Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Court: income tax appellate tribunal itat Page 16 of about 617 results (0.242 seconds)

Wipro Finance Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2003)80TTJ(Bang.)571

..... southern herbals ltd. v. director of it (inv) and ors.(1994) 207 itr 55 (kar) at p. 62 extracted herein : "disclosure of the materials or the information to the persons against whom the action under section 132(1) is taken is not mandatory, because the very disclosure would affect or hamper the investigation. further, many a time ..... reads : "since there is a difference of only two days between the date of issue of warrant of authorisation in this case and the date from which the amended provision of chapter xiv-b came into effect, the assessee is trying to make out a case that "date of issue of a warrant of authorisation" meant the ..... . however, the assessment under section 158bc in this case has been completed on 29th jan., 1999, which is clearly beyond the period of limitation provided under the act. this is the correct position on limitation even according to the facts accepted by the learned departmental representative as per his written submissions.accordingly, we hold that the assessment .....

Shri Arvindbhai H. Shah Vs. the Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2004)91ITD101(Ahd.)

..... notice of the appellate tribunal can be me at any time and period of limitation of four years from the passing of order under section 254(1) of it act has no application. no amendment can be made beyond period of 4 years.14. nagpur bench decision referred to in the application has opined that the time limit of four years applies ..... commissioner (appeals) and the appellate tribunal may, of his, or its, own motion or on an application by the assessee in this behalf amend any order passed by him or it in any proceeding under this act within four years from the end of the financial year in which such order was passed." in the legislative enactment of 1974, the period ..... commissioner (appeals) and the appellate tribunal may, of his, or its, own motion or on an application by the assessee in this behalf amend any order passed by him or it in any proceeding under this act within four years from the end of the financial year in which such order was passed. "(1) with a view to rectifying any mistake .....

Deputy Commissioner of Income Tax Vs. Padam Prakash (Huf)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)104TTJ(Delhi)989

..... avail of the exemption for rollover of capital gains, within the specified time period, through investment in specified assets. 23.2 section 45 of the it act has, therefore, been amended to provide that capital gains arising from the transfer of the capital asset by way of compulsory' acquisition under any law shall be charged to ..... full value of the consideration received or accruing as a result of the transfer, and shall make the necessary amendment. the period of limitation of four years for amending the assessment order laid down in the it act will, in such cases, run from the end of the previous year in which the additional compensation or consideration ..... huf) found that different benches of tribunal, at different places, are interpreting section 45(5) of it act inserted by finance act, 1987 differently and there is a divergence of opinion on the issue. some benches have held that amendment and introduction of sub-section (5) of section 45 has not made any difference to the application .....

Assistant Commissioner of Income Vs. Norasia Lines (Malta) Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2007)292ITR31(Coch.)

..... view to simplifying them and also to remove the discretion given to the assessing authority which had led to litigation and consequent delay in realization of the dues, the amendment act substituted the old provisions by a simple scheme of payment of mandatory interest for the defaults mentioned therein, [para 52]. the levy of interest under sections 234a, 234b ..... tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000) as amended by the taxation laws (amendment) act, 2001 (4 of 2001) and the assessee has paid the amount of shortfall on or before the 15th day of march, 2001 in ..... tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000), as amended by the taxation laws (amendment) act, 2000 (1 of 2001), and the assessee has paid the amount of shortfall, on or before the 15th day of march, 2001 in .....

Assistant Commissioner of Vs. Birla Buildings Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1992)43ITD586(Kol.)

..... 1-4-1986. before the insertion of this section the expenditure incurred in connection with the proceedings under the it act was governed by the provisions of section 80w of the act. that section which was inserted by the taxation laws (amendment) act, 1975 with effect from 1 -4-1976 was in the statute book up to 31-3-1985. after ..... adviser for services rendered during and for the conduct of assessment proceedings before the income-tax authorities were deductible under section 10(2)(xv) of the income-tax act, 1922, as amended in 1939, in computing his assessable income. it was further held that a sum of money so paid in a particular year can be allowed in that ..... in section 40a(12). it is significant to note that the provisions of section 37(1) were also correspondingly amended. when section 40a(12) was inserted, the reference to section 80w in section 3.7(1) of the act was also omitted. the result would be that expenditure incurred by an assessee in connection with the income-tax proceedings .....

