Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 32 amendment of section 67 Court: income tax appellate tribunal itat delhi Year: 2005 Page 1 of about 20 results (0.154 seconds)

Additional Commissioner of Vs. Nestle India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)53

..... its case on the low rate of royalty in terms of its turnover rather than connecting the same with its profitability. in the context of transfer pricing, the amendment had been made to sections 92 to 92f. there were several methods laid down such as comparable uncontrolled price method; resale price method; cost plus method; profit ..... 9. the learned ao argued that the product of the assessee such as coffee, tea, chocolates, noodles, etc. were day-to-day consumer products. they were not patented or copyright products though the same may be under a brand. the ingredients of such products were commonly known and the process of manufacturing was also routine. in view ..... act: once permission is granted by the rbi, ordinarily, it is not open to anyone to go behind the permission and. seek to question it." the learned counsel for the assessee pointed out that the observations of the hon'ble supreme court abovementioned have been noted in the order of tribunal mumbai bench 'a', dt. 6th sept., 2002 .....

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)96TTJ(Delhi)1

..... of interest used the expression "may" thereby giving a discretion to the authorities concerned to either reduce or waive the interest. the change brought about by the amending act (finance act, 1987) is a clear indication of the fact that the intention of the legislature was to make the collection of statutory interest mandatory." (underlining ours) the ..... do not cover the payment with which we are concerned in the present appeal. clause (i) refers to transfer of rights or granting license in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property. but-software supplied did not fall under any of these items. clause (ii) ..... because the software supplied by the assessee was not supplied for the purpose of imparting any such information. clause (iva) was introduced only w.e.f 1.4.2002 and hence not relevant for the year under appeal. clause (vi) refers to rendering of services in connection with the activities referred to in sub-clauses (i) .....

Napar Drugs Pvt. Ltd. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)98ITD285(Delhi)

..... practice" ignores the prevalent malpractice that was noticed by the direct taxes enquiry committee and the recommendations made by the said committee which led to the amendment of the act by the finance act of 1972, whereby the exemption from tax that was available in respect of winnings from lotteries, crossword puzzles, races, etc., was withdrawn. similarly, ..... to the file of assessing officer for adjudication afresh.? i have received the following proposed question under section 255(4) of the i.t. act. 1961 in ita no. 206/del. /2002. whether on the facts and findings, issue being identical and covered by various tribunal orders arising from the same search and in the hight ..... should en mass sign these blank documents and deposit them with the chartered accountant? the learned dr referred to the letter of the assessee dated 28.5.2002 addressed to the assessing officer and placed at pages 6 to 12 of the assessee's paper book. according to the assessee, the papers found were advance .....

PromaIn Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)281ITR107(Delhi)

..... bench, the validity of the date of the last panchanama itself depends on the date of assessment order; this reasoning is patently erroneous.21. mr. shiva swamy submitted that neither the term "panchanama" is defined anywhere in the it act or in the it rules or even in the criminal procedure code (crpc) nor any form of panchanama is prescribed under the it ..... very existence of such satisfaction/belief is justiciable. he also placed reliance on the decision of jodhpur bench of tribunal in the case of chitra devi v.asstt. cit (2002) 77 ttj (jd) 640 wherein it was held that the tribunal has the jurisdiction as also the duty to examine the validity of authorization for search when the same ..... 132. it was further noticed that a contrary view, however, has been taken by the delhi bench of tribunal in the case of varinder bhatia and ors. v. dy cit (2002) 74 ttj (del) 60 : (2001) 79 itd 340 (del) wherein it was held that the powers of the ao and the tribunal while disposing of the block assessment .....

Deputy Commissioner of Income Tax Vs. Royal Jordanians Airlines

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)283ITR28(Delhi)

..... successor in all its rights and obligations." 47. the learned counsel further argued that the change of facts could at best be applicable only from asst. yr. 2002-03 and had no bearing in relation to the assessment years under consideration by us.48. the learned counsel for the assessee clarified the constitutional basis of the creation ..... 2000-2001 rja filed return of income on 29th nov., 2000 declaring nil income. the learned ao completed the assessment order under section 143(3) on 30th oct., 2002. she found that dtaa between india and jordan had come into effect from 1st april, 2000 for income earned in india. as per dtaa income of rja from operation ..... as regards proceedings for death or personal injury or damage to or loss of tangible property caused: by an act or omission in the united kingdom; nor is there immunity in the case of proceedings relating to united kingdom patents, trade marks, and similar rights belonging to the state, or to the alleged infringement in the united kingdom .....

