Array ( [0] => ..... 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 ..... [1] => ..... 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 ..... [2] => ..... 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 ..... [3] => ..... the assessee we have to consider the entire relevant material including the terms and conditions of such payment.in the case of ahmedabad stamp vendors association v. uoi (2002) 257 itr 202 (guj), the stamp vendors were required to purchase the stamp papers from government on payment of priceless discount on 'principal to principal' basis ..... commission retained by the agencies on a particular advertisement was determined by the ddcs. in the show-cause notice reference was also made to the contract dated 20-7-2002 between ddcs and one m/s. jeasonable advertisement services (p) ltd. (i) that it had not made any payment on account of commission charges to any advertiser ..... an advertising contract for the purpose of section 194c of the act answer: the term "advertising" has not been defined in the act. during the course of the consideration of the finance bill, 1995, the finance minister clarified on the floor of the house that the amended provisions of tax deduction at source would apply when a ..... [4] => ..... purposes, 26. as already observed by us the provisions of section 40(a)(i) as it existed prior to its amendment by finance act, 2003, w.e.f. 1st april, 2004 provided for disallowance of payment made to a non-resident only where tax ..... to a resident of the first mentioned state.the provisions of section 40(a)(i) as it stood prior to its amendment by the finance act, 2003 w.e.f. 1st april, 2004 applied to payments by an assessee outside india to a non-resident ..... the special bench of the tribunal in the case of oil & natural gas corporation ltd. v. dy. cit (2002) 77 ttj (del)(sb) 387 : (2002) 83 itd 151 (del)(sb). the said bench has held that in the case where an assessee consistently follows a ..... case where an assessee paid remuneration to managing agent which required the permission of the central government under the provisions of the companies act, 1956 for their appointment. the assessee was following the mercantile system of accounting. though the remuneration paid by the assessee related to ..... [5] => ..... payment made during the year (for which the deduction was claimed) and the closing provision which was disallowed. thus, according to the assessee in accordance 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 ..... commissioner (appeals). however, the department in this regard has accepted the position because the department has not contested the same before the tribunal in ita no. 2179/del/2002, so, the tax authorities below were not justified in sustaining the disallowance in the assessment year under consideration when there was no change in the farts.33. he ..... that in view of the decision of itat, delhi bench-b in the case of this very assessee for assessment year 1998-99 in ita no. 2179/del/2002 the issue stands covered in favour of the assessee and against the revenue wherein the tribunal observed as under ): 5. as is evident from the aforesaid observations recorded ..... [6] => ..... o. had issued refund of rs. 339/- for assessment year 2001-02 and raised demand of rs. 1724/- for the assessment year 2002-03. subsequently the assessee had filed petition under section 154 requesting to amend the intimation as the interest income was not chargeable to tax because the same had been received prior to the commencement of business and ..... in such cases, the only issue which can be looked into is whether there is any mistake of law or of facts which is apparent from records because only patent and obvious mistakes could be rectified under the provisions of section 154. the case law relied upon by the assessee such as the judgement of hon'ble high court ..... on the same reasoning, that interest income should be adjusted against the interest expenditure, as the said issue was not covered by the provisions of section 154 of the act. aggrieved by the decision of cit(a), the assessee is in appeal before the tribunal.2. before us, the ld. a.r. reiterated the submissions made before the ..... [7] => ..... year. in order to eliminate the disputes in the matter of determining the year in which a bad debt can be allowed and also to rationalize the provisions, the amending-act, 1987, has amended clause (vii) of sub-section (1) and clause (i) of sub-section (2) of the section to provide that the claim for bad debt will be allowed in the ..... total income declared was a negative figure of loss of rs. 64,17,960. the ao took up the assessment and issued notice under section 143(2) on 29th oct., 2002. during the course of assessment proceedings, the assessee, as per letter dt. 21st oct., 2003 claimed that the hon'ble bombay high court vide order dt. 4th july, 2003 ..... , 2000. it claimed the amount of rs. 13,34,585 as diminution in value of stock under the head "operating, administrative and other expenses". as per questionnaire dt. 20th dec., 2002, the assessee company was required by the ao to file the details of the same. the reply of the assessee submitted before the ao as per its letter dt. 19th ..... [8] => ..... on which the construction of such house was completed ; (ii) 'house' includes a part of a house, being an independent residential unit.7. section 7 of the wealth-tax (amendment) act, 1964, has inserted the words 'subject to any rules made in this behalf in sub-section (1) and at the end of sub-section (2)(a) has substituted the words ..... circumstances of the case may require' and this is made effective from 1-4-1965.8. by the taxation laws (amendment) act, 1972, sub-section (3) of section 7 has been inserted with effect from 1-1-1973, while, under the finance act, 1976, sub-section (4) comes into effect from 1-4-1976. 4. rule 1c for valuation of market ..... the purposes of the net wealth being charged to tax under the provisions of the wealth-tax act. ground no. (2) taken by the assessee before us, as succeeds and stands allowed.4. from the above findings of the tribunal, it is patently clear that for the assessment year 1971-72, the revenue itself has allowed the deduction liabilities whereas ..... [9] => ..... revised returns could be filed at any time before the assessment.consequently, the assessment could be made at any time. section 17a was inserted by the taxation laws (amendment) act, 1975 with effect from 1-1-1976. this for the first time laid down the period of limitation for making the assessments. in respect of assessment years earlier ..... been so provided to be on a similar line as of section 139(4) and 139(5) of the income-tax act. the title to section 15 has been given as 'return after due date and amendment of return'. section 15 reads as under: if any person has not furnished a return within the time allowed under section 14 ..... and confirmed the assessments. there were then further appeals to the tribunal.5. argument raised before the tribunal was that the provisions of the income-tax act and the wealth-tax act insofar as filing of the returns of income are concerned as well as the procedure prescribed for assessment are analogous. drawing an analogy from the corresponding ..... ) Patents Amendment Act 2002 Section 32 Amendment of Section 67 - Court Income Tax Appellate Tribunal Itat Delhi - Page 11 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 32 amendment of section 67 Court: income tax appellate tribunal itat delhi Page 11 of about 165 results (0.102 seconds)

