Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Court: income tax appellate tribunal itat jodhpur Page 1 of about 14 results (0.188 seconds)

Uma Polymers (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2006)284ITR1(Jodh.)

..... discretion and without assigning any reason therefor decline to register a transfer of any share whether fully paid or partly paid.a pubic company, as per the companies (amendment) act means a company which : 19. now we shall discuss the lifting the corporate veil specially in the case of private limited company for protection of revenue. in ..... assessee had submitted a return and given detailed particulars of his assessment, like gir no., etc., the same is entitled to proper weight. having regard to the information collected by the ao from banks of the creditors, identity of the creditors was fully established, the creditors were also found to be assessed to tax.having regard ..... book which may please be referred.21. it is evident from above that in all the cases, except that of shri virendra raj lodha, the ao got information about account of the creditors from their respective banks. photocopies of bank statement of creditors obtained by the ao are available on record. a perusal of aforesaid .....

income Tax Officer Vs. Bothra International and ors.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... therefore, section 80hhc as it stood at the relevant time was required to be read with section 28(iiib) because both the sections have been amended by the same finance act of 1990. in the circumstances, the words 'business profits' in the above formula under section 80hhc(3) would include cash compensatory allowance and duty ..... of the depb under the export and import policy formulated and announced under section 5 of the foreign trade (development and regulation) act, 1992, shall be treated as business income. (xv) the amendment classifies the exporters into two categories. one having turnover of not more than rs. 10 crorcs (small exporters) and the other ..... section 80hhc in respect of commission and brokerage income because of the express provision in statute. it was also held that the amendment made in the section 80hhc by the finance (no. 2) act, 1991 was prospective and was effective from 1st april, 1992. likewise, the learned cit-departmental representative placed reliance on various .....

Nand Lal Soni Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2006)104TTJ(Jodh.)893

..... a result of "small savings scheme by way of free gift coupon', it is pertinent to mention here that such winnings were not made taxable as lotteries under the it act before this amendment. the decision of the hon'ble madras high court in cit v. dy. director of small savings department is a relevant decision in this regard. the hon' ..... it is true that the assessee had already paid the taxes but this payment was under wrong information. when an assessee makes payment of taxes, which he is not required to, the same has to be returned by the department.6. in the amended provisions of section 2(24)(ix), this explanation appears to widen the scope of the expression " ..... word "lottery" seems to catch recent prizes given in tv programmes and the like. be that as it may, the amended provisions do not relate to the year under consideration. therefore, the rectification under section 154 of the act as requested by the assessee has to be allowed by the learned ao.i, therefore, direct that the price of the .....

Mangilal Rameshwarlal Soni (Huf) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2004)83TTJ(Jodh.)770

..... be based on : 41. in the instant case, the entire books of accounts were available with the ao and except these books of accounts, there was no material or information which was in the possession of the ao to show that the assessee had earned any income over and above the income shown in the books of accounts. the income ..... year has not been filed? (iii) whether block assessment made by assessing authority as modified by tribunal can be sustained in view of the amended clause (c) of section 158bb of the it act, 1961 as inserted by the finance act, 2002, w.e.f. 1st july, 1995? (iv) whether, in the facts and circumstances of the case, there was any foundation ..... as under: "thus, the limitation is provided only for the purpose of filing the appeal. once the appeal is filed within the limitation, the memo of appeal can be amended as per the practice and procedure. the view does not require any precedent to support. if it is required, even for cosmetic purposes; learned counsel has referred to a .....

Bhawan Va Path Nirman (Bohra) and Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2006)101ITD101(Jodh.)

..... in ita. no. 177/jdpr/1998.2. the appellant has moved an application under section 254(2) of the it act, 1961 for amendment or direction and rectification of mistake apparent on the face of the record. the appellant has requested for amendment or direction issued in para 28 at p. 28 of the order for the asst. yr. 1995-96. para ..... tribunal may, at any time with four years from the date of order with a view to rectifying any mistake apparent from the record amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the ao.cit v. anamika builders (p) ltd. , where ..... income returned by the assessee for the year, which tends to curtail the relief of deletion of addition of sales-tax refund amount under section 41(1) of the it act, which stands decisively/conclusively accorded to the assessee-petitioner? the learned am was of the view that difference is reflected in the following question : whether the tribunal can .....