Avon Cycles (P) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1994)48TTJ(Chd.)249

..... before the learned cit(a) against disallowance of rs. 24,53,232 under s. 43b on account of sales-tax. it was argued that s. 43b , as amended by the finance act, 1983, was not applicable in the case of the assessee and that the issue had been decided by various benches of the tribunal, including the chandigarh bench. the learned ..... intimate whether the closing stock of scrap was physically identified/verified at the close of the accounting year and valued. vide another letter dt. 30th april, 1987, it was informed that the value of closing stock of scrap as on the close of the accounting period was not taken into account. it was further pointed out that even in the ..... with it.7. now there is not scope for the first appellate authority also to decide the issue in any manner other than in accordance with law as amended by the finance act of 1990 with retrospective effect from 1st april, 1967.8. the facts relating to the second point of difference of opinion are little confused but from what i .....

Minor Prahlad Ugardas Patel Oral Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1995)53TTJ(Ahd.)115

..... which he receives on behalf of any person. this provision was also inserted with a view to counteracting attempts at tax avoidance through the creation of oral trusts. the said amending act also inserted a new explanation for the purposes of s. 160(1)(iv). it provides that a trust which is not declared by a duly executed instrument in writing, ..... beneficiaries of which did not have any other income chargeable to income-tax. with a view to ensuring that the provision is not misused in this manner, the said amendment act provided that a discretionary trust would be liable to tax at the maximum marginal rate unless none of the beneficiaries had any other income chargeable to tax or was a ..... as per share ratio provided in sch. i and ii of the trust deed and accordingly income of the trust has been shown as nil.9. we have been informed that returns have been filed in the cases of beneficiaries declaring income as per their share ratio and the tax was paid at appropriate rate in the hands of .....

Niraj Petrochemicals Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

..... .k. concern tl london. the indian company wanted to acquire process technology called "talo process" for using it in the manufacture of sugar. hence, dcm entered into a technical collaboration with tl for the transfer of comprehensive technical information and know-how and the supply of equipment by tl to dcm. ..... that the provisions of dtaa also do not permit the assessment in india of "fees paid for technical services" rendered abroad, has no substance. the amended provisions of the dtaa accepted between republic of india and the federal republic of germany are reproduced in (1985) 156 itr 90 (st). clause (iv ..... foreign collaboration agreements approved by the government of india and reserve bank of india, as they are outside the purview of s. 195 of the it act, 1961. the following are the details of the workings towards the tax payable.------------------------------------------------------------------------date of particulars total amount income-tax @ 20% on remittanceremitted basic .....

Tribhovandas Bhimji Zaveri Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... and in p. no. 16 he has given the figures to indicate that "by either route the tax would have been practically the same amount" and this fact was informed to the ito when he was present before the cit(a) in the case proceeding of the applicant. (iii) the hon'ble tribunal has ruled that the sales in question ..... the appeal was defective. it is, therefore, submitted that the appeal should have been rejected under r. 12 of the tribunal rules and at the most an opportunity of amending the appeal could have been given to the department under the same rule. it is explained that under r. 4a, the registrar of the was supposed to scrutinise all ..... for obtaining a certified copy of the order for the purpose of computation of the period of limitation for filing of the appeal becomes meaningless. the provision in the act allowing exemption of time for taking a certified copy of the order appealed against in computing the period of limitation shows that the requirement, viz., the memorandum of appeal .....

Core Health Care Ltd. Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

..... . 8 to s. 43(1) has been inserted to overcome the difficulties caused by such decisions. it has been specifically mentioned in the memorandum explaining the said amendment made by finance bill, 1986, which has been published in 158 itr 107 (at p. 116) (st.) that it has been found that certain taxpayers (backed ..... a view ought to have been accepted by the learned a.m.136. the learned senior departmental representative drew my attention to s. 35d of the act relating to amortization of preliminary expenses.such preliminary expenses include expenses incurred before the commencement of business as well as expenses incurred after the commencement of business, ..... regard to capitalisation of interest expenditure. therefore, the ratio of the decision cannot be made applicable after insertion of various explanations below s. 43(1) of the it act, 1961. (vi) it is to further add that the assessee has de-capitalised various expenditure pertaining to new project including the expansion of its capacity. in .....