Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2000)(120)ELT463TriDel
..... he submits that the hon'ble delhi high court held that what is not permitted by the statute having deliberately omitted to confer review jurisdiction on the tribunal, cannot be indirectly achieved by recourse to section 254(2) of income-tax act, 1961 corresponding to section 35c(2) of central excise act, 1944. ..... dr submitted that in the case of navin chander chhotelal relied upon by the applicants, the hon'ble supreme court had held that although section 129 of the customs act, 1962 does not expressly provide for rejection of the appeal for non-deposit of duty or penalty yet it makes it obligatory on an appellant to deposit the duty or penalty pending the appeal failing which, the appellate authority is ..... 67 that the income tax appellate tribunal is competent to rectify its order based upon a subsequent decision of the high court. 9. ..... income tax appellate tribunal reported in 1998 (102) e.l.t. ..... though the decision is under customs act but we observe that section 35f of the central excise act, 1944 is similar to section 129(1) of the customs act, 1962. ..... therefore, the ratio of the decision on section 129(1) of the customs act will be fully applicable in section 35f of central excise act, 1944. ..... he submits that this decision of the apex court is applicable to the facts of the present case in-as-much as section 35f of the central excise act use similar words as those used in section 129(1) of the customs act, 1962. .....
Tag this Judgment!Court : Delhi
..... all these facts clearly prove that the applicant society is existing not solely for philanthropic purposes but existing for purposes of profit also as against the spirit of the provisions of section 10(23c)(via) of the income tax act, 1961." 5. ..... it was also seen that in respect of grants, it claimed the benefit of accumulation or set apart for future use under section 11(2) of the income tax act, 1961. ..... however, on perusal of the return of income for the ay200910 it was seen that the petitioner had claimed income amounting to `19,85,337/- to be exempt u/s 10(23c)(vi) of the income tax act, 1961. ..... similarly, entities which have been approved or notified for claiming benefit of exemption under section 10(23c) of the income tax act would not be entitled to claim any benefit of exemption under other provisions of section 10 of the act; which means that one can claim exemption under section 11 and section 10 (23c).21. ..... 7147/2012 page 7 of 18 10(23c)(via) of the income tax act,1961. ..... the sections 11, 12, 12a, 12aa and 13 of the income tax act constitute a complete code governing the grant, cancellation or withdrawal of registration, providing exemption to income, and also the conditions subject to which a charitable trust or institution is required to function in order to be eligible for exemption ..... (c) 7147/2012 page 5 of 18 it is argued that the petitioner had claimed exemption under section 11 and therefore omitted to claim exemption under section 10 (23c) for ays 2007- 08 to 2009-10.8. .....
Tag this Judgment!Court : Delhi
..... the provisions of section 33c are in parimateria borrowed from section 241 of the income tax act 1961 (omitted by the finance act 2001, w.e.f. ..... the disclaimer recorded in fine print on the intimation reads as under:-" the refund determined u/s 143(1) in this intimation has been withheld as per the provisions of section 241a of income tax act, 1961. ..... learned counsel for the respondents has produced, before us, the relevant file which contains the proforma enlisting the reasons for issuance of notice under section 143(2) of the income tax act to the petitioner which, she states, were the reasons looked at by the assessing officer while putting up his proposal the principal commissioner of income-tax for withholding of the refund under section 241 a. ..... (c) 7003/2019 page 1 of 21 reasoned order under section 241a of the income tax act (hereinafter referred to as the act ). ..... in terms of section 194c of the income tax act, the customers of the... ..... by the device of issuing an instruction in purported exercise of its power under section 119 of the act, the cbdt cannot proceed to interpret or instruct the income tax department to 'prevent' the issue of refund.in the event that a notice is issued to the assessee under section 143 (2) of the act, it will be a matter the discretion of the concerned ao whether he should process the return. 25. ..... petitioner company filed a revised income tax return in terms of section 139(5) of it act to reduce the total tds amount from rs. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1985)14ITD450(Delhi)
..... , the exclusion was in the following terms : (i) any income chargeable under the income-tax act under the head 'capital gains' ; (ii) any compensation or other payment as is referred to in clause (ii) of section 28 of the income-tax act; (iv) any income referred to in sub-section (2) of section 41 of the income-tax act; (v) [omitted by the finance (no. ..... securities' derived from any security of the central government issued or declared to be income-tax free, or from any security of a state government issued income-tax free, the income-tax whereon is payable by the state government ; (vii) an amount equal to fifty per cent of the sum with reference to which a deduction is allowable to the company under the provisions of section 80g of the income-tax act ; (viii) income by way of dividends from an indian company or a company which has made ..... the prescribed arrangements for the declaration and payment of dividends within india ; (ix) income by way of royalties received from government or a local authority or any indian concern ; (x) in the case of a non-resident company ..... the chargeable profits the total income computed under the income-tax act, 1961 has to be adjusted and the following sums have to be excluded from such total income. .....
