Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: delhi Page 1 of about 19,219 results (0.170 seconds)

Rieter India (P) Ltd. Vs. Addl. Cit

Court : Delhi

Reported in : (2006)200CTR(Del)190

..... disposed of expeditiously. the authority concerned does not appear to have done so despite petitioner's repeated applications and reminders, including representations made to the chief cit and the cbdt. the disposals of the request for refunds made by the petitioner -company were according to mr. jolly delayed on account of restructuring ..... in january, 1996.as per the employment agreements entered into between the petitioner and the aforementioned expatriate employees, the petitioner appears to have deducted the tax payable under the indian laws from the salaries of the expatriates. the amount so deducted was then deposited by the petitioner-company with the it ..... petition for a writ of mandamus, the petitioner-company has prayed for a direction against the respondents for refund of the amount deposited by it towards tax deducted at source from the salaries of its expatriate employees. the controversy arises in the following circumstance :the petitioner-company is engaged in the business .....

Klm Royal Dutch Airlines Vs. Assistant Director of Income-tax

Court : Delhi

Reported in : 138(2007)DLT402; [2007]292ITR49(Delhi)

..... the fact that the lufthansa decision has not been taken into consideration by the revenue in the 'reasons for issuance of notice under section 148 of the income-tax act, 1961 dated 8.3.2006'.5. mr. c.s. aggarwal, learned senior counsel for the assessed has emphasised upon the distinction between the two airlines decisions delivered ..... fully in agreement with the finding of the authorities below that the present activity cannot be taxed under section 44bba of the income-tax act, 1961'. thereafter, on 12.2.2004 itat delhi-b bench has decided lufthansa german airlines v. deputy commissioner of income-tax 90 itd 310 and 'noted that as per article 8(4) of dtaa between ..... ] 242 itr 381 the apex court has observed that it is 'settled law that unless the return of income already filed is disposed of, notice for reassessment under section 148 of the income-tax act, 1961, cannot be issued, i.e., no reassessment proceedings can be initiated so long as assessment proceedings pending on the basis of .....

CEAT Ltd. Vs. Central Board of Direct Taxes

Court : Delhi

..... dated 30th september, 1996 giving its advice as to what it could do in the matter. the said letter reads as under: "sub: application under section 154 of the income-tax act, 1961 (the act) ref: your letter dated 30.9.1996 please refer to the above letter addressed to ito, tos-iv, mumbai, endorsing copy of this letter. in this connection i ..... by the petitioner to sanwa international finance limited (sifl), hong kong, since the said payment did not qualify for exemption under section 10(15)(iv)(c) of the income tax act, 1961 (the 'act'). 2. the challenge in the writ petition is also to a consequential communication dated 16th february, 1999, issued to the petitioner by the deputy commissioner of ..... as a representative assessee you may please approach the cbdt with your request in view of the powers vested with them u/s.119(2)(a) of the income-tax act, 1961." 43. it was pursuant to the above letter that on 17th december, 1996, the petitioner addressed a letter to the cbdt under section 119 of the .....

Asstt. Cit, Circle, Panipat Vs. Liberty India

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)4SOT93(Delhi)

..... as the profit or gain 'derived' from & industrial undertaking. it may constitute profits or gains of the business by virtue of section 28 of the income tax act, 1961, but, it cannot be construed as profits or gains 'derived' from the industrial undertaking for, its immediate and proximate source is not the industrial undertaking ..... the industrial undertaking having direct nexus with the activity of such industrial undertaking and, accordingly, the same forms part of the income derived from such industrial undertaking. the order of the cit(a) was, therefore, upheld with reference to this item.'" before me, the learned departmental representative for the revenue, submitted ..... receipt of the industrial undertaking having direct nexus with the activity of such industrial undertaking and, therefore, it forms part of the income derived from such industrial undertaking. the cit(appeals) coming to the above conclusion has placed reliance on the decision of the delhi bench of the tribunal in the case .....

Collector of Central Excise Vs. Mizar Govinda Annappa Pai and Sons

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1986)(9)ECC176

..... cases is an issue that does not arise in these proceedings.] so also, construing the expression "reason to believe" occurring in section 147(a) of the income tax act, 1961 the hon'ble supreme court had laid it down that before jurisdiction could be assumed under the provision, the officer designated therein must have reason to believe that the ..... income of the assesses had escaped assessment. if that condition is not fulfilled, the notice issued by the officer would be without jurisdiction. (c) (i) once this ..... ltd. v. co. law board and ors.] it was laid down that the words "in the opinion of the central government" in section 237(b) of the companies act, 1956 indicate that the opinion must be formed by the central government. this was reiterated in [rohtas industries ltd. v. s.d. aggarwal]. [the question of the existence .....

