Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: mumbai Page 1 of about 16,072 results (0.131 seconds)

Voras Exclusive Tools (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1984)7ITD620(Mum.)

..... in which the machinery and plant were installed, the development rebate had been wrongly allowed as laid down under the provisions of section 155(5) of the income-tax act, 1961 ('the act'). similarly, for the assessment year 1977-78, the ito held that the investment allowance had been wrongly allowed. the ito, therefore, by orders under section 155 ..... order of the appellate authority were in the context of the powers of revision of the commissioner under section 33b of the indian income-tax act, 1922 ('the 1922 act') and section 263 of the 1961 act, which will not be applicable to the issue of rectification or amendment of the assessment orders, as laid down under section 154 and ..... a ship, machinery or plant installed after the 31st day of december, 1957, in any assessment year under section 33 or under the corresponding provisions of the indian income-tax act, 1922 (11 of 1922) and subsequently- (i) at any time before the expiry of eight years from the end of the previous year in which the .....

Commissioner of Income-tax Vs. ScIndia Investment Pvt., Ltd.

Court : Mumbai

Reported in : [1991]190ITR128(Bom)

..... the above order, the assessee filed an appeal before the tribunal. it was contended that the order passed by the commissioner of income-tax (appeals) rectifying his appellate order was barred by limitation in view of section 154(7) of the income-tax act, 1961. alternatively, the contention was that, even on merits, the question was debatable and the order of rectification passed by the commissioner ..... application by the department under section 256(2) of the income-tax act, 1961. the questions sought to be raised are :'whether, on the facts and in the circumstances of the case and in law, the income-tax appellate tribunal was -(a) justified in taking the view that the authorities relied upon by the commissioner of income-tax (appeals) in his order under section 154 are not of .....

Commissioner of Income-tax, Bombay City-ii Vs. Sakseria Cotton Mills L ...

Court : Mumbai

Reported in : [1980]124ITR570(Bom); [1979]2TAXMAN152(Bom)

..... part of the previous year for the assessment for the year ending on march 31, 1952, and no order has been made under subsection (1) of section 23a of the income-tax act, a rebate shall be allowed at the rate of on the amount of such excess.' 2. in order to qualify for the rebate permitted to be given by the clause ..... , the following question has been referred to this court under s. 256(1) of the i.t. act, 1961, at the instance of the revenue : 'whether, on the facts and in the circumstances of the case, the order under section 154 of the act passed by the income-tax officer on march 8, 1965, was valid ?' 7. mr, joshi on behalf of the revenue has ..... contended that the order which was sought to be rectified by the ito in the exercise of his jurisdiction under s. 154 was the order dated march 10, 1961, because, according to him, once the .....

M/S. Actal Vs. M/S. India Infoline Limited

Court : Mumbai

..... which respondent had claimed rs.11,30,177/-. this claim was rejected by the arbitral tribunal. (f) the tds certificates issued under section 194(h) of the income tax act, 1961, can not amount to acknowledgement of liability to pay. the tds had been deducted on the gross amount credited and not on the amount after setting out other party ..... liability by the respondent to pay to the petitioner. the learned counsel appearing for the petitioner placed reliance on the judgment of this court in case of commissioner of income tax vs. qatar airways. the learned counsel made an attempt to distinguish the judgment of this court in the case of s.p. brothers vs. biren ramesh kadakia. ..... contruction company and anr. (2009 (2) bom.c.r. 884). (8) ispat industries ltd. vs. baby samuel and co. (2009(2) bom.c.r.784). (9) commissioner of income tax vs. qatar airways (2011) 332 itr 253 (bom). (10) state bank of saurashtra vs. ashit shipping services (p) ltd. (2002) 4 supreme court cases 736). (11) rajendar singh .....

Commissioner of Income-tax Vs. Saswad Mali Sugar Factory Ltd.

Court : Mumbai

Reported in : (2001)168CTR(Bom)337; [2001]249ITR756(Bom)

..... determination :'whether, on the facts and in the circumstances of this case, the assessee was entitled to claim interest as per the amended provisions of section 214(1a) of the income-tax act, 1961 ?'4. arguments :learned senior counsel for the department contended that, in the present matter, the order of regular assessment was passed on july 25, 1983. he contended that section 214 ..... . in other words, the assessing officer passed the order giving effect to the order passed by the commissioner of income-tax (appeals) after the taxation laws (amendment) act, 1984, came into force. by order dated december 4, 1989, passed under section 154 of the income-tax act, the interest granted under section 214 amounting to rs. 90,402 came to be withdrawn. the said amount of .....

