Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: income tax appellate tribunal itat madras Page 20 of about 520 results (0.135 seconds)

Singapore Airlines Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Madras

..... the landing and parking charges cannot be construed as payment of rent so as to bring the payment within the purview of section 194-i of the income tax act. the learned counsel for the assessee further submitted that since there was a contract between the assessee and the international airport authority of india, the ..... and 1999-2000 against the common order passed by commissioner (appeals) confirming the order of the assessing officer under section 201(1) and 201 (1a) of the income tax act. since common issue arises for consideration in all the six appeals, we heard the same together and disposing of the same by this common order.2. mr. ..... of the amount paid to international airport authority of india as tax at source under section 194-i of the income tax act. since the assessee has not deducted tax at source before making the payment, the assessing officer has also levied interest under section 201(1a) of the income tax act. according to the learned counsel, interest under section 201( .....

Joint Commissioner of Vs. S.i. Property Development Ltd.

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2006)101ITD179(Chennai)

..... under section 143(1)(a) when the issue is debatable in nature 2. i have heard the rival submissions. assessee claimed expenditure under section 35d of the income-tax act, 1961. assessing officer while processing the return under section 143(1)(a) allowed the claim.thereafter he resorted to the provisions of section 154 and held that the expenditure ..... to hon'ble president for nominating third member. (1) whether in the facts and circumstances of the case, the claim of the assessee under section 35d of income-tax act can be disallowed in a proceeding under section 154, by making a rectification in the intimation issued under section 143(1)(a) when the issue is debatable in ..... the judgment of the supreme court in the case of brooke bond india ltd. (supra). as elaborately discussed while considering the disallowance made under section 154 of the income-tax act, it is found that the judgment of the apex court in the case of brooke bond india ltd. (supra) may not be applicable to the issue arises .....

Deputy Commissioner of Vs. Shripet Cybertech Systems Ltd.

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2006)101ITD201(Chennai)

..... have heard the rival submissions in the light of the material placed before me and the precedents relied upon. in the intimation under section 143(1)(a) of the income-tax act, 1961 the assessing officer added rs. 6,91,125 under the caption 'prima facie adjustment' with the following remarks: the assessee has claimed a sum of rs. 6 ..... department in which the issue is with regard to disallowance of public issue expenses made with reference to the provisions of section 143(1)(a) of the income-tax act deleted by the cit(a) as not falling within the purview of prima facie adjustment.2. rival contentions in regard to the above have been very carefully considered. the ..... the decisions of the hon'ble apex court in the case of punjab state industrial development corporation ltd. v. cit and in the case of brooke bond india ltd. v. cit the assessing officer added the same to the income returned. the commissioner (appeals) was of the opinion that it will not come under prima facie adjustment as .....

Kwality Milk Foods Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2006)100ITD199(Chennai)

..... 1. under section 255(3) of the income-tax act, 1961 (hereinafter called as "the act") the hon'ble president of the income-tax appellate tribunal (hereinafter called "the tribunal") has constituted this special bench to consider the following question: whether amendment in proviso to section 43b by finance act, 2003 could be construed to be curative, as such ..... the words "during the previous year" occurring in the second proviso to section 43b be deleted. unlike other payments referred to in section 43b of the income-tax act, the deduction regarding employer's contribution, if denied in a year, is not available as a deduction in any subsequent year also. on account of ..... introduced to remove hardship caused to certain taxpayers. the relevant note is reproduced here as under: under the existing provisions of section 43b of the income-tax act, it is also provided that any sum payable by the assessee as an employer by way of contribution to the provident fund or superannuation fund, etc .....

ito Vs. P.C. Ramakrishna (Huf)

Court : Income Tax Appellate Tribunal ITAT Madras

..... commissioner (appeals)-xii, chennai dated 19-2-2001 confirming the order of the assessing officer regarding refusal to recognize the partition of huf under section 171 of the income tax act, 1961. the appeal of the revenue in ita no. 907/mad/2001 is directed against the order of the commissioner (appeals)-xii, dated 19-2-2001 in respect ..... of capital gains on transfer of self-occupied house property on investment in other house property for selfoccupation-section 54. 19.1 under section 54 of the income tax act, capital gains arising on the transfer of a house property which in the two years immediately preceding the date of its transfer was used by the assessee ..... of employment or business of the assessee at a place different from the place where such property was situated. 19.3 the finance act has made the following modifications in section 54 of the income tax act, namely: (i) the conditions of residence by the assessee or his parent in the property which was transferred, as also residence .....

