Judgment Search Results Home > Cases Phrase: maharashtra provisional collection of taxes act 1962 Court: income tax appellate tribunal itat mumbai Page 1 of about 5 results (0.090 seconds)

Christiani and Nielsen Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1991)39ITD355(Mum.)

..... in aadt to deal with the taxation of fees for technical services and, therefore, the provisions of the income-tax act would apply and the fees received by the assessee would be taxable under section 9(1)(vii). ..... industrial or commercial profits and, therefore, one could say that there is no specific provision dealing with the taxability of fees for technical services and, in such circumstances, the provisions of income-tax act, 1961, particularly section 9(1)(vii) would apply and the fees would be taxable in india. ..... 20,11,527 being the fee received by the assessee under the agreement dated 8-4-1982 for conducting preliminary studies, collection and assimilation of data and finally preparing a feasibility report with regard to trans-harbour communication link between the island ..... , interest, dividends, management charges, remuneration for labour or personal services or income from the operation of ships or aircraft but shall include rents or royalties in respect of cinematographic films.the prohibition is to levy tax in one of the territories on the profits earned by a concern umess the profits are derived through a permanent establishment of the said enterprise situated in that territory. ..... to the government of maharashtra, shri m.s.palnitkar, the secretary to the government of maharashtra, shri r.t.atre, the vice-chairman of maharashtra state road transport corporation ..... public works department, government of maharashtra, shri n.v. ..... the government of maharashtra within j. r.d. ..... maharashtra .....

Walkeshwar Triveni Co-operative Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)88ITD159(Mum.)

..... available at a cheaper price so that at the end of the distribution of the commodities among themselves, a part of the original amount provisionally collected is repaid, then what is repaid cannot by any test be classified as income. ..... an urban community necessitating its accommodation in proximity to cities and towns, lack of availability is land in urban areas, rise in price of building material, restrictions under various rent legislations, disincentives generated by tax laws and other laws for embarking upon housing construction on individual basis, security of possession depending upon fulfilment of the conditions of, membership of a society which are none to irksome." 9. ..... amount initially received partakes the character of a trading receipt the amount would necessarily be taxable as such, if however, the amounts are initially not taxable if cannot be taxed despite the magnitude of the accumulation and despite its appropriation by the assessee to his own credit subsequently, the name which the parties may give to the transaction which is ..... shri dave read out the various provisions of maharashtra ownership flats act, 1963 (hereinafter called mofa) and mcs act, to inculcate that premium was not paid ..... court has held that where the assessee is found to be a mutual concern, the income which it receives from its members is not liable to tax, this is founded on the principle that no one can make a profit by transacting with oneself. ..... the british tax encyclopedia (1) 1962 edition edited .....

Walkeshwar Triveni Co-op. Hsg. Vs. Income Tax Officer, Ward 7(7)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)267ITR86(Mum.)

..... the commodities are available at a cheaper price so that at the end of the distribution of the commodities among themselves, a part of the original amount provisionally collected is repaid, then what is repaid cannot by any test be classified as income. ..... , and that there was a complete identity between the contributors to the common fund and the participators in the surplus.the following passage from the book on law of income tax, surtax and profits tax by wheat croft was quoted at page 267:- "it has also been established that the same principle applies although the contributors incorporate themselves into a separate entity carr out the ..... 254(3) of the income-tax act, 1961 (hereinafter called the act); the president of the income tax appellate tribunal (hereinafter called the tribunal) has constituted this special bench to consider the question "whether the transfer fee received by the co-operative housing society is exempt from income-tax by the principle of ..... membership to the secretary or even entering the applicant's name in the register of members does not make him a member, rule 19 of the maharashtra co-operative societies rules, 1961, requires various conditions to be complied with for admission for membership. ..... shri patil invited our attention on the british tax encyclopedia (i) 1962 edition, edited by g s a wheat croft, at pages 1200 and 1201; dealings with "mutual trading operations", the law is stated, thus: "in several early cases there were dicta t the effect that a .....

