Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 78 repeal and saving Court: income tax appellate tribunal itat mumbai Page 2 of about 18 results (1.698 seconds)

The Morarjee Goculdas Spg. and Vs. Dy. Commissioner of Income Tax,

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... upon in the impugned order was as a result of the search in the case of the assessee. the learned departmental representative emphasized the amendment to section 158bb(1) by the finance act, 2002 with retrospective effect from 1.7.95 to the effect that the undisclosed income shall be computed "in accordance with the provisions ..... of account or "other" documents and such other materials or information as are available with the assessing officer and relatable to such evidence. evidently, therefore, the amendment in the section further clarifies the previous position that the computation of undisclosed income is to be done with reference to the evidence relatable to the evidence found ..... been any allegation of undisclosed income. thus, on the facts of the case it was patent that entries in the books of accounts or other documents or transactions were bound to be disclosed for the purpose of income-tax act or else the proceedings in question would not have arisen. in relation to the insertion by .....

Addl. Cit Vs. Kwality Frozen Foods Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)1SOT243(Mum.)

..... neither the expression goodwill nor trademark found place in the statute. thereafter the term 'goodwill'was brought in to the provisions by the finance act, 1994. the said amendment was with effect from 1-4-1995. the goodwill was liable to be treated as a capital asset for the purpose of capital gains ..... purpose of levy of capital gain tax. those inclusions were brought in the provisions of section 55(2) by the finance act, 2001. the said amendment is clarificatory or explanatory in nature. the amendment is in fact explaining the different manifestations of the expression "goodwill' and reiterating the applicability of the expression on "trademark ..... authored by william pickles, third edition, in support of his proposition. the said commentary states that goodwill arises mainly for patent and trademark protection and the purchaser of goodwill acquires the trademarks, patents, copyrights etc. of the business as well as the benefits of contracts and all the benefits accruing from the location, .....

Mrs. Sheila Anil Paul Vs. the Acit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)90ITD605(Mum.)

..... he has mentioned that the said citation was not applicable. further according to him provisions of this section have been amended by the finance act, 1997 and accordingly the deduction now available only with respect of income received for patent, invention, design or registered trade mark and not for "professional services" which were earlier available in the old ..... trade and merchandise marks act, 1958, likewise for the purpose of patent there is patent act as well.after elaborating on the word "design" ld. a.r has drawn our attention on the facts of the case in respect ..... manual means. ld. a.r has further advanced his arguments that the terms used in section 80-o i.e.patent, invention, design or registered trade mark should be understood as defined in the respective acts, because most of these terms are otherwise governed by different statutes. for the purpose of trade mark there is .....

P.N. Writer and Co. Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the wordings 'fees, commission, etc.' have been dropped and the work 'any income' is added in the amendment to section 80-o. therefore, after amendment, as long as there is income arising out of the user of the patent, invention, design or registered trademark, such income would be entitled to deduction under the provisions of section 80-o ..... into, india, in computing the total income of the assessee and no deduction shall be allowed in respect of the assessment year beginning on the 1-4-2005 and any subsequent assessment year: provided that such income is received in india within a period of six months from the end of the previous year, or ..... enables him to charge that higher fee and the higher fee is attributable to the registered trademark.20. while taking us through section 80-o of the act he emphasized that the section nowhere requires that the registered trademark should have been necessarily registered in india. the learned commissioner (appeals) has unnecessarily emphasized on the .....

Vyomit Shares, Stocks and Vs. the D.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)106ITD408(Mum.)

..... mentioned that with effect from ay 1999-2000, the scope and ambit of section 32 has been enlarged as per the amended sub-section (1) of section 32, which is as under: (ii) know-how, patents, copyrights, trade marks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired ..... course of hearing, the ld. counsel for the assessee has invited our attention to the provisions of section 32 of the it act with the submission that the depreciation is allowable on know-how, patent copy rights, trade marks license, franchise or any other business or commercial rights of similar nature, being intangible assets acquired ..... the 'documentation service' as specified in clause 3 constituted a 'book' and fell within the definition of 'plant' in section 43(3) of the it act. the purpose of rendering such documentation service by supplying these documents to the appellant was to enable it to undertake its trading activity of manufacturing theodolites and .....

