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Commissioner of Income Tax Vs. Mirdu Hari Dalmia

Court : Delhi

Reported in : [1982]133ITR550(Delhi)

..... his father. it was urged that the assessed, as the guardian of the minor son, bad full power to act for his benefit : that, having regard to the statutory provisions contained in sections 50 to 64 of the (income-tax act, 1961, he had so arranged matters that the transaction did not fall within the purview of these sections, land that, ..... lend the moneys to the minor child. a loan, it is argued cannot be said to be a transfer, relying on r. k. murthi v. commissioner of income tax : [1961]42itr379(mad) (l). assuming that the assessed is well-founded in this contention, the point for consideration is whether it can be said in the present case that ..... not and whether effected before or after the commencement of this act shall, where there is no transfer of the assets from which the income arises be chargeable to income-tax as the income of the transferor and shall be included in his total income' '61. revocable transfer of assets all income arising to any person by virtue of a revocable transfer .....

Commissioner of Income-tax Vs. Orissa Cement Ltd. (No. 2)

Court : Delhi

Reported in : [2002]254ITR412(Delhi)

..... 1. at the instance of the revenue, two questions, which are in the following terms, have been referred by the income-tax appellate tribunal for the opinion of this court, under section 256(1) of the income-tax act, 1961 (in short 'the act') :'1. whether, on the facts and in the circumstances of the case and having regard to the provisions of section ..... mills from the sale of the sugar would have to be included in the taxable profits under section 10 of the income-tax act. but section 4(3)(vii) exempts agricultural income as defined in section 2(1). the result, thereforee, is that there is a. disintegration or dichotomy of the ..... the profits resulting from distinct activities at earlier stages is illustrated by the provisions of the indian income-tax act itself. thus, in the case of, say, a sugar mill, which grows its own cane, in the absence of any exemption for the income derived from agriculture, i.e., from the production of the cane, the entire profit of the .....

Commissioner of Income Tax-xvii Vs. Idea Cellular Ltd.

Court : Delhi

Reported in : (2010)230CTR(Del)43

..... on the other hand, such a provision serves public purpose inasmuch as, viz., such distributors who would be otherwise liable to pay tax, but are evading the tax, would come under the income tax act. we may clarify that we have not answered the legal question influenced by this factor and our discussion has proceeded on the basis ..... coupon on behalf of the icl. consequently, amount of discount offered to prepaid distributor was in nature of commission and liable to tax deduction at source under section 194h of the income-tax act. he accordingly treated the assessee as defaulter under section 201(1) and charged interest under section 201(1 a) on amount of ..... by the assessee is not commission as envisaged under section 194h of the act?this question has arisen for determination for the assessment years 2003-04 and 2004-05.2. a survey under section 133 of the income tax act (hereinafter referred to as 'the act') was conducted at the premises of the respondent-assessee (hereinafter referred to .....

Comissioner of Income Tax Vs. Eastern Medikit Ltd

Court : Delhi

..... at the outset that all the three questions touch one issue, viz., validity of the order passed by the commissioner of income tax (hereinafter referred to as the cit) under section 263 of the income tax act (for brevity the tax) whereby the cit has asked the assessing officer (ao) to go into the question as to whether the assessee company had commenced its ..... under section 80ib of the income tax act for the present assessment year i.e. 2005-06? 3. whether the itat could go into the merits of the disputes, while examining the validity of the ..... questions of law: "1. whether on the facts and circumstances of the case, the itat was correct in law in annulling the order of the cit passed under section 263 of the income tax act? 2. whether on the facts and circumstances of the case, the itat has erred in law in holding that the assessee is entitled for deduction .....

Commissioner of Income Tax Vs. Mitsubishi Corporation

Court : Delhi

Reported in : (2008)85CTR(Del)218; [2008]306ITR260(Delhi)

..... are not directly concerned with this, except to the extent of the fall-out of the resolution.3. on 24th january, 1998, a survey under section 133a of the income tax act, 1961 (the act) was carried out in the office premises of the assessed in delhi. as a result thereof, it was found that the assessed was not deducting ..... for the ten financial years under sections 201 and 201(1a) of the act. the tax liability worked out by him was rs. 41,03,49,352/- and the interest liability was worked out at ..... of time, proceedings under section 271c of the act were sought to be initiated against the assessed for the purposes of levying penalty on account of short deduction of tax but these proceedings were dropped.6. be that as it may, by an order dated 30th march, 2000, the deputy commissioner of income tax (dcit) worked out the liability of the assessed .....

