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Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: income tax appellate tribunal itat cochin Page 7 of about 323 results (0.116 seconds)

Apr 29 1998 (TRI)

Deputy Commissioner of Income Tax Vs. I-rghland Produce Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2000)66TTJ(Coch.)506

..... sale of tea contemplated by r.8(1) of the it rules, 1962, is the chargeable income. therefore, before applying the rule income should have been computed in accordance with the provisions of the income tax act. that is after allowing deductions including those under chapter via of the income tax act, 1961. hence the deduction in respect of the profits from the industry contemplated under section 80-1 ..... of the income tax act, 1961, should be applied to the profits and gains attributable to the income from the tea industry before r. 8 of the .....

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Nov 01 1999 (TRI)

Al-madeena Charitable Trust Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2001)76ITD214(Coch.)

..... in the case of sole trustee, loka shikshana trust (supra), explaining the sense in which the word 'education' has been used in section 2(15) of the income-tax act, 1961, his lordship, justice khanna observed -- "the word 'education' has not been used in that wide and extended sense, according to which every acquisition of further ..... donations received towards the corpus. in this case, justice khanna, speaking for the court held that "the word 'education' in section 2(15) of the income-tax act, 1961, connotes the process of training and developing the knowledge, skill, mind and character of students by normal schooling, and has not been used in the wide ..... that the trust was created, nourished and maintained by this organisation for achieving its goals.3. the assessee formed a charitable trust and got registered under the income-tax act, 1961. on a perusal of the deed of trust, the assessing officer noted that the assessee was to be engaged in the following activities of charitable nature : .....

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Mar 22 2001 (TRI)

Deputy Commissioner of Vs. Nedungadi Bank Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2003)85ITD1(Coch.)

..... the assessment years under consideration.25. the assessments for the three assessment years under appeal were reopened under section 147 of the income-tax act, 1961,on the ground that income chargeable to tax for these years has escaped assessment on account of the allowance of the claim made by the assessee for depreciation on investment ..... rs. 28,11,413 respectively. subsequently, assessment proceedings were reopened by issuance of notice under section 148 of the income-tax act, 1961. the reopening was done on the ground that income chargeable to tax has escaped assessment on account of allowing the claim made by the assessee with regard to depreciation and investment allowance and ..... . the assessee claimed that the above sum earned by it should be exempted under section 80p(2)(a)(f) of the income-tax act, 1961,for the reason that the banking regulation act, 1949, had been made applicable to the assessee and the provisions of the regulation clearly indicated that the holding of securities, .....

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Jan 31 2003 (TRI)

The Dy. Commissioner of Vs. Popular Automobiles

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2004)90ITD333(Coch.)

..... ), kochi dated 21.1.1999. the appel arises out of the assessment completed under section 143(3) read with section 142(2a) of the income-tax act, 1961. the cross-objection is filed by the assessee.2. the assessee in this case is a partnership firm engaged in the business of purchase and sale of automobile ..... total income. the learned chartered accountant submitted that only on the reversal of the order of the cit(appeals) on the legal ground, the assessment as such may not be confirmed.12. we heard both sides in detail. the impugned assessment year in this case is 1995-96. as per the provisions of section 153 of the incometax act, 1961 an ..... in such circumstances the extended period relied on by the assessing officer cannot be considered in excluding the period of limitation to be computed under section 153 of the incometax act, 1961. agreeing with the decision of the itat, bangalore bench, we hold that on this ground the assessing officer would get only a period of 114 days in computing .....

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Oct 31 2003 (TRI)

Mamatha Hotels, by K.L. George and Vs. the Asst. Commr. of Income-tax

Court : Income Tax Appellate Tribunal ITAT Cochin

..... . here, in the case of these appellants, notice under section 156 has been served because they are assessees within the extended meaning to section 2(7) of the income-tax act, 1961.15. it is the duty of the court or that matter any tribunal or of that any qusi judicial authority to interpret the statute so as to suppress the mis ..... on 22-2-1996 for the assessment year 1995-96. no regular return has been filed thereafter.4. there was a search and seizure operation under section 132 of the income-tax act, 1961, on 12-12-1996 at the residence of shri ramakrishnan, the present managing partner and in the residence of smt.e. l. gracy the former managing partner in ..... not stand to reason.14. it is to be seem that as a consequence of the search under chapter xiv-b of the income-tax act, 1961, a notice of demand under section 156 was served on the appellants. section 156 reads as under: "when any tax, interest, penalty, fine or any other sum is payable in consequence of any order passed under this .....