Saw Pipes Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)1036

..... in law. cancellation of the assessment is called for only if there is something totally or basically wrong in the assessment and is not capable of being remedied by amendment to the assessment order itself. it will be appreciated that out of six issues outlined in the show-cause notice, the learned cit found the assessment order erroneous only ..... without proper examination. in this connection, you may refer to the judgment of the hon'ble delhi high court in the case of cit v. motor general finance ltd. (2002) 254 itr 449 (del), wherein the court held as follows : "from the conspectus of the decisions as noticed hereinbefore, there cannot be any doubt whatsoever that the nexus ..... the courts in the following cases that revision under section 263 of the act is not warranted even where only a facet of a claim has been examined by the cit(a) :p. das & co. v. dy. cit 8. sahara india mutual benefit co. ltd. v. asstt. cit (2002) 74 ttj (all) 67ito v. ahmedabad engg. & services co-op. society .....

Hero Honda Motors Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)103ITD157(Delhi)

..... accounting for warranty from cash to mercantile system. according to assessee, this change in method of accounting became necessary in view of the amendments to provision of section 209(3) of the companies act, 1956, whereby the assessee was required to follow the accrual system of accounting. the assessee also made a reference to the opinion ..... that payments made for the right to have access to the technical knowledge and the fruits of continuing research and experience of a foreign company and to use its patents and trademarks were on revenue account. in alembic chemical works co. ltd. v. cit (supra), the supreme court again held that a lump sum consideration ..... i) cit v. sudarshan chemicals industries ltd. (2000) 245 itr 769 (bom) (iii) ifb agro industries ltd. v. dy. cit (2003) 78 ttj (cal)(sb) 177 : (2002) 261 itr 17 (cal)(sb)(at) 36. the learned departmental representative relied on the orders of the revenue authorities. we have considered the rival submissions. as far as the interest .....

Ms. Payal Kapur Vs. Asstt. C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)104TTJ(Delhi)690

..... that compensation was also paid for certain., changes made in jva on account of replacement of gillette by newell rubbermaid and in this connection, reference was made to amended clause 2.2 and new products were introduced alter newell joined in joint venture. we are unable to find any substance in this contention.in the notice dated ..... it be held that amount received by assessee's was merely a capital receipt and, not assessable to tax as business income under section 28(1) of the act.11. we have heard the rival contentions, carefully considered the submissions made by both the parties and perused the material on record. we first deal with the preliminary ..... of carrying business or profession and, since receipt arose from the material breach of joint venture agreement, it was exigible to tax. under section 28(i) of the act. it was. further held that members of jain group through the instrument of joint venture agreement, not only contributed to the formation, promotion and financing of joint .....

Poonam Rani Singh Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... court 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 income tax act w.e.f. 1,4.1989, the assessing officer could not only assess or reassess the escaped income in respect of which proceedings under ..... 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 147. after the amendments made to section 147 with effect from april 1, 1989, the condition precedent is only that the assessing officer should have reason to believe that income chargeable to ..... so because the formation of belief by the assessing officer is within the realm of subjective satisfaction." 17. in the case of damodar h. shah v. asst. 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 requisite .....

Shri Shahid Atiq L/H of Late Sh. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)98TTJ(Delhi)971

..... issue already adjudicated by the tribunal i.e. validity of the notice issued under section 148 of the income-tax act and consequently the validity of the assessment order, part "b" relates to remedy for issuing additional directions by amending the order of the tribunal. we will take up these two parts separately in the following manner: part "a" ..... this regard has been clarified by the hon'ble delhi high court in the cases of ms. deeksha suri and ors. v. itat and ors. ; karan & co. v. itat (2002) 253 itr 131 (del.); and cit v. vichtra construction (p) ltd.cit v. vichtra construction (p) ltd. (supra), the hon'ble high court has held as under: " ..... 11) without recalling or reviewing the order, on issues already adjudicated by the tribunal, the omission or error on the part of itat can be corrected or rectified by amending and adding something to it without subtracting anything from the main order. (12) there is legal obligation on the part of itat to rectify errors committed by the authorities .....