Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Court: income tax appellate tribunal itat delhi Page 1 of about 133 results (0.335 seconds)

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, .....

Haryana Wareshousing Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)75ITD155(Delhi)

..... than the advance demanded by the ao under sub-s. (3) or (4) or intimated by him under sub-s. (5).12. sec. 209 of the act, after amendment by the amending act, 1987, lays down the method of computing advance tax payable during a financial year as follows : (a) where the calculation is made by the assessee for paying the ..... 1994) 4 scc 276 in which their lordships concluded that in case dealer deposited full amount of tax which, according to him, was due without wilfully omitting any material information and later on additional amount was found to be payable, then dealer would not be liable to pay interest on the additional amount of tax deposited by him under ..... procurement of foodgrains and thus assessee was not supposed to pay any advance tax and thus interest under s. 234b is not chargeable as assessee has not omitted any information in filing the return and was having bona fide basis for not showing the income from trading in procurement of wheat, etc. as its income because the department .....

Ukt Software Technologies Pvt. Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

..... 10b the same was required to be recomputed on the assessed income and benefit of the same ought to have been allowed. 12. that the appellant craves leave to add, amend or alter any of the grounds of appeal. 3. the brief particulars of the case are that assessee's assessments originally were computed u/s 143(1) which were ..... later on reopened u/s 147/148 of the it act. the assessment orders were reopened in view of searches on s.k. gupta group of companies, who were indulging in providing accommodation entries and from the statements recorded in ..... be treated as returns filed in response to notice u/s 147/148. the assessing officer then completed the reassessment proceeding without issuing notices u/s 143(2) of the it act. the ld. cit (a) also did not consider the contentions of assessee and the matter finally reached hon'ble tribunal, which vide its order dated 11th feb. 2011 .....

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 .....

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 .....

Minda Huf Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)82TTJ(Delhi)305

..... it was also contended on behalf of the assessee that he did not insure the material while dispatching it to the customer.moreover, the assessee was not timely informed about the short delivery of the material. when they refused to make the payment of short delivery, the assessee realized that the material was not received by the ..... director, industries, lucknow and picup. we have also carefully perused the letter dt. 7th april, 1998, and find that through this letter that the assessee was simply informed that the tax liability was converted into loan liability on its payment to sales-tax department by picup on 31st march, 1998. since it has been made abundantly clear ..... sales-tax scheme. the board has clarified through these circulars that deferment of sales-tax scheme can be enforced through a notification without bringing the amendment in the sales-tax/trade tax act. he has also invited our attention to the sales tax deferment scheme appearing at page no. 52 to 55 of the compilation of the .....

Dr. Indra Chand JaIn Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... intent to give retrospective effect to it can be concluded.3.1 to meet the arguments of the learned counsel with reference to integrated scheme of amendments made by direct tax laws (amendments) act, 1987, the learned departmental representative referred to provisions of s. 143 (1a) whereby provisions were made for levy of additional tax and he ..... of verification of certain documents is difficult to appreciate. we feel that reassessment proceedings under s.147 could not have been initiated for the purpose of verification of information available with the authorities and thus the same are not valid in law. this view is supported by the decisions in the case of cst vs. modi ..... affairs, but if it is a case where the reopening is sought to be in consequence of information in his possession or even otherwise which leads to a reasonable belief that there has been an escapement and if that information is not the product of a change in his mood but is attributable to concrete material noticed .....

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 .....