Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 32 amendment of section 67 Court: income tax appellate tribunal itat delhi Page 1 of about 165 results (0.191 seconds)

Deputy Commissioner of Income Tax Vs. Rampur Distillery and Chemical C ...

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)64ITD279(Delhi)

..... departmental representative contended that the order under s. 3(4) passed by the ao on 7th december, 1987, is patently invalid in view of the amended provisions of s. 3 which was introduced by the direct tax laws (amendment) act, 1987, w.e.f. 1st april, 1989.the new provisions relating to uniform accounting year have been introduced w. ..... will have no previous year for asst. yr. 1988-89 and this situation would be incongruous with the provisions of s. 3 of the it act, 1961, as amended by the taxation laws (amendment) act, 1987." 3. the facts relating to the aforesaid matter are briefly as under. the appellant-company was following its previous year ending on 31st ..... the successor ao in the order under s. 154 that his predecessor had lost sight of the amended provisions of s. 3 are patently wrong because the amending bill was itself introduced in the parliament on 11th december, 1987, and the act was passed on 24th january, 1988. this ground mentioned in the order under s. 154 is apparently .....

Aquarius Travels (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)111ITD53(Delhi)

..... instant case, the orders which had been rendered by the tribunal, were good and valid when they were so rendered. but the orders so rendered are patently invalid and wrong by virtue of the retrospective operation of the amendment act. therefore, when the application for rectification was made within the period of limitation prescribed under section 254(2) of the ..... absolute.6.8 coming to the continuity of the proceedings it was submitted by the learned counsel that the proviso to section 14a which was introduced by the finance act, 2002 w.e.f. 11th may, 2001 provides that while completing the assessment relating to assessment year prior to asst.yr. 2001-02, if section 14a was not ..... retrospectively was to set the existing controversy on this issue at rest and not to unsettle the cases by raising the issue afresh. 23.2 through the finance act, 2002, a proviso to section 14a has been inserted so as to clarify that the ao shall not reassess the cases under section 147 or pass an order enhancing .....

J.C.i.T., Spl. Range-14 Vs. National Agriculture

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92ITD35(Delhi)

..... an order which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act. if, as a result of the said fiction, we must read the subsequently inserted ..... as under:- "it is clear that the ground which was argued before the high court and which seemed to find favour with it was that the question whether the amending act applied to assessments which were already completed was a highly debatable question and, therefore, it was not a case of an error apparent on the face of the ..... the judgment of the bombay high court in the case of j.m. shah v.j.m. bhatia 94 itr 519 (bom) for the proposition that whether the amending act applied to the completed assessment is a debatable question. we do no understand the rationale of the learned counsel of placing reliance on this decision as the same already .....

income-tax Officer Vs. R.B.G.M. Modi and Bros. (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)28ITD349(Delhi)

..... tightening the law on the subject with a view to provide for honest differences of opinion on full disclosure of facts, an explanation was added by the taxation laws amendment act, 1975 with effect from 1-4-1976, which states : provided that nothing contained in this explanation shall apply to a case referred to in clause (b) in ..... automatic conclusion that the assessee was guilty of concealment of income on account of those additions. where on the facts found in the assessment or reassessment, concealment is patent, there is no reason why the income-tax officer cannot rely on that finding in the penalty proceedings and call upon the assessee as to why in view ..... directors in the assessee-company signed the accounts of the firm and was also present in the board's meeting, clearly prove that the assessee's contention is patently false and contrary to facts and cannot be accepted as true.the income-tax officer also relied upon another circumstance, namely, that when the addition of this sum .....

East West Rescue Pvt. Ltd. Vs. Dy. Cit, Spl. Range 14

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)89ITD259(Delhi)

..... in second application the tribunal accepted the stand of the assessee that in para 19 of its order, it had relied upon section 310 of companies act, 1956 which had since been amended and had no application to the assessment order under appeal. the tribunal, therefore, recalled its order dated 30th august 1978. thereafter the appeal was ..... c.b.d.t. circular does not apply as it pertains to the questions of approval or for that matter a particular judgment does not deal with the amended provisions. these have been relied upon by the learned departmental representative on behalf of the department for projecting the objectives behind the introduction of section 80-o.in ..... of t.s. balram, ito vs.volkart brother & others (2002-taxindiaonline-171-sc-it) the hon'ble supreme court while dealing with the provisions of sec. 154 of the income-tax act, has observed as under : "a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by long drawn .....

