Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: income tax appellate tribunal itat ahmedabad Page 2 of about 698 results (0.185 seconds)

Sangita Trust No. 1 Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1994)50ITD66(Ahd.)

..... income in respect of which the persons mentioned in clauses (iii) and (iv) of sub-section (1) of section 160 are liable ..... on a business or profession exclusively for the benefit of persons employed in such business or profession, wealth-tax shall be charged at the rates specified in part i of schedule i.it will also be worthwhile to reproduce section 164(1) of the income-tax act, 1961 : 164(1) subject to the provisions of sub-sections (2) and (3), where any ..... decisions of the calcutta and m.p. high courts at page 109 and has observed that these two decisions related to interpretation of section 164 of the it act, 1961 where the words used are "tax shall be charged" as against the word "levied" used in section 21(4). it has been held that section 164 is a charging section while .....

Smt. Farzana Farooq Desai Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2002)74TTJ(Ahd.)507

this appeal is directed against the assessment order by the deputy commissioner ahmedabad under section 158bd read with section 158bb(1) of the income tax act, 1961, on 29-12-1997.1. in law and in the facts as well as the circumstances of the appellant's case, the order passed by the ..... deputy commissioner (assessment), senior representative 11, ahmedabad, under section 158bd read with section 158bb(1) of the income tax act is bad in law and without jurisdiction. in passing this order the assessing officer has failed to appreciate the following amongst others : (a) he ought to have appreciated ..... that the appellant very specifically informed the assessing officer vide her letter dated 14-10-1997, that she did not receive any notice under section 158bc, of the income tax act and, therefore, the proceedings were ab initio void and without jurisdiction.(b) he has further failed to appreciate that the appellant had requested in her letter dated .....

Asstt. Cit Vs. Mugat Dyeing and Printing Mills

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2002)77TTJ(Ahd.)696

..... assessee is a trading receipt and deduction for the same is allowed only when the same is actually paid within the meaning of section 43b of the income tax act, 1961. he also submitted that furnishing of bank guarantee does not amount to making "actual payment" within the meaning of section 43b. the learned departmental representative ..... but did not allow any deduction for excise duty on the ground that it was not paid to the government account in terms of section 43b of the income tax act, 1961. according to the assessing officer, deduction is permitted only on basis of "actual payment". in the impugned order, the commissioner (appeals) held that excise ..... endeavour to arrive at an agreed order. but i am unable to persuade myself to concur with his conclusion regarding interpretation of section 43b of the income tax act, 1961.the point in dispute for both the assessment years under appeal is regarding disallowance made by the assessing officer under sections 43b which was deleted by the .....

The Deputy Commissioner of Vs. Bhogilal Mulchand

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2005)98TTJ(Ahd.)108

..... 's appeal are inter related. the facts of the case are that the assessee is a partnership firm which derives income from manufacturing and sale of sweets. the firm is consisting of following partners :- action under section 132 of the income-tax act, 1961 ["the act" in short] was conducted on 5-11-92 at the residence-cum-shop premises at 26, suhasnagar society, ashram road ..... , ahmedabad , where shri kamleshbhai and shri nitibhai were residing. simultaneously survey operations under section 133a of the act were carried out at the shop of the assessee at maneck .....

Deputy Commissioner of Vs. Mira Industries

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2003)87ITD475(Ahd.)

..... net profits of the company for the financial year computed in the manner laid down in section 349 of the companies act, 1956 [subject to deducting the depreciation to the extent allowable under the income-tax act, 1961 instead of specified in section 350 as stated in sub-clause (k) of clause (4) of the said section 349 ..... claimed by an industrial undertaking. in this regard the term "industrial undertaking" was explained to be as under: the expression "industrial undertaking" has not been defined in the income-tax act, "industry" is a term of wide import. where there is (i) systematic activity; (ii) organised by co-operation between employer and employee; (iii) for the ..... is shown by the society of words before and after. it held that the words "industrial undertaking" occurring in section 32a(2)(6)(i) of the income-tax act, should be construed in a liberal, wide and practical sense. their lordships observed that the statutory language is clear and should not import any limitation therein and .....

Kiran Corpn. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2006)98ITD119(Ahd.)

