Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Court: delhi Page 1 of about 2,086 results (0.175 seconds)

Leader Valves (P) Ltd. Vs. Assistant Commissioner of Income Tax.

Court : Delhi

Reported in : (1996)55TTJ(Del)532

..... the amount to the assessed without his having to make any claim in that behalf. proviso (a) and (b) were inserted by the direct tax laws (amendment) act, 1987, w.e.f., 1st april, 1989 which, inter alia, provides that where the assessment is annulled, the refund shall become due only of the amount, if ..... and its subsequent revision while an assessed who has paid the tax on the first assessment being made is not entitled to any such interest. the present provision amends this position and enables an assessed to get interest on the tax paid by him in pursuance of the original assessment after 31st march, 1975. if we review ..... ) has merely quashed the order passed by the authorities withholding the refund. it nowhere specifically contains any direction for payment of any interest under any of the provisions of the it act. the learned departmental representative also relied upon the judgments reported in cit vs . rohtak delhi transport p. ltd. , cit vs . ambala electric supply co. ltd. and cit .....

Jhalani Tools (India) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1999)69ITD273(Delhi)

..... case (supra), the cbdt had given justification for the levy of additional tax in the following words : "the new s. 143 as substituted by the amendment act, 1987, while dispensing with the necessity of passing assessment orders in all cases did not contain any different provision against filing of incorrect return to show lesser ..... deduction, allowance or relief claimed in the return, which on the basis of the information available in such return, accounts or documents, is prima facie inadmissible, shall be disallowed." 11.15. thus, it was submitted, with reference to the above even ..... ) aforesaid, adjustments to be made in the income/loss declared include : "(ii) any loss carried forward, deduction, allowance or relief, which on the basis of the information available in such return, accounts or documents is prima facie admissible, but which is not claimed in the return, shall be allowed. (iii) any loss carried forward, .....

Sushil Suri and ors. Vs. State and ors.

Court : Delhi

Reported in : [2008]303ITR86(Delhi)

..... served a notice on him under section 2(35)(b) and informed him of his intention to treat him as the principal officer of the company.the introduction of section 278b into the statute book w.e.f. 1st oct., 1975, by the taxation laws (amendment) act, 1975, does not alter or take away the mandatory requirement ..... of issuing notice as contemplated under section 2(35)(b) for an offence under section 276b. while inserting section 278b, no corresponding changes have been introduced either under section 2(35)(b) or under section 204(iii) of the it act, 1961. thus, ..... [1995]1scr456 , the supreme court, inter alia, pointed out the distinction and difference between a managing director and a director of a company. it observed:the companies act has, thereforee, drawn a distinction between a director and a managing director; the provisions in the case of the latter are more stringent as compared to that of .....

Super Cassetes Industries Ltd. Vs. Myspace Inc. and Another

Court : Delhi

..... the defendants by providing online space to the subscribers enabling them to share media online is acting as an intermediary within the meaning of section 79 of the information technology act (as amended in the year 2009) and the acts of the defendants are thus saved by the information technology act 2000 wherein its acts are without knowledge of the infringing nature of the communication. f) learned counsel further argued ..... that this court should interpret the provisions of the copyright act and information technology act harmoniously wherein the it act will come into play in the .....

Smt. Krishna Verma Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)107ITD1(Delhi)

..... a mistake or defect in the notice which is contrary to the mandatory provisions of the statute is curable under section 292b of the act.42. he submitted that section 292b was introduced by the taxation laws (amendment) act, 1975 and in para 47 of the explanatory notes vide circular no. 179, dt. 30th sept., 1975, (1976) 102 itr (st) ..... to call for a return from the assessee. other clauses empowered the ao to ask the assessee to produce or cause to be produced accounts and documents and give information in writing and verified in the prescribed manner. in the present appeal, there is no quarrel that as far as powers given to the ao in the provisions ..... assessee and therefore the notice issued was proper was rejected by the court.24. he argued that it is pertinent to mention here that section 148 of the act, prior to amendment in 1996 retrospectively from 1st april, 1989, also required that notice issued under that section must prescribe 30 days clear time for filing the return of income. .....

