Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: income tax appellate tribunal itat delhi Page 94 of about 1,960 results (0.403 seconds)

A.D. Mehndroo Vs. Assessing Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)52ITD138(Delhi)

..... hearing stated that he was under instructions only to press the ground pertaining to the claim for deduction under section 80c(2)(h)(ii)(b) of the income-tax act, 1961 and the other grounds of appeals were being withdrawn. the subsequent discussion disposes of the main issue which has been argued by the parties before the tribunal.3 ..... the flat the same was allowable as a deduction, under section 80c (2) (h)(ii)(b) of the income-tax act, 1961.7. the learned d.r. on the other hand strongly supported the orders passed by the tax authorities contending in the process that no deduction was allowable till the completion of construction and handing over of the ..... the purposes of purchase or construction of a residential house property, the construction of which is completed after the 31st day of march, 1987 and the income from which is chargeable to tax under the head 'income from house property' (or which would, if it had not been used for the assessee's own residence have been chargeable to .....

Unitika Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)52ITD249(Delhi)

..... connection, he referred to article iii (i), x(e), x(f), x(k), section 1 l5a(b) of income-tax act and held that royalty would be taxed at the rate of 20% whereas fees for technical services would be taxed at the rate of 40%. he rejected the contention of the assessee relating to non-taxability of receipt. he further rejected ..... would apply for determining the taxability of the amount remitted. in view of clear provision of section 90 of the income-tax act, as also circular no. 333 dated 2-4-1982 of cbdt there can be no doubt that income of the assessee is to be computed with reference to dtaa between government of india and government of japan. ..... applicable to "royalty" or "technical services fees" under section 1 isa of the income-tax act was not applicable. she accordingly subjected the entire sum, i.e., rs. 13,95,638 to tax without specifying any head.4. the assessee carried the matter in appeal before the cit(a) and drew his attention to the terms and conditions of agreement. the assessee .....

Rajender Kumar Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)53ITD130(Delhi)

..... and residential premises of the assessee, his brother surendra kumar and his sister-in-law smt. poonam mittal were subjected to search operation under section 132 of the income-tax act on 4-12-1989. ajoint panchnama in the name of assessee and mrs. poonam mittal was prepared in respect of cash, gold ornaments and silver assets found at ..... mittal and shyam kumari and pointed out that no reference to the alleged will was made in their statements. only in proceedings under section 132(5) of the income-tax act, the will was set up for the first time. the alleged original will was never produced and only a copy notarised by a notary public was produced. the ..... articles were not seized from the persons of the assessee but from different persons occupying the seized premises. shri garg further relied upon orders passed by cit under section 132(11) of the income-tax act in the case of smt. shyam kumari and smt. kamlesh kumari who were shown as legaties under the same will.the claim was duly accepted .....

Indian Maize and Chemicals Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)56ITD518(Delhi)

..... ) upholding the order dated 23-3-1994 of the assessing officer passed under section 154 of the income-tax act, 1961.2. the relevant facts are that the assessee-company in its return filed on 31 -12-1991 returned a loss of rs. 18,54,52,160. the return was accompanied ..... passed and what the ao had done is only to rectify it. his jurisdiction to amend the same is drawn from section 154(1)(&) of the act. the plea that he did not charge additional tax in the intimation dated 24-7-1992 and had charged the same in his order under appeal, for which no show-cause notice was issued is ..... rs. 70,40,379 from the loss as per revised return of loss i.e., rs. 6,52,52,551 and charged additional tax under section 143(1a) of the act.3. the assessee went in appeal before the learned cit (appeals) when it was submitted that the rectification carried out by the ao amending his order under section 143(1)(a) was .....

income-tax Officer Vs. Smt. Adarsh Kaur

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1982)2ITD312(Delhi)

..... the proceedings for reassessment have to be annulled on that account 3. whether the proceedings started by the ito in pursuance to the notice under section 148 of the income-tax act. 1961 issued with the approval of the commissioner were pending on 12-12-1973, when file ito sought approval of the cbdt for reopening the assessment under section 148 2 ..... assessment was made on a total income of rs. 1,11,867. in the assessment year 1959-60, the ex parte ..... assessment in the assessment year 1957-58 was reopened as the assess had not disclosed any income. the assessee, however, did not file a return. the ito accordingly made and ex parte assessment under section 144 of the income-tax act, 1961 ('the act') on a total income of rs. 2,17,138.3. in the assessment year 1958-59 a similar ex parte .....

