Judgment Search Results Home > Cases Phrase: multimodal transportation of goods act 1993 chapter 1 preliminary Court: income tax appellate tribunal itat mumbai Page 1 of about 6 results (0.254 seconds)

The Icici Ltd. Vs. Dy. Cit, Special Range 36

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... of the asset has been given in favour of rseb which is normally given. rseb has been made liable to the assessee for any loss or damage occurring during transportation, delivery, etc. which is contrary to the legal position that a lessee would be liable for the loss only while the asset is in his possession. since the ..... 19(2), only then can the set of rules prescribed for the purpose in sections 20 to 24 can be applied. section 2(14) defines "specific" goods or "ascertained" goods as goods which have been identified and agreed upon by the parties. in the assessee's case, the two high efficiency boilers have been identified and agreed upon by ..... by itself decide the issue. the decisive issue is whether there was an intention on the part of the parties to really convey and require the property in the goods. their intention is to be gathered from surrounding circumstances. these would include the negotiations held between the parties in the initial stages and during the pre-documentation period .....

Mid East Port Folio Management Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)87ITD537(Mum.)

..... of the asset has been given in favour of rseb which is normally given. rseb has been made liable to the assessee for any loss of damage occurring during transportation, delivery, etc. which is contrary to the legal position that a lessee would be liable for the loss only while the asset is in his possession. since the ..... 19(2), only then can the set of rules prescribed for the purpose in sections 20 to 24 can be applied. section 2(14) defines "specific" goods or "ascertained" goods as goods which have been identified and agreed upon by the parties. in the assessee's case, the two high efficiency boilers have been identified and agreed upon by ..... by itself decide the issue. the decisive issue is whether there was an intention on the part of the parties to really convey and acquire the property in the goods. their intention is to be gathered from surrounding circumstances. these would include the negotiations held between the parties in the initial stages and during the pre-documentation period .....

Essar Oil Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)102TTJ(Mum.)614

..... on charter fully equipped, manned and supplied is a business profit under article 7. it is further held that income from use, maintenance, rental of containers used for transport of goods or...is income from operation of ships and, therefore, business profit.41. even if for the sake of argument one holds that the case is not covered by ..... .24. shri manoj kumar further contended that the articles relied on by the assessee-company in the singapore dtaa are not applicable to the present case. as the transportation of goods was undertaken between two indian ports, the case does not fall under article 8. once the assessee's case is out of article 8, the assessee is straight ..... received or deemed to accrue or receive in india. he submitted that the freight was earned by m/s hmpl for rendering services in the indian waters and the goods was transported between indian ports. therefore, it is obvious that the income earned by m/s hmpl was earned out of business connection with india. m/s hmpl is .....

Assistant Commissioner of Income Vs. Concord Commercials (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)94TTJ(Mum.)913

..... ) ltd. (supra) and a few other cases alone. in fact, the very same issue was considered by different benches of the tribunal in a number of cases, like, (3) reliance transport & travels ltd. v. dy. cit (ita no: 1733/bom/1991, dt. 27th april, 1992)sitcon commercials (p) ltd. v. asstt. cit (ita no. 8036/bom/1992, dt. ..... engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining would fall within the purview of "industrial company" as defined in section 2(6)(c) of the finance act, 1969, notwithstanding the fact that ..... " appearing in the definition of investment company in clause (ii) of section 109 means "substantially" or "primarily". if the business of the company consists mainly in dealing in goods or merchandise, it cannot be held to be an "investment company" within the meaning of clause (ii) merely because, for one reason or the other, its income from business .....

Grasim Industries Ltd Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... material relating to sale of production, entries in excise register and certificate from excise and sales-tax authorities, certificate from insurance and other public authorities. evidence relating to transportation of sold material was also referred to in support of above claim.23.1. shri dastur further draw our attention to entries at p. 394 of the log ..... vehemently contended that the decision of the calcutta high court in the case of woolcombers of india ltd. vs. cit (supra) and similar other decisions are no longer good law in view of the decision of the hon'ble supreme court in the case of east india pharmaceuticals works vs. cit (supra). we do not agree. ..... reasonable formula. according to him, the decision of the calcutta high court in the case of woolcombers of india ltd. vs. cit (supra) was no more a good law in the light of the decision of the hon'ble supreme court in the case of east india pharmaceutical works vs. cit (supra). the learned departmental representative accordingly .....

Raymond Limited Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)86ITD791(Mum.)

..... notice of demand is a condition precedent for the recovery of the tax. but that is because, as held by the supreme court in m.m. parikh, ito v. nawanagar transport & industries ltd. (1967) 63 itr 663 (sc) the liability to pay tax, until determined by meaning of a proper assessment, remains ambulatory and becomes fixed only upon the completion of ..... . there seems to be no dispute about these aspects. but the cit(a) has restored the matter to the ao though he thought that on merits the assessee had a good. case. we do not feel inclined to interfere.130. we summarise our conclusions on the substantive issues as follows : (1) there was no sale of gdrs to the lead ..... and there was no reason why the parties would not have intended to give the same meaning to the identical definition in the subsequent dtaa with uk.there is a good deal of sense and logic in the argument because it is difficult to postulate that the same country (india) would have intended to give different types of treatment to .....