Judgment Search Results Home > Cases Phrase: kannada development authority act 1994 section 5 disqualification for office of membership Court: income tax appellate tribunal itat mumbai

Shakti Insulated Wires Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)87ITD56(Mum.)

..... . 8 and 9 of the agreement. under the memorandum of intent the owner had agreed to grant to the developer the development rights. no objection certificate was also issued by the appropriate authority in pursuance of the memorandum of intent. chapter xx-c of the it act, deals with the purchase by central government of immovable properties in certain cases of transfer. thus, the assessee ..... himself treated the development rights as immovable property and took necessary clearance from the appropriate authority. it follows, therefore, that the contention of the assessee is contrary to its own stand. under these .....

Patel Engineering Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)94ITD411(Mum.)

..... fails.53. we now proceed to consider the next condition of having entered into an agreement with central government or state government or a local authority or any other statutory body for developing an infrastructure facility, as contained in sub-clause (b) of clauses (i) of sub-section (4) of section 80-ia. it is ..... . the cit(a) has omitted to take into consideration the condition mentioned in section 80-ia4(i)(b) which stipulates that the facility developed should be transferred to the government/state authority. this condition envisages the ownership of the facility by the assessee and the cit(a) was, therefore, wrong in holding that it is ..... facility. if the interpretation canvassed by the revenue authorities is accepted, no enterprise, carrying on the business of only developing the infrastructure facility, would be entitled to deduction under section 80-ia(4).46. we have noticed above that the amendment brought in by the finance act, 1999 was with the sole intention/purpose of .....

Estate of Late Shri Dharambir

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)95ITD83(Mum.)

..... , therefore, the judicial discipline requires to follow those decisions. he has relied upon all those decisions cited before the lower authorities such as cit v. abdul mannan shah mohammed (2001) 248 itr 614 (bom.), cit v. hindustan housing & land development trust ltd. (1986) 161 itr 524 (sc) and harish chandra v. cit (1985) 154 itr 478 (delhi). ..... of additional compensation should be taxable in the hands of the assessee as a capital gain under section 45(5) of i.t act. he has distinguished that the decision of hindustan housing & land development trust ltd.'s case (supra) was related to the period prior to 1-4-1988, i.e., the date from which section ..... of compensation arises. for the purpose of determination of compensation an amount can be said to be judicially determined when all the stages provided in the land acquisition act are completed. the offer made by the land acquisition officer by his award, if not accepted by the assessee, would not result automatically in liability to pay .....

Estate Late Shri Dharambir Vs. the Dcit [Alongwith Ita Nos. 7279,

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)96TTJ(Mum.)880

..... courts, therefore, the judicial discipline requires to follow those decision. he has relied upon all those decisions cited before the lower authorities such as abdul maimon sheik mohammed, 248 itr 614(bom), hindustan housing and land development trust, 161 itr 524(sc) and harish chandra and ors., 154 itr 478(del) he has further relied upon certain ..... additional compensation should be taxable in the hands of the assessee as a capital gain under section 45(5) of i.t act. he has distinguished that the decision of m/s. hindustan housing & land development trust(supra) was related to the period prior to 1/4/88 i.e. the date from which section 45(5) ..... amount of compensation arises. for the purpose of determination of compensation an amount can be said to be judicially determined when all the stages provided in the acquisition act are completed. the offer made by the land acquisition officer by his award, if not accepted by the assessee, would not result automatically in liability to pay .....

Jhulelal Land Development Corpn. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1996)56ITD345(Mum.)

..... was made in the subsequent proceedings. the cit has also not given any finding as he himself was not sure whether the profit on the sale of the development right was assessable as business income or not. the revisionary jurisdiction cannot be allowed for substituting his opinion. the controversy in the present case is fully covered by ..... no enquiries were made and no fresh material was brought on record in fresh assessment proceedings.even he himself was not sure whether the profit on the sale of development right in the land could be assessed as business income inasmuch as he himself had not come to a definite finding. the revisionary jurisdiction, therefore, cannot be ..... his order is subject to scrutiny by the lower authorities or the courts. the order of the assessing officer he held to be erroneous merely on whims and fancy of the cit. the word "erroneous" has not been defined in the act. however, it has been subject to the judicial consideration in various cases. in our opinion, an .....