..... ahmedabad in the case of mamta machinery (p.) ltd. (supra) or refer the same to larger bench in accordance with provisions contained in section 255(4) of the income-tax act, 1961. 7. in view of the foregoing, i am of the view that prima facie adjustment in intimation under section 143(1)(a) was correctly made by assessing officer. the ..... ahmedabad in the case of mamta machinery (p.) ltd. (supra) or refer the same to larger bench in accordance with provisions contained in section 255(4) of the income-tax act, 1961.7. in view of the foregoing, i am of the view that prima facie adjustment in intimation under section 143(1)(a) was correctly made by assessing officer. ..... well as decision of this tribunal in the case of manila machinery (p.) ltd. (supra). i accordingly hold that ld.cit(a) is fully justified in upholding the levy of additional tax under section 143(1a) of the income-tax act, 1961.8. in the result, the appeal of the assessee in ita no. 698/ahd./95 is dismissed.as there is difference .....

The Asstt. C.i.T. Vs. National Lamination Industries

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2007)109ITD181(Ahd.)

..... to heat treatment etc. for the assessment years 1984-85, 1986-86 and 1986-87 and, consequently, entitled to "investment allowance" under section 32a of the income-tax act, 1961. these tax case petitions are, thus, disposed off. there shall, however, be no order as to costs, in the circumstances of the case. 12. no decision has ..... as required under section 80ib(2)(iii).29. the term "manufacture" and "produce" as described in section 80ib(2)(iii) are not defined in income-tax act, 1961 (hereinafter the act). therefore, the same has to be analysed as interpreted by the courts and by now it has almost become settled that what should be the real ..... contention. in the circumstances, we do not find any reason to refer the questions raised to this court under section 256(2) of the income-tax act, 1961. these petitions are, therefore, dismissed. 2. director of income-tax (exemption) v. dharm pratisthanam 155 ctr (del) 385. perused the contents of paragraph 7 of the petition. ld. counsel for the .....

Bharat Vijay Mills Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1987)21ITD259(Ahd.)

..... by the cbdt which is binding on the sto clearly says that the development rebate reserve in excess of statutory requirement as contemplated in section 33 of the income-tax act, 1961, has to be treated as 'other reserve' for the purpose of computation of capital base in determining the statutory deduction as contemplated under section 2(8). ..... dated 11-1-1971 was specifically issued in respect of reserve created for development rebate in excess of the statutory requirement as contemplated under section 33 of the income-tax act, 1961. since the said circular is binding on all the surtax authorities, the internal audit objection in this regard cannot be considered as 'information' as contemplated under ..... hence, cannot be deducted from the business profits. further, there is no provision in the surtax act for such deduction.the sto worked out the net chargeable profit of rs. 4,96,941 in the following manner:4. income-tax 19,76,495 20,08,223 14,17,4474. increase of paid-up capital 2,22,222 .....

Rajmoti Industries Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1995)52ITD286(Ahd.)

..... assessee is admitted as per the provisions of rule 29 of the itat rules. this tribunal, under the scheme of the income-tax act, 1961 is a final fact-finding authority and in order to enable it to decide disputes brought before it by way of second ..... the a/c. reveals that he was not happy with the addition made by the assessing officer from the observation "the income-tax officer also did not make any effort to find out the genuineness of these credits". the a/c. was convinced that ..... the subject added the sum of rs. 4, 34, 400 plus interest amount of rs. 35, 000 as assessee's income. the assessee challenged this addition as well as other additions made by the assessing officer in the first appeal before the a/c ..... (loans) in assessee's account books and wanted further corroborative evidence for his satisfaction in terms of section 68 of the act. the assessee time and again informed the assessing officer about the circumstances which prevented it from procuring the confirmatory letters from the .....

Deputy Commissioner of Vs. Smt. Pannaben P. Desai

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

..... statement that said jewellery was the property of the assessee. the assessing officer, however, in his order dated 18-2-1984 passed under section 132(5) of the income-tax act, held that the above jewellery belonged to shri piyush o. desai and was acquired by him from undisclosed sources in the period relevant to assessment year 1984-85.2. ..... levy of penalty is required to be reached in the course of the assessment proceedings. this has been emphasised on considering scheme of sections 271, 274 and 275 of the income-tax act since case of jain bros. v. union of india [1970] 77 itr 107 decided by constitutional bench of hon'ble supreme court on november 18, 1969. the ..... that jewellery was to be added and assessed in the hands of the assessee's husband as was made clear from order passed under section 132(5) of the income-tax act. in the light of above order, the assessee could reasonably entertain a belief that no useful purpose would be served by disclosing the jewellery in her return for .....