Judgment Search Results Home > Cases Phrase: national tax tribunal act 2005 Page 5 of about 106,037 results (0.172 seconds)

Cit V Vs. Nasa Finelease P Ltd.

Court : Delhi

..... recording their consent, we frame the following substantial question of law:whether the income tax appellate tribunal has erred in not deciding whether or not the loss suffered was speculative loss in view of explanation to section 73 of the income tax act, 1961? 12. ..... on further appeal before the income tax appellate tribunal (tribunal, for short), the respondent has succeeded on the first issue and it has been observed that they were entitled to benefit under section 43(5) proviso (d), even in respect of transactions carried out with effect from ..... the said insertion was made by finance act, 2005. ..... notification no.2/2006 dated 25th january, 2006, issued by the central board of direct taxes does not specify any particular date and simply notifies the national stock exchange india ltd. ..... secondly, the derivative transactions were during the period july, 2005 to september, 2005 and proviso (d) to sub-section 5 to section 43 was violated ..... cit (appeals) observed that section 43(5)(d) was operative in the assessment year 2006-07, but the rule 6 dda and rule ddb were notified on 1st july, 2005 and subsequently the two stock exchanges i.e. ..... the assessing officer relying upon the explanatory memorandum observed that the transactions undertaken between july, 2005 to september, 2005 were before 25th january, 2006 and, therefore, the derivative loss was not eligible under proviso (d) to section 43 (5) of the act. ..... , the derivative transactions between july, 2005 to september, 2005 were not eligible. .....

National Highways Authority of India Vs. M/S Ssangyong Engineering an ...

Court : Delhi

..... the appellant before the learned single judge was in respect of the challenge to the award dated 16.06.2014 passed by the arbitral tribunal on the issue of reimbursement of entry tax on account of the hike from 1% to 27% by the state of madhya pradesh by bringing out an amendment to the madhya pradesh entry tax act, 1976, which took effect from 01.04.2007.3. ..... the benefit of clause 70.7 ought not to have been given to the respondent and the tribunal as well as the learned single judge, having granted that benefit, did so contrary to ..... it is the contention of the appellant that the learned single judge as also the arbitral tribunal did not give due credence to the proviso in the form of a non-obstante sentence in clause 70.7 of copa, which stipulated that notwithstanding what was stated earlier in clause 70.7, any additional or reduced ..... this aspect of the matter has also been examined by the arbitral tribunal as also by the learned single judge by holding that since the contract did not mandate the procurement of high speed diesel from sagar or from any particular place in india, it was open ..... for construction of the four-lane highway in the jhansi-lakhanadon section between km 187 to km 211 of national highway-26 (nh-26) in the state of madhya pradesh. ..... with reference to which taxes, duties and levies were factored in, was frozen at 29.09.2005.4. ..... examined clause 70.7 of copa and noted that the notification enhancing the entry tax from 1% to 27% was after the base date of 29.09.2005. .....

Mashreq Bank Psc Vs. Dy. Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... 1341/bom/1987 and 1380/born/1989) wherein it was held that various restrictions prescribed under the income tax act would not be applicable while computing the profits of pe, and that computation of profits of the pe is to take into account all the expenses attributable to the pe - whether in india, or outside india. ..... it is submitted that in this decision, the tribunal has held that definition of 'royalty' under the income tax act will not have any bearing in deciding the scope of expression 'royalty' for the purposes of the tax treaty. ..... therefore, for the reasons stated above while dealing with the netherlands dtaa, we hold that no tax was required to be deducted under section 195 of the act from the payment of interest by the pe to its head offlce or other offshore branches of the assesseeenterprise, bank of tokyo. ..... this restriction, which mc commentary expressly refers to in connection with non-discrimination of nationals applies mutatis mutandis to the rule of non-discrimination for pe." 34. ..... boston consulting group (p) ltd (2005) 93 ttj (mumbai) 293 : (2005) 94 itd 31 (mumbai) has observed as follows: 19. ..... director of it (2005) 98 ttj (kol)(sb) 295 : (2005) 97 itd 89 (kol)(0) wherein, on materially identical provision, the special bench has held that provisions of section 40(a)(i) are not applicable in the case of interest paid by the banks. .....

