Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 78 repeal and saving Court: income tax appellate tribunal itat mumbai Page 1 of about 18 results (0.093 seconds)

Dy. Cit Vs. Sarabhai Piramal

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... in acquisition of a trademark was held to be revenue expenditure and was allowable deduction under section 37 of the income tax act, meaning thereby, before this amendment in section 32 of the income tax act, the expenditure incurred on acquisition of trademark was considered to be revenue -expenditure in the light of the judgment of the ..... provisions of section 35a of the income tax act, the assessee is entitled either for a deduction of the entire expenditure or a revenue expenditure. if, the amendment in section 32 is called to have a retrospective effect the acquisition of ..... alembic chemical works co. ltd. v. cit . if it is not considered to be an acquisition of a patent right in the light of the .....

Bimal Bhatt Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... record. in the case of ito v. itat their lordships of patna high court have also expressed a similar observation after holding that section 254(2) of the act empowers the tribunal to amend any order passed by it under sub-section (1) with a view to rectifying a mistake from record. however, section 254(2) does not authorize the tribunal to ..... cit v. gokul chand agarwal (1993) 202 itr 142 (cal) their lordships of calcutta high court have also held that section 254(2) to the income tax act, 1961 empowers the tribunal to amend its order passed under section 254(1) to rectify any mistake apparent from the record either suo motu or on an application. if in its order there is ..... four years of the date of an order to amend any order passed by it under section 254(1) of the act with a view to rectify any mistake apparent from record either suo motu or on an application made. what can be rectified under this section is a mistake which is apparent and patent. the mistake has to be such for which .....

Rajeshkumar Porwal Vs. Dy. Commissioner of Wealth-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1992)40ITD142(Mum.)

..... connivance of owners thereof, that is, the grandsons of kesharimal porwal. [emphasis supplied]. while dealing with the effect of the proviso to section 71 of the gold (control) amendment act, 1971, the supreme court observed as follows : the proviso lays down the circumstances under which any gold which is liable to confiscation will not be confiscated. confiscation deprives the ..... the requirement of the proviso are met the gold could not be ordered to be confiscated.8.3 against this order, the collector of central excise filed a letters patent appeal no. 28 of 1982 before the division bench of the delhi high court. the division bench took note of the findings of the single judge that before ..... petition by single judge of the delhi high court and copy of the judgment dated 10-12-1981 by the division bench of the delhi high court in letters patent appeal no. 28/82 against the above-referred judgment of single judge have been filed. we find that-the cit(a) has only referred to these various .....

Mafatlal Apparel Mfg. Co. Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1998)65ITD234(Mum.)

..... 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. tax payable, if any, by the assessee is to be increased under ..... adjustment on account of ccs.the assessee filed an appeal which was dismissed by the cit(a) as in his opinion the provisions of the retrospective amendment by finance act of 1990 were clear to make ccs taxable as revenue income.6. we have heard the parties and considered their rival submissions. in our opinion, ..... incorrect in view of the decision of the special bench in the case of gedore tools (india) (p) ltd. (supra). it became incorrect when finance act 1990, introduced retrospective amendment making cash compensatory support taxable. therefore, the court held : "an assessee cannot be imputed with clairvoyance. when the return was filed, the assessee could .....

Van Oord Dredging and Marine Vs. Dy. Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... a review as is understood in legal parlance. the power is limited to correction of mistakes apparent from the record. what is significant is that the section envisages amendment of the original order of the tribunal and not a total substitution thereof. that being the legal position, the tribunal was not justified in recalling the order passed ..... it ceases to be an apparent error, the so-called inaccuracies or wrong recording of facts as alleged were not patent mistake which constitute the sine qua non for exercise of power under section 254(2) of the act.respectfully following the decisions of the hon'ble high courts including that of the hon'ble jurisdictional high court and ..... own order which is apparent from the record. this is merely a power of amending its order. the pow er of rectification under section 254(2) can jj be exercised only when the mistake which is sought to be rectified is an obvious and patent mistake which is apparent from the record, and not a mistake which requires to .....

