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Indian Farmers Fertiliser Coop. Vs. Jcit, Range 23

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)105ITD33(Delhi)

..... and the gist thereof is that the order passed by the ao on 28-2-2003 purporting to be an order passed under section 147/143(3)/154 of the income tax act is bad in law, without jurisdiction, time-barred and at any rate the issue sought to be rectified is a debatable one not amenable to rectification under section 154.2 ..... present act has been broadly fashioned on the lines ..... section 35(1) of the old act which was similar to section 154(1) of the 1961 act did not apply to a case where the mistake arose out of the disposal of another case. the law was amended later by inserting sub-section (5) to section 35 with effect from 1-4-1952 by the indian income-tax (amendment) act, 1953. section 155 of the .....

Smt. Saroj Gupta Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)106TTJ(Delhi)1073

..... assessment for the asst. yrs. 1988-89 and 1989-90 were made on the direction of the learned cit(a) given in the asst. yr.1990-91 and, therefore, the reopening was valid in terms of section 150(1) of the it act, 1961. he further submitted that the reasons for the reopening of the assessment were recorded by the ao before ..... ). it was also the argument of the counsel for the assessee that where the assessee had disclosed all material facts and full disclosure was made in the return of income regarding construction of property and its investment was supported by report of registered valuer, it cannot be said that full disclosure was not made by the assessee. it was ..... of house property was at rs. 3,27,783 and this was duly supported by the valuation report of the registered valuer which was furnished with the return of income. the assessee also submitted a fresh valuation report from another registered valuer dt. 11th may, 1995 showing the total investment in the house property at rs. 9,59 .....

The Commissioner of Income Tax Vs. Ansal Properties and Ind. (Pvt.) Lt ...

Court : Delhi

Reported in : [2009]315ITR225(Delhi); [2009]178TAXMAN201(Delhi)

..... straight away and nothing further needs to be filed.4. the facts are that a search and seizure operation under section 132 of the income tax act, 1961 (hereinafter referred to as 'the said act') was conducted in the case of the assessee on 10.02.2000. the block assessment in this case was completed by the assessing officer ..... insertion of the proviso in section 113 of the income tax act, 1961 ?(2) whether in the facts and circumstances of the present case, the income tax appellate tribunal had not erred in law in holding that the commissioner of income tax had no power to initiate proceedings under section 263 of the income tax act, 1961 ?3. the counsel for the parties agree that ..... order 14.3.2007 held that '[w]e are of the opinion that the amendment to section 113 of the income tax act, 1961 is not retrospective in nature'. it is also pertinent to note that in commissioner of income tax v. devi dass malhan (supra), this court had observed:the tribunal held, and in our view rightly, that .....

Deputy Commissioner of Income Tax Vs. Insilco Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of convenience are disposed of by this consolidated order. 1. on the facts and in the circumstances of the case and in law, the cit(a) has erred in deleting the interest charged under section 220(2) of the it act, 1961 amounting to rs. 1,30,10,582; 2. on the facts and in the circumstances of the case and in law, the ..... cit(a) has erred in directing the ao to allow proportionate credit of tds of rs. 68,98,588 in either asst. yr. 1992-93 or 1993-94, when the entire interest income corresponding to tds of ..... to be allowed by the ao in asst. yr. 1992-93. as per the provisions of section 199 of the act, the credit for the tds was to be allowed in the year in which such income was assessable to tax. addl. cit, range-11 delhi, accordingly, directed the ao to withdraw the credit of tds of rs. 68,98,588 in asst. yr .....

Pradeep Agencies-joint Venture Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)346

..... generally held that once the ito opted for one course, the other course was barred to him. referring to the provisions of section 4 of 1961 act, they observed that income-tax shall be charged on the total income of 'every person' and the expression 'person' as defined in clause (31) of section 2 merely says that the expression 'person' includes ..... provisions, they referred to section 4 of the 1961 act [before it was amended by the direct tax laws (amendment) act, 1987, w.e.f. 1st april, 1989] which reads thus: 4. (1) where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be ..... the course of assessment proceedings the assessee was required to explain as to why its income of rs. 2,37,55,912 should not be charged to tax in the status of aop under the provisions of section 167b(2) of it act, 1961 (for short "1961 act"). in reply, it was submitted that the aop has distributed the profit amongst its .....

Anglo Dutch Paint, Colour and Varnish Works P. Ltd. Vs. Commissioner o ...