Swastik Household and Industrial Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1988)25ITD479(Mum.)

..... as to whether the aac was justified in setting aside the assessment and directing the ito to re-do the assessment and further whether the question of assessing the profits under section 41(2) of the income-tax act, 1961 in the hands of a holding company arises in case of sale by a holding company as a going concern to its hundred per cent subsidiary company. ..... has, subject to the necessary permission and approval of government under the urban land (ceiling and regulation) act, 1976, agreed to purchase the leasehold land together with the rights and benefits thereto and subject to the terms of lease dated the 28th day of may, 1970 entered into between maharashtra industrial development corporation (midc) and karamchand premchand private limited and registered in the office of the sub- ..... relief, if the assessee were to claim it, perhaps the entire amount of tax levied on 250,000 dollars would, in view of the relief under section 80-o, result in a tax of 100 per cent ha,ving been collected by the foreign country on the sum of 50,000 dollars. ..... 1980 2,50,00,000 (d) amounts received/adjusted 30-6-1981 23,25,228 ----------- this is to confirm that the net worth of the entire business and undertakings of swastik household and industrial products private limited based on the provisional books of account, amounted to rs. ..... [1962] 46 itr 135 that where a slump price is paid and no portion is attributable to stock-in-trade, it cannot be possible to hold that there is a profit other than what .....

Visveswaraya Industrial Vs. Deputy Commissioner

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1996)59ITD156(Mum.)

..... various related facilities and maintain them which required working funds, the provision for charging the rental in lump sum and on regular basis was evolved.7.6 he submitted that the government of maharashtra had ensured that the objective behind the leasing of the land to the assessee is achieved and is not mis-applied had insisted on nominating its members in the council of ..... first being that the lessee is the owner and the second, the lessee is made to share the rates & taxes in addition to the monthly rental, which means that for purposes of annual letting value (alv) as in sections 22 & 23 of the act, the rates and taxes would have to be added to it or alternatively, rates & taxes representing proportionate share of the assessee based on the space under its occupation would be allowed to be deducted from ..... in realisation of this feature, the law makers had used the words till 31-3-1983 "not involving the carrying on of any activity for profit" and from 1-4-1984 had introduced section 11(4a) into the act with a view to ensure that for achieving the objective of general public utility, an institution is permitted to carry on certain business activities only.7.14 the object envisaged in clause 5 to maintain liaison ..... that the persons who are supposed to have taken it on lease rental, if they wish to surrender the lease had to do so with the assessee, collected the advance rental from it and it would be for the assessee to further lease the space to a totally new tenant ..... 1962 .....

Grasim Industries Ltd Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... on regular assessment, as reduced by the amount of tax deducted or collected at source in accordance with the provisions of chapter xvii on any income which is subject to such deduction or collection and which is taken into account in computing such ..... by the ao and upheld by the cit(a) by stating that the expenditure was essentially in the nature of donations and since a specific provision already exists in the act to take care of and govern the allowability of payments made in the nature of donations, only such payments which satisfy the condition laid down under s. ..... as under : it is true that in para 13 of the report the constitution bench noted the judgments of rajasthan, punjab and gujarat high court which had taken the view that royalty was not a tax and it is equally true that it is not expressly mentioned in the judgment of the constitution bench that these judgments were erroneous or were required to be overruled. ..... outstanding surface rent is agitated on this ground as well as on the ground that the surface rent itself was not a duty or tax, cess or fee and for the last reason the disallowance is also agitated in ground no.18 for the late payment of royalty. ..... are that the assessee claimed to have set up an ispat unit at salav in maharashtra to produce sponge iron. ..... i of the it rules, 1962, which are not entitled for extra shift allowance, tube-wells and pipelines for the sanitary and water supply installations inside a manufacturing factory could not be termed as hydraulic .....