Commissioner of Income Tax Vs. Jyotsna Holding (P) Ltd.

Court : Delhi

Reported in : [2006]284ITR121(Delhi)

..... income-tax appeals referred to by the revenue. for the purposes of brevity, we are referring to the facts as stated in it appeal no. 167 of 2005.2. according to the appellant, following questions of law arise out of the order of the tribunal for adjudication by this court in an appeal under section 260a of the it act, 1961 ..... (hereinafter referred to as 'the act') :'(a.) whether tribunal was correct in law in granting the interest under section 244(1a) of the it act to the assessed from 28th march, 1988 to the date of adjustment, i.e., 25th july, ..... as the amount remained with the revenue for all this period. upon filing of the application by the assessed under section 154 of the act, it was claimed that interest in respect of tax paid by the assessed on different dates which are subsequently found refundable in its entirety. the appellate authority while relying upon the judgment of .....

Commissioner of Income-tax Vs. Goodyear India Ltd.

Court : Delhi

Reported in : (2001)168CTR(Del)407; [2001]249ITR527(Delhi)

..... at the instance of the revenue, the following question has been referred for the opinion of this court by the income-tax appellate tribunal, new delhi (in short, the 'tribunal'), under section 256(1) of the income-tax act, 1961 (in short 'the act') :-'whether, on the facts and in the circumstances of the case, the tribunal is right in holding that ..... is entitled to interest under section 244 on the amount of interest amounting to rs. 1,90,499 payable under section 214 of the income-tax act, 1961 ?'2. the dispute relates to the assessment year 1967-68.3. the factual position which is almost undisputed is essentially as follows:the assessed had paid advance ..... refund in cash but adjustedit against the demand for the assessment year 1968-69. the assessed claimed interest on the advance tax paid by it under section 214 of the act. this was partly denied by the income-tax officer vide his order dated august 16, 1974. the assessed went in appeal to the appellate assistant commissioner (in, short .....

Cit Vs. Ritesh Industries Ltd.

Court : Delhi

Reported in : (2004)192CTR(Del)81

..... present appeal under section 260a of the income tax act, 1961 (hereinafter referred as the act) is preferred by the revenue raising the following question'whether the amount of 'duty drawback' can be regarded as income derived from an industrial undertaking so as to entitle the assessed a deduction under section 80-i of the income tax act, 1961 ?'2. in this matter, one need ..... relief under section 80hh and 80j of the income tax act, 1961 ?'4. we need not set out section 80hh or section 80j of the act as the relevant part is the same as that of section 80-i of the act. in that case the assessed's claim was negatived by the income tax officer and ultimately the tribunal upheld the ..... from an industrial undertaking' in the context of section 80-i of the act. sub-section (1) of section 80-i of the act, is relevant for our purpose and, thereforee, we reproduce it below :'80-i (1) where the gross total income of an assessed includes any profits and gains derived from an industrial undertaking or .....

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Reported in : (1999)65TTJ(Del)1

..... -11-1998, in cw no. 4024/98 observing as under :'the grievance raised in this petition is very limited. penalty proceedings under section 271c of the income tax act, 1961 were initiated and finalised by the deputy commissioner, range 23, new delhi, against the petitioner resulting into a penalty of rs. 6,99,82,700 being ..... against the common order of the commissioner (appeals) for the financial years 1989-90 to 1994-95 confirming the penalties levied under section 271c of the income tax act, 1961. since the facts are common, these appeals have been heard together and are decided by this consolidated order.2. the assessees involved have raised the common ..... may, 1995 : the project office gave information among others as under :'2. mitsui is filing tds returns as required by the income tax act, 1961. the returns are being filed under the jurisdiction of the income tax officer, tds 22(5), new delhi.3. the employees have been provided with some or all of the following payments, allowances and .....

Bharat Commerce and Industries Ltd. Vs. the Commissioner of Income-tax

Court : Delhi

Reported in : (1985)45CTR(Del)1; [1985]153ITR275(Delhi)

..... other sources for the purposes of its business and the interest paid on this borrowed amount would have been deductible under section 36(l)(iii) of the income-tax act. counsel further contended that the intention of the legislature was amply made clear by the subsequent insertion of section 80v which permitted deduction of interest on money ..... rs. 1.15,809.the assessed claimed deduction of this interest amount ofrs. 1,15,809'- under section 37 of the income-tax act. 1961in computing the business profits. the appellate assistant commissioner of income-tax held that the interest was not paid in respect of the capital borrowed for the purposes of the asscssecsbusiness. the assessed went ..... the purposes of its business the interest paid under section 139 and section 215 should be allowed as deduction under section 37 of the income-tax act. counsel submitted that the unpaid amount of tax was rs. 34.37.819/ and the said amount was used by the assessed for the purposes of its business. it was .....