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Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: delhi Page 11 of about 19,219 results (0.117 seconds)

Jul 29 2005 (HC)

Commissioner of Income Tax Vs. Aditya Chemicals Ltd. and ors.

Court : Delhi

Reported in : (2005)197CTR(Del)241; [2006]283ITR458(Delhi)

acts/rules/orders: income tax act, 1961 - sections 2, 2(a),2(24), 2(45), 3, 4, 4(1), 5, 6, 14, 22(1), 22(4), 23(1), 23(2), 34(2), 64, 72, 80, 139, 39(1), 139(2), 139(3), 148, 153(1), 260a, 271, 271(2) and 271a ; finance act, 2002; income tax act, 1922 - sections 2 and 28(1); finance act, 1988; finance act, ..... less so.... (chagla, c.j. in elphinstone spinning & weaving mills co. ltd. v. cit (1955) 28 itr 811 (bom).)'1. this batch of appeals under section 260a of the it act, 1961 (hereinafter referred to as the act), arises out of separate orders of the income-tax appellate tribunal (tribunal) in different matters. however, the questions and issues involved are common and, ..... to be dealt with as specific arguments were raised based on them. in cit v. c.r. niranjan (1991) 187 itr 280 , it was held :'the relevant words are 'the amount of income'. the word 'income' has been defined under section 2(24) of the it act, 1961. it is an inclusive definition and it takes into its fold not only .....

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Sep 10 2004 (HC)

Commissioner of Income Tax Vs. Sae Head Office Monthly Paid Employees ...

Court : Delhi

Reported in : (2004)192CTR(Del)70; 113(2004)DLT840; 2004(76)DRJ562

..... ]221itr435(guj) , the division bench was called upon to decide the question of the assessed, a private discretionary trust and its liability under the provisions of section 112 of the income-tax act, 1961. in that case the assessed was assessed in so far as capital gain is concerned @ 20% in accordance with the provisions of s. 112(1)(a)(ii) on march 28 ..... 164 is not concerned with the manner of computation of the total income. in fact, this section comes into play only after the income has been computed in accordance with other provisions of the income-tax act, 1961. since determination of the status of an assessed is part of the process of computation of income, it is necessary to look into the general principles where the status .....

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Jan 28 2011 (HC)

The Central India Electric Supply Co. Ltd. Vs. Income Tax Officer, Com ...

Court : Delhi

..... circumstances of the case, the tribunal was justified in holding that re-assessment proceedings under section 147(a) read with section 148 of the income-tax act, 1961 had been rightly initiated against the assessee? (2) whether the tribunal was right in holding that valid approval had been accorded by the central board of direct ..... was deposited by the assessee in a nationalized bank, the benefit of section 54-e of the income tax act, 1961 ( for short, it act ) was claimed by the assessee.6. a notice dated 15.11.1981 under section 148 of the it act was issued to the assessee appellant company requiring it to furnish its return for assessment. the assessee ..... taxes under section 151(i) of the income-tax act for re- opening of the assessment of the assessee?"3. the necessary facts are being set out hereinafter. the assessee company was engaged in .....

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Apr 25 2011 (HC)

Areva Tandd. Vs. the Asst. Director of Income Tax, and ors.

Court : Delhi

..... the facts regarding the complete role of the indian subsidiary are still not on record. these can be known only during the detailed scrutiny. proceedings u/s 197 of the income-tax act 1961 were never carried out in such a manner to investigate the case to its depth. however these facts are in the knowledge of the assessee. the assessee could have disclosed ..... at the same price at which the said contracts were awarded to the petitioner by pgcil.3. the pgcil had moved an application under section 195(2) of the income tax act, 1961 (for brevity the act') with regard to the payments to be made to the petitioners. the revenue, vide orders dated 6.6.2000, 23.5.2001 and 28.12.2001, passed orders ..... profit shall be nil for the above onshore contracts in view of the sub-contracts. the assessee has filed the last two orders passed u/s 195(2) of the income tax act, 1961, in regard to the onshore supply and onshore services contracts for the financial years 2000-01 and 2001-02. in both these orders, the .....

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Jan 16 2009 (HC)

Anil Nanda and anr. Vs. Escorts Ltd. and ors.

Court : Delhi

Reported in : 156(2009)DLT697

..... ,000/- per acre and gave other concessions and benefits, e.g., recognition under section 35 of the income tax act, 1961' entitling deduction under the income tax act, 1961; a complete tax exemption under section 10(21) of the income tax act, 1961 as a charitable institute; recommendation under section 80g of income tax act, 1961 entitling the donors to tax deductions on' donations made to ehirc, delhi and import of medical and other equipments at concessional rates ..... of customs and excise duty.' ehirc, delhi accumulated reserves of rs. 110/- crores by way of donations and income. after .....

