Court : Delhi
..... as the relevant period under consideration ) which will result in issuance of refunds aggregating to `4759.74 crores along with applicable interest under section 244a of the income tax act (hereafter referred as act ). a tabular depiction of the claims for refund for the aforementioned ays is as under:-"w.p.(c) 2730/2018 page 1 of 40 2. assessment ..... year 2017-18 and onwards. 59.4 however, to address the concern of recovery of revenue in doubtful cases, a new section 241a has been inserted in the income-tax act to provide that, for the returns furnished for assessment year commencing on or after 1st april, 2017, where refund of any amount becomes due to the assessee ..... under section 143(1) of the income-tax act and the assessing officer is of the opinion that grant of refund may adversely affect the recovery of revenue, he may, for the reasons recorded in writing and .....
Tag this Judgment!Court : Delhi
..... , advocates. coram:honble mr justice badar durrez ahmed honble mr justice vibhu bakhru judgment vibhu bakhru, j 1.these are appeals filed by the revenue under section 260a of the income tax act, 1961 (hereinafter referred to as the said act'') challenging the decisions of the income tax appellate tribunal. the tribunal has held that rebate available to an assessee under section 88e of the ..... needs to be interpreted strictly and there was nothing in the language of section 88e of the act that limited the availability of rebate only on the tax as calculated under the normal provisions of the act. the revenue preferred an appeal before the income tax appellate tribunal. the tribunal also did not accept the contention on behalf of the revenue that rebate under section .....
Tag this Judgment!Court : Delhi
..... , advocates. coram:honble mr justice badar durrez ahmed honble mr justice vibhu bakhru judgment vibhu bakhru, j 1.these are appeals filed by the revenue under section 260a of the income tax act, 1961 (hereinafter referred to as the said act'') challenging the decisions of the income tax appellate tribunal. the tribunal has held that rebate available to an assessee under section 88e of the ..... needs to be interpreted strictly and there was nothing in the language of section 88e of the act that limited the availability of rebate only on the tax as calculated under the normal provisions of the act. the revenue preferred an appeal before the income tax appellate tribunal. the tribunal also did not accept the contention on behalf of the revenue that rebate under section .....
Tag this Judgment!Court : Delhi
Reported in : [2002]257ITR468(Delhi)
..... question which arises for consideration in this reference made by the income-tax appellate tribunal, delhi bench 'e', under sub-section (1) of section 256 of the income-tax act, 1961, is as follows :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal had erred in not allowing interest under section 244 ..... on the entire amount of refund irrespective of the fact that the information required by the income-tax officer for giving effect to ..... bench of the punjab and haryana high court in national horticulture board , on the other hand, upon interpreting the provisions of section 244a of the income-tax act, observed (page 16) :'a conjoint reading of the provisions quoted above shows that the asses-see is entitled to receive interest on the amount of .....
Tag this Judgment!Court : Delhi
Reported in : (2002)175CTR(Del)112
..... . a division bench of punjab & haryana high court in national hoitculture board (supra) on the other hand, upon interpreting the provisions of section 244a of the income tax act, observed :'a conjoint reading of the provisions quoted above shows that the assessed is entitled to receive interest on the amount of refund at the rates prescribed in ..... the part of the assessed cannot be taken into consideration for rejecting the claim of interest inasmuch such a provision has been made only in section 243 of the income tax act.8. mr. pandey, the learned counsel appearing on behalf of the revenue, on the other hand, would contend that no interest was payable under sub-section ..... the learned tribunal committed an error in passing the impugned order insofar as it failed to take into consideration that in terms of section 244 of the income tax act, the interest becomes payable as soon as the refund becomes due and if the same is not paid within a period of three months, interest becomes automatically .....
Tag this Judgment!Court : Delhi
Reported in : (2001)164CTR(Del)319; [2001]248ITR647(Delhi)
..... . in these two cases, at the instance of the assessed, the following question has been referred for the opinion of this court under section 256(1) of the income-tax act, 1961 (in short, 'the act'), by the income-tax appellate tribunal, delhi bench-c (in short, 'the tribunal') : 'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that ..... the relief under section 80m given to the assessed originally was a mistake rectifiable by the income-tax officer under section 154 of the income-tax act, 1961 ?' 2. the above being the position, our judgment shall govern each of the two cases, i.e., i. t. r. nos. 128 and 129 of 1978. 3 .....
Tag this Judgment!Court : Delhi
Reported in : [1992]197ITR223(Delhi)
..... paid before december 31, 1963, the assessed was entitled to a rebate of one per cent. under the provisions of sub-section (1) of section 141a of the income-tax act, 1961. the income-tax officer did not accept this application as, in his opinion, in order to be entitled to the said rebated of one per cent., the assessed was required to pay ..... applicable to the case of the firm was not free from doubt and it was not open to the income-tax officer to go into the true scope of the provisions of the act in a rectification proceeding under section 154 of the act. 12. in the present case, the appellate assistant commissioner clearly held that this is not a case ..... assessed was entiled to relief claimed under section 154 of the act ?' 2. briefly stated, the facts, as found by the tribunal, are that, prior to december 31, 1963, the assessed filed it return of income for the assessment year 1963-64. a provisional assessment was made by the income-tax officer and a demand of rs. 96,89,542 was raised .....
Tag this Judgment!Court : Delhi
Reported in : [1980]126ITR736(Delhi)
..... was right in holding that rule 4 of the second schedule of the surtax act refers only to such income, profits and gains which are not at all includible in the total income as computed under the income-tax act and not to items of deductions permitted under chapter vi-a of the income-tax act,1961 ?2. whether the tribunal was correct in cancelling the orders of the commissioner ..... u/s.16(1) of the surtax act for the assessment years 1968-69, 1969-70 and 1970-71 ?'the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi51B; [1972]84ITR451(Delhi)
..... . (1) the question which falls for consideration in this writ petition is whether the expression 'tax payable' used in section 280zb of the income tax act, 1961, hereinafter referred to as ''the act' means the tax payable according to the income-tax officer upon regular assessment as contended by the respondents or the tax payable upon a self assessment as contended by the petitioner. this section appears in chapter xxii ..... at source, the amount payable remains at rs. 10,92,750.55 which may please be checked and necessary challan for payment be issued to enable us to deposit the tax as required under the provisions of sec. 140a of the income-tax act, 1961.'the petitioner received a challan on september 15, 1967 and paid rs. 10,92,751.00. (3) thereafter, the concerned .....
Tag this Judgment!Court : Delhi
..... the question involved was the true interpretation of section 123 (7) of the representation of peoples act, 1951 which read as follows: section.123. corrupt practices.-. the following shall be deemed to be 8commissioner of income tax andhra pradesh v m/s taj mahal hotel secunderabad (1971) 3 scc550 state of bombay v ..... into force of the wto agreement. 85. the international convention for the protection of new varieties of plants (upov1991 was preceded by conventions of 1961 and 1978, which had created international frameworks for signatory nations to afford intellectual property rights to innovations in plant varieties. india is not a signatory ..... with pesticidal properties. preparations of natural isolates of b. thuringiensis were first used as a commercial insecticide long ago and b. thuringiensis subspecies was registered in 1961.65. since its discovery, cry2ab has been given various names. collectively, cry2ab refers to two separate, virtually identical genes, cry2ab1 and cry2ab2 . the .....
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