Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: income tax appellate tribunal itat delhi Page 9 of about 1,960 results (0.469 seconds)

Apparel Export Promotion Council Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)57ITD609(Delhi)

..... . in the above background, he agreed with approach of assessing officer on taxability of forfeited amount.7. in relation to assessee's claim of exemption under section 11 of the income-tax act, the cit(a) noted that council was holding fashion shows, seminars and other activities noted by the assessing officer. he was of the view that the assessing officer was right in ..... being charged.this charge was for a specific service. reliance in this connection was placed on case of bar council (supra); bar council v. cit [1949] 17 itr 452 (pat.); delhi stock exchange association ltd. v. cit [1961] 41 itr 495 (sc).12. with regard to taxability of forfeiture of earnest money it was stated that the earnest money was being forfeited right .....

Assistant Commissioner of Vs. Vardhman Die Caster

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1997)61ITD213(Delhi)

..... ble supreme court in the case of narang dairy product (supra) considered the question relating to withdrawal of development rebate under section 34(3)(b) of income-tax act, 1961. in that case, the assessee was carrying on the business of manufacture of milk powder. the assessing officer had originally allowed development rebate in assessment year ..... year, in which it was installed, the investment allowance was liable to be withdrawn under section 155(4a), read with section 32a(5), of the income-tax act, 1961. the assessing officer issued a notice under section 154 dated 23-10-1991. the assessing officer observed that no satisfactory reply was received from the assessee. ..... this case, the ito completed the original assessment of the assessee for assessment year 1979-80 allowing investment allowance under section 32a of the income-tax act, 1961 on plant and machinery of cold storage and also allowed deduction in respect of profits and gains from the cold storage under section 80hh of the .....

Deputy Commissioner Vs. Prominent Hotels Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)73ITD51(Delhi)

..... assessee submitted reply vide letter dated 6-11-1989 with averments that income from licence fee received from bank of india is business income in the hands of assessee. reference to section 22 of the income-tax act, 1961 (hereinafter referred as the act) was also made which applies only to annual value of property of which the assessee was owner ..... in accordance with the provisions of the act. section 14 lays down that for the purpose of computation, the income of the assessee has to be classified under 6 heads. it is possible for a company to have six different sources of income and each of which will be chargeable to income-tax. profits and gains of business is only ..... the assessee would not be owner under section 22 of the act and other decision of madras high court in the case of cit v.b. nagireddy 147 itr 337 was also relied in which income derived from income of film studio was taken as income from business. the ld. cit (a) considered the submissions and noted that hotel building was .....

Saipem S.P.A. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)86ITD572(Delhi)

..... of the hon'ble high courts and they have to pass their orders no doubt taking into account the provisions of an all india central enactment i.e. the income tax act, 1961 but with reference to the decisions of the jurisdictional high court to which appeals on a "substantial question of law" lie against its orders.tribunal even after being an ..... have the facts but only the question of law, which was pending decision of the special bench. ' (iv) that the income-tax appellate tribunal was an all india body and entrusted with the task of interpreting the it. act and the third member was a part of a division bench and not a special bench and further the intervenor even in a ..... hon'ble high courts and they have to pass their orders no doubt taking into account the provisions of an all india central enactment i. e. the i.t. act,1961 but with reference to the decisions of the jurisdictional high court to which appeals on a "substantial question of law" lie against its orders. the itat therefore even .....

Parivar Sewa Sanstha Vs. Dy Dit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)1SOT71(Delhi)

..... well as in january, 1997 was not reasonable and, as such, the claim of exemption of the assessee under section 12 is hit by section 13(1)(c) of the income tax act, 1961.we have also examined the following judgments referred to by the assessee with regard to his submissions that the employees of the society does not fall within the category of ..... on 21-1-1982. she was neither a trustee nor a manager, but merely a member of the governing body and hence not covered by section 13(3) of the income tax act, 1961.the cit (a) re-examined the impugned issue in the light of assessee's contentions and held that if such high salaries were not paid to smt.sudha tiwari, the ..... with the services rendered by her for the society. as such, the claim of exemption is hit by section 13(1)(c) of the income tax act, 1961.we, therefore, do not find any infirmity in the order of the cit (a), who has rightly upheld the action of the assessing officer.so far as the issue of grant of aids and contributions received by .....