Siemens Aktiengesellschaft Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1987)22ITD87(Mum.)

..... statute or is wholly or partially incorporated therein.it has also been stated that the rule that the repeal or amendment of an act which is incorporated in a later act has no effect on the later act, or on the provisions incorporated therein is subject to certain exceptions. in the present case we are concerned with ..... the explanation, viz., imparting of information, relating to user of patents, designs, secret formula, etc., as also the outright transfer of rights relating to such items of property.21. according to the learned counsel, property for ..... beyond the acceptable general meaning of the term 'royalty' and took within its ambit, consideration paid, for the outright transfer of all or any rights in patents, trade marks, etc., also. the definition also took within its purview amounts paid for rendering of any services in connection with the various activities referred to in .....

Morarjee Goculdas Spg. and Wvg. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)98TTJ(Mum.)201

..... relied upon in the impugned order was as a result of the search in the case of the assessee. the learned departmental representative emphasized the amendment to s. 158bb(1) by the finance act, 2002 with retrospective effect from 1st july, 1995 to the effect that the undisclosed income shall be computed "in accordance with the provisions of ..... the learned counsel for the assessee argued that there ought to have been some specific information found during the search at the premises of the assessee. even the amended provision speaks of evidence found as a result of search and other materials or information relatable to such evidence. this showed that the evidence has to be found ..... not have been any allegation of undisclosed income. thus, on the facts of the case it was patent that entries in the books of account or other documents or transactions were bound to be disclosed for the purpose of it act or else the proceedings in question would not have arisen. in relation to the insertion by the .....

Anant R. Thakore Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)5SOT298(Mum.)

..... when proceedings are first initiated in and before the decision is given, be an inferior court. a pre-existing right of appeal is not destroyed by virtue of an amendment which is not made retrospectively by expressed words or necessary intendment. the ahmedabad bench of itat in the case of j.k. chaturvedi (supra) has taken liberal view ..... xiv-b and amount which is not covered by said definition cannot be subjected to tax in block assessment even though declared as such by an assessee commit a patent mistake of fact or law while filing his return of undisclosed income under section 158bc, he cannot be assessed on such incorrect income merely on basis of admission ..... payment of self assessment tax liability. in facts and circumstances of the case, in the interest of justice and keeping in mind the object and scheme of the act, we set aside the order of commissioner (appeals) and restore the matter to him with direction to decide the same on merit after providing opportunity of bearing to .....

National Health and Education Vs. Assistant Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1999)70ITD330(Mum.)

..... his lordship, the legislature must be presumed to have used the expression with an altogether different intention qua charity, as otherwise there was no need to bring about an amendment (in 1970) incorporating the word 'philanthropy' in s. 10(22a). his lordship then referred to the english decision in macduff vs. macduff (1896) 2 ch ..... , greater bombay region, bombay, has been furnished. the certificate shows that the hospital has, apart from complying with the provisions of the bombay public trusts act and maintaining prescribed registers according to the rules framed thereunder, also reserved and earmarked 10 per cent of the total number of operational beds and 9 per ..... it also shows that indigent patients treated free of charge and the weaker sections of the people are charged at subsidised rates, as required by the aforesaid act. page 48 is a certificate given by the joint director of health services, directorate of health services, government of maharashtra, on 14th june, 1990, regarding .....

income Tax Officer Vs. Ranisati Fabric Mills P. Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)116TTJ(Mum.)177

..... . ltd. v. cit through which the controversy in this regard has been set at rest. the hon'ble punjab and haryana high court have held that the amendment by the finance act, 1987 was thus held to remedial in nature. the question of law raised before the hon'ble punjab and haryana high court is with regard to applicability of ..... officer be restored. 6. the appellant craves leave to amend or alter any ground or add a new ground which may be necessary.2. during the course ..... appreciating the fact that it is clearly not allowable in view of under section 43b of the it. act, 1961. 5. further, placed in the above factual and legal scenario, the impugned order of the learned cat (a) is the appellant prays, patently perverse and contrary to law and consequently merits to be set aside and that of the assessing .....