Commissioner of Income-tax, Bombay City-ii Vs. International Computers ...

Court : Mumbai

Reported in : [1990]186ITR616(Bom)

..... data processing machines are office appliances for the purposes of development rebate under s. 33(1) of the i.t. act, 1961, has been considered in sufficient detail in the earlier decision of this court in cit v. i.b.m. world trade corporation, income-tax reference no. 68 of 1968 decided on november 15, 1977 : [1981]130itr739(bom) . it was held in that case ..... remitted outside indian for all the years.6. when the matter was taken in appeal to the income-tax appellate tribunal, the tribunal considered the provisions of s. 10 (2)(vi) of indian i.t. act, 1922, and s. 34(3)(a) of the i.t. act, 1961. the tribunal found that it was not the revenue's case that any amount was specifically utilised .....

Commissioner of Income-tax Vs. International Computers Ltd.

Court : Mumbai

Reported in : [1981]131ITR1(Bom); [1981]7TAXMAN128(Bom)

..... data processing machines are office appliances for the purposes of development rebate under section 33(l) of the i.t. act, 1961, has been considered in sufficient detail in the earlier decision of this court in cit v. i.b.m. world trade corporation , income-tax reference no. 68 of 1968 decided on 15th november, 1977 : [1981]130itr739(bom) . it was held in that case ..... remitted outside india for all the years.6. when the matter was taken in appeal to the income-tax appellate tribunal, the tribunal considered the provisions of section 1 0(2)(vi) of indian i.t. act, 1922, and section 34(3)(a) of the i.t. act, 1961. the tribunal found that it was not the revenue's case that any amount was specifically .....

Mahindra and Mahindra Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1997)61ITD129(Mum.)

..... 37(3) only and not any other section. in that view of the matter, if an expenditure or allowance is allowable under sections of 1961 act and other sections of the income-tax act, 1961, the allowance cannot be withdrawn or denied to the assessee because of the prohibitory provision to section 37(4). similar view was taken in the ..... the contention that rent was allowable under section 30 and in respect of the maintenance expenses under section 31, and, therefore, neither section 37(3) of the income-tax act, 1961, nor any rules made thereunder were applicable to the case. the tribunal considered the submissions that expenditure of rs. 4,200 on rent and rs. 1, ..... referred to the hon'ble president under section 255(4) of the income-tax act, 1961 as under : "whether, the rent, repairs and taxes pertaining to the guest house maintained by the assessee can be disallowed by resorting to the provisions of section 37(4) of the income-tax act, 1961 ?" 1. the learned members have been unable to agree on an .....

Asstt. Cit Vs. Crystal Granite and Marble Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... supreme court has been dismissed, it may be relevant to mention that the said judgment was rendered in the context of the provisions of section 115ja of the income tax act which has ceased to be effective from the assessment year 1991-92. in section 115j, there was no provision similar to sub-section (4) in section ..... ., would apply in respect of the provisions of section 115ja. for the matters not provided in section 115ja, one has to turn to other provisions of the income tax act which have been made mutatis mutandis applicable to the assessees falling under section 115ja.6. next issue for consideration is as to whether the provisions relating to payment ..... sub-section (4) has two critical limbs: one, it provides primacy to the matters covered by section 115ja; and, two, it makes other provisions of the income tax act applicable to the assessees falling under section 115ja. we shall now concentrate as to what section 115ja provides for. on careful analysis of section 115ja, it is quite .....

Cit Vs. Kotak Mahindra Finance Ltd.

Court : Mumbai

Reported in : [2003]130TAXMAN730(Bom)

..... tax. under section 207 of the income tax act, advance tax is payable during any financial year in respect of the ,current income. the words 'current income' are very crucial. the words 'current income' refer to computation of total income under the provisions of the income tax act including section 115j. under section 207 of the income tax act, the words 'total income ..... ' have been equated to the expression 'current income ..... shall apply. that, section 234b and section 234c have not curved out any exceptions for section 115j of the income tax act. he, therefore, contended that in this case both sections 234b and 234c are applicable.mr. irani learned counsel .....