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Deputy Commissioner of Income Tax Vs. Delhi Iron and Steel Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)85TTJ(Delhi)103

..... received by the assessee, and (ii) which is included in the gross total income. thus, the income entitled for deduction under section 80-i has to be derived from the new industrial undertaking and has to be computed in accordance with the provisions of the it act, 1961 as an independent unit. thereafter in order to get deduction, it has to ..... has erred on facts and in law in directing to allow enhanced deduction under section 80-ia of the it act, 1961 at rs. 47,59,806, whereas the ao restricted the deduction at rs. 22,33,156. 2. learned cit(a) is not justified in directing that the deduction under section 80-ia is admissible with regard to the ..... taken into consideration by the ao was also relied upon. in the ultimate analysis, reliance was placed upon the assessment order. however, the decisions relied upon by the cit(a) were not distinguished.8. the learned authorised representative, on the other hand, apart from relying upon the impugned order addressed the background of the case, referred .....

Commissioner of Income-tax Vs. Pratap Singh

Court : Delhi

Reported in : [1982]138ITR27(Delhi)

..... view of the amendment to section 275 brought by act 42 of 1970 with effect from 1-4-1971?'(2) the questions referred to us arise out of the ..... have been referred to this court under section 256 of the income-tax act, 1961. they read as follows : '1. whether on the facts and in the circumstances of the case, the tribunal was legally right in cancelling the penalty of rs. 3,521 levied u/s. 273 of the income-tax act, 1961 ? 2. is not the tribunal's order vitiated in ..... not take within its purview an assessment made under section 147 of the act shri jain relied on the following decisions : gates foam & rubber co. v. commissioner of income tax : [1973]90itr422(ker) , commissioner of income tax v. ram chandra singh : [1976]104itr77(patna) , smt. kamla vati v. commissioner of income tax and trustees of h.e.h. nizam's religious endowment trust v. .....

M/S. Inter Craft Ltd. Vs.commissioner of Income Tax-Iii and Ors.

Court : Delhi

..... the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified hereunder, namely:-"(a) where the tax arrear is payable under the income-tax act, 1961 (43 of 1961),- (i) in the case of a declarant, being a company or a firm, at the rate of thirty-five per cent. of the disputed ..... interest payable or penalty levied, at the rate of fifty per cent of the tax arrear; (v) where the tax arrear includes the tax, interest or penalty determined in any assessment on the basis of search and seizure proceedings under section 132 or section 132a of the income-tax act, 1961 (43 of 1961)- (a) in the case of a declarant, being a company or a ..... firm, at the rate of forty-five per cent of the disputed income; (b) in the case of a declarant, being a person other than a company .....

Khaitan and Co. Vs. Cit (A)

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of section 194c, therefore, no fault can be found in the order of the lower authorities for applying the provisions of section 201 and 201a of the income tax act, 1961.7. we have considered the rival contentions, carefully gone through the orders of the authorities below and entire material placed on record.we have also deliberated on ..... the assessee does not attract the provisions of section 194c and accordingly lower authorities were not justified in invoking the provisions of section 201 and 201a of the income tax act, 1961.6. on the other hand, learned sr. dr shri ra gupta contended that under the provisions of section 194c, any person responsible for paying any ..... any labour for carrying out any work and the services so provided by them were not also covered by the explanation iii to section 194c(2) of the income tax act, 1961, but ksl was only extending certain services and facilities in the nature of bureau and office services like office space, computers, fax, vehicles etc. which did .....

Nath Trader's (India) Vs. Regional Provident Fund Commissioner and Ors ...

Court : Delhi

Reported in : 2008(101)DRJ521

..... nath oil company and nath traders dealing in two separate commodities, namely, kerosene oil and lpg. they are also separately assessed both for the sales tax and the income tax purposes. but apart from the said distinctive features, there are much commonality between the two establishments, which are already stated hereinbefore. 10. the regional ..... v. regional provident fund commissioner reported in : (1986)illj155sc it was held by the supreme court that the employees' provident fund and miscellaneous provisions act is a beneficent piece of social welfare legislation aimed at promoting and securing the well being of the employees and the court will not adopt a ..... stood expired long before. he held that the combined employees strength of the two establishments was more than the required strength for applicability of the act and since there was functional integrity between the two firms, unity of ownership, inter-transfer of employees and geographical proximity and also unity of management .....

In the Matter Of: National Conduits (P) Ltd. Vs. the Official Liquidat ...

