Court : Uttaranchal
Reported in : (2009)226CTR(Uttranchal)94; [2009]317ITR18(Uttaranchal); [2009]181TAXMAN262(NULL)
..... a.o. to give due effect to set off and carry forward in accordance with law. hence, this appeal by the revenue. answers to questions of law no. 1 and 2:5. before further discussion, we think it just and proper to quote article 5 of the double taxation avoidance agreement entered into by the republic of india ..... holding that the expenses claimed by the assessee were allowable and constitute business loss to be set off under section 71 of the income tax act, 1961?2. brief facts of the case relating to income tax appeal no. 91 of 2006, are that the respondent / assessee, a non-resident company, entered into contract with oil and natural gas corporation ..... cit(a), dehradun. said authority, after hearing the parties, partly allowed the appeal to the extent the a.o. charged interest under section 234 of the act. thereafter, the assessee filed i.t.a. no. 1442 / del / 2001 (assessment year 1997-98) before the itat, delhi. after hearing the parties, the itat partly allowed the appeal and directed .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2009]179TAXMAN27(NULL)
..... that it is admitted case that assessee is a co-operative society and its income was deductible under section 80p of income tax act, 1961. no doubt, under the provisions of section 44ab of the act, the assessee was required to get its account audited irrespective of the fact whether the income was deductible or not. the question ..... submit the audit report, it is liable to pay penalty under section 271b of the act. aggrieved by said order dated 14.11.2002, passed by assessment officer for the year 1999-2000, the assessee preferred an appeal (no. 66-67/hdr/cit (a) ii/03-04) before the commissioner of income tax (appeals), dehradun. said authority dismissed the ..... appeal, preferred under section 260a of income tax act, 1961, is directed against the order dated 19.10.2006, passed by income tax appellate tribunal, delhi bench, 'd' delhi, passed in ita no. 1651 (del) of 2004, whereby appeal of the assessee was allowed and penalty imposed is set aside. 2. heard learned counsel for the parties. 3. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)218CTR(Uttranchal)7; [2009]313ITR140(Uttaranchal); [2009]178TAXMAN453(NULL)
..... circumstances of the case, the tribunal has erred in law in deleting the addition of rs. 2,98,924 on account of breach of section 43b of the it act, 1961, in spite of the fact that the amendment brought in said section vide finance act, 2003, had expressly no retrospective implementation5. before further discussion, we think it just and proper to mention here, the relevant ..... by the ao.8. mr. arvind vashistha, learned standing counsel for the revenue/appellants argued that the deletion cannot be treated to be retrospective, as there is no express provision to this effect in the finance act, 2003, which indicates that the deletion would apply retrospectively. as against this, mr. s.k. posti, learned counsel for the respondent/assessee contended that the amendment .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2009]309ITR85(Uttaranchal)
..... itself is not liable to deduct tax at source in order to pay advance tax under section 208 of the act. hence, this appeal. in i. t. a. no. 72 of 2007, initially on the return filed by the assessee no interest was charged on the tax assessed by the assessing officer, but subsequently on receiving a petition of tax evasion ..... disputed that the income-tax payable by the assessee was subject to tax deduction at source (hereinafter referred as tds) under section 195 of the income-tax act, 1961. in the case relating to i. t. a. no. 54 of 2007, the assessing officer (hereinafter referred as 'the ao') while assessing the tax under section 143 of the income-tax ..... prafulla c. pant, j.1. both these appeals, preferred under section 260a of the income-tax act, 1961, involve a common question of law, as such both are being taken up together for their disposal.2. income-tax appeal no. 54 of 2007 (old no. 139 of 2000), is directed against the order dated august 24, 1999, passed by the income-tax appellate .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2009)223CTR(Uttranchal)395; [2009]319ITR160(Uttaranchal); [2009]177TAXMAN326(NULL)
..... societies registered under the societies registration act and have been imparting education to the children. in the relevant assessment years assessees ..... 2004 pertaining to assessment years 2000-01 and 2001-02, whereas appeal no. 104 of 2007 has been preferred by the revenue against the judgment dated 7-7-2006 passed by the itat in appeal no. 2190 (delhi) of 2004 pertaining to assessment year 2001-02.2. facts, in brief, are that the assessees are the educational ..... order1. both these appeals, preferred by revenue under section 260a of the income-tax act, 1961, involve a common question of law based on common set of facts and, therefore, are being decided by one and common judgment. appeal no. 103 of 2007 is directed against the consolidated judgment dated 7-7-2006 of the income-tax appellate .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2009)19VST218(NULL)