Velji Deoraj and Co. Vs. Commissioner of Income-tax Bombay City Ii

Court : Mumbai

Reported in : [1968]68ITR708(Bom)

..... the following two question, which arise out of the tribunal's order relating to the reassessment of the assessee under section 34 of the indian income-tax act in respect of the assessment year 1950-51, have been referred to this court by the tribunal on a requisition under section 66(2) of the indian income-tax act : '(1) whether, on the facts and under the circumstances of the case, the discretion of the tribunal was judicially exercised in refusing to admit the important evidence in ..... during the course of the appeal before the tribunal the assessee sought to produce a certificate from the amalgamated bank of national & grindlays, certifying that the entire amount of credits has been received from the aden party through the ..... 2005 ending on 21st october, 1949, was originally made by the income-tax officer on 14th june, 1951, determining ..... 2005 was the assessee's own money representing its income from an undisclosed source, in our opinion, there was evidence on record relevant to the consideration of the said question and consequently the conclusion arrived at by the income-tax authorities and the tribunal could not be said to have ..... 2005 to 2010 which have been supplied by the assessee, show that in all these years the moneys received by the assessee from the aden party were exactly equal to the price of ..... 2005 really belonged to the said party; that all those amounts had been received after the 1st of september, 1947, and could, therefore, have been received by it only in a manner .....

United India Insurance Co. Ltd. Vs. Janki Devi and ors.

Court : Madhya Pradesh

Reported in : 2009ACJ1937

..... therefore, learned claims tribunal has committed error in directing for payment of interest already deducted by the insurance company under the income tax act.3. ..... , learned counsel for respondents supported the impugned order and submitted that for the reasons indicated in the order, directions issued by the learned claims tribunal is proper, i am of the considered view that the aforesaid contention of mr. n.d. ..... it is the case of petitioner that as tax on the interest of the awarded amount is liable to be paid after deduction of income tax under section 194-a of income tax act, insurance company deposited the amount after deducting a sum of ..... 939 of 2005 (supra), order passed by the learned claims tribunal directing the insurance company to pay a further sum of ..... the question of deduction of income tax under section 194-a of the income tax act from the amount of compensation to be paid has been considered and decided by gujarat high court in the case of united india insurance ..... order impugned passed by the claims tribunal directing payment of further sum of ..... mitaben dharmeshbhai shah 2004 acj 1996 (gujarat) and it has been followed by this court in national insurance co. ..... mitaben dharmeshbhai shah 2004 acj 1996 (gujarat) and followed by this court in the case of national insurance co. ..... challenging the order dated 8.7.2005 passed by seventh motor accidents claims tribunal, gwalior directing the insurance company to deposit the amount of t.d.s ..... 939 of 2005; decided on 16.1.2006 (mp), .....

M/S Lea International Limited Vs. Assistant Director of Income Tax

Court : Delhi

..... of the government; (iii) any equipment, materials and supplies which have been brought into the territories of the recipient country (except by consultants or personnel who are citizens or nationals of the recipient country) for the purpose of carrying out the technical assistance and which will be consumed therein or subsequently withdrawn therefrom; and (iv) any personal effects of the ..... any amounts earned therein by the consultant and the personnel in connection with the technical assistance; and the personnel and their families (if they are not citizens or nationals of the recipient country) may bring into the recipient country reasonable amounts of foreign currency for their personal use and may withdrew similar amounts of foreign currency from ..... made in connection with the carrying out of the technical assistance to the consultant or the personnel (except where the recipient country has reserved the right to tax its nationals pursuant to article 58.2 of the agreement establishing the asian development bank); (ii) any equipment, materials and supplies which have been brought into the territories of the ..... has been rejected by the tribunal on the ground that the application for exemption under section 10(8a) of the act was filed by the appellant-assessee with the additional secretary, department of economic affairs, ministry of finance, government of india, on 20th november, 2006, but the return of income was filed on 29th october, 2005 and notice for scrutiny assessment .....

Shri Manoj Aggarwal, Bemco Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... of undisclosed income as under: (1) the undisclosed income of the block period shall be the aggregate of the total income of the previous years falling within the block period computed, fin accordance with the provisions of this act, on the basis of evidence found as a result of search or requisition of books of account or other documents and such other materials or information as are available with the assessing officer and relatable to such evidence], as ..... raised even on behalf of the interveners and the same has not been found to be acceptable by us for the reasons given us hereinafter.as held by us in this regard, the immunity given by section 68 of the finance act, 1997 incorporating vdis is limited to the extent that the existence of jewellery stands accepted and the amount credited in the books of the declarant to the extent of value of the jewellery so declared cannot be assessed as ..... and decide the issues raised in the present case on merits, it is pertinent to note here that three applications, two by the assessee dated 18.8.2005 and 17.11.2007 and one by the revenue dated 19.1.2006, were filed before the tribunal under rule 29 of the appellate tribunal rules, 1963 seeking admission of the following additional evidence: (i) statement of shri bishan chand aggarwal of m/s bishan chand mukesh kumar recorded by the income tax officer, ward-5(4), ..... of m/s bishan chand mukesh kumar in punjab national bank, tunda talab, amritsar from which ..... of punjab national, .....

