Judgment Search Results Home > Cases Phrase: marriage laws amendment act 2003 Court: income tax appellate tribunal itat delhi Page 8 of about 492 results (0.195 seconds)

Jcit, Spl. Range 23 Vs. Dalmia Cement (Bharat) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)99TTJ(Delhi)1109

..... cit stated that : "the 1922 act was amended by the income tax (amendment) act, 1953, with effect from april 1, 1952, in ..... reintroduced in 1952 and passed as the income tax (amendment) act, 1953. ..... 5696/del/92 for assessment year 1987-88 and itat delhi bench 'b', new delhi as per its order dated 11.2.2003 in ita no.3926/del/94 for assessment year 1988-89 upheld the deletion of similar disallowances in the case of ..... cit (a) held the view that amendment of the act by way of the provisions of section 145a inserted by the ..... the stage of the bill, the proposal was to exclude from the concept of "actual cost", any moneys reimbursed to the assessee in this regard by any outside source, the amendment, as finally effected, permitted only a limited exclusion. ..... this amendment was introduced as an explanation to the definition of "actual cost" in section 10(5) of the indian income tax act, 1922, to nullify the effect of the judicial interpretations ..... the income tax (amendment) bill contained an amendment proposal but it lapsed because ..... spent by the assessee from his own resources (otherwise the expression would have been "cost" and not "actual cost") the legislature intervened by proposing an amendment to nullify the effect of the decisions. ..... officer, however, held that under the provisions of excise law, the taxable event was manufacture and not sale of ..... under the provisions of income-tax act, both revenue receipt as well as capital receipt may have bearing on the computation of assessable income .....

Tech Books Electronics Services Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)100ITD125(Delhi)

..... (supra), laid down the principle to be applied relating to applicability of amending law, when it held that if a right has been lost on the date when the law has been amended, the amending act could not be applied or enforced but if the right has not been lost the amending act will provide the right whereby the life of the statutory provision which has been amended will get extended. ..... case of the assessee, neither the period of five years nor the block period of eight years expired when the amendment replacing the word 'ten' for 'five' was introduced by income-tax (second amendment) act, 1998 with effect from 1-4-1999. ..... this argument the learned counsel also submitted as under: it is further significant to be noted that in sub-section (3) the word 'ten' was substituted for 'five', by the income-tax (second amendment) act, 1998 with effect from 1-4-1999. ..... , the assessee is entitled to claim benefit of exemption up to assessment year 2003-04 as per the amended provisions of the act with effect from 1-4-1999.8. ..... and as the production was commenced during the financial year 1993-94 relevant to assessment year 1994-95, it would be entitled to avail deduction/exemption in respect of profits derived from export activities until assessment year 2003-04 under section 10b of the income-tax act. ..... decision of itat delhi bench 'f' dated 20-5-2003, rendered in it appeal no. ..... started manufacture/production in assessment year 1994- 95, the exemption is available to it till assessment year 2003-04. .....

Sikkim Janseva Pratisthan (P.) Vs. Dy. Cit, Spl. Range-26

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)5SOT487(Delhi)

..... that sikkim became a component state of the indian union by and under the constitution (36th amendment) act, 1975, which inserted article 371f in the constitution. ..... prejudice to the provisions of sub-section (2), an intimation shall be sent to the assessee specifying the sum sopayable,and such intimation shall be deemed to be a notice of demand issued under section 156 and all the provisions of this act shall apply accordingly; and (ii) if any refund is due on the basis of such return, it shall be granted to the assessee provided that in computing the tax or interest payable by, or refundable to, the assessee, the ..... the return of income, accounts and documents processed the return of income in accordance with the provision of section 115a of the income tax act.in our view the assessing officer rightly disallowed the claim of assessee for deduction under section 80gga as it was prima facie inadmissible in law in the facts and circumstances of the case and on the basis of material available on the record while processing the return under section ..... . learned counsel for the assessee submitted that in earlier year itat delhi bench rejected the contention of the assessee vide order dated 25-4-2003 with regard to the determination of the tax liability retrospectively on higher rate of tax but the point with regard to determination of status was not decided as this point is agitated before ..... for assessment year 1991-92 was dismissed by itat delhi bench 'b' by order dated 25-4-2003 .....

