Judgment Search Results Home > Cases Phrase: income tax act 1961 section 80rrb deduction in respect of royalty on patents Court: income tax appellate tribunal itat allahabad

Shyam Biri Works (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2003)84ITD124(All.)

..... law and on facts in setting aside the order passed under section 263 as under: 3. the assessee has been allowed deduction under sections 80hh and 80hha of the income-tax act, 1961 amounting to rs. 38,371 and rs. 7,417 which is not allowable to it.4. for assessment year 1989-90, the different grounds of appeal are as ..... of the learned d.r.the same are rejected.59. we are constrained to note, though at the cost of repetition, that cit(c) has issued show-cause notice under section 263 of the income-tax act, 1961 mainly relying upon the order under section 132(5) and that the assessing officer accepted the revised return without properly examining the seized ..... which we do not find mention in the order under section 263 of the income-tax act, 1961. the ld. d.r., however, argued that there was no requirement of issue of show-cause notice under section 263 of the income-tax act, 1961 before passing of the order by the cit. however only the opportunity of being heard should be given to the assessee. .....

Vishwanath Prasad Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2003)86ITD516(All.)

..... which are as under:-- 1. because the block assessment order dated 27-11-1997 as has been made under the provisions of chapter xiv-b of the income-tax act, 1961, is wholly illegal, as (i) no valid search or seizure operations can be said to have been carried out against the appellant assessee which is pre ..... made in the statement at the time of survey was wrong and in fact there was no additional income. the it at, ahmedabad bench in mrs. sushila devi s. agrawal (suprd) has held:-- section 132 of the income-tax act, 1961 - searches and seizures -whether where assessee has retracted from statement given on search day, assessing officer ..... is justified in drawing adverse inference - held, no.28. the income-tax appellate tribunal, delhi bench in the case of ashok kumar agrawal (suprd) has held .....

Sri Gopal Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1988)26ITD25(All.)

..... is allowable as deduction. in view of the difference of opinion, the matter was referred to the president under section 255(4) of the income-tax act, 1961. the president of the income-tax appellate tribunal nominated the third member, who vide his, order dated 15-1-1988 held that the transactions with the five parties are genuine ..... of the parties themselves. each one of them has admitted to have entered into the transactions with the assessee. in their respective statements recorded by the income-tax officer, the parties had given details of the transactions. the profit had been credited to the running accounts of the parties maintained in the books of ..... genuineness of the transaction as also absence of any evidence against it. the department has acted on mere suspicion without reference to any legal material or evidence. it is settled principle of law that the income-tax officer must not act on suspicion or conjecture or pure guess without reference to any material or evidence. reference .....

Assistant Commissioner of Vs. U.P. National Manufacturers Ltd.

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2001)76ITD272(All.)

..... section 201(1). thus if an assessee is in default or deemed to be in default then the recovery of the tax due may be made as per the procedure laid down under the provisions of the income-tax act, 1961 unless prohibited the recovery of government dues can also be made by another mode or procedure under any other enactment or ..... statute." 21. so far as the point relating to the payment of advance tax by the three companies is concerned, this plea perhaps has been ..... argued that in view of the mandatory provisions of section 194h, the acit(tds) was fully justified in levying the interest under section 201(1a) of the income-tax act and that the 1d. cit(a) has committed a legal error in cancelling the levy of interest. in support of his contention, the 1d. d.r. has made reference to the .....

Assistant Commissioner of Vs. U. P. National Manufacturers Ltd

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... section 201(1). thus if an assessee is in default or deemed to be in default then the recovery of the tax due may be made as per the procedure laid down under the provisions of the income-tax act, 1961 unless prohibited the recovery of government dues can also be made by another mode or procedure under any other enactment or ..... statute." 23. so far as the point relating to the payment of advance tax by the three companies is concerned, this plea perhaps has been ..... argued that in view of the mandatory provisions of section 194h, the acit(tds) was fully justified in levying the interest under section 201(1a) of the income-tax act and that the ld. cit(a) has committed a legal error in cancelling the levy of interest. in support of his contention, the ld. dr. has made reference to the following .....

