Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xvi special provision applicable to firms Page 100 of about 2,897 results (0.580 seconds)

Gas Authority of India Ltd. Vs. the State of Gujarat and ors.

Court : Sales Tax Tribunal STT Gujarat

..... 1) notwithstanding anything contained in any other law for the time being in force and in section 19 of this act, the authority for advance rulings constituted under section 245-o of the income tax act, 1961 (43 of 1961) shall be notified by the central government in the official gazette, with such modifications as may be necessary, to ..... 17/03/2005 the government of india has given power to constituted under section 245-o of the income tax act, 1961 is empower or notified to work as authority to settle dispute has authority under this act.34. it is mentioned that this power under section 19 is delegated or given to authority for advance ..... central government has declared that authority for advance ruling constituted under section 245c of income tax act, 1961, shall also be the central sales tax appellate authority to settled inter state dispute following under section 6a read with section 9 of the central sales tax act, 1956. he has reproduced chapter vi in his application at exhibit 36 as .....

V.B.C. Industries Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1994)48ITD292(Hyd.)

..... in april 1979, a partial' partition of certain assets of the assessee-hindu undivided family was effected and an application under section 171(2) of the income-tax act, 1961 was made. the income-tax officer accepted the said partial partition on 28-12-1979 in the assessment for the assessment year 1979-80. in the reassessment for the assessment year ..... namely section 35ab were explained at page 166 (st.) and it reads as follows: 44. it is proposed to insert a new section 35ab in the income-tax act to provide that any lump sum consideration paid by a taxpayer for acquiring any know-how for use for the purposes of his business will be allowed as ..... business carried on during the previous year, and the expenditure under section 35ab cannot be allowed, independent of the provisions of sections 28 and 29 of the income-tax act. he further held that the new activity of manufacturing ammonium nitrate cannot be considered to be part of the existing business or same business of the assessee, .....

V.K.S. Bawa Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)56ITD232(Delhi)

..... new delhi, when assessee purchased the property at new friends colony jointly with her daughter. thus the assessee was not entitled to relief under section 54 of the income-tax act, 1961.34. before we wind up, we would like to point out that the decisions relied upon by the learned counsel for the assessee which have not been ..... the property was not distributed amongst the legatees, the assessment of the same was to be made in the hands of the executors under section 168 of the income-tax act, 1961. the learned counsel also pointed out that tenants of the premises, namely, m/s asea brown boveri ltd. were paying the rent by cheques in the ..... 93 and 1993-94, involving common issue, are disposed of by this consolidated order. the issue involved is relating to exemption claimed under section 54f of the income-tax act, 1961 out of the capital gains derived by the assessee in the aforementioned assessment years.relevant facts are that assessee had sold certain shares in march 1992 in consideration .....

Assistant Commissioner of Vs. Smt. Uma J. Kothari

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1994)48ITD131(Mad.)

..... assessee. section 166 contains a non obstante clause, which overrides the earlier sections contained in chapter xv of the income-tax act, 1961 or the recovery from such person of the tax payable in respect of share of income from the trust in which he is a beneficiary. even though the assessing officer can proceed against the representative- ..... , which is concerned with the assessment of a representative-assessee who is deemed to be an assessee for all purposes of the income-tax act. it is not a taxing provision just as section 166 of the income-tax act, 1961, which empowers the assessing officer to make direct assessment on the person on whose behalf or for whose benefit ..... assessed in the hands of the representative-assessee namely, the trustee in terms of section 161(1a) of the income-tax act, 1961, which became attracted for the assessment year 1985-86 inasmuch as there was business income earned by the trust. it is for this reason the trustee filed a return under section 161(1a) in .....

Batuk Nath Bhattacharjee Vs. Commissioner of Gift-tax and ors.

