Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2001)78ITD381(JP.)
..... cit[1996] 225 itr 1002' at page 1003, had held as under: 'section 80hhc(1) of the income-tax act, 1961, entitles an assessee resident in india, engaged in the business of export of specified goods or merchandise, to a deduction of the profits derived out of such export in computing the total income. ..... " "only where it is evident from the return which is filed along with the documents in support thereof that a claim of the assessee is not admissible can an adjustment be made under clause (iii) of the first proviso to section 143(1)(a) of the income-tax act, 1961. ..... "in absence of any specific provision in the income-tax act which disallows a deduction because a specific document specified in that section is not annexed to the return, the income-tax officer cannot, under clause (iii) of the proviso to section 143(1)(a), disallow a claim or a deduction merely because, in his view, adequate evidence in support of such a claim or deduction is not before him. ..... 1,07,33,971 claim as exempt under section 80hhc as a prima facie adjustment under section 143(1)(a) of the income-tax-act. ..... 396, it was held as under:-- "the actual assessment by the income-tax officer was made only after the matter was remanded, the income-tax officer not having given fifteen days time under section 139(9) of the act to cure the defect from the date of issue of notice to that effect, the petitioner" was denied his valuable right and any order passed within fifteen days from the date of issue of notice was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2001)69TTJ(JP.)399
..... held as under "section 80hhc(i) of the income tax act, 1961, entitles an assessee resident in india, engaged in the business of export of specified goods or merchandise, to a deduction of the profits derived out of such export in computing the total income. ..... 1990, rejecting a reference application on the question whether the commissioner was not right in revising the assessment under section 263 of the income tax act, 1961, where the officer had accepted the unsigned and unverified return filed by the assessee and passed an assessment order on that basis, and whether the assessee should have been given an opportunity under section 139(9) to remove the defects.in cit v. ..... submitted that at the inner page of the return deputy commissioner, special range, cuttack has stamped, which read : "processed under section 143(1)(a) of the income tax act, 1961, on a total income/loss of rs 1,59,029. ..... where it is evident from the return which is filed along with the documents in support thereof that a claim of the assessee is not admissible can an adjustment be made under clause (iii) of the first proviso to section 143(1)(a) of the income tax act, 1961. ..... 1,07,33,971 claim as exempt under section 80hhc as a prima facie adjustment under section 143(1)(a) of the income tax act, at any rate, the audit report under section 80hhc(4) could also be filed later on, which was filed along with the application under section 154 of the income tax act before the assessing officer as permitted by the cbdt vide .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1999)69ITD115(JP.)
..... in determining the liability of a non-resident company, if there is any agreement for avoidance of double taxation entered under section 90 of the income-tax act, 1961, the said agreement must prevail over the provisions of income-tax act, otherwise, there was no point in entering into any agreement for avoidance of double taxation. ..... convention between the government of the republic of india and the government of the republic of italy for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income has entered into force on 23rd november, 1995 after the exchange of instruments of ratification by the contracting states in accordance with paragraph 1 of article 30 of the said convention; now, therefore, in exercise of the powers conferred by section 90 of the income-tax act, 1961 (43 of 1961), the central government hereby directs that all ..... kharwar's case (supra) and pandit lakshmikanta jha's case (supra).2.6 in reply it was claimed by the learned counsel of the assessee that the amount paid can be treated as royalty under section 9(1)(vi) of the income-tax act but these provisions are overridden by section 90 under which the government of india entered into double taxation avoidance agreement with the government of italy and the payments made are, therefore, governed by the provisions of the dtaa. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1993)45ITD634(JP.)
..... but in the case of a person to whom the provisions of income-tax act, 1961 were applicable, particularly between 1972-1974, winnings from sikkim lottery were assessable as per provisions of section 80tt of the act (inserted w.e.f. ..... (1) subject to the provisions of this act, the total income of any previous year of a person who is a resident includes all income from whatever source derived which - (a) is received or is deemed to be received in india in such year by or on behalf of such person ; or (b) accrues or arises or is deemed to accrue or arise to him in india during such year; or provided that, in the case of a person not ordinarily resident in india within the meaning of sub-section (6) of section 6, the income which accrues or arises to him outside india shall not be so included unless it is derived from a business controlled in or a profession ..... it was submitted that the assessee herein was a resident and ordinarily resident of india and the provisions of section 5 of the act were applicable to him. ..... in the application of those provisions of the constitution it shall have to be kept in mind that what is under consideration is inclusion of such income to the total income as is being received in india by a resident and ordinarily resident of india at a place outside the territories comprising state of sikkim and to whom the sikkim regulation of 1948 and the notifications issued thereunder were not applicable. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2006)100TTJ(JP.)1080
..... section 80hhd of the it act, 1961, reads : where an assessee, being an indian company or a person (other than a company) resident in india is engaged in the business of a hotel or of tour operator, approved by the prescribed authority in this behalf or of a travel agent, there shall in accordance with and subject to the provisions of this section, be allowed in computing the total income of the assessee, a deduction of sum equal to the aggregate of-- (a) 50 per cent, of the profits derived by him from the services provided to foreign tourists, and (b) so much of the ..... 36,59,103 made by the assessee for deduction under section 80hhd as it was not in accordance with clause (b) of sub-section (5) of section 80hhd which reads that it is not utilized in manner as specified in sub-section (4) of section 80hhd of the it act, 1961, and be charged to tax accordingly. ..... 36,59,103 made by the ao on account of preemptive utilization of reserve as chargeable to tax under section 80hhd(5) of the it act, 1961.in ground no. ..... me and have also referred the remand report and have found that the contention raised by the learned counsel is having force that out of the reserve created under section 80hhd if, any amount is to be put to tax then the same is governed by the provisions of section 80hhd(5) and that section does not provide charging of the amount which was utilized even during the same year in which the amount was credited to the reserve account. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1985)11ITD564(JP.)
