Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Court: income tax appellate tribunal itat chennai Page 1 of about 19 results (0.249 seconds)

The Income-tax Officer Vs. Shri P.C. Ramakrishna, Huf

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2007)108ITD251(Chennai)

..... the h.u.f.before the assessing officer, it was claimed that the partition is on the basis of recently brought out amendment to the hindu succession act i.e. hindu succession (tamilnadu succession act, 1989) by t.n.assembly. the assessing officer has rejected the claim of the assessee by discussing the amendment as well as the "inherent ..... provisions, it has never been stated that the provision for maintenance and marriage of sons has to be made in the family partition.13. in view of the above discussions, considering the provisions of hindu succession act, 1956 as amended by hindu succession (a.p.amendment) act, 1986, introduction of section 29a which was confirmed by the hon'ble ..... property or at par with the sons of the family in the event of partition and he has held as under: what has been amended is only hindu succession act which provides for succession by survivorship of the family members which is 'spes successions". the provision obtaining prior to the amendment was that in regard to .....

The Dy./Asst. Commissioner of Vs. Shri C. Krishnan

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2007)108ITD16(Chennai)

..... held that obligation by way of stridhan settlement has to be given by the family members of the family at the time of marriage. hence, it is covered by hindu succession act as passed by (tamilnadu amendment) act 1989. the revenue in view of this, contended that the cgt(a) is incorrect as the family settlement deed dated 04.08 ..... smt. d. janaki is entitled to this property at the time of marriage on 08.11.89. in view of the amendment to the hindu succession act 1956 by hindu succession (tamil nadu amendment) act 1989 wherein daughter of a joint family are made co-partners in the hindu undivided family and they can also claim partition to the family property ..... provided that at the time of her marriage, expenses and stridhan money will be given to smt. d. janaki separately. it was the contention of the revenue that since the family settlement deed dated 04.08.88 was beyond the time contemplated by amendment to hindu succession (tamil nadu amendment) act passed in 1989, placing of reliance on .....

The Income Tax Officer, T.D.S. - Vs. Raj Television Network Ltd.,

Court : Income Tax Appellate Tribunal ITAT Chennai

..... agreement is not given by the assessing officers when they find that the provisions of the agreement are not in conformity with the provisions of the income-tax act, 1961. 2. the correct legal position is that where a specific provision is made in the double taxation avoidance agreement, that provisions will prevail over the ..... connection with the activities referred to in sub-clauses (1) to (v). technical fees are defined in explanation 2 to section (1) (vii) of i.t.a. act: explanation 2 : for the purpose of this clause, "fees for technical services" means any consideration (including any lump sum consideration) for the rendering of any managerial, technical ..... as mentioned above in other appeals, as the assessee failed to deduct tds., in respect of payment made to rtv under section 195 of the i.t.act, the assessing officer passed an order against the assessee with regard to small issues regarding payments relating to earlier years and advertisement receipts. the assessee being aggrieved .....

Assistant Commissioner of Income Vs. Smr Cotton Mills (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2006)100TTJ(Chennai)594

..... income and pay advance tax on the current income. the companies have all along been estimating current income prior to the insertion of section 115j of the act and paying the advance tax on the current income. it is significant that the company assessees have been estimating the total income after providing for the deductions ..... scope of regular assessment to warrant levy of interest under section 234b of the act. it is settled proposition of law that a deeming provision cannot be extended beyond the purpose for which it is created. beyond treating book profits as 'income', ..... , the 'computation of deemed income' is not a regular assessment or determination of total income under section 143(1)(a), wherein all the other provisions of the act, including deductions and exemptions are given effect. taking a case from the supreme court decision cited supra, the 'computation of deemed income' does not come within the .....

S.S.i. Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2004)85TTJ(Chennai)1049

..... of section 263. held: the clear use of the disjunction or after the comma explicitly brings out the legislative intent that it is either one of the acts viz., enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment which can be done, therefore, enhancement and setting aside of assessment ..... counsel for the assessee also submitted that an expenditure once held as revenue has to be allowed in full unless it were prohibited from being claimed under the act. the learned counsel for the assessee also submitted that the expenditure was incurred wholly and exclusively for the purpose of the business of the assessee and was, ..... the period of which the debenture was issued. the learned counsel for the assessee also submitted that the concept of deferred revenue expenditure is alien to the it act except to the extent contemplated under sections 35dd and 35dda. he, further submitted that whether a claim is made for 100 per cent depreciation or for a .....