Deputy Commissioner of Vs. Lee and Muirhead Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1997)60ITD57(Mum.)

..... - (a) to an association or institution, which has as its object the undertaking of any programme of rural development, to be used for carrying out any programme of rural development approved by the prescribed authority; or (b) to an association or institution, which has as its object training of persons for implementing programmes of ..... deductible. in that case also, a similar argument, which is now advanced by the sr. departmental representative, that section 23 of the indian income-tax act, 1922, should be treated as a self-contained code and for the purpose of determining the permissible deductions thereunder, the deductions available under the provisions of ..... facie belief that the assessee has wrongly claimed the deduction. it had further held the following : "the word 'detection' has not been defined in the income-tax act, 1961. dictionary meaning of the word 'detection' is discovery of something hidden' or not easily observed; 'state of being found out'. from the dictionary meaning .....

Alpha Associates Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... of getting the conveyance executed.11. thereafter, an agreement dt. 19th november, 1986, was executed between government of maharashtra, bombay metropolitan region development authority (hereinafter referred as bmrda) and the said shri sharma by which the various land owners including shri c. b. sharma agreed to make ..... mtr.), at powai, abutting adi sankaracharya road.7. vide an agreement dt. 6th march, 1989, between the assessee, shri sharma, bombay metropolitan regional development authority (hereinafter called "bmrda") and mtnl the rights in the said property were transferred to mtnl for a total consideration of rs. 1,300 per sq ..... executed irrevocable power of attorney in favour of the assessee to do various activities including representing before all the concerned authorities appointed under various acts, to submit representation or proposal for development of the above property and to obtain sanction thereof, engage architects, surveryors, rc specialists, etc. besides undertaking to .....

Assistant Commissioner of Income Vs. Mrs. Geetadevi Pasari

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)104TTJ(Mum.)375

..... rs. 30 lakhs towards earnest/ deposit money on 29th march, 1994. as per the agreement, the developer was to pay rs. 156.50 lakhs within 15 days of receiving the no objection certificate from the competent authority under the it act. the application for no objection certificate was made on 19th march, 1994. the power of attorney was executed on 2nd april, 1994. the ..... . 30,00,000 as earnest/deposit money in the previous year in which development agreement was entered into. the assessee was to receive rs. 156.50 lakhs within 15 days of receiving the no objection certificate from the appropriate authority under the provisions of chapter xx-c of the it act, and rs. 235 lakhs within four months of the issuance of the said .....

Alpha Associates Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1995)52ITD640(Mum.)

..... 44,261.09 sq. metres), at powai, abutting adi sankaracharya road.8. vide an agreement dated 6-3-1989 between the assessee, shri sharma, bombay metropolitan regional development authority (hereinafter called "bmrda") and mtnl the rights in the said property were transferred to mtnl for a total consideration of rs. 1,300 per sq. metre, ..... had acquired certain rights including the right to obtain conveyance, subject to the proceedings under various laws and these rights were confirmed and acted upon by the bmrda and other authorities. our attention was invited on agreement dated 18-1-1964. it was contended that by virtue of this agreement, the assessee acquired right ..... the business of quarrying, contractors, constructions, dealing in all types of materials, traders, stockists, import, export of all the commodities and /or to act as agents, to act as representatives of manufacturers and to do such other business which the partners may mutually agree upon from time to time. in clause 7, it is .....

Deputy Commissioner of Income Tax Vs. Chadbourne and Parke Llp

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)93TTJ(Mum.)734

..... which a payment described in para 3 is received; or (b) make available technical knowledge, experience, skill, know-how, or processes, or consist of the development and transfer of a technical plan or technical design. 5. notwithstanding para 4, 'fees for included services' does not include amounts paid-- (e) to an ..... was held by the high court that the success fee constituted fee for technical services assessable under section 9(1) of the it act. the learned cit--departmental representative also relied on the judgment of the authority for advance rulings (aar), in the case of steffen, robertson & kirsteen consulting engineers & scientists. in re (supra). ..... pay advance tax--determination of question whether income accrued or arose to it in india would affect it--foreign company entitled to file application for advance ruling--it act, 1961, sections 245n, 245q. . non-resident--advance ruling--income deemed to accrue or arise in india--fees for technical services--scope of explanation .....