Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: income tax appellate tribunal itat delhi Page 2 of about 1,960 results (0.128 seconds)

Acit and Another Vs. M/S. True Zone Buildwell Pvt. Ltd. and Another

Court : Income Tax Appellate Tribunal ITAT Delhi

..... lead to the inference that assessee had incurred such expenditure. this cannot be made basis for addition made u/s 69 of the income-tax act while framing the assessment u/s 153a of the income-tax act, 1961. there is no evidence gathered by revenue from anywhere, which could establish a bit of the fact that assessee has paid anything ..... 6. ground no.2 of assessee's appeal is against sustaining the addition of rs.5,99,130/- being the commission paid u/s 69c of the income-tax act, 1961. the cit (a) granted the part relief. revenue has also taken ground no.2 in its appeal against deleting part addition. the revenue has also taken a ground ..... pending assessments abate wherever the search operation takes place. the assessing officer without giving any cognizance to the search operation made an assessment u/s 144 of the income-tax act, 1961 and made an addition of rs.54,41,00,877/- by holding that assessee has not furnished details. its source is not explained with documentary evidence/confirmation .....

Amway India Enterprises Vs. the Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)111ITD112(Delhi)

..... it was also submitted by her that the distinction between a copyright and a copyrighted article is not recognized by the income tax act and therefore both copyright and copyrighted articles are covered under section 32 (1) of the act. it was also submitted by her that the expression "wholly or partly" used in section 32(1) would also include ..... grant of a copyright or a license. as per the definition in section 2 (14) of the income tax act it will be a capital asset and accordingly to be treated in terms of section 32 or section 35a of the it act as the case be.32. shri devender shankar further submitted that up-gradation from a particular disc ..... ble supreme court came to the above conclusion. according to him, such extended meaning cannot be ascribed to computer software used by an assessee in the context of income-tax law.24. shri ajay vohra then drew our attention to u.s. regulations on the classification of transactions involving computer programs which are to the following effect:- .....

Shahid Atiq Vs. Ito, Ward 5(8)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)97ITD22(Delhi)

..... addition being different from review of the order, is very much permissible within the scope of powers under section 254(2) of the income tax act, 1961.thus, on proper examination of section 254(2) of the income tax act, reproduced in para 18 of this order, it is clear that the tribunal is under legal obligation to amend its order, passed ..... court has observed as under: "the appellate tribunal is not a court. its powers, however, are expressed in the widest possible terms under section 254 of the income tax act, 1961. its powers are almost similar to the powers of an appellate court under the code of civil procedure. a wide power, however, is not such that it can ..... 371 (del).in the case of vichtra construction (p) ltd. (supra), the hon'ble high court has held as under: "the provisions of section 254 of the income tax act, 1961 are not similar to those of review under the civil procedure code. the words used in section 254(2) are 'shall make such amendments, if the mistake is brought to its .....

Bj Services Company Middle East Vs. Asstt. Cit (Osd), Range-1,

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)4SOT633(Delhi)

..... the present case, the income was admittedly taxable under the head 'salary'. the assessing officer also relied on the decision of delhi high court in the case of frank ..... of tax. however, the assessing officer observed that the judgment of uttaranchal high court in the case of ongc (supra) was not applicable to the facts of the present cases as in the case relied upon by the assessee, profit was to be computed as per deeming provisions of section 44bb of the income tax act, 1961 (in short 'the act'). in ..... the person was not an employee of the assessee, such tax paid by the assessee could not be taxed under the head 'salary'. nevertheless, the same was income under section 2(24) of the act liable to tax under the head 'income from other sources'. the issue whether cost of tax is to be computed on the basis of single stage or .....

Slocum Investment P. Ltd. (Now Vs. the Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

..... to question the loan amount which was the subject matter of a regular assessment, while making block assessment, the court held as follows: the explanation to section 158ba of the income-tax act, 1961 makes it clear that the legislature thought it fit to make a distinction between the block assessment and the regular assessment. in the case of regular assessment, the assessing officer ..... country. it has an independent board having 3 non-resident directions in addition to mr. shiv nadar as director. further, as per clause (ii) of section 6(3) of the income tax act, 1961, m/s vsipl (m) is not a company resident in india as the control and management of its affairs is situated wholly outside india and all decisions are taken by .....