Aquarius Travels (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)111ITD53(Delhi)

..... inconsistent with the provision of the amended act and 'must be deemed to suffer from a mistake apparent from the record' ..... invalid and wrong by virtue of the retrospective operation of the amendment act. therefore, when the application for rectification was made within the period of limitation prescribed under section 254(2) of the act as a result of the retrospective operation of the amendment act, the conclusion is now inescapable that the order in question is ..... deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of total income under the act. the amendment takes effect from 1st april, 1962. section 14a was introduced retrospectively in order to clarify and state the position of law that any expenditure .....

income Tax Officer Vs. Ekta Promoters (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)117TTJ(Delhi)289

..... to imposition of interest used the expression 'may' thereby giving discretion to the authorities concerned to either reduce or waive the interest. the change brought about by the amending act (finance act, 1987) is clear indication of the fact that the intention of the legislature was to make the collection of statutory interest mandatory.19. concluding his arguments the ..... in the assessee's total income computed for the asst. yr. 1946-47. it was argued that the fourth proviso to section 10(2)(vii) of the it act (inserted by the amendment act of 1946 w.e.f. 4th may, 1946) under which the inclusion of the amount was justified by the department had no application to the case. ..... court in the case of cit v. scindia steam navigation company ltd. (supra) wherein it was held that 4th proviso to section 10(2)(vii) inserted by it (amendment) act, 1946 which came into force on 5th may, 1946 was not retrospective and was not in force on 1st april, 1946 and therefore, did not apply to assessment .....

Myspace Inc. Vs.super Cassettes Industries Ltd.

Court : Delhi

..... certain terms enunciated thereunder. this court is conscious that a significant amendment to this provision took place in 2008; the information technology amendment act was brought into force on 5 february, 2009. however, that amendment brought in greater clarity to the nature of duty and the ..... circumstances whereby intermediaries could be held liable. it is therefore, relevant in the present case, as it covers the greater part of the period in these proceedings. section 79 provides intermediaries exemption from liability for any third party information ..... that by creating a website for users to share their content it was only acting as an intermediary , under the information technology act ( it act ). it argued that the provisions of the it act and act had to be read harmoniously. as a us based company, it took several .....

Asian Hotels Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2002)81ITD127(Delhi)

..... . 147 and 148). this principle was recently applied by the supreme court in construing section 15(b) of the central sales-tax act, as it stood before its amendment by act no. 61 of 1972, and the amendment introduced by this amending act, though not retrospective, was used as a parliamentary exposition of its intent contained in the unamended section (see manickam & co. v ..... hotels in indian currency and such certificate had been specified in sub-section (2a) which was also added to sub-section (2) to section 80hhd by the same amending act. this requirement, according to the learned jm, was to be complied with by an assessee and it could not be said that it was in anyway clarificatory or declaratory ..... neither of these and the intention of the legislature was quite clear.31. at the inception of the section itself by the direct tax laws (amendment) act, 1989, w.e.f. 1st april, 1989, the stress was on the earnings in convertible foreign exchange and relief was to be given to the first recipient .....

Deputy Commissioner of Income Tax Vs. Kelvinator of India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the reassessment proceedings were initiated by the ao. this issue is vital in view of the fact that the provisions of section 147 were amended w.e.f. 1st april, 1989, by the direct tax laws (amendment) act, 1987. the assessment years involved in the reassessment proceedings are the asst.yrs. 1986-87, 1987-88 and 1988-89. since ..... section 147(b) cannot be upheld. reliance is placed on cit v. hickson & dedajee ltd. (1980) 121 ttr 368 (bom). 13. the interpretation of the word "information" appearing in section 147(b) has been subject-matter of judicial review and has been held to mean instruction or knowledge derived from an external source concerning facts or particulars ..... alleged to have escaped assessment was due to any omission on the part of the appellant to disclose fully and truly material facts or in consequence of any information coming to his possession subsequent to completion of assessment. 5. computation of claim under section 80-1 was given by the appellant to the ao at the .....