Array ( [0] => ..... the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified hereunder, namely:-"(a) where the tax arrear is payable under the income-tax act, 1961 (43 of 1961),- (i) in the case of a declarant, being a company or a firm, at the rate of thirty-five per cent. of the disputed ..... interest payable or penalty levied, at the rate of fifty per cent of the tax arrear; (v) where the tax arrear includes the tax, interest or penalty determined in any assessment on the basis of search and seizure proceedings under section 132 or section 132a of the income-tax act, 1961 (43 of 1961)- (a) in the case of a declarant, being a company or a ..... firm, at the rate of forty-five per cent of the disputed income; (b) in the case of a declarant, being a person other than a company ..... [1] => ..... of section 194c, therefore, no fault can be found in the order of the lower authorities for applying the provisions of section 201 and 201a of the income tax act, 1961.7. we have considered the rival contentions, carefully gone through the orders of the authorities below and entire material placed on record.we have also deliberated on ..... the assessee does not attract the provisions of section 194c and accordingly lower authorities were not justified in invoking the provisions of section 201 and 201a of the income tax act, 1961.6. on the other hand, learned sr. dr shri ra gupta contended that under the provisions of section 194c, any person responsible for paying any ..... any labour for carrying out any work and the services so provided by them were not also covered by the explanation iii to section 194c(2) of the income tax act, 1961, but ksl was only extending certain services and facilities in the nature of bureau and office services like office space, computers, fax, vehicles etc. which did ..... [2] => ..... nath oil company and nath traders dealing in two separate commodities, namely, kerosene oil and lpg. they are also separately assessed both for the sales tax and the income tax purposes. but apart from the said distinctive features, there are much commonality between the two establishments, which are already stated hereinbefore. 10. the regional ..... v. regional provident fund commissioner reported in : (1986)illj155sc it was held by the supreme court that the employees' provident fund and miscellaneous provisions act is a beneficent piece of social welfare legislation aimed at promoting and securing the well being of the employees and the court will not adopt a ..... stood expired long before. he held that the combined employees strength of the two establishments was more than the required strength for applicability of the act and since there was functional integrity between the two firms, unity of ownership, inter-transfer of employees and geographical proximity and also unity of management ..... [3] => ..... salary of the director in question, shri arora, was rs. 36.000.00 annually and the deductions which should have been made under section 192 of the income tax act, 1961, amounted to rs. 44,000.00, which should have been deposited in the treasury. having not made the deposit, the company was an assessed in default ..... bombay and another, : [1972]83itr685(sc) where it was observed that the provisions of the section 446 of the income tax act, 1961, did not debar the income tax department from taking re-assessment proceedings, but the realisation of tax determined had to be made in the same manner as any other debt of the company. i had thought at ..... leave of the court was granted under section 446(1) of the present act, the income-tax authorities could not proceed to follow the proccedure laid down in the income-tax act, 1961. this being the position, section 536(2) of the present act does not entitle the income-tax authorities to effect a sale or attachment unless leave is granted under section ..... [4] => ..... j. (1) a complaint was filed by the inspecting assistant commissioner of income-tax (assessment) range xiv, new delhi against the present petitioner dr. (mrs.) geeta gupta and her accountant atma singh under sections 276-c/277/278 of income-tax act, 1961 (in short the act) read with sections 193/196 indian penal code in respect of the assessment year ..... 1980-81 on the allegations that dr. geeta gupta was guilty of making willful attempt to evade tax, and also of making a statement in verification under the act and of delivering an ..... the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or imposable under the indian income-tax act, 1922 or under this act, has been established or is likely to be established by any income-tax authority, in relation to the case: c where the settlement commission is not satisfied ..... [5] => ..... 