Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Court: income tax appellate tribunal itat Page 2 of about 617 results (0.098 seconds)

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 .....

Gulamrasul M. Pathan Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1996)57ITD129(Ahd.)

..... books of accounts and assets from other government departments contained in section 132a are clearly different and distinct in nature. prior to insertion of section 132a by the taxation laws (amendment) act, 1975, it was held by various courts that the money, etc. sought to be seized must have been in the possession of the person who had committed a default ..... it was further indicated that the amnesty scheme is not applicable for assessment year 1987-88 and onwards. the chief commissioner of income-tax vide letter dated 29-2-1987 informed the assessee that out of the seized amount of rs. 12,13,850, an amount of rs. 5,98,952 has been adjusted on 12-2-1987 against the ..... income-tax officer, ahmedabad in response to some queries raised by the ito vide his letter dated 7-8-1986. the income-tax officer vide letter dated 12-9-1986 informed the assessee with reference to his application dated 26-6-1986 submitted to the cit that his case does not fall in the amnesty scheme and the return will have .....

Hansa Agencies (P) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Amritsar

..... . sec. 254(1) gives power to tribunal to pass such orders as it thinks fit and if there is any mistake apparent from record then the tribunal can amend such order after the mistake is brought to its notice either by the appellant or by the revenue. apart from the interpretations regarding power of the tribunal we are ..... and supreme court. it would have been legally correct if appellant or revenue would have utilised its right by filing an application under s. 254(2) of the it act compelling the tribunal to decide all the issues. but in these cases, we feel a strict decision in accordance with these observations may lead to miscarriage of justice.we ..... may arise where care is not taken by the legislature and therefore various courts have intervened and given their observations and interpretations of s. 260(1) of the it act. one of the thinking which consistently prevailed with the tribunal and the courts, was that in case the order of the tribunal is reversed or disturbed by the high .....

Gtc Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)105TTJ(Mum.)1010

..... ao and confirmed by the cit(a) should be quashed and the appeal allowed. he also relied upon an unreported decision of the bangalore bench of the tribunal in wipro information technology ltd. v.dy. cjt, ita no. 651/bang/1994 [reported at (2004) 88 ttj (bang) 778ed.he has also filed a short note containing submissions as ..... 26th june, 1989 needed rectification.application filed by the department was dismissed by the tribunal on the ground that there was no apparent error on record as the amending act received the assent of the president nearly three months after the tribunal had passed the order. appeal against the order of the tribunal was dismissed by the hon' ..... any court. hence the tribunal was entitled to ignore the high court's decision in the reference. the decision, therefore, turns on the special provisions of the amending act.nevertheless, it is clear that a court cannot ignore the retrospective operation of a law which is in existence when it decides a matter.the hon'ble bombay high .....

Assistant Commissioner of Income Vs. Asea Brown Boveri Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)11TTJ(Mum.)502

..... chargeable to tax.capital gains were subjected to the charge of income-tax for the first time in india by the income-tax and excess profits tax act (amendment) act, 1947, which inserted, inter alia, section 12b in the it act, 1922 from asst. yr. 1946-47. quite obviously, the provisions analogous to sections 45, 50 and 50b of the present ..... held to be not applicable on the facts of that case. the decision in electric control gear mfg. co. (supra) has thus proceeded on the basis that information was not available on record to show that the items were severable or the values to the individual items were assigned and hence doctrine of severalty of sales, as applied ..... . perusal of para 3.12 of the said report shows that there were internal projections indicating downward trend in the revenues in this segment of activity due to technology obsolescence. this again shows the desire of the assessee to close down this activity and also the absence of any desire on its part to enter into competition .....

Amit Estate Organizer Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2008)113TTJ(Ahd.)1018

..... : (1986) 19 itd 306 (all) 13. when we are on provisions contained in section 69c, we would like to mention that section was inserted vide taxation laws amendment act, 1975 w.e.f. 1st april, 1976 on the basis of recommendation made by the select committee, as found in the report submitted in 1973. the section is ..... from plain reading of the aforesaid part of the order of cit(a), it is gathered that the proceedings under section 147 of the act were initiated without there being any information or material with the ao for having reason to believe that any income chargeable to tax had escaped assessment and also that there was no ..... taken as continuance of the assessment proceedings."pooran mal v. director of inspection (inv.) and dr. pratap singh v. director of enforcement and ors. , that an information even though collected during illegal search are capable to be utilized by the department for several purposes. it has been held that they have evidentiary value. therefore, the valuation .....

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 .....

Assistant Commissioner of Income Vs. Sharma Cold Storage and Ice Facto ...

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD129(Pat.)

..... .7. apart from supporting the view taken by the learned accountant member, the learned departmental representative invited my attention to expln. 6 inserted in s. 271 of the act by direct tax laws (amendment) act, 1989, w.e.f. 1st april, 1989, which runs as under : "explanation 6. - where any adjustment is made in the income or loss declared in ..... omitted to file the return which he was required to file under s. 139(1) of the act or having filed it, there is omission to disclose true and full facts in relation to the chargeable income or the ao has information in his possession that proper income escaped assessment to tax then he may upon formation of a reasonable ..... belief issue a notice to the assessee as provided in s. 148 of the act directing such person to file a return.there are then provisions contained .....

Birla Tyres Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)267ITR1(Kol.)

..... of aop, boi and their members (refer to items, 5, 7 and 11 of the table given in para 2.3 ante). the combined effect of the amendments made by the amending act, 1987 and the amending act, 1989 in this respect is as follows : (i) a new clause (ba) has been inserted in section 40, which disallows deductions for any interest or ..... the maximum marginal rate. this new section 167a has, however, been omitted by the amending act, 1989, which has withdrawn the new scheme of taxation of firm and partners (refer to item 14 of the table given in para 2.3 ante). 11.2. insertion ..... higher than the maximum marginal rate, then the entire income of the association or body would be taxed at such higher rate. note : it may be clarified that the amending act, 1987, substituted the old section 167a relating to taxation of certain aop at the maximum marginal rate by a new section 167a, which provided for taxation of firms at .....

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 .....