Court : Uttaranchal
Reported in : (2003)184CTR(Uttranchal)585; [2003]264ITR502(Uttaranchal)
..... assessee is shown to have earned income, which is more than estimated income, it will not make the estimate untrue. ..... the case of hind products (p) ltd. v. cit manu/mh/0130/1979 : [1980]121itr903(bom) , it has been held that the estimate of advance tax required to be filed under the it act must show estimated income for the relevant year. estimated income may not be the same as ultimate reported income. merely because at the end of the year an ..... was completed under section 143(1)(a). the total income was determined at rs. 4,92,501 after giving effect to section 115 of the it act. the ao issued notice under section 273(1)(b) of the it act on the ground that the assessee has failed to submit estimate of advance tax under form no. 29. the ao, therefore, .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2008]299ITR248(Uttaranchal)
..... income-tax appeal has been filed under section 260a of the income-tax act, 1961 (hereinafter referred to as 'the act') challenging the order dated september 23, 2005, passed by the income-tax appellate tribunal, delhi bench 'd', new delhi (for short, the itat) in i.t.a. no. 3922/del./2000 for the assessment year 1997-98, whereby the income-tax ..... appellate tribunal has modified the order passed by the assessing officer and affirmed by the commissioner of income-tax ..... it has been held that circulars which are executive in character cannot alter the provisions of the act.)10. thus, the finding recorded by the income-tax appellate tribunal that one per cent. shall be the deemed profits and gains of the amount .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007]291ITR450(Uttaranchal)
..... and to accept the alternative argument holding that instruction no. 1767 is after all a guideline and computation can be made under the relevant provisions of the act read with the guidelines themselves.9. the income-tax appellate tribunal after detailed discussions held that instruction no. 1767 is after all a guideline and computation can be made under the relevant provisions of the ..... and computation can be made under the relevant provisions of the act read with the guidelines.7. we heard learned counsel for the parties and perused the impugned judgment. learned counsel for the appellants raised a question whether the learned income-tax appellate tribunal was correct in taking a contradictory approach. the learned income-tax appellate tribunal has given a specific finding regarding permanent establishment .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2005Utr6
..... 08,631.06. so far as the provision of interest other than 'interest on securities'. it shall be deducted at the rate in force. relevant section 194a of the income-tax act, is quoted below :'194-a. (1) any person, not being an individual or a hindu undivided family, who is responsible for paying to a resident any ..... enhanced compensation on the enhanced compensation under land acquisition act, it is fully covered under section 194a of the act.10. a bear perusal of section 194a provides interest other than 'interest on securities' at the time of credit of such income to the account of the payee by any mode the income-tax shall be deducted thereon at the rate in force ..... of the decree, the revisionist is not liable to pay anything to the decree-holder.6. because the trial court accepted that the opposite parties were liable to pay income-tax on the amount and yet recorded a finding that the opposite parties is entitled to receive rupees 11,08,631.06 which is against the calculation table.12. the .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2009]318ITR218(Uttaranchal); [2009]176TAXMAN265(NULL)
..... made in the assessment year in question. the division bench of this court in said case has discussed the provisions of section 36, section 37 and section 43b of the income-tax act, 1961, and held that production incentive bonus is deductible. it appears that said view of the division bench of this court is not disturbed so far. in the circumstances, we ..... filed its return for the assessment year 1998-99, showing loss of rs. 1,09,76,830. the return was processed by the assessing officer under section 143 of income-tax act, 1961, who disallowed the deduction among other things on the production incentive bonus to the tune of rs. 35,07,196 and added to ..... orderprafulla c. pant, j.1. this appeal, preferred under section 260a of the income-tax act, 1961, is directed against the judgment and order dated 31-1 -2006, passed by income-tax appellate tribunal, delhi bench 'e', new delhi, whereby the said tribunal has allowed the i.t.a. no. 1048/delhi/ 2002 partly.2. heard learned counsel for the parties. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2005]139STC156(Uttra)
..... has held that the diesel oil is clearly covered by clause (a) of the explanation to section 4-b(2) of the u.p. trade tax act and now in uttaranchal trade tax act. the observations of the division bench are quoted below:'32. taking a realistic view of the matter, in our opinion, the diesel generating sets installed ..... 1964]53itr165(sc) .33. the word require has been interpreted in 21st century reference dictionary, volume ii, page 701 as follows:'to depend on for success, fulfilment growth'......36. in the central excise act also fuel oil used for production of ..... in the factory are part and parcel of the machinery as held by the supreme court in commissioner of income-tax v. mir mohammad ali manu/sc/0352/1964 : [ .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2005]142STC355(Uttra)
..... has held that the diesel oil is clearly covered by clause (a) of the explanation of section 4-b(2) of the u.p. trade tax act, 1948 and now in uttaranchal trade tax act, 1948. the observations of the division bench are quoted below:'32. taking a realistic view of the matter, in our opinion, the diesel generating sets ..... /1964 : [1964]53itr165(sc) .33. the word 'require' has been interpreted in 21st century reference dictionary, volume ii, page 701 as follows:'to depend on for success, fulfilment growth'.36. in the central excise act also fuel oil used for production of ..... installed in the factory are part and parcel of the machinery as held by the supreme court in commissioner of income-tax v. mir mohammad ali manu/sc/0352 .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2009)226CTR(Uttranchal)94; [2009]317ITR18(Uttaranchal); [2009]181TAXMAN262(NULL)
..... law in holding that the expenses claimed by the assessee were allowable and constitute business loss to be set off under section 71 of the income tax act, 1961?2. brief facts of the case relating to income tax appeal no. 91 of 2006, are that the respondent / assessee, a non-resident company, entered into contract with oil and natural gas ..... as the assessee did not carry any business during that period in india, and held that no set off is allowable under section 71 of the income tax act, 1961 (for brevity hereinafter referred as the act). aggrieved by said order dated 31.12.1998, passed by the a.o., appeal no. 413 / ddn / 2002-03 was preferred before ..... these three appeals, preferred under section 260-a of the income tax act, 1961, common questions of law are involved, as such, the appeals are being taken up together, for their disposal. at the outset, it is pertinent to mention here, that income tax appeal no. 91 of 2006 and income tax appeal no. 98 of 2006, are being reheard and disposed .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2009]318ITR44(Uttaranchal); [2009]177TAXMAN420(NULL)
..... facts of the case are that appellant/assessee (status individual) submitted her return of income for the assessment year 2002-2003 on 31.10.2002 to the income tax officer, almora, declaring therein total income as rs. 2,68,760/-. the return was processed under section 143(1) of the income tax act, 1961. however, the case was selected for scrutiny, after receiving the approval from the commissioner ..... prafulla c. pant, j.1. this appeal, preferred under section 260 a of income tax act, 1961, is directed against the judgment and order dated 19.10.2007, passed by income tax appellate tribunal (delhi bench 'h': new delhi) in income tax appeal no. 4081/del./2006 (assessment year: 2002-2003).2. heard learned counsel for the parties and perused the relevant papers on record.3. the appeal was .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2008Utr43
..... local authority, would not, in law, make the respondent a local authority for the purposes of section 10(20) of the income-tax act. the ratio of the judgment cannot be disputed. the case apex court was dealing with an income-tax matter under the income-tax act, 1961.7. on the other hand, learned counsel for the contesting respondent no. 4, while supporting the impugned judgment and orders ..... has contended that in view of the provision of section 3 of the u.p. state universities act 1973, kumaon university is corporate body and the provisions of .....
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