Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Court: income tax appellate tribunal itat delhi Page 13 of about 492 results (0.238 seconds)

TIn Box Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1990)35ITD473(Delhi)

..... affected the following rights of the accused:- (i) the right to be tried by a special judge in accordance with the procedure established by law and enacted by parliament (ii) the right of revision to the high court under section 9 of the criminal law amendment act (iii) the right of first appeal to the high court under the same section. ..... lay against the order of the executive council, quashed the proceedings and in appeal it was urged on behalf of the institute that the provision of an appeal under section 22a of the chartered accounts act, 1949 was a complete safeguard against any insufficiency in the original proceedings before the council and it was not mandatory that the member should be heard by the council before it proceeds to record its findings ..... this sentence may, it is pleaded, be suitably amended in the light of the assessee plea noted in the other parts of the order.even the assessee's present explanation that large cash balances indicate that these purchases may have, ..... are three applications by the assessee under section 254(2) of the act directed against an order dated 30-8-1988 passed by a bench of ..... in which it was held that the transfer of a case by the supreme court to be tried by a judge of the high court was invalid when the law provided that the trial should be held by a special judge. ..... such a deprivation would be a powerful result to be achieved by what in law is a mere nullity; and it is no mere triviality that might be justified on the ground that natural .....

Tony Electronics Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1997)63ITD41(Delhi)

..... 23rd september, 1986, issued by the cbdt to the taxation laws (amendment & miscellaneous provisions) act, 1986. ..... 221 wherein prior to its substitution by tax laws (amendment & miscellaneous provisions) act, 1986 w.e.f. ..... be as it may, the onus placed by the law on the revenue has not been discharged but for making a mechanical order rejecting the explanation in a single sentence. ..... therefore, the assessee did not lack in bona fides and acted diligently as is apparent from material on record. ..... we further note that the assessee acted bona fide and diligently, inasmuch as though the books of accounts were finalised as on 25th july, 1990, at the earliest possible time when the details were known, the appropriate entries were made in the books ..... 201(1) proviso of the it act continues to be on the revenue. ..... it is settled law that mere delay is not sufficient to attract provisions of s. ..... 221 of the it act with reference to non-deduction or deduction but non-payment of tax under tds provision. ..... was nothing wrong in the petitioner taking the view that it should file its return only after the accounts were audited.the ground was held as sufficient to enable waiver of interest under s.139(8) of the it act.10. ..... 201(1a) and 221 of the it act.2. .....

Punjab Fibres Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)72ITD68(Delhi)

..... xiv (inserted by companies amendment act, 1988) in the companies act, 1956 instead of the rates hitherto followed by the company. 19 ..... xiv inserted by companies (amendment) act, 1988, in the companies act, 1956, provide for minimum rate of depreciation ..... xiv of companies act, 1956, inserted by the companies (amendment) act, 1988 do not prohibit writing off the depreciation on the revalued amount.11 ..... it was, therefore, provided that if the normal income computed as per the provisions of it act, is less than 30 per cent of its book profit, the total income of such companies chargeable to tax for the relevant previous year shall be deemed to an amount equal to 30 per cent of such book profit ..... (a) to (ha) of the said explanation supports disallowance of depreciation of current year written off in the p&l a/c in conformity with the provisions of the companies act and in accordance with the accounting standards issued by the icai. ..... hashmatunnisha begum (1989) 176 itr 98 (sc) and contended that a liberal interpretation should be made in the case of doubt as to interpretation of a provision of law capable of more than one view. ..... the cit(a) failed to appreciate provisions of the companies act, 1956, with regard to the disclosure in the accounts ..... 205 of the companies act, 1956, which has been incorporated in sub-cl ..... it was pointed out that such a course of action is clearly permissible under the provisions of companies act and is not prohibited by any of the sub-sections of s.115j of it act, 1961. .....

inspecting Assistant Vs. Ghaziabad Engineering Co. (P.)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)7ITD289(Delhi)

