Court : Uttaranchal
Reported in : [2008]301ITR415(Uttaranchal)
1. these are the appeals under section 260a of the income-tax act, 1961, arising out of the orders passed by the income-tax appellate tribunal, new delhi.2. i.t.a. no. 91/2003 arises out of the order dated august 28, 2002, passed by the income-tax appellate tribunal bench 'c', delhi, in i.t.a. no. 2591 /del./97 relating to ..... year under consideration and, therefore, liability for such losses did not arise in the accounting year under consideration.3. whether in view of section 43a of the income-tax act, the tribunal was right in taking into consideration foreign exchange losses suffered by the assessee on capital account on accrual basis for the purposes of determining written down ..... record.6. in order to answer the substantial questions of law framed in this case, it would be pertinent to quote the provisions of section 37 of the income-tax act which reads as follows:37. (1) any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ1966
..... from different sources for constituting the fund out of which, payment on account of social security system is made, one of the constituents of fund is tax which is deducted from income for the purpose. we feel that the high court has rightly disallowed any deduction on account of receipts under the insurance policy and other receipts under ..... singh mainly on the grounds that the ex gratia payment made to the claimant cannot be deducted from the award of compensation under the motor vehicles act and further that if the income of the deceased had not been specifically pleaded in the petition the tribunal itself was statutorily bound to pay just compensation.8. so far as ..... that question in this case) that compensation under that provision has to be fixed on the same basis as is required to be done under fatal accidents act, 1855 (act 13 of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007(115)FLR478]; (2008)ILLJ337UC
..... there are two partners in the firm namely ms. meena marwah and anil marwah. the said firm is registered under shop and establishment act and is also registered with the sales-tax department and income-tax department, etc. it has been stated that the said firm is carrying the business of manufacturing 'namkeen', etc. at the time, when ..... the aforesaid firms i.e. tops food product and tops food product (bakery division) are separate firms and have separate sales tax number. both the firms have separate licences under shop and establishment act. separate documents and records are being maintained separately in case of both the firms. it has been stated that a person can ..... from the provisions of labour laws. the firm is being carried out jointly and, therefore, both the divisions are liable to be clubbed under employees' state insurance act.< the applicant has neither paid the e.s.i. contribution nor has submitted the details in this regard and, therefore, an order was passed for recovery under .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)214CTR(Uttranchal)135
..... of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient or consideration that would be income of the recipient chargeable under the head 'salaries'.6. in view of the undisputed position of fact as stated above that the inspection was of the control system of ..... 1. this appeal under section 260a of the it act has been filed against the order dt. 22nd dec., 2006 passed by the income-tax appellate tribunal, delhi bench 'd', new delhi (for short, the itat) in ita no. 1638(a)/del/2004, whereby the tribunal has allowed the appeal of the assessee ..... to sub-section (1) of section 9 which has been adopted by reference under section 44d and section 115a. the expln. 2 to section (9)(l)(vii) of the act reads as under:for the purpose of this clause, 'fees for technical services' means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2007)213CTR(Uttranchal)547; [2008]300ITR265(Uttaranchal)
..... or deemed to be received by the assessee, whereas income has been defined under section 2(24) of the income tax act and section 5 and section 9 deal with the income and accrued income and deemed income. section 4 is the charging section of the income tax act and definition as well as the incomes referred in section 5 and 9 are for the ..... purpose of imposing the income tax under section 143(3). section 44bb is ..... of liquidated damages from the contract bills raised by the assessee could not be said to have accrued as income to the assessee so as to fall within the ambit of charging provisions of section 5 of the income tax act. 2. we have heard sri arvind vashistha, learned standing counsel for the revenue and perused the record .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)214CTR(Uttranchal)138; [2008]300ITR133(Uttaranchal)
..... preferred by the revenue under section 260a of the it act, 1961. appeal nos. 19 of 2007, 20 of 2007, 31 of 2007 and 32 of 2007 pertaining to asst. yrs. 1991-92, 1993-94, 1994-95 and 1995-96 respectively have been filed against the consolidated judgment dt. 9th june, 2006 of the income-tax appellate tribunal, new delhi (for short, the tribunal) ..... holding that the conditions prescribed in proviso to section 147 were not fulfilled by the ao for initiating the proceedings under section 147/148 of the, it act. the tribunal also affirmed the order of the cit(a).7. the tribunal having rejected the contentions of the department in this regard, the revenue has come up in appeal before us.8. we ..... it10. from the perusal of the facts it is clear that there was no fault of the assessee. therefore, the tribunal and cit(a) were right on the application of expln. 2(c)(ii) of section 147 of the it act. even if it is deemed to be the escaped assessment within the meaning of expln. 2(c)(ii) of section 147, .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)214CTR(Uttranchal)77
..... to asstt. solicitor general, this fact itself proves that the assessee had gone out of the business. it was vehemently submitted that the assessee had got refund of income-tax rebates in the asst. yr. 1996-97 which was allowable to the assessee from the period 1983-84 to 1992-93. during that period, the assessee had business ..... 1. both these appeals under section 260a of the it act, 1961 have been preferred by the revenue against the consolidated judgment dt. 8th march, 2006 of the income-tax appellate tribunal, delhi bench 'c', new delhi (for short, the tribunal) passed in ita nos. 3056/del/2003 and 3057/del/2003 pertaining to asst. yrs. ..... 1996-97. after perusal of the return filed by the assessee, it was found by the ao that the return reflected income of rs. 1,69,57,395 as receipts on account of interest received on income-tax refunds to the assessee from the it department. against these receipts, the assessee claimed following expenses:head expenses claimedadministrative charges rs. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2009)223CTR(Uttranchal)395; [2009]319ITR160(Uttaranchal); [2009]177TAXMAN326(NULL)
..... , preferred by revenue under section 260a of the income-tax act, 1961, involve a common question of law based on common set of facts and, therefore, are being decided by one and common judgment. appeal no. 103 of 2007 is directed against the consolidated judgment dated 7-7-2006 of the income-tax appellate tribunal, delhi bench 'b', new delhi ..... in both the appeals claimed exemption under section 10(23c)(iiiad), which provides that the income received by the educational societies which exist solely for educational purposes and not for the purpose of profit shall not be subjected to tax. with the returns of the assessees, the statement of account for the relevant assessment years ..... while granting exemption under section 10(23c)(iiiad) recorded the following reasons:during the years relevant for assessment years 2000-01 and 2001-02, the excess of income over expenditure stood at rs. 6,58,862 and rs. 7,82,632 respectively. it was also noticed that the appellant society had made investment in .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)214CTR(Uttranchal)192; [2008]299ITR238(Uttaranchal)
..... year 1986-87 on amount of rs. 99,04,000/- and for the assessment year 1987-88 on rs. 64,64,530/- under section 44bb of the income tax act, which included the mobilization charges in the relevant assessment years.4. against the order of the assessing officer, the assessee filed appeals for the relevant assessment years ..... in upholding the inclusion of mobilization charges while calculating the aggregate amount referred in sub-section 2 of section 44bb of the income tax act.9. section 44bb is a special provision for imposing the income tax treating 10 per cent of the aggregate amount specified in sub-section (2) of section 44bb as deemed profits and gains ..... the hon4ble apex court has taken into consideration section 5(2), section 9(1)(i) and section 9(1)(vii) of the income tax act and considered the question of imposition of tax on income arising from a business connection of the appellant. sri porus kaka heavily relied upon para 98 of the aforesaid judgment which contains the conclusion .....
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 .....
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