Londu Lal Raghubir Prasad Vs. the Commissioner of Income Tax

Court : Allahabad

Reported in : [2008]298ITR37(All)

..... the income tax appellate tribunal, allahabad has referred the following questions of law under section 256(1) of the income tax act, 1961 (hereinafter referred to as the act) for opinion of this court:(1) whether on the facts and circumstances of the case the tribunal was justified in sustaining the penalty under section 271(1)(c) for the addition ..... in the case of shiv lal tak (supra) the rajasthan high court was considering the case of imposition of penalty under section 271(1)(c) of the act in respect of the assessment year 1978-79 where assessment has been made in respect of addition made in the returned income by applying flat profit rate of gross receipt of the assessee and where the claim of ..... decision is of no help to the applicant as in the present case the explanation offered by the applicant has been found to be false by the commissioner of income tax as also by the tribunal and, therefore, in view of clause (a) of explanation 1, the amount of rs. ..... the madras high court had not considered the effect of the explanations added under section 271(1)(c) of the act which are applicable during the assessment year in hand and, therefore, the aforesaid decision is of no help to ..... in the case of national textiles (supra) the gujarat high court had considered the case of imposition of penalty under section 271(1)(c) of the act for the assessment year ..... of income tax : [2005]274itr269(all) ..... of income tax : [2005]278itr599(all) ..... chettiar : [2005]273itr401(mad) ..... : [2005]272itr36(all .....

Urea Casale, S.A. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (2008)16VST165(P& H)

..... raised in this petition filed under article 226 of the constitution is whether the sales tax tribunal, punjab, chandigarh (for brevity, 'the tribunal') could have validly exercised its jurisdiction while deciding the rectification application filed under section 21a(2) of the punjab general sales tax act, 1948 (for brevity, 'the 1948 act'). ..... we have heard learned counsel for the parties at considerable length, minutely perused the impugned order of the tribunal, dated 21.3.2007 (p-11), passed on the rectification application filed by the respondent state under section 21a of the 1948 act along with other orders, and found that the short question raised in the first para of the judgment is ..... brief are that the petitioner was registered as a dealer under the provisions of the 1948 act as well as under the central sales tax act, 1956 (for brevity, 'the 1956 act') and was being assessed by the excise and taxation officer-cum-assessing authority, ropar-respondent ..... the department filed another application under section 21a of the 1948 act before the tribunal seeking rectification of order dated 8.12.2005, which was passed by the presiding officer of the tribunal in the revision petition preferred by the assessee-petitioner (p-9). ..... the refund was on account of tax deducted at source by the national fertilizers limited, a government company and deposited in ..... its head office in switzerland, project office in mumbai and site office in the premises of national fertilizers limited, nangal. .....

Commnr. of Central Excise, T.N. Vs. Vinayaga Body Building Indus. Ltd.

Court : Supreme Court of India

Reported in : 2008(126)ECC91; 2008(152)LC91(SC); 2008(224)ELT3(SC); JT2008(3)SC447; 2008(3)SCALE464; (2008)3SCC666; 2008AIRSCW1981; 2008(4)KCCRSN261

..... motor cabs manufactured by the respondent is the question involved in this appeal, which arises out of a judgment and order dated 22.09.2005 passed by the customs, excise and service tax appellate tribunal, south zonal bench, chennai in appeal no. ..... however, classified the said motor cabs under sub-heading 8702.90 which has been specified for payment of national calamity contingency duty (nccd) at one per cent for the period 1.03.2003 to 30.09.2003. ..... 4,42,823/- should not be recovered from them in terms of section 11a of the central excise act read with rule 4(1) of the central excise rules towards nccd at one per cent on the motor vehicles with seating capacity of more than 6 but less than 12, excluding driver's seat as also a ..... indisputably, national calamity contingency fund was created by finance act, 2003 wherefor inter alia it was proposed to impose one per cent duty on motor cars and ..... a 'maxi cab' has been defined in section 2(22) of the motor vehicles act, 1988 to mean:(22) 'maxi cab' means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for ..... 87.02 and 87.03 have been aligned on the basis of motor vehicles act, 1988 based on passenger carrying designed for the transport of 12 plus 1 persons' by the state transport authorities as discussed in ..... to manufacture within the meaning of note 3 of chapter 87 of central excise act, 1944 (for short 'the act'), which is in the following terms:3. .....