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P.K. Ganeshwar Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2002)80ITD429(Chennai)

..... .70 lakhs from the undisclosed income. considering the fact both the appeals are instituted from the same order of ..... assessment to the extent of treating rs. 2.56 crores as undisclosed income and in not allowing of the claim of bad debts to the tune of rs. 29,10,778 in the computation to undisclosed income within the meaning of section 158bc of the income-tax act, 1961 (hereinafter referred to as the act). the grievance of the department is on the deletion of rs. 21 .....

indira Sonti Vs. Suryanarayana Murty Sonti and anr.

Court : Delhi

Reported in : 94(2001)DLT572; 1(2002)DMC56

..... salary, in para 7 of the reply the defendant no.1 has given the break-up of his expenses which is as follows:in us-dollarsa. income-tax other taxes 1500b. rent of the premises wherethe defendant no.1 is staying 1500c. expenses incurred on transportand maintenance of carincluding insurance 1000d. expenses on food and clothingext ..... if the legislature steps in and enacts a specific provision relating to territorial jurisdiction in the matters of claiming maintenance under the hindu adoptions and maintenance act, in the act itself, on the lines suggested by section 126 of the cr.p.c. afterall, in cases of maintenance by destitute wife etc. the provisions ..... ors. : air1989ker124 , it was held that interim maintenance can be granted inspire of lack of such provision under this section or any other provision in the act. court cannot ignore long delay in final disposal of litigation and interim maintenance can be granted u/s 151 of civil procedure code. such power is implicit in the section .....

Rao NaraIn Singh Vs. Commissioner of Income-tax

Court : Rajasthan

Reported in : [2001]252ITR88(Raj)

..... be assessed in respect of the income derived from the immovable properties referred to above which are owned by the hindu undivided family and ..... of istimrari under the ajmer abolition of intermediary and biswedary act, 1955, and the property in the hands of the assessee remained the property of the hindu undivided family without the incidence of impartibility. therefore, the provisions of section 9(4) of the indian income-tax act, 1922, or section 27(1)(ii) of the income-tax act, 1961, did not apply thereto and the assessee has to .....

Ramanlal P. Chordia Vs. Astt. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2004)87TTJ(Pune.)713

..... finance broking business.after the search, assessment was. completed by -the assessing officer on an income of rs. 2,61,45,910 as against declared income of rs. 5,12,000 under section 143(3) read with section 147 of the income tax act, 1961. on appeal, the learned commissioner (appeals) gave partial relief. aggrieved by the orders,of ..... supra) was not relevant as those cases pertained to block assessments under chapter xiv-b of the income tax act. lastly, he submitted that the assessee had filed petition to the settlement commission in which he himself had disclosed some income from this business and the petition was rejected by the settlement commission on the ground that the ..... the assessee. provisions of section 68 provide that where the explanation offered by the assessee is not satisfactory, the sum so credited may be charged to income-tax as income of the assessee of that previous year. the word "may" gives discretion to the assessing officer to assess in the hands of the assessee. it .....

thermax Babcock and Wilcox Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

..... the honble supreme court has clearly held that in order to claim the deduction on account of development rebate under section 33(1) of the income tax act 1961, it is obligatory that the debit entries on the profit & loss account and the credit entry in a reserve account should be made in ..... mitsuibi motors (supra), it has been held that the warranty provision was a deductible expenditure. this case though decided under the new zealand income tax act, supports the principle of measurement of profit on accepted trading principles and generally accepted accounting principles, thus unless the statute expressly or impliedly provided ..... v. mitsuibi motors (supra), the departmental representative submitted that the decision was delivered under the income tax act of new zealand and there being material difference between the provisions of income-tax in new zealand and income-tax in india. the said decision has no relevance. the learned departmental representative accordingly, concluded that .....

thermax Babcock and Wilcox Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

..... the hon'ble supreme court has clearly held that in order to claim the deduction on account of development rebate under section 33(1) of the income-tax act, 1961, it is obligatory that the debit entries on the profit and loss account and the credit entry in a reserve account should be made in the ..... the case of mitsubishi motors (supra) it has been held that the warranty provision was a deductible expenditure. this case though decided under the new zealand income-tax act, supports the principle of measurement of profit on accepted trading principles and generally accepted accounting principles, thus unless the statute expressly or impliedly provided to the ..... mitsubishi motors new zealand ltd. (supra), the ld. d.r submitted that the decision was delivered under the income-tax act of new zealand and there being material difference between the provisions of income-tax in new zealand and income-tax in india, the said decision has no relevance. the ld. d.r. accordingly, concluded that the action .....

