Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: income tax appellate tribunal itat delhi Page 3 of about 1,960 results (0.178 seconds)

Commissioner of Income-tax Vs. Angoori Devi Sher Singh

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1987)22ITD35(Delhi)

..... from the tribunal's order. the said question should, therefore, be referred for the esteemed opinion of the hon'ble delhi high court.order under section 255(4) of the income-tax act, 1961 - we have been able to differ with respect to the above reference application. the matter is, therefore, to be placed before the president for proceeding under section 255(4) of ..... 19-3-1986 of 'b' bench of the itat, new delhi and in fact issue no. 2 pertaining to accumulation of rs. 43,307 under section 11(2) of the income-tax act, 1961 was restored to the lower authorities for examining the allowability.4. the revenue thereafter raised the following two questions for being referred to the hon'ble delhi high court for .....

income-tax Officer Vs. Food Specialities Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)49ITD21(Delhi)

..... ix erred in law in not allowing excise duty as claimed by your appellant in the sum of rs. 81,60,723 under the provisions of section 43b of the income-tax act, 1961." 2. the assessee in this case is a public limited company, engaged in the manufacture and sale of various kinds of food products, like nescafe" instant coffee, " ..... the assessee stated that the aforesaid change had been effected with a view to "comply with the requirements of section 43b of the income-tax act, 1961". to appreciate the view-point canvassed on behalf of the assessee, the income-tax officer extracted in the assessment order the relevant figures vis-a-vis the earlier method and the new method, which was sought to ..... ground no. 1 is, accordingly, allowed.45. the only other remaining ground in the assessee's appeal pertains to the disallowance under section 37(3a) of the income-tax act, 1961.to this is connected ground no. 2 in the revenue's appeal and the subsequent discussion disposes of these common grounds.46. the .....

Dy. Cit Vs. M/S. Escorts Tractors Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)91TTJ(Delhi)905

..... under clauses (a), (c) and (d) of section 43b is made before the date prescribed for filing of the return under section 139(l) of the income tax act, 1961 evidence of such payment has to be finished by the assessee alongwith such return. the emphasis is on furnishing of the evidence of payment along with such return. ..... upon by the appellant's learned counsel the expenditure on cost of construction of score board could not be considered allowable under section 37(3) of the income tax act provided it was proved that the same was used for advertisement purposes by the appellant itself. appellant has a number of sister concerns under the escorts group ..... for the show at nehru stadium, i held that no justification has been given in support of their allowability as advertisement expenses under section 37(3) of the income tax act. hence, addition to the extent of rs. 76,625 is hereby confirmed." after considering the nature and details of the expenditure, we find that the learned commissioner .....

Shri Shahid Atiq L/H of Late Sh. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)98TTJ(Delhi)971

..... hon'ble 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 be ..... the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. the hon'ble supreme court has held as under: "under section 254 of the income-tax act, 1961, the appellate tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. the power of ..... 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, 1961.26.4. thus, on proper examination of section 254(2) of the i.t. act, reproduced in para 18 of this order, it is clear that the tribunal is under legal obligation to amend its order, .....

Jcit, Spl. Range 23 Vs. Dalmia Cement (Bharat) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)99TTJ(Delhi)1109

..... at pages 837 to 839 in the following words :- "such rebate as obtains on the point turns on the definition of "actual cost" in section 43(1) of the income tax act, 1961. section 43(1) provides definitions of certain terms and, inter alia, stipulates that for purposes of section 28 to 41 and 43, "actual cost" means "the 'actual cost ..... effect from april 1, 1952, in this respect". this amendment was introduced as an explanation to the definition of "actual cost" in section 10(5) of the indian income tax act, 1922, to nullify the effect of the judicial interpretations to the contrary. though, at the stage of the bill, the proposal was to exclude from the concept of ..... question is treated to be capital receipt that is the end of the matter. under the provisions of income-tax act, both revenue receipt as well as capital receipt may have bearing on the computation of assessable income chargeable to tax. this aspect has been discussed at length in the judgement of hon'ble supreme court in the case .....

