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Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xiv procedure for assessment Court: income tax appellate tribunal itat delhi Page 5 of about 99 results (0.738 seconds)

Jul 11 2008 (TRI)

income Tax Officer Vs. Ekta Promoters (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)117TTJ(Delhi)289

..... that for asst. yr. 1957-58 the company was assessed to agricultural income-tax under the kerala agrl.it act, 1950 and in the assessment surcharge @ 5 per cent on the agricultural income-tax and super-tax was levied and collected from the assessee under the provisions of surcharge act. the levy of surcharge was agitated by the assessee on the ground ..... as a charging provision, has no legal force as there are various examples to show that there are many provisions in the act which are charging provisions but do not come under chapter ii of it act, 1961.38. he further referred to the decision of the hon'ble supreme court in the case of j.k. synthetics ltd ..... regarding charging of interest, the ao at the end of the order has observed as under: interest is hereby charged as applicable as per the provisions of the it act, 1961.5. the interest under section 234d was charged while calculating the demand in the demand notice. the assessee filed application for rectification dt. 14th march, 2006 .....

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Sep 28 1984 (TRI)

Pan American World Airways Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1986)16ITD233(Delhi)

..... 25-2-1984 holding that the appeal filed by pan american world airways (panam) against the order passed by the ito under section 230(2) of the income-tax act, 1961 ('the act') was not maintainable in law. the commissioner (appeals) had considered at length the submissions made before him and then after analysing the provisions of section 246 of ..... in amritlal bhogilal & co.'s case (supra). there their lordships were considering the scope of sections 30 and 31 of the indian income-tax act, 1922, which provide for the appeals to the aac under that act. their lordships held that, however, wide the powers of an aac may be in an appeal, they can be exercised only in ..... the act after consulting the various commentaries of income-tax law come to the conclusion that no appeal lay against the order for recovery of tax which was passed by the ito under sub-section (2) of section 230.2. shri veda vyas .....

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Jan 03 1997 (TRI)

Mrs. Jyotsna Suri Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1997)62ITD185(Delhi)

..... regarding the nature and source of the remittances would have to be discharged by them in the absence of the declarations and the provisions of section 68 of the income-tax act, 1961 would apply. the appellant again went into a limbo for almost a month. on 21-3-1995 it was again reiterated that the remittances were received under ..... assessing officer had already put to the appellants as to why provisions of section 68 of the income-tax act, 1961 enabling taxation as undisclosed income be not invoked, the section actually applicable is 69a of the act, as has been discussed by the commissioner of income-tax (appeals) since the approach of the two sections does not differ, the ultimate result does not ..... the assessments were framed in their cases on 28-3-1995 under section 143(3) of the income-tax act, 1961 in the case of shri lalit suri at rs. 78,39,640, including rs. 77,33,952 added under section 68 of the income-tax act, in the case of mrs. jyotsna suri at rs. 52,64,530, including rs. 51, .....

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May 08 2000 (TRI)

Virinder Bhatia and ors. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... books of accounts, agreements/deeds and any other evidence and after examining the concerned parties and confronting the assessee to their, statements and report of the income-tax inspector, etc. it would be wrong to make interpretation of the jottings in the seized diary in complete isolation of other material evidence, etc. such ..... operations conducted in their cases under section 132 of the act were improper, invalid and illegal because there was no information in possession of the director of income-tax (inv.}/dy. director of income-tax (inv.) for reasonable exercise of powers under section 132 of the act. it is also contended that since the search was invalid ..... 1. these appeals have been filed by the assessee against block assessment orders under section 158bc of the it act, 1961. these cases belonged to one group/family in which search and .seizure operations under section 132 of the act were conducted on 24th aug., 1995, and were concluded on 28th aug., 1995. this group was engaged .....

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Jan 31 2008 (TRI)

Cpr Capital Services Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)115TTJ(Delhi)528

..... cit(a) relating to share application money and ground no. 13 pertains to confirmation of addition of rs. 10,14,372 on account of ..... of commission earned by the assessee and ground no. 1 relates to confirmation of addition of rs. 25,45.575 by the cit(a) out of the total addition of rs. 28,28,902 made by the ao as undisclosed income under section 68 of the it act, 1961. ground no. 12 relates to upholding of the addition of rs. 9,75,000 by the ..... .7. learned authorised representative for the assessee has submitted before us that in the instant case the department has not issued any statutory notice under section 143(2) of the it act, 1961 against the assessee within a statutory allowable period and so the assessment proceedings framed under section 158bc are liable to be quashed. (a) smt. bandana gogoi v .....