..... it was also submitted that the provisions of section 294a have been introduced by the companies (amendment) act, 1965 and had prohibited the payment of compensation to sole selling agents for the loss of office in ..... having come to the conclusion that the amount in question was not taxable under section 28(z7)(c), we may now turn to consider whether the amount could be taxed under the general provision of taxation law.for deciding this one has to look to the purpose for which the compensation is paid if the purpose is to compensate an assessee for the loss of his profit in the course of his carrying on business, such compensation ..... the commissioner (appeals) further considered the question whether the compensation was a capital receipt or a revenue receipt under the general law irrespective of the provisions of section 28(ii)(c).according to the iac, this was a normal business profit or a receipt for the loss ..... sake, the learned counsel for the assessee submitted that if the payment is considered to be against the provision of law that alone could not entitle the revenue to tax it in the hands of the assessee.23. ..... further pointed out that the suggestion in the letter, dated 28-1-1972 was against the provision of the company law which did not provide for such an agreement beyond 5 years. ..... not want, therefore, to deal with this question unless the authorities below applied their mind both on questions of facts and of law and determine a particular position for the purposes of assessment. .....

Indian Aluminium Cables Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)73ITD109(Delhi)

..... -in-trade of a business carried on by him such conversion or treatment; or (v) any transaction involving the allowing of the possession of any immovable property to be taken or retained impart performance, of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882); or (vi) any transaction (whether by way of becoming a member of, or acquiring shares in, a co-operative society, company or other association of persons or by way of any agreement or arrangement or in any other manner whatsoever) which has the effect of ..... the constitution before its omission by the forty fourth amendment act, 1978 w.e.f. ..... above, arguments as advanced by both the sides, elucidation and elaboration as given to various terms in the light of case law and the expanded definition of capital asset and transfer, as amended from time to time and as applicable for the year under consideration, we find that right acquired on allotment of an industrial plot falls within the expression "property of any kind" used in section 2(14) of the income-tax act, 1961, and, is consequently a capital asset. ..... therefore, in this case allotment of plot of land by gidc falls within the expression "property of any kind" used in section 2(14) of the act and is a capital asset and the payment of earnest money/security amount in order to obtain such a right constitutes cost of acquisition and since this allotment was given up by the assessee voluntarily, it amounts to relinquishment .....

Dr. S.D. Suri Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1982)1ITD686(Delhi)

..... 19a of the act in the said chapter deals with the liability to assessment in the case of executor and it was brought in the statute book, as an amendment by insertion, by the wealth-tax (amendment) act, 1964, with ..... remain the same.if the estate duty assessment could be framed on the executor of the will of the deceased, the assessments under the wealth-tax act could also be framed likewise and this has not been done ; hence assessments are not in accordance with law and the department cannot turn back and contend that non-filing of copy of will is an excuse for framing the assessments on legal heirs ..... executor for administration of the deceased's estate, whether there could be assessments on the legal heir and if the assessment's have been made on the legal heirs, whether these are assessments bad in law and merit to be annulled or else it is pure and simple a procedural irregularity, a supervening one, and the aac has rightly set aside the assessments and directed de novo assessments.13. ..... that being so the assessments under appeal having not been made in accordance with law, it is not an irregularity much less a supervening one but is an illegality which vitiates the assessments ; hence ..... us is that the assessment should have been annulled whereas the contention of the revenue is that there is a procedural irregularity and not an illegality, hence, the assessments have justifiably on facts and in law been set aside with proper directions for making the assessments de novo.12. .....

Cotton Naturals (i) Pvt. Ltd. Vs. Dcit, Circle 3(1), New Delhi

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the case, the hon'ble drp has erred both on facts and in law in ignoring the contention that this loan having been advanced at a fixed rate way back in the year 2002 and 2003, the interest rate cannot be varied or changed in the year under consideration. ..... on the facts and circumstances of the case, the hon'ble drp has erred both on facts and in law in ignoring the contention of the appellant that the interest rate in respect of international transaction in foreign currency has to ..... on the facts and circumstances of the case, the hon'ble drp has erred both on facts and in law in ignoring the contention of the appellant that for the purpose of determining the rate of interest the currency in which the loan has been advanced has to be taken into consideration ..... on the facts and circumstances of the case, the hon'ble drp has erred both on facts and in law in ignoring the contention of the appellant that the comparison made by the transfer pricing officer for determining the rate of interest on a transaction of a loan availed by ..... on the facts and circumstances of the case, the hon'ble drp has erred both on facts and in law in determining reasonable interest rate at 13.25% as against 4% determined and levied by the assessee in respect of loan advanced by it in us dollar ..... ) held that the basic intention behind introducing transfer pricing provisions in the act is to prevent shifting of profits outside india and where an assessee is ..... appellant craves leave to add, amend or alter any of the .....