..... in any of the schedules, the rate of tax would be 12.5 per cent. schedule ii(b) of the aforesaid act, classifies 126 items (for which rate of tax is four per cent). item no. 41 of schedule ii(b), enumerates-'drugs, medicines and pharmaceutical preparations (alopathic, ayurvedic, homeopathic and unani) including vaccines, ..... syringes and dressings, medicated ointments produced under drug licence and the light liquid paraffin of ip grade'.7. the words 'drugs' and 'medicines' are not defined in the uttaranchal value added tax act, 2005 ..... licence are ayurvedic medicines and trade tax payable on said items is four per cent as provided in clause (b) of sub-section (2) of section 4 of the uttaranchal value added tax act, 2005.13. however, applying the same principles as discussed above, we hold that other items, i.e., 'chlormint candy', ' .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2009]318ITR44(Uttaranchal); [2009]177TAXMAN420(NULL)
..... 1. this appeal, preferred under section 260 a of income tax act, 1961, is directed against the judgment and order dated 19.10.2007, passed by income tax appellate tribunal (delhi bench 'h': new delhi) in income tax appeal no. 4081/del./2006 (assessment year: 2002-2003).2. heard learned counsel for the parties and perused the relevant papers ..... however, the case was selected for scrutiny, after receiving the approval from the commissioner of income tax, haldwani, and thereafter a notice under section 143(2) of the act was issued on 13.12.2002 to the assessee. the assessee's main source of income is her medical profession by running a nursing home. ..... was assessed by the assessing officer at rs. 23,25,850/-. against said assessment order dated 22.03.2005, the assessee preferred appeal no. 32/alm/2005-06 before commissioner, income tax (appeal ii), dehradun, who after hearing the parties, vide his order dated 14.09.2006, dismissed the appeal. thereafter assessee went in appeal before .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2005]147TAXMAN389(NULL)
..... . posti, learned counsel for the respondents and have perused the judgment of the assessing authority and the income tax appellate tribunal.answer to question nos. 1 and 2 :6. section 44bb of the income tax act was inserted by the finance act, 1987, with effect from 1-4-1983 which is reproduced as under :'special provision for computing profits and gains in connection with the ..... 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, with effect from 1-4-2004 :'(3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and gains .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)215CTR(Uttranchal)242; [2009]318ITR62(Uttaranchal)
..... the business of banking. the assessee for the assessment year in question showed income of rs. 21,578 and claimed the same to be exempted under section 80p(2) of the it act on the ground that it related to banking activities. the ito did not accept the claim of the assessee and made an assessment on total income of rs. ..... the record allowed the claim of the assessee of exemption following the earlier order of the tribunal dt. 4th jan., 1985 in the own case of the assessee in ita no. 319/del/1984 for the asst. yr. 1980-81. feeling aggrieved, the department went in appeal before the tribunal. the tribunal after perusing the entire material available with ..... was in law justified in holding that the assessee's rental income was exempted under section 80p of the it act. 1961we have heard learned counsel for the parties and perused the entire material available with us. section 80(p) of the it act, 1961 deals with the deduction in respect of income of co-operative societies. sub-clause (i) of .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2009)221CTR(Uttranchal)702; [2009]315ITR181(Uttaranchal)
prafulla c. pant, j.1. this appeal, preferred under section 260a of it act, 1961, is directed against the impugned order dt. 22nd feb., 2005 passed in misc. appln. no. 7/delhi/2005 by tribunal, delhi bench 'c', new delhi.2. heard learned counsel for the parties.3. the question of law involved in this appeal is as under:whether tribunal has erred ..... in law in rejecting the application for rectification moved by the revenue/appellant, of its order dt. 22nd march, 2004 passed in ita no. 3299-3302/del/2001, misinterpreting proviso to section 142a of it act, 1961, and by holding that assessment had become final 4. brief facts of the case are that assessee/respondent-m/s hotel saklani, 17 ..... to be made in accordance with the provisions of section 153a.explanation-in this section, 'valuation officer' has the same meaning as in the clause (r) of section 2 of the wt act, 1957 (27 of 1957).6. proviso to aforesaid section makes it abundantly clear that the power given under section 142a of the .....
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