8 informed the deo that 'if you intend to appeal against the assessment, etc. you may present an appeal under part-a of chapter xx of the income tax act, 1961 to the commissioner (appeals), muzaffarnagar,' after such direction the revenue cannot plead that it is not an appeal able order and contradict itself to resist the appeal ..... level of the tribunal and his action, as such, is confirmed. all the appeals in this case are dismissed.reference under s. 255(4) of the income tax act, 1961 26-3-1999since in the above captioned appeals we have difference of opinion on the following point, the matter is submitted to the hon'ble president for ..... a matter of substantive right. it is most valuable right and no doubt that deprivation of that right is not to be lightly assumed. sec. 246 of income tax act, 1961 specifically enumerates in great detail the orders which are appeal able to the first appellate authority but the said authority, thereforee, cannot have jurisdiction to entertain appeals ..... [6] => ..... assessee and therefore, the reassessment proceedings were held to be bad in law. 30. in dina nath v. commissioner of income-tax [1994] 72 taxman 174 (j and k) the notice under section 143 (2) of the 1961 act was served upon one s, who was neither a member of the family of the assessee nor his duly authorized agent. ..... has been service. the legal position therefore, even under the 1961 act, is that service of notice under section 148 is a jurisdictional requirement for completing the re-assessment. this has been emphasized in several other decisions of the high courts as well. 28. in c.n. nataraj v. fifth income-tax officer (1965) 56 itr 250 (mys), the high ..... shown to be invalid then the proceedings taken by the income- tax officer without a notice or in pursuance of an invalid notice would be illegal and void. ? 26. this was also the basis for the decision in banarasi debi v. itr (1964) 53 itr 100. however, under the 1961 act the procedural requirement has been spread over three sections, ..... [7] => ..... due to be filed on 31-7-1985. the same was filed on 29-3-1988. a complaint under section 276cc of the income tax act, 1961, was filed before the acmm, eo(i), madras. vide judgment dated 19-4-1996, the petitioner was held guilty of the offence charged and sentenced to ..... petitioner moved a petition dated 2-7-1996 (annexure p-1), before the central board of direct taxes, new delhi, making a prayer 'that the chairman may be pleased to compound the alleged offence under section 276cc of the income tax act, 1961, at whatever reasonable amount the chairman deems fit.' as already stated the prayer has been rejected and the ..... rejection communicated to the petitioner by the central board of direct taxes, delhi, through the commissioner of income tax, madras.4. the relief sought for in the petition is ..... [8] => ..... from this authority on the question whether the fee was taxable in india. the authority ruled: (i) there is some difference between section 9 of the income-tax act, 1961 and article 12 of the agreement for the avoidance of double taxation between india and canada in the definition of fee for technical/included services , inasmuch as the ..... limited (288 itr 408). 7. that, on facts and circumstances of the case and in law, the learned cit (a) erred in upholding levy of interest under section 234a, 234b and 234c of the income-tax act, 1961. the only issue involved in these grounds is regarding taxability of rs.28,76,271/- which the assessee received for ..... is at variance from the definition of fees for technical services as per the indian income-tax act, 1961 and definition of fee for technical services under indo-france tax treaty and also definition of royalty under indo-canada and indo-usa tax treaty. for this purpose, the ld. ar submitted a chart which is reproduced as under:-definition ..... [9] => ..... provides in clause (2) as under :'we certify that the deduction to be claimed by the assessed under sub-section (1) of section 80hhc of the income tax act, 1961, in respect of the assessment year ................... is rs. ............................ which has been determined on the basis of the sale proceeds received by the assessed in convertible ..... according to him 'separate businesses' were accepted by law and a reference was made to provisions of section 2(13) of the income tax act, 1961. as regards the central board of direct taxes circular (supra) relied upon by the learned departmental representative the learned counsel contended that this was effective from 1-4-1992, ..... by the department was not applicable as that was a case of classification/interpretation under the customs and excise act and not under the income tax act. it was the submission that under the income tax act it was a well-settled proposition that 'if there is an ambiguity in language employed then the provision must ..... [10] => ..... 