Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1998)(62)ECC631
..... under which the words "not involving the carrying on of any activity for profit" were added at the end of the definition in section 2(15) of the income tax act, 1961. according to the then existing provisions, 'charitable purpose' included relief of the poor, education, medical relief and the advancement of any other object of general public utility ..... (4) of section 5 dealt with the same class of persons who fell within the ambit of section 34 the income-tax act, 1922, that both section 34 of the income-tax act and section 5(4) of the investigation act dealt with persons who had similar characterisitcs and similar properties, the common characteristics being that they were persons who had ..... categories of persons, viz., those who came within the ambit of section 5(1) as well as those who came within the ambit of section 34 of the income-tax act now formed one class. that being the effect of the amendment, it was urged in shree meenakshi mills ltd., mdurai v. a. v. visvanatha sastri assuming .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1998)(62)ECC591
..... to a tenant. reference is also made to the decision in sheila kaushik v. cit, delhi -1981 (31) itr 435 (sc) where "annual value" of house property liable to be charged as income from property under the income-tax act is defined as the sum for which the property might reasonably be expected to ..... or minimum prices at which any cotton....6. the jute (licensing clause 8. the jute commissioner may..and control) ..fix the maximum or the minimum order, 1961. prices at which ...7. the colliery (control) clause 4. the central government may order, 1945. fix the sale price or the maximum or the ..... the exemption notifications relating to cigarettes. the words used in the notifications under the essential commodities act, 1948 are as follows :-__________________________________________________________________notifications relevant clause1. the cinema carbons clause (4) the controller may fix the (control) order, 1961 maximum price at which any cinema carbons may be sold.2. the cotton textiles clause .....
Tag this Judgment!Court : Delhi
Reported in : 73(1998)DLT732
..... .for the purpose of appreciating this position, provisions of the prevention of corruption act, 1947, the indian evidence act, assam agriculture income tax act, 1939, income tax act, 1922, industrial development and regulation act, 1951 and the textiles committee act, 1963, the indian tariff act, 1934 and the imports & exports act, 1937 as they form part of the import control scheme of the government ..... in india such as the plaintiffs. g) samsonite usa's and vipil's products are admittedly purchased by extremely discerning customers within a high income group. the plaintiffs have themselves contended that the said class of customers include people who travel abroad frequently and are necessarily members of the public ..... case (john haig & co. v. forth blending co. ltd and paterson (1953) 70 rpc 259 and in coca-cola co v. barr & co. [1961] rpc 387 which both concerned bottles of unusual shape, and in hoffmann-la roche v. ddsa pharmaceuticals ltd. [1972] rpc 1 ca, which was concerned with .....
Tag this Judgment!Court : Delhi
Reported in : AIR1994Delhi112; 51(1993)DLT334; 1993(27)DRJ144
..... in spite of all this we had to hear unduly protracted arguments on the issue again raised before us. reference was also made to the provisions of the income-tax act, 1961, relating to income from house property, particularly section 23 thereof, which prescribes how the annual value has to be determined. we are told after decision of the supreme court in the ..... of the legislature to hold that it meant or intended something different than what the words actually used in the statute would convey. reference to the provisions of the income-tax act, 1961 is, to our mind, also irrelevant. (21) it was also submitted that if rateable value or annual value of a property is to be arrived at on ..... to in clause (a), the amount so received or receivable: xx xx xx' in amolak ram khosla's case the supreme court was interpreting section 22 of the income-tax act, 1961, as to how the annual value of the building is to be determined and said that even where the standard rent of a building had not been fixed by .....