Marg Constructions Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2003)81TTJ(Chennai)440

..... departmental representative supported the orders of the authorities.4. rival contentions in regard to the above have been very carefully considered. section 275 of the act falls under chapter xxi containing the caption "penalties imposable". according to this section no order imposing a penalty under this chapter shall be passed in ..... include central government or any state government, local authority, corporation, company, co-operative society, any authority constituted in india, society under the societies registration act, trust, university and any firm, individuals with whom the assessee has a contract, the payment so made.........(sic).he submitted that in the year 1997-98 ..... appeals that have been filed by the assessee are against the imposition of penalty for failure to deduct tax at source levied under section 271c of the act, penalty for failure to answer questions etc. with reference to not furnishing in due time and of the returns, statements, particulars mentioned in section 206 .....

The Jt. Commissioner of Income Vs. India Equipment Leasing Ltd.

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2008)111ITD37(Chennai)

..... itd 298 (itat, delhi) submitted that in this case tribunal went by the presumption that income tax act is a general act and rbi act being a special act, will override the provisions of general act i.e. income tax act. since this presumption itself is wrong, the whole basis of order and the analysis on the basis of ..... the [provisions before the promulgation of the reserve bank of india (amendment) ordinance, 1997] contained in chapter iii-c of the reserve bank of india act, the unincorporated bodies circumvented the statutory restrictions by floating different partnership firms as and when a firm reached the level of 250 depositors. further, it is reported ..... be their validity, there is no disharmony between them, and therefore, no scope for applying the principles of harmonious construction. both the income tax act and the rbi act operate in different fields without disobeying each other, can stand together.hence there can be no inconsistency in the provisions. the question of harmonious .....

Sword Global (i) (P) Ltd. Vs. the Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chennai

..... off the brought forward loss against the entire business loss. the ld. counsel for the assessee relied on the circular of the board no. 26 dated 7.7.1955 in which with reference to the setting off of losses from one head against the income under two or more heads, it had been explained that "the general ..... assessment year 2000-01 onwards, the provisions of section 10a and 10b have been brought at par with other section dealing with deduction allowed under chapter via of the act. from 1^st april, 2001 onwards, brought forward losses pertaining to the specified undertakings eligible for deduction under section 10b are allowed to be carried forward and ..... proportion of the eligible amount we do not agree with the contention of the ld. counsel for the assessee that the second proviso to section 10b of the act has to be applied directly and immediately on the gross business profit before taking into consideration the brought forward unabsorbed business losses. if this procedure of computation is .....

Shri. C.V. Sunny, Prop. Pavizham Vs. the Asst. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Chennai

..... "appraising"; valuation by an official appraiser; estimated value; estimation of worth generally". (see shorter oxford english dictionary, third edition). under the scheme of the act, the assessing officer computes the income in the process of assessment in dealing with income from business; he does not estimate or appraise the income from the ..... process of calculation with some amount of approximate mathematical precision based on the datas and materials available. on the other hand, the word "appraisal" means: "the act of appraising; the setting of a price;" "appraise" means: to fix a price for; especially, as an official valuer; to estimate the amount, or ..... it involves some methodical process with some amount of approximate mathematical precision based on the calculable data available. when used in the context of the industrial disputes act, 1947, it merely means calculation whether simple or otherwise prop. lenox photo mount mfg. co. v. presiding officer, labour court air 1965 mad 450 .....

P.K. Ganeshwar Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2004)91TTJ(Chennai)970

..... relevant sections are reproduced hereunder : "158ba. assessment of undisclosed income as a result of search(1) notwithstanding anything contained in any other provisions of this act, where after the 30-6-1995, a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section ..... of section 132 of the act. the background of the enactment indicated that the provisions that existed earlier of framing of summary assessments that required to be followed by regular assessments ..... the return for block assessment, the assessee has, however, showed only rs. 36. 10 lakhs as his undisclosed income." chapter xiv-b of the act has been enacted to speed up assessments on undisclosed income consequent to the search conducted and with reference to assets seized during search conducted within the meaning .....