Jul 22 2005 (TRI)

Bharat Heavy Electricals Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

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 .....

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Dec 09 2005 (TRI)

Garrick D'Silva Vs. Joint Commissioner Of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

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 .....

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Dec 30 2005 (TRI)

Shyam Telelink Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

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 .....

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Jan 27 2006 (TRI)

All India Radio Commercial Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)8SOT513(Delhi)

..... the assessee we have to consider the entire relevant material including the terms and conditions of such payment.in the case of ahmedabad stamp vendors association v. uoi (2002) 257 itr 202 (guj), the stamp vendors were required to purchase the stamp papers from government on payment of priceless discount on 'principal to principal' basis ..... commission retained by the agencies on a particular advertisement was determined by the ddcs. in the show-cause notice reference was also made to the contract dated 20-7-2002 between ddcs and one m/s. jeasonable advertisement services (p) ltd. (i) that it had not made any payment on account of commission charges to any advertiser ..... an advertising contract for the purpose of section 194c of the act answer: the term "advertising" has not been defined in the act. during the course of the consideration of the finance bill, 1995, the finance minister clarified on the floor of the house that the amended provisions of tax deduction at source would apply when a .....

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Feb 28 2006 (TRI)

Herbalife International India Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101ITD450(Delhi)

..... purposes, 26. as already observed by us the provisions of section 40(a)(i) as it existed prior to its amendment by finance act, 2003, w.e.f. 1st april, 2004 provided for disallowance of payment made to a non-resident only where tax ..... to a resident of the first mentioned state.the provisions of section 40(a)(i) as it stood prior to its amendment by the finance act, 2003 w.e.f. 1st april, 2004 applied to payments by an assessee outside india to a non-resident ..... the special bench of the tribunal in the case of oil & natural gas corporation ltd. v. dy. cit (2002) 77 ttj (del)(sb) 387 : (2002) 83 itd 151 (del)(sb). the said bench has held that in the case where an assessee consistently follows a ..... case where an assessee paid remuneration to managing agent which required the permission of the central government under the provisions of the companies act, 1956 for their appointment. the assessee was following the mercantile system of accounting. though the remuneration paid by the assessee related to .....