Tag this Judgment!Court : Delhi
..... seller, and the seller agrees to sell, convey, transfer and deliver to the acquirer, at closing, all its legal and beneficial ownership in the undertaking as a going concern on a slump sale basis (as defined under section 2(42c) of the income tax act, 1961), free and clear of all encumbrances, for a lump sum consideration equal to the purchase price, to be discharged in the manner set out hereunder. ..... with regard to the filing of the company petition before the company law board under section 397 and 398 of the companies act, it is submitted that the said petition was necessitated since the petitioner, despite request of the respondents was not willing to postpone/shelve the passing of accounts in the agm which was proposed to be held on 23rd ..... the petitioner has filed the present petition under section 9 of the arbitration and conciliation act, 1996 (hereinafter referred to as the "act") seeking interim measures of protection to restrain the respondents from breaching the non-compete obligations contained in the business transfer agreement dated 1st june, 2011 (hereinafter referred to as "business transfer agreement") between ..... there is no force in the submission of mr.sethi who argued that section 27 of the indian contract act, 1872 is attracted in the matter and referred to the decision in the case of superintendence company of india ..... the above, no injunction can be granted in view of section 41(e) of the said act as the contract between the parties is determinable and already .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2000)72ITD97(Delhi)
..... acit [1995] 211 itr 256/83 taxman 263, while considering the validity of the transfer order made under section 127 of the income-tax act, 1961, considered the meaning of the word 'case' and they held as per the head note at page 256 as follows : "in section 127 of the income-tax act, 1961, the word 'case' is used in a comprehensive sense for pending proceedings as well as for proceedings to be instituted ..... however, section 127 of the income-tax act, 1961, now enjoins an obligation to afford a reasonable opportunity of being heard to the assessee in the matter before transfer of case from one ito to the other ..... with effect from 1-7-1995, sub-section (1)(b) is introduced in the, tax act, 1961 to section 253, which is as follows : 253(1) any assessee aggrieved by any of the following orders may appeal to the appellate tribunal against such order - (b) an order passed by an assessing officer under clause (c) of section 158bc, in respect of search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132a, after the 30th day of june, 1995, but before the 1st day ..... assuming without admitting "'that some infirmity is there, it is curable under law, since the order of assessment passed under section 158bc is made appealable under section 253(1)(b) of the income-tax act in which the assessee is entitled to canvass all the points available to invalidate any part of the assessment and thus the defect, if any, existing previously would be .....
