Court : Supreme Court of India
Reported in : (1997)141CTR(SC)387
..... salaries.(b) interest on securities.(c) income from house property.(d) profits and gains of business or profession.(e) capital gains.(f) income from other sources.by an amendment made in 1988 interest on securities has been made chargeable to tax as business income when such interest forms part of business profits and in all other cases under s ..... . 56(2)(id) as income from other sources. the amendment made in 1988 has no relevance for the purpose of this case. we shall take this act as it stood at the material time in the asst. yr. 1983-84.the computation of income under each of the ..... step in the footprints of the accountancy profession.the question in challapalli sugar ltd.s case (supra) was about computation of depreciation and development rebate under the indian it act, 1922. in order to calculate depreciation and development rebate it was necessary to find out the actual cost of the plant and machinery purchased by the company. this .....
Tag this Judgment!Court : Delhi
Reported in : (1996)55TTJ(Del)719
..... (supra) relied upon by the counsel for the assessed. smt. sinha further submitted that w.e.f. 1st april, 1987, the provisions of s. 80tt were amended and, thereafter in similar circumstances, the assessed did not claim similar receipts as 'winning from lottery' but as business income. the above clearly showed that amounts in ..... the terms and conditions of the relevant agreement held that 'prize' on unsold tickets was not winnings from lotteries. their lordships held that the assessed merely acted an agent of the government for organising lotteries and had neither purchased lottery tickets nor participated in the draws of the lotteries. in the said decision their ..... prizes on unsold tickets, commission bonus, unclaimed prizes, etc., are business receipts and not 'winnings from lotteries' in the hands of the assessed. the assessed acted as agent on behalf of the state governments to organise and conduct lotteries and at no stage purchased lottery tickets. he paid no price for participating and .....
Tag this Judgment!Court : Delhi
Reported in : (1998)146CTR(Del)421
..... the repayment in the instant case was made in relation to deposit as the repayment was made after 19th september, 1981 when the president of india assented to the amendment act. now the only question which remains to be determined is whether the repayment was towards deposit or the same was towards loan. in order to determine this question ..... be repaid :provided further that nothing in this sub-section shall apply to or in relation to the repayment of any deposit before the date on which the it (second amendment) act, 1981, receives the assent of the president.explanation - for the purposes of this section, -(i) 'banking company' shall have the meaning assigned to it in cl. (i) ..... further that nothing in this sub-section shall apply to or in relation to the repayment of any deposit on or after the date on which the it (second amendment) act, 1981, receives the assent of the president.(2) no branch of a banking company or a co-operative bank and no other company or co-operative society and .....
Tag this Judgment!Court : Delhi
Reported in : (1997)58TTJ(Del)604
..... k. venkatachalam, ito & anr. vs . bombay dyeing & mfg. co. ltd. : [1958]34itr143(sc) , wherein the honble supreme court while dealing with the retrospective amendment of s. 18a of the indian it act, 1922, held that the assessment order was inconsistent with the proviso to s. 18a and must be deemed to suffer from a mistake apparent from record and ..... completed the assessments within the normal period specified in s. 153. he also contended that if the ao wanted to keep the assessments pending he was required to inform the assessed and only then he could have invoked the provisions of expln. 1(v). the learned counsel also made a reference to the provisions of s. 153 ..... persists in completing the assessments. he submitted that the ao did not give any reply to the assessed with reference to the said application and he did not inform the assessed that he would not keep the assessments in abeyance. in view of this factual position, the learned counsel contended that the ao could not take advantage .....
Tag this Judgment!Court : Kerala
Reported in : (1999)153CTR(Ker)79
..... commissioner is not in anyway bound by the other provisions of the act, in particular s. 186 of the act. it is further submitted that the amendment by way of finance act, 1987, was introduced w.e.f. 1st june, 1987 only for the purpose of removing a doubt in this regard ..... ., 31st march, 1987, cancelling the registration in one without any authority, power or jurisdiction.3. the contention of the department is that chapter xix-a of the it act is in the nature of self-contained chapter and the applications filed under s. 245c will be disposed of as per the provisions of that chapter and the settlement ..... ), then, the courts have to go by the meaning conveyed under the provisions of the act. of course, the learned counsel for the petitioner places before this court the notes and clauses and submitted that there is nothing to indicate that the amendment was introduced only for the purpose of removal of doubts. it has to be pointed out .....
