003, the reasoning regarding this question is given in the following paragraphs.6. section ..... [4] => ..... of the supreme court cited by mr. posti on behalf of the revenue have no application to the facts of the present case as in those judgments the facts related to the amendment of the income-tax act either by the finance act or by the tax law amending act which is not the case herein. in the present case, there is only a ..... whether the tribunal was right in holding that the continental shelf did not form part of india prior to april 1, 1983, for the purposes of the income-tax act, 1961 ?(2) whether the tribunal was right in holding that salary earned by the employee for services rendered on the rig before april 1, 1983, in the off shore area outside ..... 1. this group of appeals involve a common question of law and fact and therefore they are disposed of by this common judgment.2. for the sake of clarity we hereby mention the facts in income-tax appeal no. 438 of 2001.facts :3. atwood oceanics international company was the representative assessee of its employee--gene little who was employed ..... [5] => ..... the income accruing for long periods. therefore, the judgment of the supreme court in cit v. m.r. doshi manu/sc/1240/1995 : [1995]211itr1(sc) has no application to this case. lastly, the finance act of 1979 came into force with effect from april 1, 1980, and therefore it was applicable to the assessment year in question.accordingly, both the above appeals ..... 1980-81. for the sake of convenience, we are mentioning hereinbelow the facts in income-tax appeal no. 2 of 2003.facts :2. the appellant, manik chandra, is an individual, for the assessment year 1980-81, he was assessed under section 143(3) of the income-tax act, 1961. the order of assessment was passed on february 28, 1981. thereafter on january 31, 1985 ..... [6] => ..... for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act of 1983 with effect from april 1, 1979, to get over the judgment of the gujarat high court in ..... company. this conduct shows the intention of the contracting parties. hence, the entire salary for both the periods was taxable in india under section 9(1)(ii).9. the reasoning regarding question no. 2 is as under :in this case, the assessee had to work on the rig. it was hazardous, arduous and continuous. under such circumstances free food ..... outside india, the income can still accrue or arise in india. it would depend on the facts of each case. in this case even assuming that there was no rest period as alleged by the assessee and that payment was for standby we are of the view that training abroad during this period was directly connected with the ..... [7] => ..... was for his services in india. in this connection it may be noted that the explanation to section 9(l)(ii) introduced by the finance act, 1983, refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act, 1983, with effect from april 1, 1979, to get over the judgment of the gujarat high court in cit ..... . this conduct shows the intention of the contracting parties. hence, the entire salary for both the periods was tax- able in india under section 9(l)(ii).7. the reasoning regarding question no. 2 is as under :in this case, the assessee had to work on the rig. it was hazardous, arduous and continuous. under such circumstances, free food ..... outside india, the income can still accrue or arise in india. it would depend on the facts of each case. in this case even assuming that there was no rest period as alleged by the assessee and that payment was for stand by, we are of the view that training abroad during this period was directly connected with ..... [8] => ..... in appeal by the commissioner of income-tax (appeals). now the matter is pending before the learned income-tax appellate tribunal. with the insertion of section 14a by the finance act, 2001, with effect from april 1, 1962, the action taken by the assessing officer stood confirmed.in view of the above, i have reason to believe that income ..... part of the asses-see. learned counsel for the petitioner vehemently argued that there is no material as may in any way indicate or suggest that there was failure on the part of the petitioner of the kind envisaged in the proviso. exts. 2 to 6 annexed to the petition are the copies of the assessment orders for each ..... by the assessee but no assessment has been made and it is noticed by the assessing officer that the assessee has understated the income or has claimed excessive loss, deduction, allowance or relief in the return ;(c) where an assessment has been made, but- (i) income chargeable to tax has been under assessed ; or (ii) such income has been ..... [9] => ..... he received was for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by finance act, 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by finance act, 1983, w.e.f. 1st april, 1979, to get over the judgment of the gujarat high court in cit v ..... -company. this conduct shows the intention of the contracting parties. hence, the entire salary for both the periods was taxable in india under section 9(1)(ii).9. the reasoning regarding question no. 2 is as under :in this case, assessee had to work on the rig. it was hazardous, arduous and continuous. under such circumstances free food and ..... rendered outside india, the income can still accrue or arise in india. it would depend on facts of each case. in this case even assuming that there was no rest period as alleged by the assessee and that payment was for stand by, we are of the view that training abroad during this period was directly connected with ..... ) Finance No 2 Act 2009 Chapter Iii Direct Taxes - Court Uttaranchal - Page 4 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: uttaranchal Page 4 of about 108 results (0.192 seconds)

Apr 05 2006 (HC)