Amway India Enterprises Vs. the Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)111ITD112(Delhi)

..... to make their computer system y2k compliant as revenue expenditure. it was submitted by her that but for this amendment, the said expenditure would be only capital expenditure. she highlighted the fact that in the case of the interveners ..... . business expenditure - capital or revenue expenditure - technical know-how fees - foreign collaborator granted license to assessee to use its patents and designs - assessee not acquiring capital asset-amount paid to collaborator was only license fee and constituted revenue expenditure.cit v. kanpur ..... 20,04,105/- was claimed by the assessee company in its return of income filed for a.y. 2001-2002. the said expenditure was claimed to be incurred by the assessee company for acquiring the following software for use ..... of computer software is clearly a sale of "goods" within the meaning of the term as defined in the said act. the term "all materials, articles and commodities" includes both tangible and intangible/incorporeal property which is capable of .....

M/S. L.G. Electronics India Private Limited Vs. the Asstt. Commissione ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... further significance to note that hon'ble supreme court in that case started with the remarks - we express no opinion on the scope of the said amendment of 2005 . it is patent from these observations that the hon'ble apex court did not go into the interpretation of the word profit as encompassing the word loss as well, ..... informal or oral on the other. when there is a formal or written agreement between two aes, the answer to the question as to the existence of transaction becomes patent. if, however, there is an informal or an oral understanding, the existence of such agreement cannot be specifically found out because of it being not express. however, ..... unconstitutionality of an act. it is beyond our comprehension as to how this judgment supports the contention of the ld. ar. we are dealing with a situation in which there is insertion of sub-sec. (2b) of sec. 92ca with retrospective effect from 1-6- 2002. the effect of insertion with retrospective effect is that the amendment is construed .....

Mannalal Soorana Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1983)4ITD131(Delhi)

..... which were not borne out from the record of the tribunal. thus, it was pleaded, that it was a fit case for rectification of the said order and amendment thereof accordingly.16. after hearing the learned representatives of both the parties the learned accountant member passed his order dated 6-2-1982. he first dealt with the ..... said application is incorporated below: 6. that while making observations in para 9 of the order of the tribunal the hon'ble tribunal has made many glaring and patent mistakes of facts and of law. some of the mistakes are detailed hereunder: i. returns for the assessment years 1973-74 and 1974-75 having been filed on ..... valuation dates but only the ascertainment of that liability was postponed to a future date. the supreme court, therefore, held that income-tax paid under the finance act, 1965 with reference to the concealed income for earlier assessments was allowable as a deduction on the valuation dates relevant to those assessment years. considered from this angle .....

Amrit Banaspati Co. Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)47ITD164(Delhi)

..... the learned counsel for the assessee contended that the order of the cit (administration) passed under section 263 was patently invalid and the amended law could not induce life in the illegal order for two reasons. firstly the amendment does not operate prior to 1st june, 1988 and secondly the powers under section 263 would be exercised by ..... as had not been considered and decided in an appeal against the order sought to be revised. this is provided under section 263(c). however, the finance act, 1989 inserted the words "shall be deemed always to have extended to such matters as had not been considered and decided in such appeal, with retrospective effect ..... in respect of additional machinery installed in soap units as the manufacture of soap according to him was an item included in 1lth schedule of the income-tax act, 1961 and deduction on account of investment allowance was specifically barred. (c) assessee had incurred legal expenses amounting to rs. 93,940 in respect of acquisition .....

Millennium Infocom Technologies Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)117TTJ(Delhi)456

..... of, or the right to use, industrial, commercial or scientific equipment was not royalty before the amendment by the finance act, 2001 w.e.f. 1st april, 2002, within the meaning of provisions of expln. 2 to section 9(1)(vi) of the act, the same was to assessed in other contracting state i.e. usa as per para 1 ..... chargeable under the head 'capital gains') for- (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trademark or similar property; (ii) the imparting of any information concerning the working of or the use of, a ..... patent, invention, model, design, secret formula or process or trademark or similar property; (iii) the use of any patent, invention, model, design, secret formula or process or trademark or similar property; (iv) the imparting of any information concerning .....