Jindal Steel and Power Ltd. Vs. Addl. Cit, Hissar Range

Court : Income Tax Appellate Tribunal ITAT Delhi

..... against levy of interest under section 234d of the act the learned counsel argued that since the assessment framed by the assessing officer under section 143(3) read with section 147 was itself bad in law and void ab initio, the question of levy of any interest under section 234d did not arise.in any case the provisions of section 234d had been inserted by finance act, 2003 with effect from 1-6-2003. ..... before the registrar of companies who has a statutory obligation also to examine and satisfy that the accounts of the company are maintained in ac cordance with the requirements of the companies act.in spite of all these procedures contemplated under the provisions of the companies act, we find it difficult to accept the argument of the revenue that it is still open to the assessing officer to rescrutinise this account and satisfy himself that these accounts ..... inquiry in regard to the entries made in the books of account of the company.the said sub-scction, as a matter of fact, mandates the company to maintain its account in accordance with the requirements of the companies act which mandate, according to us, is bodily lifted from the companies act into the income tax act for the limited purpose of making the said account so maintained as a basis for computing the companys income for levy of income-tax ..... the amendments made in section 143 and section 147 with effect from 1-4-1989 did not in any manner negate the proposition of law as enunciated by the supreme court in the case of .....

Addl. C.i.T., Special Range-5 Vs. Vestas Rrb India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)275ITR81(Delhi)

..... in case the amendment is not accepted to be operative retrospectively, then the amendment so brought in to statute by the finance act, 2003 would produce inequitable and ..... act, 2003 has deleted the second proviso and amended the first proviso by the finance act, 2003 ..... come across a similar situation and therefore the principal approved by the apex court would also apply with equal force to the amended proviso, so as to have retrospective application of the amendment brought by finance act, 2003. ..... words now no disallowance of such payment would be made even if the same are made beyond the due dates prescribed in section 36 (1) (va) (herein after called due date).this amendment has been made to remove the hardship caused at present by the total disallowance of the amount paid for the welfare of employees, if the same had been paid after the due ..... it is well settled that if a statute is curative or merely declaratory of the previous law, retrospective operation is generally intended" in fact the amendment would not serve its object in such a situation, unless it is construed as retrospective. ..... reported in 264 itr 620 has already reversed the judgment of the tribunal by holding that the tribunal was not right in law in reckoning the date of payment (viz), 7^thof the succeeding month as the date from which the due date of payment to ..... as under:- "it is well settled that if a statute is curative or merely declaratory of the previous law retrospective operation is generally intended." 13. .....

Simbhaoli Sugar Mills Ltd. Vs. Asstt. Cit, Range-1

Court : Income Tax Appellate Tribunal ITAT Delhi

..... required to credit the contribution to the employee's account in the relevant fund under the relevant act.it is not permissible in law to take a liberal view or lenient approach to give retrospective effect to the deletion of the second proviso to section 43b of the act so as to apply it to earlier assessment years, particularly when there is no indication in the finance act, 2003, from the language used and from the object indicated that the legislature intended expressly or by ..... a whole or to remove any such hardship, or any express provision in the statute that such deletion of the second proviso to section 43b of the act would have any retrospective effect.nor is it possible to hold that without the aid of the subsequent finance act, 2003, by which the second proviso to section 43b was omitted, the unamended provision of section 43b would allow the deduction of payments to provident funds, etc. ..... with the amended provision of section 43b of the act, the words "referred to in clause (a) or clause (c) or clause (d) or clause (e) or clause (f)" have since been omitted by the finance act, 2003. ..... itd 437 (delhi) on the proposition that the amendments made in section 43b is curative and accordingly should ..... , it has been held that the amendments to the provisions of section 43b are prospective and in the instant case undisputedly the due date for payment was 1st march of the relevant year and the 15th ..... the assessee submitted that this amendment has retrospective effect and hence .....