Dcit, Circle2(1) Vs. M/S Bharti Cellular Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the appellant craves leave for reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this ..... accordingly, in this view of the matter that the issue is squarely covered by the case laws cited above, we uphold that the order of the ld. ..... accordingly, in this view of the matter that the issue is squarely covered by the case laws cited above, we uphold that the order of the ld. ..... observed that facts on the issues are same as in the assessment year 2003-04, wherein similar claim was disallowed. ..... of the act has been wrongly claimed, since the same pertain to section 35 of the act. ..... 35ac of the act amounting to ..... 35 of the act ignoring the fact that necessary details were not filed in form 3cd attached with the return of the income and also no supporting document were furnished by the assessee in support of its claim. ..... of the act by the ld ..... 37 of the act which the assessing officer had correctly treated as of capital nature being pre-operative expenditure. ..... the annexure 7 and annexure 8 does not contain any amount relating to the provisions of section 35ac of the act. ..... act, and not covered under section 35abb as it was not merely payment of capital nature confirming a benefit on the assessee for more than one ..... act, 1961 over the remaining period by license ..... act ..... act. ..... act ..... telecommunication ignoring the fact that a) the same were correctly amortized over the remaining period of license by applying provisions of section 35abb of the act. .....

Sumitomo Corporation India Private Limited Vs. Deputy Commissioner of ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... alp of the appellant's international transactions without demonstrating the existence of anyone of the four conditions provided in section 92c(3) which is a mandatory requirement for making adjustment under section 92ca(3) of the act; c) that the learned tpo has erred in arbitrarily assuming and concluding that indent based transactions of the appellant with its ae's have same functions and, risks as the principal transactions with non-ae's, ..... 4.1 the learned ao/tpo/drp has in fact erred in their orders by disregarding the following objections apparent on facts and in law on the facts and circumstances of the case of the appellant: a) that the learned ao/tpo/drp has erred in disregarding the transfer pricing approach adopted by the appellant to determine the arm ..... calculation on pli in the case of the tested party and in the case of the comparables has not been carried out as per provisions of the it act and it was proposed to reject the pli adopted by the assessee to benchmark its international transactions. 4. ..... the appellant craves leave to add, alter, amend or vary any of the above grounds either before or at the time of ..... the learned assistant commissioner of income tax had erred in referring the matter to the learned tpo u/s 92ca of the act on the following amongst other grounds, rendering the order of the tpo as unsustainable both in law and on facts: a) as none of the pre-conditions laid down under section 92c(3) of the act were satisfied,. ..... 2003-04 and the ..... 2003-04 and the .....

Acit, Cir. 3(1) and Another Vs. M/S Chemical Construction New Delhi In ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... tin box company reported in 260 itr 634 (del) 2) that the appellant company craves leave to add, alter, delete, amend, modify or vary cross objections before or at the time of hearing of appeal. 20. ..... 3) the appellant craves leave for reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal. 9. ..... (3) the appellant craves leave for reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal. 3. ..... moreover, the assessee submitted that it is settled law that where the assessee has mixed, owned and borrowed funds and interest free advances has been given to the sister concern then the presumption should be taken that said advances have been ..... 7.12.2005 wherein complete details along with justification regarding claim of bad debts written off was furnished as under:- "bad debts written off reasons for the bad debts written off during the year 2003- 04 are enclosed herewith as per annexure-a attached. ..... commissioner of income tax (a) has erred on facts and in law in deleting disallowance of expenditure of rs. ..... in the assessment year 2003-04 it was found that company is unable to honour the debts due to bankruptcy. ..... in this case assessee company filed its return of income on 27.11.2003 declaring taxable income of rs. ..... it was therefore submitted that the payment in question was allowable u/s 37(1) of the it act. ..... act. .....