Sahara India Mutual Benefit Co. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... liability claimed by you towards interest payable on such deposits was contingent and unascertained and, therefore, not allowable under the provisions of it act, 1961. the assessment order passed under section 144 for asst. yr. 1994-95 by the asstt. cit, cc-1, lucknow, is therefore, erroneous and prejudicial to the interest of revenue. i, therefore, propose to invoke provisions ..... in the name of m/s remex constructions and of electrical installations in the name of m/s remex electrical. the petitioner firm was assessed for the purpose of income-tax filed returns for the asst, yrs. 1972-73, 1973-74 and 1974-75 along with copies of the p&l a/cs and balance sheets. the 1st ..... surmises in the absence of any enquiry having been made by him." "in the income-tax assessments, all questions boil down to this, whether income has been properly determined and whether the correct rate of tax has been applied. the cit does not say that the income was higher or that it was assessed on a wrong entity or at a .....

M.P. Udyog Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1989)28ITD85(All.)

..... it to the government.the case will now go back to the bench, which originally heard the appeal for being disposed of in accordance with the provisions of the income-tax act, 1961.1. the appeal by the assessee and the cross objection by the department are taken up together and are disposed of by a common order for the sake of ..... allowed.1. i regret my inability to agree with my learned brother with regard to the conclusion as to the applicability of section 41(1) of the income-tax act, 1961 (hereinafter referred to as the act). as such i record briefly my reasons for differing with my learned brother on this point. i may, however, mention that i agree with his conclusions ..... on the facts and in the circumstances of the case, the assessee was allowed a deduction within the meaning of section 41(1) of the income-tax act, 1961 in earlier years in respect of sales tax payable by it to the government 2. we refer the above matter to the president of the tribunal so that the matter can be decided by .....

India Polyfibres Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1997)60ITD433(All.)

..... , commercial production had started only in the year under consideration hence the assessee was entitled to the investment allowance. the ld. cit(a) referred to the provisions of section 32a of the income-tax act, 1961, to the effect that the investment allowance is admissible in respect of the previous year in which the machinery or plant is ..... has necessarily to be allowed in assessment year 1988-89, it may be mentioned that for the purpose of computing the yearly profits and losses under the income-tax act, each year is a separate self contained unit and, therefore, the deductions admissible for the period before the commencement or after the end of the previous ..... the present case, though the assessee had filed its return for the assessment year 1987-88, no claim was made for deduction under section 32a of the income-tax act. the deduction under section 32a is not an automatic statutory deduction and can be allowed only on fulfilling the requisite conditions. therefore, it was for the .....

Verma Roadways Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2000)75ITD183(All.)

..... sub-section (1) of section 37 of the indian income-tax act, 1922, or under sub-section (1) of section 131 of the income-tax act, 1961, 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 the income-tax act, 1961, is issued to verma transport co., lucknow banda transport ..... lucknow banda transport co., it stands established that there was no warrant of authorisation for conducting search, as stipulated under the provisions of section 132(1) of the income-tax act, 1961, in the case of the person styled as "m/s. verma roadways" and if it is so, then, all consequential actions, such as seizure, issuance ..... and be delivered in this office within 16 days of service of this notice, duly verified and signed in accordance with the provisions of section 140 of the income-tax act, 1961.65. referring to the above mentioned notice, the ld. counsel for the assessee, shri s. p. gupta, ld. senior advocate, submitted that the notice .....

The Acit, Range-ii Vs. Baldev Plaza

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2005)93ITD579(All.)

..... : 15.1 the mumbai bench of the i.t.a.t. in the matter of smt. saranga aggarwal, sot-307 (mumbai) held : "section 147 of the income-tax act, 1961-income escaping assessment- position prior to 1.4.1989-assessment year 1986-87-assessing officer made reference to d.v.o. subsequent to completion of assessment and reopened assessment on basis ..... march, 2000, assessment order under section 143(3) was passed for the assessment year 1997-98; (ix) on 24.1.2001, notice under section 148 of the income-tax act, 1961 was issued to the assessee for the assessment years 1990-91 to 1996-97.11. the ld. d.r. in the background of the above facts submitted that there were ..... investment was made. to known the cost of the construction, the case was referred to the departmental valuation officer, kanpur under section 131(1)(d) of the income-tax act, 1961 who after inspecting the complex on 21.3.1999 and after considering the objections of the assessee, submitted report to the ao. the d.v.o.estimated the cost .....