Galileo International Inc. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... airlines to establish a series of rules by which the availability status of its tickets can be controlled; o enabling tas to access the airlines's system for the purpose of creating and/or amending ground arrangement requests, such as stop-overs and mini-stays; o making available to the airlines access to the data stored in the crs relating to travel itinerary involving multiple airlines; o ..... not to have charged the same.2.2 the appellant filed its return of income on january 28, 1999 pursuant to notice under section 142(1) of the income-tax act, 1961 (the 'act') for the assessment years 1996-97, 1997-98 and 1998-99 and under section 148 for assessment year 1995-96 with nil income contending that it does not have any ..... 4.6 of the agreement) he argued that the appellant does not have any agency pe in the form of interglobe because interglobe carries on its own business in india and hence, it is not a person acting on behalf of the appellant in india within the meaning of article 5(4) of the treaty; and without prejudice to above, interglobe does not carry out on behalf of the appellant, any of the activities specified ..... has been paid both under the act and income-tax in that country; or avoid double taxation of income under the act and under the corresponding law in force in that country.the learned ar cited that in the case of wipro supra, wherein it was observed that the correct recognition of national interest is rule of law impartially applicable to one and all ..... act, 2003 ..... [2003 .....

Steel Authority of India Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)105ITD679(Delhi)

..... counsel also argued that section 44d was replaced by section 44da by finance act, 2003, w.e.f. ..... it does appear to us that the amendment was made prospectively in order to mitigate the hardship caused by the old provisions.7.4 placing of section 44d and section 44da under chapter iv leads to an inference that royalties and fees for technical service are taxable ..... it may seem harsh, but the state of law applicable to the case of the assessee is that no expenditure or allowance is deductible from fees for technical service.7.3 the ld. ..... be allowed as deductions, expenses which are incurred for the purposes of the business of the pe including executive and general administrative expenses so incurred, whether in the state in which the pe is situated or elsewhere and according to the domestic law of the contracting state in which the pe is situated. ..... article 7 provides that the profit of the enterprise shall be computed after deducting expenses incurred in the contracting state and outside it and in accordance with the domestic law of the resource state. ..... it is mentioned that the executive and general administrative expenses are to be allowed whether incurred in the contracting state or elsewhere and according to the domestic law of the contracting state. ..... he further pointed out that in case the exclusionary clause of article 12 becomes applicable, then, the profits of the assessee, attributable to the pe, have to be worked out on the basis of domestic law. .....

Deputy Commissioner of Income Tax Vs. Padam Prakash (Huf)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)104TTJ(Delhi)989

..... extracts from explanatory memorandum accompanying the finance bill, 2003 relating to changes made in section 45 (5) of the it act are as follows: the existing provisions of sub-section (5) of section 45, provide for method of computation of capital gains arising from the transfer of a capital asset, being a transfer by way of compulsory acquisition under any law, or a transfer the consideration for which was determined or approved by the central government or the rbi, and where the ..... it is proposed to insert a new sub-section (16) in section 155 to provide that the ao shall amend the order of assessment to revise the computation of said capital gain of that year by taking the compensation or consideration so reduced by the court, tribunal or any other authority to be ..... 23.2 section 45 of the it act has, therefore, been amended to provide that capital gains arising from the transfer of the capital asset by way of compulsory' acquisition under any law shall be charged to tax in the previous year in which ..... the period of limitation of four years for amending the assessment order laid down in the it act will, in such cases, run from the end of the previous year in which the additional compensation or ..... with a view to mitigate this hardship, it is proposed to amend sub-section (5), by inserting a new clause to provide that where such amount of the compensation or consideration is subsequently reduced by any court, tribunal or other authority, the capital gain of that year, in .....

Rolls Royce Plc Vs. Dy. Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113TTJ(Delhi)446

..... a fixed place of business solely for any combination of activities mentioned in sub-paragraphs (a) to (e) of this paragraph, provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character; 4. a person acting in a contracting state for or on behalf, of an enterprise of the other contracting state other than an agent of an independent status to whom paragraph 5 of this article applies shall be deemed to be a permanent establishment of that enterprise in the first ..... cases be remembered that by section 42, income, profit or gain which accrues or arises to a nonresident outside the taxable territories is sought to be brought within the net of the income-tax law, and not income, profit or gain which accrues or arises or is deemed to accrue or arise within the taxable territories. ..... shri srivastava further submitted that even if it is held that there is business connection in india within the meaning of section 9(1)(i) of the act, as per dtaa between india and uk, if there is no pe of the appellant in india, no income can be attributed to the non resident ..... act, 2003 ..... purpose of our present discussion, the amended provision has no relevance as the same ..... even the amended definition will not determine as to what constitute business connection as the same is not an exhaustive definition but is a definition which also include some of the ..... years prior thereto, we shall discuss only the un-amended provisions. .....