Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1986)18ITD490(Delhi)
..... an existing plant was to be regarded as capital expenditure and should not have been regarded as revenue expenditure by importing into it the theory that for the purpose of grant of section 80j of the income-tax act, 1961 ('the act'), relief expansion of existing business was judicially noticed as amounting to establishment of new industrial undertaking and on the same analogy the expansion should also be considered as a new undertaking. ..... 6.8 provided that in case the trial runs after the erection of the plant result in failure, the assessee-company and tecnimont will meet to examine their respective liabilities and come to a friendly settlement taking into consideration the results obtained by the test runs, the liability of tecnimont being limited to the financial implication provided under the agreement.article 8 provided that no expansion of the plant or construction of ..... the payment of the fees which is in the following terms : 9.1 the fees to be paid by jk to tec for the use of the know-how in india, basic design engineering and technical assistance provided for herein is 623 (six hundred and twenty-three) million italian lire consisting of: (a) 186,500,000, (one hundred eighty-six million five hundred thousand) italian lire for the grant of the process and know ..... grant to the assessee-company a non-exclusive, non-transferable permanent and irrevocable licence to use the process and the know-how owned by montefibre and the relevant patent rights. ..... and permanent acquisition ..... 1984 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1996)59ITD423(Delhi)
..... and other types of works contract like mining contracts or engineering contracts as is evident from the various decisions, sections contained in the provisions of it act as have been referred to hereinbefore while discussing the arguments submitted by the assessee.the appellant company had ..... out of imported load cells, platforms manufactured by other persons, and indicator systems manufactured by it and on which it had paid excise duty, did not amount to manufacture, that therefore, the weighbridges were not chargeable to excise duty under the central excise and salt act, 1944, and that, in any case since the indicator systems manufactured by ..... by the various high courts about the existence of an industrial undertaking in the various cases that came up for consideration of the ..... and installed in earth can be regarded as immovable property only for the limited purpose of stamp duty laws or the registration law, if such items of plant and machinery are transferred ..... of various components and equipments and receiving payments according of those sale invoices, the assessee should be held to be a seller of the equipments and components and apart from that the appellant has rendered services as contractors for assembling of the various components and equipments which cannot ..... 1984) 20 ttj (del) 220 : (1984) 9 itd 820 (del) in this case it was held that where a person manufactures goods, it is not always necessary that at every stage the labourers and workers should be in the factory and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2006)103ITD157(Delhi)
..... reconstruction, of a business already in existence in any backward area : provided that this condition shall not apply in respect of any industrial undertaking which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such industrial undertaking as is referred to in section 33b, in the circumstances and within the period specified in that section; (iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose in any backward area; (iv) it employs ten or more workers ..... the law is settled that expenditure incurred on payment for use of technical know-how for a limited duration as opposed to payment for acquisition thereof is allowable as deduction under section 37(1) of the act. ..... the assessee) will have to pay interest on the amount that is advanced by the finance company to the manufacturer of plant and machinery. ..... (1981) 127 itr 746 (del), triveni engineering works ltd. v. ..... the directors' report to the shareholders and notes to accounts forming part of the annual report for the financial year 1984-85 would go to show that the commercial production of motor-cycles commenced only on 27th may, 1985.a copy of the annual report for the year ending is placed at page nos.368 to 370 of the assessee's paper book. at ..... then made a reference to the directors' report in the annual report of the assessee for 1984-85 which was relevant to asst. yr. ..... , 1984, and closed its books on 30th april, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2008)114TTJ(Delhi)903
..... to be conducted whereas the order of the cit(a) does not refer to any such direction under section 250(4) and rather in para 3.2 it is stated that the ao has submitted his detailed report after undertaking a survey under section 133a of the act. ..... any information conveyed even after the conclusion of a contract say, for example, delay in the payment by the party in one contracting state to the party in another contracting state may also fall within the broad spectrum of ..... activity had been carried on by the indian officers of the assessee company then that would have amounted to violation and then it was the rbi that would be more concerned with such violation and would have withdrawn the permission for these indian branches to exist in india under the foreign exchange regulation act. ..... that was why the article (iiia) was so widely worded as to include extensively and intensively all areas of supply of information, the only limiting factor being that supply of information should be either preparatory or auxiliary to the formation of ..... that in the instant case even the contracts have also been executed outside india and the facts relating to the transfer of title outside india are also not disputed. ..... 8,29,04,578 from business of providing engineering consultancy through various projects executed in india refunds during the financial ..... 1697 and 1698/del/1984 decided on 30th april, 1986) which was accepted and all along followed by the department pending the final decision on "pe" issue in .....
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