Napar Drugs Pvt. Ltd. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)98ITD285(Delhi)

..... on 25.5.2004 the following point of difference for reference to the hon'ble president for further necessary action as envisaged under section 255(4) of the income-tax act, 1961: whether on the facts and findings, issue being identical and covered by various tribunal orders arising from the same search and in the light of material on ..... court have also clearly recognized that each assessment year is separate and independent and held: the revenue then moved an application under section 256(1) of the income tax act, 1961. the tribunal rejected the application on the ground that as no reference had been asked for by the revenue in the earlier years on the facts, it could ..... the facts and in the circumstances of the case, is not the decision of the tribunal in directing deletion of the addition made under section 68 of the income-tax act, 1961, placing reliance on the decision of the delhi high court in the case of stellar investment ltd. as erroneous and perverse hon'ble gauhati high court held .....

Freightship Consultants (P) Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)110ITD377(Delhi)

..... further means that for the first time the issue regarding the debatability of deduction under section 80-o and charging of interest under section 234b of income tax act, 1961 was only raised by the assessee when the assessing officer issued a notice under section 154simply for charging of interest under section 234b up to the date ..... stated, the facts relating to the issue involved in these grounds of appeals are that the original assessments under section 143(3) of the income tax act, 1961 were completed in these cases. while making the assessments, the assessing officer did not allow the claim of the assessee for deduction under section 80-o of ..... was not competent to pass an order under section 154 of the income tax act, 1961 and the same has been wrongly upheld by the commissioner (appeals). in support thereof he has relied upon the following case laws : cit v. reading & bates exploration co. (2005) 278 itr 472 (uttaranchal) addl. cit v. isthmian india maritime (p) ltd. (1978) 113 itr .....

Ge Capital Transportation Vs. Asstt. Cit, Special Range 2

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113ITD22(Delhi)

..... under section 115 j which provisions learned ar for the assessee akin to section 115ja of the act as follows: the assessing officer, while computing the book profits of a company under section 115 of the income tax act, 1961, has only the power of examining whether the books of account are certified by the authorities ..... under the companies act as having been properly maintained in accordance with the companies act. the assessing officer, thereafter, has the limited power of making increases ..... 'reserve' thus is a misnomer. in substance it is only another acceptable method of revenue recognition. the method of accounting under the normal provisions of income-tax act may differ from that under mat provisions. this is because section 115ja(2) makes it mandatory for a company to prepare its profit and loss account .....

Godore Tools (India) (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)25ITD193(Delhi)

..... that though the ccs could not be treated as a mere bounty or gift, it was not a revenue receipt taxable under section 28(iv) of the income-tax act, 1961 taut only a capital receipt given to improve and build up its capital base and to remove the inadequacies in its export apparatus or infrastructure. we agree ..... or in a different state, in the absence of any contrary decision of any other high court. the appellate tribunal is not an income-tax authority as defined in section 116 of the income-tax act, 1961. both the parties are, therefore, free to canvass their respective viewpoints before the special bench regarding the ratio decidendi of the various decisions ..... of two benches of the tribunal that it was considered fit and proper by the president to constitute the present special bench under section 255(3) of the income-tax act, 1961.the position as clarified by the third member in the case of export house (supra) namely that when conflicting decisions are there, the decision of the special .....

C.E. Bailey Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... to them. the completed assessments for various years in the cases of these employees were re-opened either under section 143(2)(b) or under section 148 of income-tax act, 1961.3.1 after the search, the employer company gec filed a settlement application before the deputy director of investigation, unit-iv, as well as to the director ..... but were deleted by the tribunal in the quantum appeal.4.2 these assessees preferred appeal before the cit(a) against levy of such penalty under section 271(1)(c) of income-tax act, 1961 (for short referred to as 'act').5. the cit(a) in the appellate order passed in various cases mentioned at sl. nos. 1 to 28 held ..... the budget papers, which are purely papers for overcasting and do not represent the actual payments. further for the purposes of taxation of salaries under the indian income-tax act, the actual payment of salary must be taken and that figure is available in the settlement petition and that figure alone should be taken as representing the salary .....