Asstt. Cit Vs. Hewlett Packard Ltd.

Court : Delhi

Reported in : (2002)75TTJ(Del)786

..... the dtaa shall prevail over provisions of the income tax act, 1961. further, it is noticed that there is also no dispute that m/s. hcl ltd. made an application to the government of india, ministry of industry, department ..... between india and federal republic of germany is a truncated one and is not pari materia with the definition of royalty under section 9(vi) of the indian income tax act, 1961. there is also no dispute over the issue that by virtue of the existence of the dtaa between the india and federal republic of germany. the provisions of ..... the emphasis is on 'use of, or the right to use' and this is a much narrower and a truncated definition than the definition of royalty under the income tax act, 1961 and this truncated definition does not hold in its scope that transfer of technology is royalty.10. thus, after adverting to the various articles and clauses of the .....

Dy. Cit Vs. C.J. International Hotels Ltd.

Court : Delhi

Reported in : (2002)75TTJ(Del)285

..... -85 had among others claimed a deduction of rs. 76,956 towards its liability for payment of royalty. in view of the provisions of section 43b of the income tax act, 1961, same was disallowed by the assessing officer. the appeal of the assessed was dismissed on this ground by the commissioner (appeals) and on further appeal before the ..... of the case, the learned commissioner (appeals) has erred in directing to allow license fee of rs. 2.68 crores as deduction under section 43b of the income tax act on the plea that the assessed maintains mercantile system of accounting and the liability of the license fee was duly reflected in its account.'3.1 the learned ..... tribunal it was held that only tax and duty was disallowable under the provisions of section 43b of the income tax act. according to the tribunal there was a quid pro quo between the persons who paid the royalty and the public authority which .....

Dy. Commissioner of Income-tax Vs. Eicher Goodearth

Court : Delhi

Reported in : (1999)64TTJ(Del)208

..... sides.6.21. the relevant previous year relating to assessment year 1989-90, being the transitional year, when uniform previous year was introduced in s. 3 of income tax act, 1961, covered the period from 1-7-1987, to 31-3-1989. the first audited balance sheet of the appellant company relates to the year ended on 30-6 ..... directed to delete the addition of rs. 135.13 lakhs (which was subsequently rectified to rs. 110.87 lakhs) for calculating book profit under s. 115j of income tax act, 1961.6.16. the learned senior departmental representative submitted that provisions of s. 115j(1a) clearly provides that for the purposes of s. 115j every assessee, being a company ..... parties. the appeal against order of the assessing officer is not maintainable before the tribunal. hence, the said appeal against order under s. 250 of income tax act, 1961, passed by the dy. cit, special range-2 is held to be not maintainable and is accordingly rejected. it is true that delay in furnishing of the appeal due to .....

Common Cause Vs. Union of India

Court : Delhi

Reported in : 62(1996)DLT55; 1996(37)DRJ418

..... in the construction of sub-section (2). thus, it is evident that in k.p. varghese' case (supra) the central board of direct taxes had made exposition of section 52(2) of the income-tax act. similarly, in indian metals and ferroy allows lid's case (supra) the revenue had been consistently interpreting over the years tariff item no. 26aa ..... issued two circulars which were binding on the department in administering or executing the provisions enacted in sub- section (2) of section 52 of the income-tax act, 1962. the supreme court was of the view that besides the circulars being binding on the department they were clearly in the nature of contemporanea expositio ..... of schedule i of the central excises and salt act, 1944. in view of the consistent interpretation of the item by the revenue over .....

Dy. Cit Vs. the Co-operative Stores Ltd. (Super Bazar)

Court : Delhi

Reported in : (2002)74TTJ(Del)46

..... the penalty levied under section 273(1)(a) of the income tax act, 1961. the assessed filed return declaring total income of rs. 73,77,347. assessment was however completed on total income of rs. 96,93,478. it had filed estimate of advance tax in form no. 28a on 15-6-1984, shoving income of rs. 20 lakhs. its accounting year ended on 30 ..... the penalty order to show that the assessed had acted with a contumacious motive to hide or cancel a part of its income. though the assessed had not filed a revised return before the assessing officer in accepting the dividend income, the addition of such income was accepted by the assessed and tax was paid on the same. thereforee, no conscious ..... -6-1984. penalty proceeding under section 273(1)(b) of the act was initiated. however, finally the penalty was .....