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Nov 04 2004 (HC)

Commissioner of Wealth Tax Vs. Sir Shoba Singh Public Charitable Trust

Court : Delhi

Reported in : (2005)193CTR(Del)287; [2005]274ITR478(Delhi)

..... the circumstances of the case, the appellate tribunal was justified in law in holding that the assessed trust was not hit by the provisions of section 21a of the wealth tax act,1957 read with section 13 of the income-tax act 1961 ?'2. we have taken the facts from the paper book of wtr nos. 41 to 43 of 1988. initially, in the ..... of the assesee it had been held that the trust violated the provisions of section 13(1)(c) read with section 13(3) of the income tax act, 1961. however, the tribunal had given the finding in favor of the assessed as regards the i.t. cases. the department had not accepted the same and was in reference before ..... held that the trust violated the provisions of section 13(1)(c) read with section 13(3) of the income tax act, 1961. the decision on which reliance was placed ultimately was considered by this court in case of the same assessed titled commissioner of income tax v. sir sobha singh public charitable trust [2001] 250 itr 475 wherein one of the questions was as under .....

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Jul 06 2006 (HC)

Commissioner of Wealth-tax Vs. Eternal Science and Man's Society

Court : Delhi

Reported in : [2008]296ITR445(Delhi)

..... shares of motor and general finance ltd. are not 'invested' in a concern, in which any person referred to in sub-section (3) of section 13 of the income-tax act, 1961, has substantial interest as provided in explanationn 3 thereof?2. some of the trustees of the assessed were directors of a company called motor and general finance ltd. it ..... entitled to the benefit of section 13(2) (h) read with section 13(3) of the income-tax act, as applicable to the wealth-tax act. this view of the assessing officer was not upheld by the commissioner of wealth-tax and also by the income-tax appellate tribunal.5. under the circumstances, the above question of law has been referred for our opinion ..... donor had a substantial interest and, thereforee, the assessed was entitled to the benefit of section 13(2)(h) read with section 13(3) of the income-tax act.7. on a reading of the aforesaid judgment, we note that a similar issue had arisen before some other high courts including before the calcutta high court in .....

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Feb 23 2006 (HC)

K.R. Pradeep Vs. Central Board of Direct Taxes

Court : Delhi

Reported in : (2006)203CTR(Del)147; [2006]282ITR526(Delhi)

..... :toshri k.r. pradeep,no. 20, 1st floor,'eden park' flat no. 101,vittal mallya road,bangalore 560001.subject : application for approval under section 80rra of the income-tax act, 1961-reconsideration reg.sir,i am directed to refer to your letter dated 20th march, 2000, on the above subject.2. as per para. 3 of the agreement, 'service ..... toshri k.r. pradeep,no. 20, 1st floor,'eden park', flat no. 101,vittal mallya road,bangalore 560001.subject : application for approval under section 80rra of the income-tax act, 1961-reg.sir,i am directed to refer to your application dated 16th february, 2000, on the above subject.2. one of the conditions to be satisfied for availing of ..... the petitioner was to receive an aggregate fee of rs. 40 million, i.e., rs. 4 crores.7. the petitioner claimed the benefit of section 80rra of the income-tax act vide application dated february 16, 2000, 'annexure p-2' to the writ petition. however, by undated letter dated march 2000, the said application was rejected by the .....

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Dec 18 1981 (HC)

D.L.F. Housing and Construction (P.) Ltd. Vs. Commissioner of Income-t ...

Court : Delhi

Reported in : (1982)29CTR(Del)199; [1983]141ITR806(Delhi)

..... the facts and in the circumstances of the case, the aforesaid surplus of 47,085 from acquisition of agricultural land was exempt from tax as agricultural income within the meaning of section 2(1) of the income-tax act, 1961 ?' 3. the facts germane to dispose of these references succinctly are that the assessed m/s. d.l.f. housing & ..... the acquisition of the land in question constitutes agricultural income exempt under section 4(3)(viii) read with section 2(1) of the indian income-tax act, 1922 (iii) whether, on the facts and in the circumstances of the case, the assessment framed under section 143(3) of the act of 1961, is without jurisdiction and unsustainable and should, ..... above-mentioned references under s. 256 of the i.t. act, 1961 (in short 'the act'), have been made by the income-tax appellate tribunal (in short 'the tribunal'), and they involve common question of law. in i.t.r.no. 34/72 which pertains to the assessment year 1961-62, the delhi bench (c) of the tribunal has .....

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Sep 10 1982 (HC)

Smt. Raj Kumari Nanda Vs. Commissioner of Income-tax, New Delhi

Court : Delhi

Reported in : [1984]146ITR66(Delhi)

..... or lands appurtenant thereto of which the assessed is the owner, excluding the portion occupied for business or professional purposes, shall be chargeable to income-tax under the head 'income from house property.' section 23 of the act, as it was in force for the relevant period which laid down how the annual value is to be determined read as under : ' ..... receipts have to be regarded as the annual letting value. the tribunal further held that there was nothing in the language of s. 23 of the i.t. act, 1961, to suggest that the annual value of the property as received should be ignored and the municipal value only should be adopted even though it was less. accordingly, ..... property, one-half of the total amount of such taxes shall be deemed to be the tenanat's liability : provided further that in the case of a building comprising one or more residential unties the erection of which is begun and completed after the 1st day of april, 1961, the annual value as determined under this sub-section .....

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