Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Sep-02-2005
Reported in : (2005)97ITD390(Delhi)
..... it is clear that issuance of notice under section 148 was found to be justified. it was also held that in view of the amendment made under section 147 of the income tax act with effect from 1-4-1989, the assessing officer could not only assess or reassess the escaped income in respect of which proceedings under ..... assessing officer did not find any escapement, the reopening was considered valid by the judicial forum giving jurisdiction to the assessing officer to proceed under section after the amendments made to section 147 with effect frorn 1-4-1989, the condition precedent is only that the assessing officer should have reason to believe that income chargeable to ..... is so because the formation of belief by the assessing officer is within the realm of subjective satisfaction." in the case of damodar h. shah v. asstt. cit (2002) 245 itr 774, the gujarat high court has held that, if the assessing officer had reason to believe that the income chargeable to tax has escaped assessment, the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jul-22-2005
Reported in : (2005)98TTJ(Delhi)565
..... bombay high court held that receipts which do not form part of sale proceeds cannot come within the ambit of total turnover, after examining the object for which the amendment to the section was introduced. the question before the high court was whether receipts which have no nexus with the export activity can be included in the total turnover ..... permission of the cod to pursue the appeal and a copy of the approval of the cod has been placed on record vide order-sheet entry dt. 28th aug., 2002.4. we shall proceed to dispose of the appeal ground-wise. the first ground which relates to the disallowance of provision for non-moving stock, is in two ..... their action and dismiss the ground.14. ground no. 8 is directed against the disallowance of rs. 4,76,57,787 by invoking section 40a(9) of the act. the amount represents payment made by the assessee to the central schools (kendriya vidyala), bhel schools and other educational institutions.the assessee contended before the it authorities that the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Dec-09-2005
Reported in : (2006)105TTJ(Delhi)445
..... by deleting section 17(2)(iiia) and providing an explanation below section 17(2)(iii). sub-section (2b) in section 49 inserted by the finance act, 1999, has also been deleted. under the amended provisions, such shares will only be subjected to capital gains tax at the time of sale by the employee. the difference between the consideration and ..... argument in para 6.7 of his order, which has been challenged before us.6. the matter was initially heard by the bench on 11th sept., 2002, 13th sept., 2002 and 16th sept., 2002. therefore, at our instance written submissions from the appellant, were filed on the 18th feb., 2003 and in response to which, the department filed their submissions ..... income for this period in this regard in any country including usa other than india, as this fact is evident from the assessee's letter dt. 13th sept., 2002, which shows that the assessee has also treated this income as arising in india and not in usa as capital gain.19. against this addition, an appeal was .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Aug-12-2005
Reported in : (2005)(187)ELT194TriDel
..... nt) dated 31.5.2001.the said note listing non-market economy countries was removed when the above paragraph was substituted by the amending notification no.1/01-cus.(nt) dated 4.1.2002, and in stead, a presumption was raised as per sub-paragraph(2) of paragraph 8, that any country that has been determined ..... , 2001, made by the central government under section 9a(2)(6) and 9b of the customs tariff act, 1975. this paragraph 8 was later substituted by the amendment rule, 2002, made on 4.1.2002.paragraphs 7 and 8 of annexure-i which are relevant for our consideration, as they stood during the period in question, read as ..... after machine it is induction hardened, tempered, subjected to final machining before despatch to customer.3.1 the designated authority issued preliminary findings dated 11.12.2002 recommending imposition of anti-dumping duty provisionally pending further investigation and forwarded copy of the preliminary finding to the interested parties known to be concerned, requesting .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Dec-30-2005
Reported in : (2006)99ITD576(Delhi)
..... hereinafter jointly and severally referred to as "shyam"). whereas, qualcomm and shyam entered into a set of related agreements as of 26-2-1998, and subsequent amendments thereto and supplemental agreements (the "project agreements") under which qualcomm was to supply shyam with a wireless local loop telephone system, related services and software, ..... and affiliates, pursuant to various contracts with them.4. during the course of assessment proceedings, a questionnaire was issued by the assessing officer on 5-10-2002 to the assessee requiring, inter alia, to furnish a "detailed note on capital reserve with nature thereof and documentary evidence". in reply, the following note ..... had released/discharged qualcomm from the project agreements thereby giving up its right to purchase/acquire the equipment/services from the said party and this act had certainly inflicted an injury to the capital structure of the assessee-company resulting in a loss of source of income. the amount in question .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jan-31-2005