Tag this Judgment!Court : Delhi
..... (oral) these appeals by the revenue under section 260a of the income-tax act, 1961 ( act for short) in the case of indian farm forestry ..... 216-2017 page 3 of 12 income of assessee u/s 37 (1) of the income-tax act, 1961. 4. ..... infact in the nature of donation but not covered u/s 80g of the income-tax act, 1961. ..... , while examining the income tax bill, 1961, the legislature had rejected inclusion of the word necessarily in section 37 (1) of the act, agreeing with the ..... of income tax, (2003) 261 itr390(kerala), interpreting section 37 of the act it ..... had held that contributions made by the assessee to public welfare fund could be allowed as allowable expenditure under section 37 of the act where they were directly connected or related to the business of the assessee or had resulted in benefit to ..... reasons and grounds given by the commissioner of income tax (appeals) and the tribunal do not merit ..... for the removal of doubts, it is hereby declared that for the purposes of sub-section (1), any expenditure incurred by an assessee on the activities relating to corporate social responsibility referred to in section 135 of the companies act, 2013 (18 of 2013) shall not be deemed to be an expenditure incurred by the assessee for the purposes of the ..... notwithstanding section 80g of the act, this judgment holds that the expenditure would be allowable as a deduction when it has direct and immediate connection with the business and was laid out by the tax payer in his character as a trader and was incidental .....
Tag this Judgment!Court : Delhi
Reported in : (2000)67TTJ(Del)76
..... 19,04,570 towards interest charged illegally under section 234b, 234c and 220(2) of the income tax act, 1961.the entire actions and orders of the authorities below being mala fide and motivated by extraneous reasons not authorised by law and without being guided by any of the correct legal positions and the facts ..... against the income returned an order of assessment was passed under section 143(3) of the income tax act by the assessing officer enhancing the total income to rs. ..... authorities and the total non-application of mind by both of them on the facts and the law applicable, this tribunal may be pleased to grant unconditional stay of the collection and recovery of the disputed demands towards tax and interest and also so summon the records of the lower authorities besides granting early out of turn hearing of the appeal to resolve the controversy and to render effective justice to the appellant, which is most essential ..... 25,91,765 towards income-tax and balance rs. ..... income tax officer : [1973]87itr539(sc) and tissan joseph v. ..... income tax officer & anr. ..... or proof to substantiate the allegations made in the orders passed and in spite of their being no evidence and no proof whatsoever is alleged, the authorities below have vexatiously and in a mala fide manner resorted to an arbitrary enhancement of the income of the appellant imaginarily for extraneous reasons solely to cause hardship and harassment to the appellant. .....
Tag this Judgment!Court : Delhi
..... , jewellery or other valuable article or thing; (g) to convey such books of account, documents, money bullion, jewellery or other valuable article or thing to the office of the deputy commissioner of income-tax or any other authority not below the rank of income- tax officer employed in the execution of the income- tax act, 1961: and (h) to exercise all other powers and perform all other functions under section 132 of the income-tax act, 1961, and the rules relating thereto. ..... of information in his possession, has reason to believe that joint director or or (a) any person to whom a summons under sub-section (1) of section 37 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be produced, any books of account or other documents has omitted or failed to produce, or cause to be produced, such books of w.p. ..... omitted the portion which has been scored off in the warrant of authorization dated 27th june, 2014 issued by the additional director of income-tax ..... the authority must have possession on the basis of which a reasonable belief can be founded that information in (a) the person concerned has omitted or failed to produce books of account or other documents for production of which summons or notice had been issued or such person will not produce such books of account .....
Tag this Judgment!Court : Delhi
..... , jewellery or other valuable article or thing; (g) to convey such books of account, documents, money bullion, jewellery or other valuable article or thing to the office of the deputy commissioner of income-tax or any other authority not below the rank of income- tax officer employed in the execution of the income- tax act, 1961: and (h) to exercise all other powers and perform all other functions under section 132 of the income-tax act, 1961, and the rules relating thereto. ..... of information in his possession, has reason to believe that joint director or or (a) any person to whom a summons under sub-section (1) of section 37 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be produced, any books of account or other documents has omitted or failed to produce, or cause to be produced, such books of w.p. ..... omitted the portion which has been scored off in the warrant of authorization dated 27th june, 2014 issued by the additional director of income-tax ..... the authority must have possession on the basis of which a reasonable belief can be founded that information in (a) the person concerned has omitted or failed to produce books of account or other documents for production of which summons or notice had been issued or such person will not produce such books of account .....
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