..... ito felt that the provisions of section 44c of the income-tax act, 1961 ('the act') would be applicable. ..... (3) of article iii clearly provides that whatever is reasonably allocable out of the expenditure incurred in both the countries, should be allocated and allowed as a deduction, we consider this as a very specific provision in computing the income of a non-resident having activities in india and france. ..... since the proceedings are on the assumption that the assessee-company has a permanent establishment in india, then, as per this clause, the expenses incurred in head office, although incurred in france, would be allowable if they are reasonably ..... is no dispute that the assessee, being a company incorporated in france, is assessable on this income in france also.there is also no dispute that since the work is done in india, a part of the income accrues in india and is assessable in india. ..... assessee is a non-resident company incorporated in france ..... permanent establishment, there shall be allowed as deductions all expenses, wherever incurred, reasonably allocable to such permanent establishment, including executive and general administrative expenses so allocable.as per the above clause, expenses incurred, whether in france or in india, which are reasonably allocable to the permanent establishment in india would be allowable. ..... raised by the department turns on the interpretation of a provision in the agreement for avoidance of double taxation between india and france ('the agreement'). .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1984)10ITD558(JP.)
..... . the only difference between the concession given under the income-tax act and that given under the wealth-tax was that, whereas under the income-tax act, income of two palaces, which were declared as the official residences of the former rulers, was exempt from tax, under the wealth-tax act only one of the two official residences, at the choice of the ex-ruler, was exempted.it was in this context that the deputy secretary to the government of india, ministry of home affairs, sri v ..... the question of exemption with regard to palaces, corresponding to the concession given to the rulers under the income-tax act, 1961, referred to above, came up for consideration before the government of india. ..... . agarwal, raised, preliminary objection that the above reference of the aforesaid additional questions was invalid in the eyes of law, in terms of section 255(4) of the income-tax act read withsection 24(ii) of the wealth-tax act, inasmuch as the third member to whom a case has been referred on difference of opinion between the learned members originally hearing the case could not formulate a new point as was done in the present case ..... . coming to the requisitioning order dated 16/20-9-1976 issued by the collector, kota, under section 23(1) of the defence and internal security of india act, 1961, i find that the collector has requisitioned the land surrounding umed bhavan palace building and the cluster of buildings of umed bhavan palace .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1995)52ITD367(JP.)
..... here for better understanding of the different situations : section 90: (1) the central government may enter into an agreement with the government of any country outside india- (a) for the granting of relief in respect of income on which have been paid both income-tax under this act and income-tax in that country, or (b) for the avoidance of double taxation of income under this act and under the corresponding law in force in that country, or(c) ** ** **(d) ** ** ** (1) if any person who is resident in india in any previous year proves that, in respect of his ..... income which accrued or arose during that previous year outside india (and which is not deemed to accrue or arise in india), he has paid in any country with which there is no agreement under section 90 for the relief or avoidance of double taxation, income-tax ..... the central government of india had entered into an agreement with the libyan government for the avoidance of double taxation of income under the income-tax act, 1961 ('the act') and under the corresponding law in force in that country. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2001)73TTJ(JP.)585
..... section 69 of the income tax act, 1961.briefly the facts are that a search was carried out at the business premises of the appellant firm and its sister-concern and residence ..... by the assessee were found.the assessing officer was of the view that the assessee was investing its undisclosed income and not declaring the same to the department and hence addition has been made by applying section 69 of income tax act, 1961. ..... income under section 69 of the act for deeming undisclosed income for the block period of the assessee under the provisions of chapter xiv-b of the income tax act ..... submissions and synopsis filed and placed on record.on the other hand, the learned departmental representative contends that the assessee filed a block return declaring nil income and incriminating documents were found from the residence of the partner shri mahendra kumar, who has made an admission that the papers related to the appellant firm and m/s sogani jewellers but he failed ..... that the department has not been in a position to find out any substantive income nor any investment before attracting provisions of section 69 of the act and the amount of peak credit of rs. ..... 72.88 lacs included as undisclosed income of the block period from 1-4-1987 to 28-9-1997, are loans and borrowings but not the investment assessable under section 69 of the act.during the course of search loose papers found from the residential premises of shri mahendra kumar jain and inventorised as annexure a-2, exhibits 1 to 46 have been .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1991)38ITD122(JP.)
..... question involved in this appeal relates to the exemption from capital gains claimed by the assessee under section 54f of the income-tax act, 1961. ..... however, the reply dated 25-3-1986 of the assessee was that the assessee constructed the house which was meant for the residence of the assessee; that it was not let out to any one; that the assessee had constructed it for the purpose of his residence and the swimming pool was part and parcel of the residential house and the assessee did not have any other residential ..... is in appeal against the order dated 7-8-1987 of the learned commissioner of income-tax (appeals), jodhpur for the assessment year 1983-84.2. ..... to this finding, we have duly taken into consideration the decisions cited in the order of the income-tax officer as well as the learned commissioner (appeals). ..... the assessment order shows that the income-tax officer had gone through the purchase ..... the report dated 10-3-1986 of income-tax inspector was that this was a farm house consisting of a big swimming pool, a room, latrine and ..... other words, residential house is a building used as a place of abode in which people reside or dwell in contra-distinction to one which is used for commercial or business purposes. ..... conclusion drawn by the inspector was that this 'farm house' was not used by the assessee or any other persons for his residence and that all the members of the family were residing in the house situated in the city bazar no. 2. ..... is enough if it was a house for residence. .....
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