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2000)241ITR43(Mum.)

..... subject to the provisions of this section, a deduction of the whole of such income, in computing the total income of the assessee." the finance act, 1974, amended s. 80-o retrospectively w.e.f. 1st april, 1972, to allow deduction only with reference to the income which is received in or brought ..... fees or similar payment received by the assessee from the government of a foreign state or a foreign enterprise in consideration for the use outside india of any patent, invention, model, design, secret formula or process, or similar property right, or information concerning industrial, commercial or scientific knowledge, experience or skill made ..... any similar payment received by the assessee from the government of a foreign state or a foreign enterprise in consideration for the use outside india of any patent, invention, model, design, secret formula or process, or similar property right or information concerning industrial, commercial or scientific knowledge, experience or skill made available .....

Abdulgafar A. Nadiadwala Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2000)75ITD394(Mum.)

..... does not fall within the ambit of s. 80-o as providing films on beta tapes for telecasting would not fall within the definition of patent, invention, design or registered trade mark.however, before the amendment in 1997, s. 80-o provided a deduction in respect of various other items. the assessee would be entitled to deduction if the ..... have been omitted. the assessment year involved in the present appeal is 1996-97.therefore, we have to deal with the section as it existed before its amendment by the finance act of 1977 (supra).32. a perusal of the section quoted above reveals that for getting a deduction under s. 80-o the assessee must have derived income ..... brought into india, in computing the total income of the assessee.31. this section had been amended by the finance act of 1977 (supra) and w.e.f. 1st april, 1998, the deduction is permissible in respect of the use outside india of any patent, invention, design or registered trade mark only. the words model, secret formula or process or .....

Assistant Commissioner of Income Vs. Grasim Industries

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)82ITD158(Mum.)

..... 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".we, in the present proceedings, are placed in almost a similar position ..... provisions of section 40a(7) in reference proceedings in support of its contention that provision of gratuity was not allowable as deduction. considering the retrospective amendment in the act, high court reframed the question to the effect whether tribunal was justified in holding that the amount of rs. 5,34,000 also accrued as ..... considered it both, from the factual as well as the legal angle. having considered the question thus, supreme court held that, even before the 1980 amendment, the act did not permit a deduction for depreciation in respect of scientific research assets, the cost of which had been written off under section 35. the court .....

First Wealth-tax Officer Vs. Smt. P.H. Harilela

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1984)8ITD645(Mum.)

..... these dates for considering the exigibility of the assessee to penalties. he pointed out that the relevant provision of section 18, as it stood prior to its amendment by the taxation laws (amendment) act, 1970, with effect from 1-4-1971, was to the effect that where the value of any asset returned by any person was less than 75 per ..... the relevant provisions with effect from 1-4-1971, the law on the subject was unaffected.section 18, after its amendment by the taxation laws (amendment) act, 1975, with effect from 1-4-1976, had undergone substantial change. this amendment placed on the statute book the explanation 4 which was sought to be applied by the wto and sought to be ..... the correct value. he referred us to the difference between the declared value of the assets for each of the six years and the assessed values.the case was patently covered by section 18(1)(c) read with the explanation referred to earlier. the burden lay heavily on the shoulders of the assessee to prove that the value as .....

income Tax Officer Vs. Hind Filders [P.] Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1982)1ITD323(Mum.)

..... ) that the expression 'issued' wherever and whenever it occurred should always be given the wider meaning 'served' to the expression 'issued' occurring in section 4 of the amending act having regard to the context of the provision and the amending act. we are already of the opinion that in the context of the provisions and the object of the provisions of the income-tax ..... , the high court compared the provisions of section 34(1) of the 1922 act and those of sections 147, 148 and 149 of the 1961 act and observed : "the contrast between the provisions of the 1961 act and the 1922 act becomes immediately patent. while section 34(1) of the indian income-tax act, 1922, prescribed limitation for the service of the notice on the assessee .....