31st march, 2005. the return was not selected for scrutiny. subsequently, the assessing officer issued two notices dated 22nd march, 2010 and 29th march, 2010 under section 148 of the income-tax act, 1961 (act, for short) for assessment. the petitioner has impugned these two notices on the ground that the pre- conditions for issue of notice under section 148 are not satisfied and, therefore ..... . v. ito [1988] 174 itr 714, a division bench of the calcutta high court has held that where a notice issued under section 148 of the income-tax act, 1961, after obtaining the sanction of the commissioner of income-tax is challenged, the only document to be looked into for determining the validity of the notice is the report on the basis of which the sanction ..... [11] => ..... the captioned appeal as well. 2. this brings to fore the third issue which pertains to the claim of deduction by the assessee under section 80 hhc of the income tax act, 1961 (in short, it act). the revenue has proposed a question of law for our consideration even with regard to this issue. 3. in order to come to a conclusion either way, the following ..... the tribunal erred in law in coming to the conclusion that the assessee had not purchased an asset of enduring benefit? (iii). whether the provisions of section 35a of the income tax act, 1961 were applicable in the facts and circumstances of the case? (iv). whether in the facts and circumstances of the case, the tribunal was justified in holding that depreciation of head ..... [12] => ..... determined as interest payable u/s 220(2) and was paid by the assessee on 28.3.2007. in this regard, as per the provisions of section 220(2a) of income tax act, 1961, the chief commissioner or commissioner may reduce or waive the amount of interest paid or payable by an assessee u/s 220(2) if he is satisfied that - i) payment ..... this writ petition, they have impugned orders dated 6th may, 2009 and 24th august, 2009, passed by the chief commissioner of income tax, delhi viii, respondent no. 1 herein, rejecting their request for waiver of interest under section 220(2a) of the income tax act, 1961 (act, for short). they have also prayed for return of jewellery which was valued at rs. 4,49,255/- at the ..... [13] => ..... in the present appeal under section 260a of the income tax act, 1961, (act, for short) has raised the following substantial question of law:-"whether income tax appellate tribunal has erred in upholding the order of the cit(a) deleting the addition of rs.33,36,068/- made by the assessing officer under section 40(a)(i) of the income tax act, 1961?"2. the respondent assessee eon technology pvt. ltd. is ..... . eli lilly and company (india) private ltd., (2009) 15 scc 1, wherein it has been observed :-"60. under the 1961 act, total income for the previous year is chargeable to tax under section 4. section 4(2) inter alia provides that in respect of income chargeable under section 4(1), income tax shall be deducted at source where it is so deductible under any provision of the ..... [14] => ..... tds from the total salary and was thus liable to be treated in default under section 201(1) and liable for interest under section 201(1a) of the income tax act, 1961.4. according to the ao survey operations were carried out in the case of many other schools and in the instant case, as per the fee structure furnished ..... in holding that assessee was not in default under section 201(1) and not liable for interest under section 201(1a) of the income tax act, 1961."2. some of the appeals are filed by the income tax department and some other appeals by the assessee which are in the nature of counter objections. since the issue involved in the appeals of ..... under section 201(1) and consequently levying interest under section 201(1a) of the act. resultantly, the substantial question of law proposed above is answered in favour of the assessee and against the revenue and the appeals filed on behalf of the income tax department are dismissed herewith. further, we are also of the opinion, as urged on ..... [15] => ..... framed in these references is : 'whether, on the facts and in the circumstances of the case, the assessed was entitled to relief under section 80j of the income-tax act, 1961, by reference to the capital employed in the industrial undertaking at faridabad set up in the accounting period relevant to the assessment year 1968-69 ?' 