Indian Delco (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)59ITD268(Delhi)

..... provided for any deeming fiction in section 80hhc and wherever it wanted it has done so, such as, sections 69a, 69b, 69c, 69d and various sections of the income-tax act, 1961. in the absence of a deeming fiction in section 80hhc support cannot be derived from the policy which treats supplies to unicef as "deemed exports".17. the argument of ..... ) whereby the first appellate authority has confirmed the action of the assessing officer in rejecting the claim of the appellant under section 80hhc of the income-tax act, 1961.2. to set out the relevant and brief facts of the case, the appellant in this case is a pvt. ltd. company engaged in the business of ..... and paid for in free foreign exchange is included in the definitions of "deemed export", however, there is not concept of "deemed export" as far as income-tax act or section 80hhc of income-tax act is concerned.secondly, as is apparent from the extracts of the policy (as filed by the assessee itself), the object of the policy is to provide to .....

Ram Charan Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)58ITD131(Delhi)

..... of the matter were possible, ito was not legally correct in disallowing deduction under section 80l in prima facie adjustments under section 143 (1)(a) of the income-tax act. it was a controversial matter. his order was without jurisdiction and liable to be rectified. the learned d. r. opposed above submissions.6. on careful consideration ..... the controversy was limited to the point whether disallowance under section 80l could be made while making prima facie adjustment under section 143 (1)(a) of income-tax act. the learned cit (a) held that assessee never made any deposit with state housing authority to earn interest which was paid to the assessee as a measure of compensation. ..... it was held that section 80l was not applicable as interest was not allowed on any deposit envisaged under section 80l of the income-tax act.4. the assessees went in appeal before cit (a). the learned cit (a) discussed the issue in the case of shri om prakash for the assessment year 1991-92. he took into account .....

Surtax Officer Vs. Mehrae-di-hatti [P.] Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1982)1ITD362(Delhi)

..... 217 of the income-tax act; c. imposssition of penalty under the prvsions of the income-tax act, the wealth-tax act, etc., except under section 221 of the income tax act or the corresponding provisions of any other act; and d. prosecution under the provisions of any of the said acts, that is, the indian income-tax act, 1922, or the income-tax act, 1961, the excess profits tax act, 1940, the business profits tax act, 1947, the super profits tax act, 1963, or the ..... companies (profits) surtax act, 1964.the explanation to .....

R.S. Avtar Singh and Co. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... ganga metal refining co. (p.) ltd.'s case (supra) was rendered under 1922 act when, on other hand, the claim of the assessee is permissible under section 70 of the income-tax claim of the assessee is permissible under section 70 of the income-tax act, 1961 and this is not the point in dispute either as is apparent from the notice ..... given by the learned cit under section 263.10. learned representatives of the parties are heard and relevant ..... also been gone through.10.1 as the department cannot of in appeal against order of assessment framed by the assessing officer, section 263 of the income-tax act arms the cit with the powers to revise an order of assessment which is erroneous insofar as it is prejudicial to the interest of the revenue.therefore, what is .....

income-tax Officer Vs. Narender Kumar Bharti

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1997)60ITD549(Delhi)

..... penalty under section 271(1)(a) may not be a ground for waiver of interest under section 139(8) of income-tax act. in fact the question involved before us somewhat different and that question is whether on facts, the learned cit (appeals) was justified in directing the assessing officer to treat assessee's application under section 154 as an application ..... moved an application under section 154 stating, inter alia that due to search, he could not file the return in time also could not pay advance tax as he was not aware of quantum of share income from the firm. it was prayed that interest charged be waived.the assessing officer rejected this petition.5. on appeal, the learned ..... assessing officer need not issued show cause to assessee before levying interest under sections 139(8) and 217 of i.t. act. the learned d.r. relied upon decision of patna high court in the case of cit v. bishwanath tulsyan [1996] 220 itr 178. she further railed upon decision of karnataka high court in the case of .....