Thai Airways International Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)2SOT389(Delhi)

..... order of the tribunal in lakshmi gnaneswara enterprises & financiers v. ito (2000) 72 itd 295 (hyd.).(iii) there is no time-limit laid down under the provisions of income tax act for orders under sections 201(1) and 201(1a). the tribunal does not enjoy the same powers as hon'ble supreme court under article 142 of the constitution of india ..... upon by the learned senior departmental representative helps the case of the revenue since it has been held that order under section 18(7) of the income tax act, 1922 corresponding to section 201 of the act can be passed at any time. however, the said decision is contrary to the decision of the supreme court in the case of s.b. ..... sahi v. state of uttar pradesh the third case relied upon by the learned counsel for the assessee is the decision of income tax appellate tribunal, delhi bench "d" in the case of sheraton international inc. v. dy. cit (supra). that judgment has been given by the hon'ble tribunal in the context of the provisions of section 142(1) .....

Bhagwat Prasad Verma Vs. Ito, Ward-1, Roorkee

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)7SOT256(Delhi)

..... 2-2004, on as many as six grounds, but mainly projecting the grievance that the assessment order passed by the assessing officer after issuing notice under section 148 of the income tax act, is illegal because the notice under section 143(2) was issued beyond the period of limitation and secondly, that the authorised representative of the assessee were not within the jurisdiction ..... . ramsukh motilal (1955) 27 itr 54 (bom) wherein their lordships held as under : "if a notice under section 34 of the indian income tax act, 1922, embodies any of the requirements under section 22(2) it must at the same time permit the assessee to comply with that requirement within a period which is not ..... below. it is not disputed that in the instant case the assessee has filed the return of income on 8-5-2001 in response to notice under section 148 of the income tax act dated 23-4-2001, it is also not disputed that the notice under section 143(2) was issued on 16-9-2002. it means that this notice under section .....

Tech Books Electronics Services Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)100ITD125(Delhi)

..... the firm was also granted approval by stpi under the provisions of section 14 of the industries (development & regulation) act, 1951, to enable it to avail the benefits under sections 10a and 10b of the income-tax act, 1961. 4.3 the eou owned by m/s. pinnacle exports was formed in 1993. it started its activities from the ..... , it would be entitled to avail deduction/exemption in respect of profits derived from export activities until assessment year 2003-04 under section 10b of the income-tax act. it was explained that conversion from firm to company was a mere change in the ownership of an undertaking and change in the ownership cannot be regarded ..... assessment year 2000-01, we allow the claim of assessee for exemption under section 10b of the income-tax act. grounds stand allowed accordingly. that the commissioner of income-tax (appeals) erred on facts and law in reducing the interest income of rs. 955 received on account of deposits with bank for the purposes of computation of deduction .....

Minda (Huf) Ltd. Vs. Joint Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)285ITR88(Delhi)

..... any recovery proceedings, the assessee discharges the onus and would be entitled to claim deduction of the bad debt under clause (vii) of section 36(1) of the income-tax act, 1961.7.8 the issue has also been considered by hon'ble calcutta high court in the case of a.w figgis & co. (p.) ltd. v ..... the vendors neither supplied the material nor returned the money. the assessing officer rejected the version of the assessee on the ground that this amount was never considered as income of the assessee in any of the assessment year.according to him, the conditions under section 36(2)(i) were, therefore, not satisfied.4.1 the assessing officer ..... challenge the sustenance of disallowance of rs. 6,07,045 made by the assessing officer on account of doubtful debts/advances written off.4. the assessee-company was deriving income from the business of manufacturing of automobile locks and lock switches. during assessment proceedings the assessing officer found that the assessee had debited a sum of rs. 16,25 .....

Jindal Steel and Power Ltd. Vs. Addl. Cit, Hissar Range

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the object behind the legislation and held that the provisions of section 205 quoted hereinabove stand bodily lifted and incorporated into the body of section 115j of the income tax act, all that we have to do is to read the provisions plainly and apply the rules of interpretation if any ambiguity survives. section 205(1), proviso ..... not the sufficiency of the reasons for the belief. again the expression "reason to believe" in section 34 of the income tax act does not mean a purely subjective satisfaction on the part of the income tax officer. the belief must be held in good faith it cannot be merely a pretence." honble supreme court have elucidated ..... of computation of book profit within the meaning of the provisions of section 115j, the assessing officer under the income tax act has to accept the authenticity of accounts with reference to the provisions of companies act as certified by the statutory auditors. the honble supreme court have stated the legal position in the following words-- .....