Honda Siel Cars India Ltd. Vs. Asstt. Commr. of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)109ITD1(Delhi)

..... made export of wheels, assembly steering, and other items to m/s. honda automobile, thailand, who is the associated enterprises within the definition of section 92a of the income-tax act. the assessee paid commission @ 3% of the export fob value claimed at rs. 10,52,277/- and credited to m/s. honda motor company, japan. the ..... that lumpsum know-fee and royalty were remitted only to hmcl after deduction of tax at source in terms of the provisions of the income-tax act and double taxation avoidance act (dtaa) between india and japan. the details regarding tax deducted at source and deposit of such tax etc. are placed at pages 430 to 440 of the paper book. thus, ..... he submitted that allegation of the cit(a) that relevant clauses of the tca were .....

P.P. Jewellers (P) Ltd., P.P. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)187

..... of authorization were issued by the competent authority duly empowered to issue the same and the said warrants were issued in conformity with the relevant provisions of the income tax act. as already discussed, the said warrants were not only issued but were also executed in accordance with the intent and purpose of the relevant provisions of the statute ..... be raised by the assessees which are common in all the three appeals: 1. that the proceedings initiated under section 158bc of chapter xivb of the income tax act had not validly been initiated against the assessee firm as there were no proceedings taken for search and seizure operations under section 132 of the ..... income tax act. in the absence of any valid panchnama evidencing search and seizure operations on the assessee, the entire proceedings taken in pursuance thereof were thus not valid .....

Shri Saurabh Srivastava Vs. Dy Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)111ITD287(Delhi)

..... of 8,66,450 shares of m/s.iis infotech ltd to the u.k. company, in respect of, which exemption was claimed under section 54ea of the income tax act, 1961 (for brevity 'the act'). in addition to the share transfer agreement, the fi group also entered into a non-compete agreement with the assessee on the same date, i.e., 4. ..... ). that the distributorship agreement in principal to principal basis was not an agency agreement and did not fall within section 28(ii)(c) of the income-tax act, 1961; (iii) that merely because the compensation had been quantified on three counts, viz; cost of trained man-power, compensation for cost of dealers and compensation for loss of ..... k.s./bbdo as capital receipt and, hence no taxable. the ao treated the amount as casual and non-recurring income. on appeal, the ld. cit(a) held that non-compete fee was taxable under section 28(ii) (a) of the act. on further appeal, the tribunal held that section 28 (ii)(a) covers payments for termination of managing agency or .....

Shri Saurabh Srivastava Vs. Dy. Commr. of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of 8,66,450 shares of m/s.iis infotech ltd to the u.k. company, in respect of, which exemption was claimed under section 54ea of the income tax act, 1961 (for brevity 'the act'). in addition to the share transfer agreement, the fl group also entered into a non-compete agreement with the assessee on the same date, i.e., 4. ..... ). that the distributorship agreement in principal to principal basis was not an agency agreement and did not fall within section 28(ii)(c) of the income-tax act, 1961; (iii) that merely because the compensation had been quantified on three counts, viz. cost of trained man-power, compensation for cost of dealers and compensation for loss of ..... k.s./bbdo as capital receipt and, hence no taxable. the ao treated the amount as casual and non-recurring income. on appeal, the ld. cit(a) held that non-compete fee was taxable under section 28(ii) (a) of the act. on further appeal, the tribunal held that section 28(ii)(a) covers payments for termination of managing agency or .....

Sony India (P) Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... passed by the ld. tpo without recording any cogent reasons for the same. 6. that on facts and in law the cit(a) erred in upholding addition to income of rs. 400,660,016 under chapter x of the income tax act, 1961. 7. that on facts and in law, the assumption of jurisdiction by ao/tpo to determine arm's length price is ..... bad in law and void ab-initio. 8. that on facts and in law the cit(a) erred in upholding the modified arm's length price. 9. that ..... such transactions in the open market; or (ii) reasonably accurate adjustments can be made to eliminate the material effects of such differences. further "rule 10b(1)(e) of income tax act providing for determination of arm's length price under section 92c required that following steps are to be taken while applying tnmm after selection and evaluation of controlled transactions. it .....