Tag this Judgment!Court : Kerala
Reported in : (1999)153CTR(Ker)81
..... commissioner is not in anyway bound by the other provisions of the act, in particular s. 186 of the act. it is further submitted that the amendment by way of finance act, 1987, was introduced w.e.f. 1st june, 1987 only for the purpose of removing a doubt in this regard ..... ., 31st march, 1987, cancelling the registration is one without any authority, power or jurisdiction.3. the contention of the department is that chapter xix-a of the it act is in the nature of self-contained chapter and the applications filed under s. 245c will be disposed of as per the provisions of that chapter and the settlement ..... ), then, the courts have to go by the meaning conveyed under the provisions of the act. of course, the learned counsel for the petitioner places before this court the notes and clauses and submitted that there is nothing to indicate that the amendment was introduced only for the purpose of removal of doubts. it has to be pointed out .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2352
..... under sections 65(a) and 65(b) of the evidence act.(ii) exh. 54/1 is a video cd. there is no evidence to suggest that it is electronic record as per the provisions of information technology act, 2000 and as per sections 65a and b or amended evidence act.(iii) the documents produced vide exh. 54/1 does not ..... satisfy the condition laid down in section 65b(1) and section 65b(2) of the evidence act. the entire reasoning of the learned trial court is ..... solely contrary to the evidence act and information technology act.(iv) learned trial court has committed .....
Tag this Judgment!Court : Rajasthan
Reported in : (2003)181CTR(Raj)92; 2004(165)ELT22(Raj); [2003]263ITR317(Raj); RLW2004(1)Raj702; [2004]135STC278(Raj); 2003(3)WLC736
..... 17th nov., 2000. the appeal was presented within the limitation. during the pendency of appeal, the assessee filed an application seeking permission to amend the existing grounds of appeal to raise additional grounds. the prayer is extracted as follows :'the appellant seeks your honour's kind permission to ..... 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 the cosmetic ..... appeal. an appeal against the order of cit(a) before the tribunal can be filed under section 253 of the it act, 1961, sub-section (3) of section 253 of the it act, 1961, provides as under :'section 253(3)--every appeal under sub-section (1) or sub-section (2) ..... n.n. mathur, j. 1. this appeal under section 260a of the it act directed against the order of tribunal, jodhpur, dt. 5th june, 2002, was admitted for adjudication of .....
Tag this Judgment!Court : Rajasthan
Reported in : (2003)184CTR(Raj)555; [2004]267ITR466(Raj)
..... of india. 18. in the case of associated cement companies ltd. v. commissioner of customs (supra), their lordships have considered the meaning of 'goods'. the technological advice or information put on media like paper, book or diskette are goods. the definition of 'goods' has been given in section 2(22) of the customs ..... from indian customers. thus ordinarily the advertisement charges received from abroad would form part of export profits. but from asst. yr. 1991-92 section 80hhc has been amended. export turnover has also been defined. the assessee's case is a case where they are engaged in the business of exports and also deriving income from ..... been published in the journal. thereafter, assessee carried the matter before the tribunal. the tribunal has also upheld the view taken by cit under section 263 of the it act, 1961. 7. mr. ranka, learned counsel for the assessee-petitioner submits that when assessee received the amount against the advertisement in journal which is circulated out .....
Tag this Judgment!Court : Rajasthan
Reported in : (1996)132CTR(Raj)203
..... assessee.3. so far as the question no. 2 is concerned, after the reference made by the tribunal, the law on the point has been amended and an explanatory note on the provisions of the finance act, 1990 was issued modifying the provisions relating to exemption of income from export. the circular no. 572, dt. 3rd aug., 1990 [printed at ( ..... april, 1972 and will, accordingly, apply in relation to the asst. yrs. 1962-63, 1967-68 and 1972-73 respectively, and subsequent years.'3. in view of the amendment made in the taxing provision regarding the taxability of these incentives received by the exporters, new cls. (iiia), (iiib) and (iiic), have been inserted in s. 28 of ..... s. 2, it is not necessary to go into the merits of the case. the law has been amended with retrospective effect from the dates from which these incentives were introduced. in view of the amended provisions of s. 28 of the act relating to exemption of income from exports (item no. 27.3 above) this question is, also, answered in .....
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