Court : Delhi

Reported in : (1985)48CTR(Del)210; [1986]157ITR615(Delhi)

..... -50 as against the actual sales shown in the books which amounted to rs. 5,16,792. a notice was issued under sections 147/148 of the income-tax act, 1961. the assessed was called upon to produce the account books which had been tendered before the police, but these books were withheld. in the result, a ..... holding that the rectification of mistake in the assessments for the years 1950-51 and 1951-52, completed under the indian income-tax act, 1922, could be carried out under the provisions of section 155(4) of the income-tax act, 1961 ?' 2. the assessed is a private limited company carrying on the business of manufacturing and selling paints and colours. ..... -52 was that a carried forward loss which did not exist had been allowed to be adjusted against the income of these two years. the income-tax officer in these circumstances took action under section 155 of the income-tax act, 1961, on the ground that there was a mistake apparent from the record which should be rectified under section 155 .....

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Reported in : (1999)65TTJ(Del)1

..... -11-1998, in cw no. 4024/98 observing as under :'the grievance raised in this petition is very limited. penalty proceedings under section 271c of the income tax act, 1961 were initiated and finalised by the deputy commissioner, range 23, new delhi, against the petitioner resulting into a penalty of rs. 6,99,82,700 being ..... against the common order of the commissioner (appeals) for the financial years 1989-90 to 1994-95 confirming the penalties levied under section 271c of the income tax act, 1961. since the facts are common, these appeals have been heard together and are decided by this consolidated order.2. the assessees involved have raised the common ..... may, 1995 : the project office gave information among others as under :'2. mitsui is filing tds returns as required by the income tax act, 1961. the returns are being filed under the jurisdiction of the income tax officer, tds 22(5), new delhi.3. the employees have been provided with some or all of the following payments, allowances and .....

Bharat Commerce and Industries Ltd. Vs. the Commissioner of Income-tax

Court : Delhi

Reported in : (1985)45CTR(Del)1; [1985]153ITR275(Delhi)

..... other sources for the purposes of its business and the interest paid on this borrowed amount would have been deductible under section 36(l)(iii) of the income-tax act. counsel further contended that the intention of the legislature was amply made clear by the subsequent insertion of section 80v which permitted deduction of interest on money ..... rs. 1.15,809.the assessed claimed deduction of this interest amount ofrs. 1,15,809'- under section 37 of the income-tax act. 1961in computing the business profits. the appellate assistant commissioner of income-tax held that the interest was not paid in respect of the capital borrowed for the purposes of the asscssecsbusiness. the assessed went ..... the purposes of its business the interest paid under section 139 and section 215 should be allowed as deduction under section 37 of the income-tax act. counsel submitted that the unpaid amount of tax was rs. 34.37.819/ and the said amount was used by the assessed for the purposes of its business. it was .....

Earthtech Enterprises Ltd. Vs. Kuljit Singh Butalia

Court : Delhi

..... evidence to prove that the mortgage is a sham document was admissible. in krishnabai (supra), nomenclature of a document was in issue. in this case, income tax act mandated deduction of tax, its deposit with central government and the said fact to be reduced in the form of a document, that is, tds certificate, thus, sections 91 ..... of landlord-tenant relationship between the parties. part b of chapter xvii of the income tax act, 1968 provides for deduction of tax at source by the payer in respect of certain specified payments. section 194-i of the income tax act, deals with deduction of tax at source in respect of rent paid by the tenant to landlord. it ..... land appurtenant to a building. section 200 of the income tax act further envisages that the amount of tax so deducted shall be deposited with the central government against permanent account number of the payee. section 203 of the income tax act casts a duty on the person to deduct tax at source and deposit the same with the central .....

Firstcorp International Limited Vs. Kuljit Singh Bhutalia

Court : Delhi

..... that evidence to prove that the mortgage is a sham document was admissible. in krishnabai (supra), nomenclature of a document was in issue. in this case, income tax act mandated deduction of tax, its deposit with central government and the said fact to be reduced in the form of a document, that is, tds certificate, thus, sections 91 ..... existence of landlord-tenant relationship between the parties. part b of chapter xvii of the income tax act, 1968 provides for deduction of tax at source by the payer in respect of certain specified payments. section 194-i of the income tax act, deals with deduction of tax at source in respect of rent paid by the tenant to landlord. it mandates ..... document. thus, the tds certificates which are required to be reduced in writing in the form of a document under the income tax act would fall within the ambit and scope of section 92 of the act and no evidence contrary to the contents of such document would be admissible. that apart, plea taken by the appellant that .....