3. the respondent ..... leila seth, j. 1. at the instance of the commissioner of income-tax, these four references, under s. 256(1) of the i.t. act, 1961 (to be referred to in short as 'the act'), have been referred to us for our opinion. they pertain to the assessment years 1968-69, 1969-70, 1970-71 and 1971-72. 2. the ..... ]68itr186(sc) , to this effect, he directed the ito to allow the assessed-company the benefit claimed under s. 80j. 7. thereafter, the department appealed to the income-tax appellate tribunal contending that the new undertaking was formed by a reconstruction of the old unit and was not entitled to the exemption. however, the tribunal held that it was ..... [16] => ..... minors who were admitted to the benefits of partnership in the firms, the associated sales company and the vikas textile agency was includible in the income of the assessed under section 64 of the income-tax act, 1961 ?' 2. briefly stated, the facts are that three minor children of the assessed, viz., ramesh kumar dalmia, harsh kumar dalmia and swarna ..... the assessed the interest credited to the accounts of his minor sons on the deposits in their names by invoking section 64 of the income-tax act, 1961. the appellate assistant commissioner, however, deleted the inclusion and this was confirmed by the tribunal. on a reference to the high court : held, that section 64 ..... of the assessed. thereafter, the aforesaid question was referred to this court by the tribunal under section 256 of the income-tax act. 8. on behalf on the assessed, it has been vehemently contended that the interest income arose and accrued to the minors and this did not arise by reason of the fact that the minors had been ..... [17] => ..... assessment the value of the above amenity thus provided by the club free of cost to the assessed and his wife. this order of the income-tax officer was revised by the commissioner of income-tax under section 263 ofthe income-tax act, 1961. in response to the notice under section 263 it was contended on behalf of the assessed before the commissioner that the value of the ..... the head 'salaries' received from the employer which granted the perquisite. (4) under section 14 of the income-tax act all income for the purposes of income tax and for computation of total income is classified under six heads the first of which is 'salaries'. the computation of income under this head is governed by sections 15 to 17. under section 15 any salary due from an employer ..... [18] => ..... law in holding that the lease money of rs. 8,80,000 received by the assessed during the assessment year 1971-72 was assessable under section 28 of the income-tax act, 1961, as 'income from business'? (2) whether, on the facts and in the circumstances of the case, the tribunal was legally justified in holding that the assessed-company was ..... by using the machinery owned by the assessed. this was also the view taken by the appellate tribunal. 18. we cannot agree. to attract section 33 of the income-tax act, 1961, at least two conditions should be satisfied - (i) the machinery or plant in question should be owned by the assessed; and (ii) it is wholly used for ..... k. shivashankar bhat, j. 1. at the instance of the revenue, the income-tax appellate tribunal has referred the following questions to this court under section 256(1) of the income-tax act, 1961, in a proceeding for the assessment year 1971-72 : '(1) whether, on the facts and in the circumstances of the case, the tribunal was correct in ..... [19] => ..... from was not taxable in the hands of the assessed in the status of an individual '3. in income-tax reference no. 80 of 1971, the following two questions were referred to the high court under section 256(1) of the income-tax act, 1961: '(1) whether, on the facts and in the circumstances of the case, the tribunal was right ..... in holding that 774 shares of installment supply co. (p.) ltd. belonged to the assessed's hindu undivided family and, thereforee, the income there from was not taxable in the hands of ..... consolidated statement of case under section 66(2) of the indian income-tax act, 1922, relating to krishan bans bahadur, as individual for the assessment year 1960-61, as hindu undivided family, also for the assessment year 1960-61, and as hindu undivided family for the assessment year 1961-62. the common question of law is as follows : ' ..... ) Income Tax Act 1961 Section 155 Other Amendments - Court Delhi - Page 10 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: delhi Page 10 of about 19,270 results (0.129 seconds)