National Jute Manufacturers Corporation Ltd. Vs. Kotihar Mazdoor Sangh ...

Court : Supreme Court of India

Reported in : AIR2001SC1746; 2001(49)BLJR1173; [2001(89)FLR1038]; JT2001(5)SC59; 2001LabIC1734; (2001)IILLJ264SC; 2001(3)SCALE356; (2001)4SCC408; [2001]2SCR1177; 2001(2)SCT735(SC)

..... under any contract or custom or usage applying to the said establishment, which are more favourable to him, then any right and privileges conferred by this act, nothing contained in this act shall affect such rights or privilege'.11. the decision of this court cited by the learned counsel for the appellant in indian oxygen ltd. (supra ..... cannot be denied by the management and that they were enjoying 11 days' paid holiday and the said benefit is protected by section 12 of the nationalisation act also.'8. the learned single judge dismissed the writ petition filed by the appellant holding that the award passed by the tribunal, on consideration of the totality ..... casual leave in a calendar year. further the said holidays thereafter were to be regulated in the manner as specified and within the framework of the said act and rules made thereunder.4. when the management reduced one day deepawali festival paid holiday, the workmen raised demand that during the period of private management deepawali .....

Vijaya Bank Vs. Maker Development Services Pvt. Limited

Court : Mumbai

Reported in : 2001(4)ALLMR143; 2001(3)BomCR652

..... appellant was under an obligation to execute the necessary form required under section 37-i prescribed under chapter xx-c of the income tax act, 1961 and to file the same with the appropriate authority under the said act, a direction to the appellant to specifically perform the terms of the agreement for purchase of the suit premises on the ..... at 21% per annum from the date of exercise of the option till the appellant executed the necessary form 37-i under chapter xx-c of the income tax act; for consequential directions to effectuate a decree of specific performance of the agreement; a declaration that on and from 31.3.98 the appellant was in wrongful ..... the supreme court was considering the meaning of the expression 'public policy' within the meaning of section 7(1)(b)(ii) of the foreign awards (recognition and enforcement) act. 1961. the supreme court emphasised that since the expression 'public policy' covers the field not covered by the words 'and the law of india', which follow the said .....

In Re: Xyz/Abc, Equity Fund

Court : Authority for Advance Rulings

..... whether, on the facts and circumstances of the case, the applicant will get absolved from filing a tax return in india, under the provisions of s. 139 of the indian it act, 1961 (hereinafter referred to as the "ita") if the entire income is subject to tax only in mauritius 14. whether, on the facts and circumstances of the case, the applicant will ..... be absolved from filing a tax return in india, under the provisions of s. 139(1) of the it act if the entire tax payable by it is ..... double taxation if there was a "corresponding law in force in that country" there was no law in force in u.a.e. leaving income-tax on the income of the individuals corresponding to the it act in force in india. it was held that on the facts of that case the benefit of double taxation agreement between india and u. .....

V. Bhaskaran Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2002)83ITD614(Chennai)

..... assessee, same set of facts and year, etc., would be staring on the face of the tribunal and that acts as res judicata. though, courts have held in a number of cases that the principle of res judicata is not applicable to income-tax proceedings and this has been so stated on the reasoning that each assessment year is different and independent, but ..... appeal filed on 9th sept., 1998.2. the prayer of the appellant for stay of tax is based on an order ..... 1. the assessee is an individual and has prayed for stay of demand of tax raised on him consequent to assessment framed under chapter xiv-b of the it act, 1961 (hereinafter referred to as the act). the prayer for stay of tax is of rs. 56,698,100 has been moved by an application filed on 15th feb., 2000, and is stated as based on an .....