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Apr 26 2005 (TRI)

Dy. Cit Vs. Cochin, Malabar Estates and

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2006)5SOT497(Coch.)

..... .we have also gone through the compilation filed by the a.r. in respect of the assessment orders under the karnataka agricultural income tax act as well as the kerala agricultural income tax act. we have also considered circular no. 5 dated 22-5-2003 issued by the cbdt. it is pertinent to note that ..... compilation filed by the assessee it is seen that the assessee had paid agricultural income-tax under kerala agricultural income tax act and also under the karnataka agricultural income tax act, and hence, in our considered opinion the assessee is not liable to pay any income-tax from the product obtained from rubber plants grown by the assessee-company. hence, ..... be, can initiate proceedings under section 147 or under section 263 of the income tax act for the assessment years prior to 2002-2003 to determine the income liable to income-tax even if the assessee had already paid agricultural income-tax on such income. the cbdt has clarified in the said circular that no proceedings under section .....

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May 25 2005 (TRI)

Thodupuzha Wines Vs. Dy. Commr. of Income-tax

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2006)99TTJ(Coch.)786

..... of the firm illegal? 4. whether, on the facts and in the circumstances of the case, the firm was entitled to registration under section 185(1)(a) of the income-tax act, 1961, for the assessment years 1980-81, 1981-82 and 1982-83? 11. it is clear from the facts of the case before the hon'ble high court that the ..... a.t., cochin bench: 1. whether, on the facts and in the circumstances of the case, the firm was entitled to registration under section 185(1)(a) of the income-tax act, 1961, for the assessment year 1981-82? 2. whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that forming a ..... in liquor with other partners is a prohibited one. such a contract of partnership is void under section 23 of the contract act. such a void contract of partnership cannot be recognized as a genuine partnership under the income tax act, 1961...".10. there were references before the hon'ble high court of kerala in the case of narayana & co.(supra) and other .....

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Jul 01 2005 (TRI)

Chandrasekhar Balagopal Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2005)4SOT313(Coch.)

..... the letter sent by the assessing officer to the assessce is placed. the learned advocate further submitted that as per the provisions of section 255(6) of income tax act, 1961, this tribunal has plenary powers, as the assessee has been denied the opportunity to take inspection of the assessment record, to issue directions to the assessing officer ..... by this tribunal are as under : (i) that the initiation of proceedings in the instant case by the issue of a notice under section 148 of the income tax act, 1961, for the assessment year 2000-01 is without jurisdiction and, therefore, bad in law.(ii) that the assessment made on the basis of the notice under section ..... filed the present appeal before us.assessee's learned advocate filed miscellaneous application in this appeal seeking directions of this tribunal under section 255(6) of the income tax act. the assessing officer has also filed his reply dated 1-7-2005 to the contentions and averments made by the assessee in his application dated 20-6 .....

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Nov 23 2007 (TRI)

Shri N.P. Santhosh Kumar Vs. the Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

..... (imfl). in addition to that, he also runs fast food centre, aqua fast food and also bakery business. there was a search action under section 132 of the income-tax act at the residential premises of the assessee at mysore and kannur and also in the business premises situated on the mysore-bangalore road on 27-3-2003. in addition to ..... 1. this appeal by the assessee is directed against the order of the commissioner of income-tax, central, cochin dated 1-2-2007 passed under section 263 of the income-tax act. 2. the cit (central) went wrong in initiating proceedings under section 263 and canceling the assessment order in respect of the block assessment under section 158bc dated 18/3/2005, alleging ..... ,12,809. i am therefore, of the view that the order passed by the assessing officer under section 158bc read with section 143(3) of the i.t. act, 1961 on 18.3.2005 is erroneous and prejudicial to the interest of the revenue to this extent, warranting initiation of action under section 263 of the i.t .....

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Mar 20 1982 (TRI)

Premier Cable Co. Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1982)1ITD1064(Coch.)

..... 1. this appeal is by the assessee against the order of the commissioner, cochin, passed under section 263 of the income-tax act, 1961 ("the act"). the assessment year is 1976-77. for this assessment year, the ito completed the assessment on 22-9-1979. up to the assessment year 1974-75, ..... the provisions of, the act in respect of the total income of the previous year or previous years, as the case ..... is of primary importance with reference to the charging section in the act, namely, section 4.this section uses the words "any assessment year", and provides that where any central act enacts that income-tax shall be charged for any assessment year at the rates to be specified in that act, income-tax, etc., shall be charged in accordance with, and subject to .....

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