Dec 14 2016 (HC)

M/S. Inter Craft Ltd. Vs.commissioner of Income Tax-Iii and Ors.

Court : Delhi

..... the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified hereunder, namely:-"(a) where the tax arrear is payable under the income-tax act, 1961 (43 of 1961),- (i) in the case of a declarant, being a company or a firm, at the rate of thirty-five per cent. of the disputed ..... interest payable or penalty levied, at the rate of fifty per cent of the tax arrear; (v) where the tax arrear includes the tax, interest or penalty determined in any assessment on the basis of search and seizure proceedings under section 132 or section 132a of the income-tax act, 1961 (43 of 1961)- (a) in the case of a declarant, being a company or a ..... firm, at the rate of forty-five per cent of the disputed income; (b) in the case of a declarant, being a person other than a company .....

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Jan 25 2007 (TRI)

Khaitan and Co. Vs. Cit (A)

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of section 194c, therefore, no fault can be found in the order of the lower authorities for applying the provisions of section 201 and 201a of the income tax act, 1961.7. we have considered the rival contentions, carefully gone through the orders of the authorities below and entire material placed on record.we have also deliberated on ..... the assessee does not attract the provisions of section 194c and accordingly lower authorities were not justified in invoking the provisions of section 201 and 201a of the income tax act, 1961.6. on the other hand, learned sr. dr shri ra gupta contended that under the provisions of section 194c, any person responsible for paying any ..... any labour for carrying out any work and the services so provided by them were not also covered by the explanation iii to section 194c(2) of the income tax act, 1961, but ksl was only extending certain services and facilities in the nature of bureau and office services like office space, computers, fax, vehicles etc. which did .....

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Feb 26 2008 (HC)

Nath Trader's (India) Vs. Regional Provident Fund Commissioner and Ors ...

Court : Delhi

Reported in : 2008(101)DRJ521

..... nath oil company and nath traders dealing in two separate commodities, namely, kerosene oil and lpg. they are also separately assessed both for the sales tax and the income tax purposes. but apart from the said distinctive features, there are much commonality between the two establishments, which are already stated hereinbefore. 10. the regional ..... v. regional provident fund commissioner reported in : (1986)illj155sc it was held by the supreme court that the employees' provident fund and miscellaneous provisions act is a beneficent piece of social welfare legislation aimed at promoting and securing the well being of the employees and the court will not adopt a ..... stood expired long before. he held that the combined employees strength of the two establishments was more than the required strength for applicability of the act and since there was functional integrity between the two firms, unity of ownership, inter-transfer of employees and geographical proximity and also unity of management .....

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Sep 24 1973 (HC)

In the Matter Of: National Conduits (P) Ltd. Vs. the Official Liquidat ...

Court : Delhi

Reported in : [1974]44CompCas219(Delhi); ILR1974Delhi535; [1974]94ITR378(Delhi)

..... salary of the director in question, shri arora, was rs. 36.000.00 annually and the deductions which should have been made under section 192 of the income tax act, 1961, amounted to rs. 44,000.00, which should have been deposited in the treasury. having not made the deposit, the company was an assessed in default ..... bombay and another, : [1972]83itr685(sc) where it was observed that the provisions of the section 446 of the income tax act, 1961, did not debar the income tax department from taking re-assessment proceedings, but the realisation of tax determined had to be made in the same manner as any other debt of the company. i had thought at ..... leave of the court was granted under section 446(1) of the present act, the income-tax authorities could not proceed to follow the proccedure laid down in the income-tax act, 1961. this being the position, section 536(2) of the present act does not entitle the income-tax authorities to effect a sale or attachment unless leave is granted under section .....

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Nov 19 1986 (HC)

Geeta Gupta Vs. Asstt. Commissioner of Income Tax and ors.

Court : Delhi

Reported in : 1987(12)DRJ92; 1987RLR36

..... j. (1) a complaint was filed by the inspecting assistant commissioner of income-tax (assessment) range xiv, new delhi against the present petitioner dr. (mrs.) geeta gupta and her accountant atma singh under sections 276-c/277/278 of income-tax act, 1961 (in short the act) read with sections 193/196 indian penal code in respect of the assessment year ..... 1980-81 on the allegations that dr. geeta gupta was guilty of making willful attempt to evade tax, and also of making a statement in verification under the act and of delivering an ..... the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or imposable under the indian income-tax act, 1922 or under this act, has been established or is likely to be established by any income-tax authority, in relation to the case: c where the settlement commission is not satisfied .....

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Jan 21 2000 (HC)

District Excise Officer Vs. Income Tax Officer

Court : Delhi

Reported in : (2001)68TTJ(Del)436

..... 8 informed the deo that 'if you intend to appeal against the assessment, etc. you may present an appeal under part-a of chapter xx of the income tax act, 1961 to the commissioner (appeals), muzaffarnagar,' after such direction the revenue cannot plead that it is not an appeal able order and contradict itself to resist the appeal ..... level of the tribunal and his action, as such, is confirmed. all the appeals in this case are dismissed.reference under s. 255(4) of the income tax act, 1961 26-3-1999since in the above captioned appeals we have difference of opinion on the following point, the matter is submitted to the hon'ble president for ..... a matter of substantive right. it is most valuable right and no doubt that deprivation of that right is not to be lightly assumed. sec. 246 of income tax act, 1961 specifically enumerates in great detail the orders which are appeal able to the first appellate authority but the said authority, thereforee, cannot have jurisdiction to entertain appeals .....