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 : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1992)(40)ECC145
..... papers showing m/s. telstar's manufacturing activities prior to august, 1980, sales tax and small scale industries certificate from m/s. telstar, factory act licence, plant and machinery purchased, balance sheet, income-tax assessment and chartered accountant's certificate. there is nothing to show that profit made ..... registration for a dealer under the punjab general sales-tax act, certification of registration as a small scale unit and also the certificate of annual installed capacity relating to m.g. industries are separate. they have been assessed to income tax separately. these are factors which make out that ..... 1961. the partnership deed of m/s. shakti engg. works dated 30-8-1976 indicates the names of the 3 partners and their respective shares. it is a self-contaied document with all relevant clauses. the certificate of registration issued under the punjab general sales-tax act discloses that m/s. shakti engg. works has been registered under the provisions of that act. the income tax .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1992)43ITD33(Delhi)
..... was raised to press this application probably because of the retrospective amendment of the income tax act, 1961, by the finance act, 1990, with the result that such amounts have specifically been included in the definition of income in section 2(24} of the income-tax act, 1961. we, therefore, reject the application for admission of the additional ground and, ..... had held that amounts received by an assessee on account of cash compensatory support were not trading receipts and were, therefore, not taxable under the income-tax act, 1961. the tribunal observed that the cash compensatory support is received by an exporter in its capacity as a registered exporter and such receipts could not ..... (india) (p.) ltd. v. iac [1988] 25 itd 193 (delhi), was not a trading receipt and was, therefore, not taxable under the income-tax act, 1961. there the tribunal held that the cash compensatory support was received by an exporter in its capacity as a registered exporter and such receipts could not be .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1988)25ITD193(Delhi)
..... that though the ccs could not be treated as a mere bounty or gift, it was not a revenue receipt taxable under section 28(iv) of the income-tax act, 1961 taut only a capital receipt given to improve and build up its capital base and to remove the inadequacies in its export apparatus or infrastructure. we agree ..... or in a different state, in the absence of any contrary decision of any other high court. the appellate tribunal is not an income-tax authority as defined in section 116 of the income-tax act, 1961. both the parties are, therefore, free to canvass their respective viewpoints before the special bench regarding the ratio decidendi of the various decisions ..... of two benches of the tribunal that it was considered fit and proper by the president to constitute the present special bench under section 255(3) of the income-tax act, 1961.the position as clarified by the third member in the case of export house (supra) namely that when conflicting decisions are there, the decision of the special .....
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas571(Delhi); (1987)63CTR(Del)312; [1987]168ITR341(Delhi)
..... and, thereforee, a notice to show cause was issued on 16th january, 1986, as to why prosecution be not filed under section 276b of the income-tax act, 1961. in reply to this show cause notice, a reply was submitted by the company stating that it had already filed a petition in this court ..... committed by the companies. to illustrate, section 276c was introduced in chapter xxii relating to offences and prosecutions in the income-tax act, 1961, with effect from 1st october, 1975. willful attempt to evade tax has now been made an offence and is punishable with rigorous imprisonment for a term which shall not be less ..... defaults for which the petitioners want to be excused from prosecution are falling under three different acts, namely, the employees' provident funds and miscellaneous provisions act, 1952 (for short 'the provident fund act'), the employees' state insurance act, 1948, and the income-tax act, 1961. 4. the petitioners state that the company is engaged in the manufacture and sale of .....
Tag this Judgment!Court : Delhi
Reported in : [1985]153ITR134(Delhi)
..... court is : 'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that proceedings under section 147(b) of the income-tax act, 1961, were validly initiated ?' 3. so far a question nos. 1 and 2 at the instance of the department are concerned, they are directly covered by the decision ..... 3. whether, on the facts and in the circumstances of the case, the tribunal was legally correct in holding that the rebate under section 85a of the income-tax act, 1961, was admissible to the assessed for the assessment years 1966-67 and 1967-68 4. whether, on the facts and in the circumstances of the case, the ..... tribunal was right in holding that the income-tax officer was not entitled to deduct from the gross dividend income the proportionate expenditure claimed to be allocable for earning dividend income for the purpose of computing the relief under section 80m of the income-tax act, 1961 for the assessment year 1969-70 5. whether the tribunal was .....
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