Pioneer Match Works Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1983)3ITD714(Mad.)

..... as to how the concept of actual cost had first come to surface. it was first introduced by amending section 10(5) of the indian income-tax act, 1922 by clause 8 of the indian income-tax (amendment) bill, 1952 by inserting an explanation therein.the explanation added to section 10(5) provided the meaning of 'actual cost', which said ..... as to what is the meaning of the words 'actual cost' for purposes of allowing depreciation. after tracing the legislative history and the difference between the 1922 act and the 1961 act, the high court pointed out. that 'actual cost' meant the amount expended or laid out for purposes of acquiring the depreciable assets. the facts in that ..... liability of the assessee to itself as having ceased and in fact and in substance there had been a cessation of this liability. the 1922 act applied to the assessment year 1961-62 and as the foreign supplier was neither the government nor public nor local authority, though there was cessation of liability, the assessee was .....

V. Narayanaswamy Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1982)1ITD397(Mad.)

..... the assessee relates to the assessment year 1978-79.the assessee is an individual. he derived income, amongst other items, from interest as well as dividends. in respect of such income, under the provisions of section sol of the income-tax act, 1961 ("the act"), deduction of rs. 3,000 was allowed in the assessment. by invoking the provisions of ..... section 64 of the act, the ito brought to tax bank interest received by the assessee's wife out of investment ..... proposed amendment will be that in the case of an individual, 'gross total income' will include also any income arising to the spouse or minor child of the individual in respect of which the individual is chargeable to tax under section 64 of the income-tax act. [1969] 72 itr (st.) 100.in due course, the proposed .....

First Leasing Co. of India Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1983)3ITD808(Mad.)

..... an appeal in which the point raised is res integra and quite interesting too. it deals with the question whether investment allowance contemplated in section 32a of the income-tax act, 1961 ('the act'), is allowable to an assessee who does not himself engage in production or manufacture of goods or things referred to in sub-section (2) of section 32a, ..... used in section 32a(2)(b). the word 'installed' has also been used in section 10(2)(iii) of the indian income-tax act, 1922, for the purpose of granting of depreciation allowance. this word has been interpreted in cit v. sarasapur mills ltd. [1959] 36 itr 580 (bom.), as 'inducted or introduced'. the madras high court in the case ..... the allowance of development rebate were totally different from the conditions prescribed for the allowance of investment allowance under section 32a of the 1961 act. it will be seen from the order of the commissioner (appeals) that although he held that the leasing of machinery is a business carried on by .....

P.V.A.L. Kulandayan Chettiar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1983)3ITD426(Mad.)

..... added that the agreement has not taken away the right of the government of india provided under section 5(1)(c) of the income-tax act, 1961 ('the act'), to tax the indian resident of this type of income accruing or arising outside india. the standing counsel relied particularly on article 22 (elimination of double taxation) paragraph 2, which provides ..... which the agreement is executed. we will, therefore, in this background consider the principal argument of the standing counsel that the income-tax act, 1961 with full force of section 5 of that act continues to govern the taxation in india except where provision to the contrary is made in the agreement itself and that the agreement ..... can be avoided. so, we hold that article 6 is provision to the contrary, so far as the income-tax act, 1961 is concerned.8. as regards business profits paragraph 1 of article 7 provides that the income or profits of an enterprise of one of contracting state shall be taxable only in that contracting state. we .....

income-tax Officer Vs. Smt. N. Muthammal

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1983)6ITD136(Mad.)

..... order of the aac wherein he has upheld the validity of the reassessment proceedings under section 147(6) of the income-tax act, 1961 ('the act') but on merits deleted the addition made by the ito under section 64(l)(vi) of the act on the ground that there has been no transfer of asset by the assessee to her son's wife or ..... counsel for the assessee, which have a persuasive value. the decision cited by the learned departmental representative pertained to the exemption under section 5(1){xxvi) of the wealth-tax act 1957 claimed by a beneficiary of a trust in respect of deposits in banks and in whose case direct assessment was made by the wto and, therefore, the court ..... from his counterpart after the completion of the original assessment as to the particulars of the trusts created by the assessee and had reasons to believe that income chargeable to tax has escaped assessment. the courts cannot go into the adequacy or sufficiency of the reasons which led to the belief of the ito that the .....