Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Court: income tax appellate tribunal itat jaipur Page 1 of about 15 results (0.204 seconds)

income-tax Officer Vs. Vijay and Co.

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1988)25ITD124(JP.)

..... certainly agree with the aac. we, however, find that the legislature has stepped in to further clarify the law by inserting the following proviso by taxation laws (amendment) act, 1984 : provided that nothing contained in clause (a) shall apply to a case where the firm is dissolved on death of any of its partners.this proviso ..... judicial member although referred to the decision of the rajasthan high court which according to him governed the issue before him relied greatly upon the amendment brought about by taxation laws (amendment) act, 1984 by which a clause was inserted with effect from 1-4-1975 in section 187 whereby it was provided that a death of ..... for all statutory purposes unless expressly saved by any provision in the income-tax act. the proviso inserted by section 33 of the taxation laws (amendment) act, 1984, did not have such an effect. the department's contention that the effect of the amendment made by the legislature by inserting the proviso was to recognise only dissolutions .....

income-tax Officer Vs. Thanmal Mohanlal.

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1988)24ITD132(JP.)

..... that the notice of demand was issued indicating the tax payable by the assessee. the assessment order was made after the introduction of s. 292b by the taxation laws (amendment) act, 1979. the impugned assessment order was in substance and effect held to be in conformity with and according to the intent and purpose of the ..... the notice or demand was issued indicating the tax payable by the assessee. the assessment order was made after the introduction of section 292b by the taxation laws (amendment) act, 1975. the impugned assessment order was in substance and effect in conformity with and according to the intent and purpose of the income-tax ..... . s. ahluwalia, judicial member - there has been a difference of opinion between us. the point of difference is referred to the third member under sec. 255(4) of the it act, 1961 : "whether the departmental appeal should be dismissed altogether or the matter should be sent back to the ito for examining the same afresh." per shri ch. g. krishnamurthy, .....

Mewar Motors Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1996)56TTJ(JP.)118

..... ,293 which was outstanding as on 31st march, 1987, but paid on 31st july, 1987, in total disregard of the provisions of s. 43b as it stood before the amendment by finance act, 1987, which provided disallowance of such liability.3. a show cause notice was issued on 4th aug., 1994, and was served on the assessee on 9th aug., 1994, ..... sales-tax liability of rs. 10,29,293 which was paid before the due date in view of the provisions of s. 43b, as it stood before the amendment by the finance act, 1987, cannot be upheld. in our view, the order of the ao allowing this claim of unpaid sales-tax liability of the assessee was not erroneous and prejudicial ..... (raj) (supra), (1987) 163 itr 194 and (1987) 167 itr 395 (raj) to the effect that the interest liability, as provided under s. 11b of the rajasthan sales-tax act, 1954, is an allowable expenditure, is well established principle. however, we find that the above decisions were rendered before introduction of s. 43b.in the case reported in (1986) 160 .....

Mewar Motors Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jaipur

..... ,293 which was outstanding as on 31st march, 1987, but paid on 31st july, 1987, in total disregard of the provisions of s. 43b as it stood before the amendment by finance act, 1987, which provided disallowance of such liability.3. a show cause notice was issued on 4th aug., 1994, and was served on the assessee on 9th aug., 1994, ..... sales-tax liability of rs. 10,29,293 which was paid before the due date in view of the provisions of s. 43b, as it stood before the amendment by the finance act, 1987, cannot be upheld. in our view, the order of the ao allowing this claim of unpaid sales-tax liability of the assessee was not erroneous and prejudicial ..... (raj) (supra), (1987) 163 itr 194 and (1987) 167 itr 395 (raj) to the effect that the interest liability, as provided under s. 11b of the rajasthan sales-tax act, 1954, is an allowable expenditure, is well established principle. however, we find that the above decisions were rendered before introduction of s. 43b.in the case reported in (1986) 160 .....

Subhash Gupta (individual) Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (2003)78TTJ(JP.)692

..... payable and, therefore, question of levy of penalty would not arise.the above position was also recognised by the legislature and clause (iii) to section 271(1)(c) was amended by finance act, 2002, w.e.f. 1st april, 2003. the corresponding provision of the finance bill i.e., section 101 provided as under: "in clause (c)(iii), for ..... gupta was again present on 30th dec., 1999. his presence is duly recorded but what happended in the assessment proceedings is not recorded. the assessee did file information relating to claim of freight but the ao has mentioned that correspondence with the erring party should have been filed regarding freight claim. the ao examined and verified ..... a), it was submitted by the assessee that he has filed every precise details as demanded from him and at no stage of assessment proceedings, he denied the information as demanded.the assessee also objected the remark of the ao that the assessee had fraudulently claimed the loss, which is not well founded and the same is .....