Smt. Premlata Jalani Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... of t.s. balram, ito v. volkart bros. & ore. (1971) 82 itr 50 (sc). (ii) the provisions of section 234c was inserted by direct tax law (amendment) act, 1987, w.e.f. 1st april, 1989, providing for levy of interest for deferment of advance tax. the proviso to section 234c(l)(b) was inserted by direct tax laws ..... (amendment) act, 1989. to remove hardship in respect of payment of interest under section 234c in cases of capital gains which arises after due date of payment of instalment of advance ..... interest under section 234c in respect of instalments prior to accrual of capital gains. (xiii) it was submitted that the interest under section 234b would be consequently amended if the demand for interest under section 234c is cancelled, as the variation is on account of adjustment of tax first against interest.7. the learned departmental representative .....

Uttam Chand Nahar Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... scope and effect of the newly substituted provision w.e.f.1st april, 1989, section 147 by direct tax laws (amendment) act, 1989, and subsequently amended by direct tax laws (amendment) act, 1989, w.e.f. 1st april, 1989, as also under ss. 148 and 152 have been elaborated in the departmental circular no. 549, dt. 31st oct., ..... not have any column calling from appellant/assessee to disclose investment/expenditure in construction of house then the appellant/assessee is legally not under any obligation to give such information. moreover, his return of income was not found defective under section 139(9) as no such notice required for under s, 139(9) was issued. moreover, ..... assessee did not maintain books of accounts and, therefore, the ao is not correct in saying so. in letter dt. 9th march, 1995, the appellant has informed the ao that he has maintained the books of accounts for the purpose of cost of construction of the residential house. such books were earlier produced before predecessor-in .....

Arihant Tiles and Marbles (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2006)104TTJ(Jodh.)149

..... context in which it has been rendered. the decision of the supreme court in the case of aman marble industries (p) ltd. (supra) is before the amendment in the central excise act, 1944 and, therefore, is applicable to the present case. subsequent decision in the case of kores india ltd. (supra) is not applicable as it has been ..... mine owners being in raw uneven shapes have to be properly sorted out and marked; (ii) such blocks are then processed on single blade/wire saw machines using advanced technology to square them by separating waste material. (iii) squared up blocks are sawed for making slabs by using the gang-saw machine or single/multi-block cutter machine. ..... being in raw uneven shapes have to be properly sorted out and marked; step (ii) such blocks are then processed on single blade/wire saw machines using advanced technology to square them by separating waste material; step (iii) squared up blocks are sawed for making slabs by using the gang-saw machine or single/multi-block cutter .....

Assistant Commissioner of Income Vs. Sharda Gums and Chemicals. (Shard ...

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... 1. sec. 80hhc(3) prescribes the mode of computation of profit derived from export business. the provisions of s. 80hhc(3) as it existed prior to its amendment by the finance act, 1990, and which existed in the relevant year under consideration was brought to our notice by the learned counsel, shri jhanwar. he pointed out that if the ..... 90 per cent of such income was required to be excluded for computing the profits of business eligible for grant of deduction under s. 80hhc by an amendment made by finance (no. 2) act, 1991, w.e.f. 1st april, 1992. this clearly and necessarily implies that prior to asst. yr. 1992-93 the interest receipts and the ..... and export incentives, etc. were considered as part of profits of business eligible for grant of deduction under s. 80hhc of the act. he submitted that the present appeal relate to asst. yr. 1989-90. the amendment so made from asst.yr. 1992-93 also clearly supports the assessee's contention with regard to interest receipt. such interest received .....

Assistant Commissioner of Income Vs. Ramesh Chand Soni

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2003)81TTJ(Jodh.)253

..... case. finally, the learned counsel has submitted in this regard that calculating from either after applying the provisions of section 142(2a) of the. act, or in the alternative, applying amended provisions of finance act, 2002 which would have retrospective effect, the assessment passed is within limitation.9. on the other hand, the learned counsel for the assessee, ..... to the learned cit jodhpur for obtaining approval and also copy of approval granted by the learned cit jodhpur but the same has not been replied and no information regarding the above facts was supplied to the assessee. even when he enquired from the learned counsel, shri bhandawat on the date of hearing, he could ..... 95 to 1999-2000 (upto 15th july, 1998, that is, for six years. the assessee's representative has rightly raised the plea that the assessee was nowhere informed of the original time allowed to the firm for submitting the report as well as the extended period of 180 days. the learned counsel for the department could .....