Commissioner of Income-tax and anr. Vs. District Excise Officer

Court : Uttaranchal

Reported in : [2006]284ITR22(Uttaranchal)

..... immediately preceding the financial year in which the goods of the nature specified in the table in sub-section (1) are sold.13. the vires were challenged of the aforesaid finance act of 1988. the 13 hon'ble apex court in the case of union of india v. a. sanyasi rao manu/sc/0326/1996 : [1996]219itr330(sc) :17 ...we ..... separate appeals in each case.11. we have heard learned counsel for the parties and have gone through the material on record.12. by the finance act, 1988, section 44ac and section 206c of the income-tax act were amended with effect from june 1, 1988. apart from other amendments, an explanation was appended to section 206c defining buyer and seller. for ..... deleted the interest charged under section 206c(7) of the act.5. appeal no. 7 of 2001 has been filed by the appellant against the order dated may 2, 2000, passed by the learned income-tax appellate tribunal, delhi bench 'd' delhi, in c. o. no. 29 (delhi) of 97 (in i.t.a. no. 379 (delhi) 97), whereby the appeal of the revenue .....

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Jul 22 2005 (HC)

Sedco Forex International Inc. Vs. Commissioner of Income Tax

Court : Uttaranchal

Reported in : (2005)198CTR(Uttranchal)364; [2005]279ITR1(Uttaranchal)

..... and sri s.k. posti, learned counsel for the respondent and have perused the judgment of the assessing authority and the tribunal.answer to question nos. 1 and 2 :6. section 44bb of the it act was inserted by the finance act, 1987 w.e.f. 1st april, 1983 which is reproduced as under:'special provision for computing profits and gains in connection with the business ..... , or to be used, in the prospecting for, or extraction or production of, mineral oils outside india.'the following sub-section (3) shall be inserted after sub-section (2) of section 44bb by the finance act, 2003, w.e.f. 1st april, 2004 :'(3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and .....

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Sep 30 2003 (HC)

Commissioner of Income-tax and anr. Vs. O.N.G.C.

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)468; [2003]264ITR340(Uttaranchal)

..... appeals are heard together and disposed of by a common judgment. for the sake of convenience we are referring to the facts in i. t. a. no. 471 of 2001.facts :2. on december 31, 1990, ongc filed a return under section 160(1)(i) read with section 163(1)(c) as agent of cooper engineering services international ..... the income of the nrc is concerned from oil exploration. it deals with computation of deemed profits. secondly, section 195a comes under chapter xvii of the income-tax act which deals with collection and recovery of tax whereas section 44bb comes under chapter iv which deals with computation of business income. therefore, section 195a will not assist ..... the department in applying the concept of multiple stage grossing up of income to the profits derived by the nrc from oil exploration falling under section 44bb of the act. as stated above, section 44bb contemplates computation of deemed profits at 10 per cent. of the aggregate receipts received by the nrc from oil exploration. that .....

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Jul 14 2005 (HC)

Reading and Bates Drilling Co. (as Agent of Daniel Gates) Vs. Commissi ...

Court : Uttaranchal

Reported in : (2005)199CTR(Uttranchal)66; [2005]277ITR253(Uttaranchal)

..... was for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act of 1983 with effect from april 1, 1979, to get over the judgment of the gujarat high court in ..... rendered outside india, the income can still accrue or arise in india. it would depend on the facts of each case. in this case even assuming that there was no rest period as alleged by the assessee and that payment was for stand by, we are of the view that training abroad during this period was directly connected with ..... to the petitioner was liable to tax in india ?'4. heard learned counsel for the parties and perused the record.5. as this court has discussed in income-tax appeal no. 57 of 2002, cit v. sedco forex international drilling co. ltd. manu/uc/0003/2003, the reasoning regarding this question is given in the following paragraphs.6. section .....

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Oct 16 2003 (HC)

Commissioner of Income-tax and anr. Vs. Atwood Oceanics International ...

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)328; [2003]264ITR761(Uttaranchal)

..... of the supreme court cited by mr. posti on behalf of the revenue have no application to the facts of the present case as in those judgments the facts related to the amendment of the income-tax act either by the finance act or by the tax law amending act which is not the case herein. in the present case, there is only a ..... whether the tribunal was right in holding that the continental shelf did not form part of india prior to april 1, 1983, for the purposes of the income-tax act, 1961 ?(2) whether the tribunal was right in holding that salary earned by the employee for services rendered on the rig before april 1, 1983, in the off shore area outside ..... 1. this group of appeals involve a common question of law and fact and therefore they are disposed of by this common judgment.2. for the sake of clarity we hereby mention the facts in income-tax appeal no. 438 of 2001.facts :3. atwood oceanics international company was the representative assessee of its employee--gene little who was employed .....