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May 11 2007 (TRI)

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

Court : Income Tax Appellate Tribunal ITAT Delhi

..... payment made during the year (for which the deduction was claimed) and the closing provision which was disallowed. thus, according to the assessee in accordance 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 ..... commissioner (appeals). however, the department in this regard has accepted the position because the department has not contested the same before the tribunal in ita no. 2179/del/2002, so, the tax authorities below were not justified in sustaining the disallowance in the assessment year under consideration when there was no change in the farts.33. he ..... that in view of the decision of itat, delhi bench-b in the case of this very assessee for assessment year 1998-99 in ita no. 2179/del/2002 the issue stands covered in favour of the assessee and against the revenue wherein the tribunal observed as under ): 5. as is evident from the aforesaid observations recorded .....

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Jan 11 2008 (TRI)

Energy Infrastructure (India) Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... o. had issued refund of rs. 339/- for assessment year 2001-02 and raised demand of rs. 1724/- for the assessment year 2002-03. subsequently the assessee had filed petition under section 154 requesting to amend the intimation as the interest income was not chargeable to tax because the same had been received prior to the commencement of business and ..... in such cases, the only issue which can be looked into is whether there is any mistake of law or of facts which is apparent from records because only patent and obvious mistakes could be rectified under the provisions of section 154. the case law relied upon by the assessee such as the judgement of hon'ble high court ..... on the same reasoning, that interest income should be adjusted against the interest expenditure, as the said issue was not covered by the provisions of section 154 of the act. aggrieved by the decision of cit(a), the assessee is in appeal before the tribunal.2. before us, the ld. a.r. reiterated the submissions made before the .....

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Apr 08 2008 (TRI)

Zauri Leasing and Finance Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)115TTJ(Delhi)721

..... year. in order to eliminate the disputes in the matter of determining the year in which a bad debt can be allowed and also to rationalize the provisions, the amending-act, 1987, has amended clause (vii) of sub-section (1) and clause (i) of sub-section (2) of the section to provide that the claim for bad debt will be allowed in the ..... total income declared was a negative figure of loss of rs. 64,17,960. the ao took up the assessment and issued notice under section 143(2) on 29th oct., 2002. during the course of assessment proceedings, the assessee, as per letter dt. 21st oct., 2003 claimed that the hon'ble bombay high court vide order dt. 4th july, 2003 ..... , 2000. it claimed the amount of rs. 13,34,585 as diminution in value of stock under the head "operating, administrative and other expenses". as per questionnaire dt. 20th dec., 2002, the assessee company was required by the ao to file the details of the same. the reply of the assessee submitted before the ao as per its letter dt. 19th .....

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May 31 1983 (TRI)

Commissioner of Wealth-tax Vs. Ram Pershad

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)7ITD656(Delhi)

..... on which the construction of such house was completed ; (ii) 'house' includes a part of a house, being an independent residential unit.7. section 7 of the wealth-tax (amendment) act, 1964, has inserted the words 'subject to any rules made in this behalf in sub-section (1) and at the end of sub-section (2)(a) has substituted the words ..... circumstances of the case may require' and this is made effective from 1-4-1965.8. by the taxation laws (amendment) act, 1972, sub-section (3) of section 7 has been inserted with effect from 1-1-1973, while, under the finance act, 1976, sub-section (4) comes into effect from 1-4-1976. 4. rule 1c for valuation of market ..... the purposes of the net wealth being charged to tax under the provisions of the wealth-tax act. ground no. (2) taken by the assessee before us, as succeeds and stands allowed.4. from the above findings of the tribunal, it is patently clear that for the assessment year 1971-72, the revenue itself has allowed the deduction liabilities whereas .....

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Jan 28 1987 (TRI)

A.K. Mukherjee Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1987)20ITD113(Delhi)

..... revised returns could be filed at any time before the assessment.consequently, the assessment could be made at any time. section 17a was inserted by the taxation laws (amendment) act, 1975 with effect from 1-1-1976. this for the first time laid down the period of limitation for making the assessments. in respect of assessment years earlier ..... been so provided to be on a similar line as of section 139(4) and 139(5) of the income-tax act. the title to section 15 has been given as 'return after due date and amendment of return'. section 15 reads as under: if any person has not furnished a return within the time allowed under section 14 ..... and confirmed the assessments. there were then further appeals to the tribunal.5. argument raised before the tribunal was that the provisions of the income-tax act and the wealth-tax act insofar as filing of the returns of income are concerned as well as the procedure prescribed for assessment are analogous. drawing an analogy from the corresponding .....

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