Court : Delhi

Reported in : [1974]44CompCas219(Delhi); ILR1974Delhi535; [1974]94ITR378(Delhi)

..... salary of the director in question, shri arora, was rs. 36.000.00 annually and the deductions which should have been made under section 192 of the income tax act, 1961, amounted to rs. 44,000.00, which should have been deposited in the treasury. having not made the deposit, the company was an assessed in default ..... bombay and another, : [1972]83itr685(sc) where it was observed that the provisions of the section 446 of the income tax act, 1961, did not debar the income tax department from taking re-assessment proceedings, but the realisation of tax determined had to be made in the same manner as any other debt of the company. i had thought at ..... leave of the court was granted under section 446(1) of the present act, the income-tax authorities could not proceed to follow the proccedure laid down in the income-tax act, 1961. this being the position, section 536(2) of the present act does not entitle the income-tax authorities to effect a sale or attachment unless leave is granted under section .....

Geeta Gupta Vs. Asstt. Commissioner of Income Tax and ors.

Court : Delhi

Reported in : 1987(12)DRJ92; 1987RLR36

..... j. (1) a complaint was filed by the inspecting assistant commissioner of income-tax (assessment) range xiv, new delhi against the present petitioner dr. (mrs.) geeta gupta and her accountant atma singh under sections 276-c/277/278 of income-tax act, 1961 (in short the act) read with sections 193/196 indian penal code in respect of the assessment year ..... 1980-81 on the allegations that dr. geeta gupta was guilty of making willful attempt to evade tax, and also of making a statement in verification under the act and of delivering an ..... the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or imposable under the indian income-tax act, 1922 or under this act, has been established or is likely to be established by any income-tax authority, in relation to the case: c where the settlement commission is not satisfied .....

District Excise Officer Vs. Income Tax Officer

Court : Delhi

Reported in : (2001)68TTJ(Del)436

..... 8 informed the deo that 'if you intend to appeal against the assessment, etc. you may present an appeal under part-a of chapter xx of the income tax act, 1961 to the commissioner (appeals), muzaffarnagar,' after such direction the revenue cannot plead that it is not an appeal able order and contradict itself to resist the appeal ..... level of the tribunal and his action, as such, is confirmed. all the appeals in this case are dismissed.reference under s. 255(4) of the income tax act, 1961 26-3-1999since in the above captioned appeals we have difference of opinion on the following point, the matter is submitted to the hon'ble president for ..... a matter of substantive right. it is most valuable right and no doubt that deprivation of that right is not to be lightly assumed. sec. 246 of income tax act, 1961 specifically enumerates in great detail the orders which are appeal able to the first appellate authority but the said authority, thereforee, cannot have jurisdiction to entertain appeals .....

Commissioner of Income Tax (Central)-I Vs. Chetan Gupta

Court : Delhi

..... assessee and therefore, the reassessment proceedings were held to be bad in law. 30. in dina nath v. commissioner of income-tax [1994] 72 taxman 174 (j and k) the notice under section 143 (2) of the 1961 act was served upon one s, who was neither a member of the family of the assessee nor his duly authorized agent. ..... has been service. the legal position therefore, even under the 1961 act, is that service of notice under section 148 is a jurisdictional requirement for completing the re-assessment. this has been emphasized in several other decisions of the high courts as well. 28. in c.n. nataraj v. fifth income-tax officer (1965) 56 itr 250 (mys), the high ..... shown to be invalid then the proceedings taken by the income- tax officer without a notice or in pursuance of an invalid notice would be illegal and void. ? 26. this was also the basis for the decision in banarasi debi v. itr (1964) 53 itr 100. however, under the 1961 act the procedural requirement has been spread over three sections, .....

Dr. K. Jagadeesan Vs. Central Board of Direct Taxes and ors.

Court : Delhi

Reported in : (1998)150CTR(Del)379

..... due to be filed on 31-7-1985. the same was filed on 29-3-1988. a complaint under section 276cc of the income tax act, 1961, was filed before the acmm, eo(i), madras. vide judgment dated 19-4-1996, the petitioner was held guilty of the offence charged and sentenced to ..... petitioner moved a petition dated 2-7-1996 (annexure p-1), before the central board of direct taxes, new delhi, making a prayer 'that the chairman may be pleased to compound the alleged offence under section 276cc of the income tax act, 1961, at whatever reasonable amount the chairman deems fit.' as already stated the prayer has been rejected and the ..... rejection communicated to the petitioner by the central board of direct taxes, delhi, through the commissioner of income tax, madras.4. the relief sought for in the petition is .....