Reported in : (2005)94ITD1(Delhi)
..... the word 'manufacture', but by virtue of section 2, it provided that for the purposes of the act, definition of specified goods as contained in ce act be adopted. later, by an amendment act, 1980 the definition of 'manufacture' in ce act was enlarged to include 'processing'. the assessee contended that the enlarged definition of manufacture was not applicable for ..... expired. in p.v. doshi v. cit (1978) 113 itr 22 (guj), difference in irregularity and illegality has been explained. in k.m. sharma v. ito (2002) 254 itr 772 (sc), it has been held that a provision regulating period of limitation must receive strict construction.16. shri rastogi also filed the analysis of lucknow special ..... it cannot be ignored. otherwise, main section will become otiose.15. further reference has been made to the judgment in the case of vipin khanna v. cit (2002) 255 itr 220 (p&h), for the proposition that service of notice within twelve months period as per proviso to section 143(2) is essential. non service of .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Sep-23-2005
Reported in : (2006)(91)SLJ238CAT
..... is both regulatory and registration fee leviable under sections 11(2)(k) and 12(2) of the act.in zile singh v. state of haryana and ors. (supra) where disqualification corrected under section 13(a) of the haryana municipal amended act, 1994, an explanatory memorandum issued had come under scrutiny. the following observations have been made: 13. ..... by claiming negative equality.64. another ground raised is that the respondents have taken undue haste after promulgation of the amended rules in march, 2003 to hold the dpc and promote the incumbents, which act of the respondents shows a favoritism to a class depriving the vested rights of the applicants.undue haste is not by ..... itself illegal unless shown to be mala fide.after promulgation of the amended rules in 2005, the promotions are being withheld and qualified persons .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-25-2005
Reported in : (2006)102TTJ(Delhi)936
..... a recourse is taken to the provisions contained under the companies act, 1956. section 58a and section 227 of the companies act, 1956 in itself clearly place distinction between the two expressions.the explanation added to section 370 of the companies act, 1956 by the companies (amendment) act, 1988 for including deposits for the purpose of loan was for ..... a limited purpose of inter-corporate transaction and a similar amendment has not been made in the act under which the issue is being considered. the revenue's plea ..... that order. likewise the decision rendered by the mumbai bench of the tribunal in the case of life insurance corporation of india v. jt. cit (2002) 74 ttj (mumbai) 624 : (2002) 82 itd 749 (mumbai) will also be of no help to the issue under consideration as that was the decision rendered in the case of .....
Tag this Judgment!Court : Delhi
Decided on : Mar-24-2005
Reported in : 2005(81)DRJ473
..... the matter. firstly on 13.3.1970 and for a second time on 31.7.1971, while intimating conditional sanction of the plans submitted, the committee had required amendments to the plans. representative of the petitioners had visited the office of the chief architect and some issues were sorted out. probably on the plans some changes were reflected ..... not exist as of today since mpd-2001 was brought in force in august 1990.55. petitioners relied upon decision of a learned single judge of this court : 101(2002)dlt125 , holistic farms p. ltd. v. mcd. said decision pertains to an issue where master plan norms were changed on 23.7.1998 permitting increased covered area and ..... on the basis that the aforesaid construction is un-authorised under the act and bye-laws made there under.'39. for record, i do not find any order, much less an application seeking leave to amend the petition by changing the prayers. be that as it may, amended petition has come on record without any opposition or objection.40. on .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Oct-25-2005
Reported in : (2006)5SOT132(Delhi)
..... by deleting section 17(2)(iiia) and providing an explanation below section 17(2)(iii). sub-section (2b) in section 49 inserted by the finance act, 1999, has also been deleted. under the amended provisions, such shares will only be subjected to capital gains tax at the time of sale by the employee. the difference between the consideration and the ..... that the omission of section 17(2)(iiia) will be applicable only in respect of options exercised or allotments made after 31-3-2000. in other words, the amendment made in section 17 does not go in favour of the assessee but the intention of the legislature as explained by the cbdt is to the contrary. the intention ..... new delhi, he had called for the comments of the assessing officer on the written submissions filed by the assessee. the assessing officer vide his comments dated 26-11-2002 reported to the commissioner (appeals) that as per the facts on record, the hypo-tax, housing norm and auto norm have actually been reduced from the salary of .....
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