Court : Kolkata

Reported in : [1996]217ITR434(Cal)

..... that in view of the several decisions of the different courts in india, the commissioner can exercise revisional jurisdiction under section 24 of the gift-tax act (or section 263 of the income-tax act) if he finds that the assessing officer has not made any enquiry or has not given any reason in coming to his finding that the ..... whatsoever as to why he has not preferred any appeal before the tribunal under section 25 of the gift-tax act. in support of his contention, the learned advocate for the respondent relied upon the following decisions :1. c.a. abraham v. ito : [1961]41itr425(sc) ; 2. shivram poddar v. ito : [1964]51itr823(sc) ; 3. gita devi ..... aggarwal v. cit : [1970]76itr496(sc) ; 4. cit v. r. hanumanthappa and son : [1971]82itr880(sc) ; 5. cit v. sri ram gopal ; 6. gee vee enterprises v. addl. cit : [1975]99itr375(delhi) ; 7. samnuggar jute factory co. .....

Lalsons Enterprises Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)89ITD25(Delhi)

..... the hon'ble president of the tribunal under sec. 255(3) of the income tax act, 1961 : (i) "whether the negative profit (loss) from the business or export computed in accordance with clause (a), (b) or (c) or sub section (3) of section 80-hhc of the income-tax act should be ignored or it should be adjusted/set off against export profits ..... paragraph 18, explain the object behind the new sub-section in the following words : "under the existing provisions of sub-section (3) of section 80-hhc of the income-tax act, profits derived from the export of goods is computed in the following manner : the application of this formula has given rise to some misuse. many cases have come ..... be adjusted/set off against export profits computed under the other sub clause [of clause (c)] for the purpose of computing deduction under section 80-hhc(1) of the income tax act?" 6. we may add that in question (iii) the reference to sub-section 4(b) should actually be to sub-section (4b). the question may be read .....

Dcit Vs. Lab India Instruments P. Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2005)93ITD120(Pune.)

..... giant the exemption/deduction even where assessee failed to claim the same. the relevant observations of then lordships are extracted below: "an obligation is imposed on the income-tax officer by section 84 of the income-tax act, 1961, to grant relief there under and the relief cannot be refused merely because the assessee had omitted to claim the relief, but the mere existence of such ..... same are being disposed of by the common order for the sake of conve(sic). the main issue arising in these appeals is whether cit(a) was justified in allowing the deduction under section 80-o of income-tax act, 1961.2. briefly stated, the facts as gathered from the record and submissions of the parties are these: assessee is a distributor of the analytical .....

Shri Bharat Kumar JaIn Alias Shri Vs. Cc

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)(120)ECC160

..... etc. are kept, and seize them when found as a result of such search. it will thus be seen from the provisions of section 132 of the income tax act, 1961 that, search and seizure are integrally connected, and are to be resorted to when the person does not produce these articles despite summons or is not likely to ..... which contention was based on the analogy of the provisions of section 132 of the income tax act, 1961, which is wholly inapposite in the context of the provisions of sections 105 and 110(1) of the customs act.10.1 section 132 of the income tax act, 1961 deals with 'search and seizure' and provides that, where the concerned authorities have reason ..... any seizure, which was based on the provisions of section 132 of the income tax act, it was submitted that, the scheme of the provisions of sections 105 and 110 of the customs act was different; and the scheme of section 132 of the income tax act, 1961 cannot be invoked for interpreting the provisions of section 110, which could stand .....

Assessing Officer Circle (international Taxation) 2(2)(2) New Delhi Vs ...

Court : Supreme Court of India

..... with oecd members and gave them effect, subsequently: now, therefore, in exercise of the powers conferred by section 90 of the income-tax act, 1961 (43 of 1961), the central government hereby directs that the following modifications shall be made in the convention notified by the said notification which are ..... get assimilated through a legislative device, i.e. notification in the gazette, based upon some enacted law (some instances are the extradition act, 1962 and the income tax act, 1961). absent this step, treaties and protocols are per se unenforceable. e. international perspectives and practices 73. klaus vogel47 (an acknowledged authority ..... legal consequences contemplated by sub-section (2) of section 90. in other words, the circular shall prevail even if inconsistent with the provisions of income tax act, 1961 insofar as assessees covered by the provisions of the dtac are concerned. ****************** **************** 29. in our view, the contention is wholly misconceived. section .....

Balaji Paper Boards (P) Ltd. and Vs. Collector of Central Excise

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 .....