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Oct 24 2003 (HC)

Manik Chandra and Kapoor Chand Vs. Assistant Commissioner of Income-ta ...

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)750; [2004]265ITR212(Uttaranchal)

..... the income accruing for long periods. therefore, the judgment of the supreme court in cit v. m.r. doshi manu/sc/1240/1995 : [1995]211itr1(sc) has no application to this case. lastly, the finance act of 1979 came into force with effect from april 1, 1980, and therefore it was applicable to the assessment year in question.accordingly, both the above appeals ..... 1980-81. for the sake of convenience, we are mentioning hereinbelow the facts in income-tax appeal no. 2 of 2003.facts :2. the appellant, manik chandra, is an individual, for the assessment year 1980-81, he was assessed under section 143(3) of the income-tax act, 1961. the order of assessment was passed on february 28, 1981. thereafter on january 31, 1985 .....

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Jul 07 2004 (HC)

Commissioner of Income-tax and anr. Vs. Reading and Bates Exploration ...

Court : Uttaranchal

Reported in : (2005)198CTR(Uttranchal)670; [2005]278ITR47(Uttaranchal)

..... for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act of 1983 with effect from april 1, 1979, to get over the judgment of the gujarat high court in ..... company. this conduct shows the intention of the contracting parties. hence, the entire salary for both the periods was taxable in india under section 9(1)(ii).9. the reasoning regarding question no. 2 is as under :in this case, the assessee had to work on the rig. it was hazardous, arduous and continuous. under such circumstances free food ..... outside india, the income can still accrue or arise in india. it would depend on the facts of each case. in this case even assuming that there was no rest period as alleged by the assessee and that payment was for standby we are of the view that training abroad during this period was directly connected with the .....

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Jul 20 2004 (HC)

Commissioner of Income-tax and anr. Vs. Halliburton Offshore Services ...

Court : Uttaranchal

Reported in : [2004]271ITR395(Uttaranchal)

..... was for his services in india. in this connection it may be noted that the explanation to section 9(l)(ii) introduced by the finance act, 1983, refers to what constitutes 'income earned in india'. this explanation was introduced by the finance act, 1983, with effect from april 1, 1979, to get over the judgment of the gujarat high court in cit ..... . this conduct shows the intention of the contracting parties. hence, the entire salary for both the periods was tax- able in india under section 9(l)(ii).7. the reasoning regarding question no. 2 is as under :in this case, the assessee had to work on the rig. it was hazardous, arduous and continuous. under such circumstances, free food ..... outside india, the income can still accrue or arise in india. it would depend on the facts of each case. in this case even assuming that there was no rest period as alleged by the assessee and that payment was for stand by, we are of the view that training abroad during this period was directly connected with .....

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Jun 26 2003 (HC)

Oil and Natural Gas Corporation Ltd. Vs. Deputy Commissioner of Income ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)462; [2003]262ITR648(Uttaranchal)

..... in appeal by the commissioner of income-tax (appeals). now the matter is pending before the learned income-tax appellate tribunal. with the insertion of section 14a by the finance act, 2001, with effect from april 1, 1962, the action taken by the assessing officer stood confirmed.in view of the above, i have reason to believe that income ..... part of the asses-see. learned counsel for the petitioner vehemently argued that there is no material as may in any way indicate or suggest that there was failure on the part of the petitioner of the kind envisaged in the proviso. exts. 2 to 6 annexed to the petition are the copies of the assessment orders for each ..... by the assessee but no assessment has been made and it is noticed by the assessing officer that the assessee has understated the income or has claimed excessive loss, deduction, allowance or relief in the return ;(c) where an assessment has been made, but- (i) income chargeable to tax has been under assessed ; or (ii) such income has been .....

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Jul 20 2004 (HC)

Commissioner of Income Tax Vs. Halliburton Offshore Services Inc.

Court : Uttaranchal

Reported in : (2004)192CTR(Uttranchal)507

..... he received was for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by finance act, 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by finance act, 1983, w.e.f. 1st april, 1979, to get over the judgment of the gujarat high court in cit v ..... -company. this conduct shows the intention of the contracting parties. hence, the entire salary for both the periods was taxable in india under section 9(1)(ii).9. the reasoning regarding question no. 2 is as under :in this case, assessee had to work on the rig. it was hazardous, arduous and continuous. under such circumstances free food and ..... rendered outside india, the income can still accrue or arise in india. it would depend on facts of each case. in this case even assuming that there was no rest period as alleged by the assessee and that payment was for stand by, we are of the view that training abroad during this period was directly connected with .....

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