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Sep 15 2015 (HC)

Commissioner of Income Tax (Central)-I Vs. Chetan Gupta

Court : Delhi

..... assessee and therefore, the reassessment proceedings were held to be bad in law. 30. in dina nath v. commissioner of income-tax [1994] 72 taxman 174 (j and k) the notice under section 143 (2) of the 1961 act was served upon one s, who was neither a member of the family of the assessee nor his duly authorized agent. ..... has been service. the legal position therefore, even under the 1961 act, is that service of notice under section 148 is a jurisdictional requirement for completing the re-assessment. this has been emphasized in several other decisions of the high courts as well. 28. in c.n. nataraj v. fifth income-tax officer (1965) 56 itr 250 (mys), the high ..... shown to be invalid then the proceedings taken by the income- tax officer without a notice or in pursuance of an invalid notice would be illegal and void. ? 26. this was also the basis for the decision in banarasi debi v. itr (1964) 53 itr 100. however, under the 1961 act the procedural requirement has been spread over three sections, .....

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Feb 23 1998 (HC)

Dr. K. Jagadeesan Vs. Central Board of Direct Taxes and ors.

Court : Delhi

Reported in : (1998)150CTR(Del)379

..... due to be filed on 31-7-1985. the same was filed on 29-3-1988. a complaint under section 276cc of the income tax act, 1961, was filed before the acmm, eo(i), madras. vide judgment dated 19-4-1996, the petitioner was held guilty of the offence charged and sentenced to ..... petitioner moved a petition dated 2-7-1996 (annexure p-1), before the central board of direct taxes, new delhi, making a prayer 'that the chairman may be pleased to compound the alleged offence under section 276cc of the income tax act, 1961, at whatever reasonable amount the chairman deems fit.' as already stated the prayer has been rejected and the ..... rejection communicated to the petitioner by the central board of direct taxes, delhi, through the commissioner of income tax, madras.4. the relief sought for in the petition is .....

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Jan 24 2013 (TRI)

Romer Labs Singapore Pte. Ltd. Vs. Adit, Tax Circle 2(1)

Court : Income Tax Appellate Tribunal ITAT Delhi

..... from this authority on the question whether the fee was taxable in india. the authority ruled: (i) there is some difference between section 9 of the income-tax act, 1961 and article 12 of the agreement for the avoidance of double taxation between india and canada in the definition of fee for technical/included services , inasmuch as the ..... limited (288 itr 408). 7. that, on facts and circumstances of the case and in law, the learned cit (a) erred in upholding levy of interest under section 234a, 234b and 234c of the income-tax act, 1961. the only issue involved in these grounds is regarding taxability of rs.28,76,271/- which the assessee received for ..... is at variance from the definition of fees for technical services as per the indian income-tax act, 1961 and definition of fee for technical services under indo-france tax treaty and also definition of royalty under indo-canada and indo-usa tax treaty. for this purpose, the ld. ar submitted a chart which is reproduced as under:-definition .....

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Nov 12 2001 (HC)

Pearl Polymers Ltd. Vs. Dy. Cit

Court : Delhi

Reported in : (2002)74TTJ(Del)1

..... provides in clause (2) as under :'we certify that the deduction to be claimed by the assessed under sub-section (1) of section 80hhc of the income tax act, 1961, in respect of the assessment year ................... is rs. ............................ which has been determined on the basis of the sale proceeds received by the assessed in convertible ..... according to him 'separate businesses' were accepted by law and a reference was made to provisions of section 2(13) of the income tax act, 1961. as regards the central board of direct taxes circular (supra) relied upon by the learned departmental representative the learned counsel contended that this was effective from 1-4-1992, ..... by the department was not applicable as that was a case of classification/interpretation under the customs and excise act and not under the income tax act. it was the submission that under the income tax act it was a well-settled proposition that 'if there is an ambiguity in language employed then the provision must .....

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