Assistant Commissioner of Income Vs. Jaipur Stock Exchange

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (2007)108TTJ(JP.)393

..... to the members. on appeal, the aac noticed that in the year under consideration, there was a marked difference on the facts, as the assessee had amended its memorandum and articles of association at an extraordinary general body meeting held in december, 1973, whereby a clause prohibiting distribution of profits by way of ..... entrance fee from its members which accrued to assessee on account of its performing specific services for members constituted revenue receipts falling under section 28(iii) of it act, 1961 and not capital receipts as contended by assessee. these findings were delivered by the hon'ble tribunal, jaipur, bench, jaipur, following the decision of ..... stock exchange, madras stock exchange and ahmedabad stock exchange (all supra) by various courts where the said stock exchanges were denied the exemption under section 11 of the act. as regards delhi stock exchange, it was denied exemption by hon'ble delhi high court, delhi stock exchange association ltd. v. cit (1980) 126 itr .....

H.H. Rahdadi Smt. Badan Kanwar Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1989)28ITD69(JP.)

..... the trust funds. he then referred to circular no. 229, dt. 9-8-1977 which was issued consequent to the amendments to section 13 vide fin. amendment act, 1977. he observed that the applicability of section 13(2) remain an admitted fact, in view of the rent- ..... gaj singh, by which the trust came to receive the donation of rs. 53 lakhs. the letter reads: i have pleasure in informing you that i desire to give a donation of a sum of rs. 53 lakhs now lying with m/s marudhar hotels pvt. ..... also emphasised that the proviso to section 5(1)(i) was not effective for the years in question, as the amendment was brought in by the fin. act, 1975, effective from 1-4-1986. he again stressed that on the reasonings provided by him and also on ..... relevant and directly connected to the question of whether the trust could be considered to be charitable trust, entitled to exemption under the act. this is a grave error committed by the wto, which could be corrected only by a superior authority like the commissioner and .....

Mahaveer Kumar JaIn Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1993)45ITD634(JP.)

..... an "associate state" was quite alien to the indian federal system.10. it may be recalled that while the indian parliament was enacting the constitution (35th amendment) act the chogyal resented and sought to revoke the treaty. this provoked the progressive section of the people of sikkim and led to a resolution being passed by ..... desire to be associated with the political and economic institutions of india and for seeking representation for the people of sikkim in indian parliament. the constitution (35th amendment) act, 1974 was accordingly passed conferring the status of an "associate state" on sikkim by inserting article 24 and the 10th schedule in the constitution, though the ..... notifications issued thereunder continued to remain in force by virtue of article 371f(k) and (n) of the constitution of india inserted by the constitution 36th amendment act, 1975. in this behalf mr. ranka referred to paragraph 93 of finance minister's speech at page 19 and section 26 of finance bill 1989 at .....

Rajeev Enterprises Vs. Assessing Officer

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (2003)78TTJ(JP.)330

..... : "in view of the categorical statement contained in circular, which contained the explanatory notes given on the provisions relating to direct taxes, it is clear that these amendments are only prospective in nature and it will apply only in relation to the asst. yr. 1992-93 and subsequent assessment years and there is no mention that ..... . it was not a case of the assessee earning interest as business income. it was a case of investment.15. sh. sud, appearing for the intervener, submitted that amendment made in section 80hhc w.e.f. 1st april, 1992, was applicable prospectively only. for the above proposition, sh. sud placed reliance on decision of hon'ble punjab ..... in 1991 and, therefore, should be applied in this case.18. in rebuttal, the learned counsel for the assessee argued that amendment made by finance act, (no. 2) act, 1991, under section 80hhc was not declaratory or retrospective. it was prospective only. this was clear from circular no. 621 issued by cbdt on 19th dec., 1991 .....

Modern Threads (India) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (2000)243ITR60(JP.)

..... the sub-licensor and such consent is not to be withheld unreasonably on expiry of contract period, the assessee-company would have absolute right to transfer the technology acquired. (j) that the contract agreement provide for payment of consideration separately for supply of technical know-how and basic process engineering documentation and royalty ..... december, 1995, was made on 15th january, 1996, between both the parties providing for some mutually agreed changes in the original contract. the addendum was further amended on 3rd february, 1996. the ministry of industry in its letter dt. 15th july, 1996, conveyed the approval to the changes carried out through addendum in ..... indian company agreed to pay to the assessee-company the consideration of the technical assistance and information supplied, 5 per cent of the net selling price of vitamin d manufactured and sold by the indian company subject to indian it act.the ao treated the amount received as royalty. the cit(a) held the view that .....