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May 05 2000 (TRI)

Virinder Bhatia Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... without there being an iota of evidence in support of his action.19. he further submitted that the assessing officer had relied upon the report of the income-tax inspector regarding investment in the properties without confronting the said report to the assessee.20. the ld. ar further submitted that the impugned additions made by ..... seizure operations conducted in their cases under section 132 of the act were improper invalid and illegal because there was no information in possession of the director of income-tax (inv.)/dy. director of income-tax (inv.) for reasonable exercise of powers under section 132 of the act. it is also contended that since the search was invalid and ..... 1. these appeals have been filed by the assessee against block assessment orders under section 158bc of the it act, 1961. these cases belonged to one group/family in which search and seizure operation under section 132 of the act were conducted on 24-8-1995 and were concluded on 28-8-1995. this group was engaged in .....

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May 28 2004 (TRI)

Addl. C.i.T., Special Range-5 Vs. Vestas Rrb India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)275ITR81(Delhi)

..... so as to show that the amendment was made to do away the hardship caused by the total disallowance; in terms of the provisions of section 43b of the income tax act, deduction for statutory payments relating to labour, taxes and state and public financial institutions are allowed as deductions, if they are paid during the financial year. however, under the provisions payment of ..... the order of the ao may be restored and the order of ld cit (a) may be set aside with respect to the above mentioned grounds." 2. ground no. 1 & 2 relates to. deduction under section 43b read with section 36 (1)( va) of the i.t. act, 1961 in respect of late deposit of employee's contribution to pf and as ..... are required to be made within the due date as per the provisions of section 43b read with section 36 (1) ((va) of the it act, 1961. 2. on the facts and in the circumstances of the case the ld cit (a) has erred in holding that the due date for deposit of pf is 20^th (including 5days grace period) of the following .....

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May 26 2005 (TRI)

Mohan Lal Arora Vs. Deputy Cit, Special Range-29

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)8SOT158(Delhi)

..... opinion between the two members who heard this appeal, the hon'ble president was pleased to nominate me as the third member under section 255(4) of the income tax act, 1961 (hereinafter referred to as the act) vide his order dated 31-8-2005 to resolve the difference. accordingly, the matter was posted for hearing both the sides on 8-5-2006. the ..... the points of difference referred to me are as follows: " 1. whether on the facts and findings and in scheme of block assessment under chapter xiv-b of the income tax act, 1961 the learned am is right in holding that the documents seized comprised of loose papers and entries therein do not give rise to the undisclosed ..... one onwhom the assets devolve the liabilities have to be honoured by him." what has been stated by the learned jm is contrary not only to the provisions of the income tax act, but also contrary to the general law.in the present case, as mentioned earlier, the entries in the seized papers pertain to the firm. as discussed in para 10 .....

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Feb 14 1986 (TRI)

Taylor Instrument Co. (i) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1986)19ITD351(Delhi)

..... this second appeal emanates from the order dated 14-11-1983 passed in relation to an application filed by the assessee under section 154 of the income-tax act, 1961 ('the act') claiming interest under section 244(1a) of the act on refund of rs. 2,50,000. the assessment year involved is 1980-81 and the order under appeal is dated 22-6-1984 passed ..... about the situs of the transfer of the data/technical know-how in order to determine the correct tax liability.3. as a consequence of the order under section 250 of the act passed on 28-3-1983 by the ito, amount of tax to be deducted at source was reduced by rs. 2,50,000 and the assessee was granted ..... r.n. bara, senior departmental representative very affectively made a short submission that assessment and its procedure is given in chapter xiv from sections 139 to 158 of the act and it would be wrong and irrational to travel beyond such provisions.7. after hearing the parties, in our view, it is unnecessary for us to involve with various .....

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Aug 25 2003 (TRI)

Finquick Finance (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)87ITD323(Delhi)

..... say that section 68 was not involved in that case.(c) in view of above facts and circumstances, conclusion of the commissioner and the provisions of the income-tax act, 1961 we are clear in our mind that what the commissioner was referring to was the failure of the assessing officer, to carry on his functions for exercising ..... decision of hon'ble supreme court in this case were that the commissioner had filed a reference petition under section 256(2) of the income-tax act, 1961 (hereinafter referred to as "the act") before the hon'ble high court of delhi requesting the hon'ble high court to direct the tribunal to make a statement of the case ..... conditions of notices under section 142(1) or under section 143(2) of the income-tax act, 1961, hereinafter referred to as "the act" and consequently the observations of the assessing officer while passing ex parte assessment order under section 144 of the act that the assessee had not complied with the notices asking the assessee to produced the bank .....

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