Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: income tax appellate tribunal itat delhi Page 1 of about 7 results (0.063 seconds)

Additional Commissioner of Vs. Nestle India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

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

..... sales and marketing improvement team (smit) undertook a 4 months' smit exercise in india as a part of major global initiative of nestle to enhance sales and marketing productivity on a worldwide basis.following three critical areas were identified from the point of view of the growth objectives of the sales : - expand distribution to reach one million retail outlets on a regular basis; the aim was to access and evaluate various operations with a view to optimize the ..... of india had in terms of indian industrial policy announced in 1991 and still in force allowed indian companies to pay royalty up to 5 per cent on domestic sales and 8 per cent on export sales whereas the royalty paid by the assessee was only 3.5 per cent on domestic sales and 5 per cent on export sales.according to the assessee, the payment of fixed amount for technical assistance fee was not the best thing ..... the said royalty were fully covered by the provisions of section 40a(2)(b) and section 92 of the it act, 1961.although gross payment of 4.2 per cent on domestic sales and 6 per cent on export sales had actually been paid by the assessee, a comparison of net payment (after tds) of 3.5 per cent and 5 per cent for domestic sales and export sales, respectively, was made against overall gross limits of 5 per cent and 8 per ..... product specific information, like recipes and manufacturing instructions, all operational aspects of factory operations as well as safety, environment protection and quality assurance.45. .....

Slocum Investment (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101TTJ(Delhi)558

..... express newspaper limited , hon'ble supreme court has held that the profits and gains of business and capital gains are two distinct concepts in the it act, the former arises from the activity which is called business and the latter accrues because capital assets are disposed of at value higher than what they cost the assessee ..... it was submitted by the learned counsel that the expression "substantive assessment" is always used in contradistinction to "protective assessment" and when there is no protective assessment the assessment on a substantive basis is without any purpose and not valid in law. ..... . 3 to 13 of 'assessee's paper book, it was submitted that the assessee is a closely held domestic company incorporated in india with the primary objective of carrying on the business of investment company and to, inter alia, buy, invest, underwrite, acquire shares/other ..... . asstt.cit (2005) 94 ttj (kol) 169 wherein it has been held that provisions of section 158bh make the other provisions of the act applicable while making a block ..... . cit (2005) 95 ttj (asr) 461 : (2005) 95 itd 152 (asr) wherein it has been held that any defect in notice under section 158bc of the act will not vitiate the order of ..... . ito (2005) 96 ttj (mumbai) 673 : (2005) 96 itd 1 (mumbai) wherein the above principle has been laid down after making a reference to the later decision of the hon'ble supreme court in the case of cce ..... . cit (2005) 95 ttj (del) 825 : (2005) 95 itd 489 (del) and the hon'ble high court in the case of .....

Slocum Investment P. Ltd. (Now Vs. the Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

..... (a) it is the discretion of the tribunal to admit or not to admit a new ground to be raised before it, (b) if the tribunal is required to only consider a question of law arising from the facts which are on record in the assessment proceedings such question should be allowed to be raised and (c) that the proceedings before the tax authorities are for correctly assessing the tax liability of an ..... were executed on 26.7.1999, the financial results for the year ending 30.6.1999 showing higher profits were purposely ignored especially when as per the cci guidelines, if the profits are rising consistently from year to year at a steady ratio and there are reasons to believe that the rising trend will be maintained, the average profit was expected to be calculated on a weighted basis ..... court has held that the profits and gains of business and capital gains are two distinct concepts in the income tax act, the former arises from the activity which is called business and the latter accrues because capital assets are disposed of at value higher than what ..... expression "substantive assessment" is always used in contradistinction to "protective assessment" and when there is no protective assessment the assessment on a substantive basis is without any purpose ..... 3 to 13 of assessee's paper book, it was submitted that the assessee is a closely held domestic company incorporated in india with the primary objective of carrying on the business of investment company and to, inter-alia, buy, invest, ..... 2005 .....

Nestle India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)498

..... the learned ao has made part disallowance of the assessee's claim of deduction on account of agreements with spn on the following grounds: (a) the assessee refrained from furnishing to the ao the full details as asked for and thus not allowing the ao to examine in depth the correctness or otherwise of the assessee's claim ..... connected to computer system and were not used for any other purpose and further fact that the computer could not have functioned properly without support from ups, lhey were considered as integral part of computer and capitalised so and accordingly depreciation at the rate applicable to computer was claimed. ..... had claimed to have paid the royalty @ 3.5 per cent on domestic sales and 5 per cent on export sales net of taxes and by including the tax of 20 per cent and cess of 5 per cent, the payment of technical fee/royalty on domestic sale becomes 4.41 per cent and on export sale becomes 6.3 per cent ..... material that the assessee might have taken the advantage of liberalization of industrial policy from the year 1991 in judicial proceedings, suspicion howsoever strong cannot take place of material ..... from the detailed submissions of the learned counsel for the assessee in this behalf during the course of a number of sittings on various dates which we have attempted to summarise from paras 41 to 64 of this order, we are satisfied that the assessee had successfully discharged the burden of proof which lay upon him under the provisions of section 37(1) of the act ..... 2005) .....

Amadeus Global Travel Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113TTJ(Delhi)767

..... subscriber agreement entered into by the nmc with the travel agents is primarily with the purpose to protect the misuse of computer equipments, unauthorized access, etc. ..... in such cases, the court held that it will be doing no violence to the meaning of the words 'accrue or arise' if the profits attributable to the manufacturing business are said to arise or accrue at the place where the manufacture is being done and the profits which arise by reason of ..... , the cit(a) confirmed the order of the assessing officer in: (b) holding that 100% of the profits in respect of segments booked from india through the crs are liable to tax in india and (c) confirming the levy of interest under section 234a and 234b of the act.the appellant is in appeal before the tribunal (ita no. ..... , 1023 & 1024/del/2005 are directed against the common order of the learned commissioner of income-tax (appeals)-xxix, new delhi, dated 28.12.2005 in an appeal against assessment framed under section 143(3) read with section 250 of the act.1.3. ..... profits will evidently depend on the facts of each case and the nature of services rendered by the bpo unit, and the same has to be determined in accordance with the provisions of the treaty applicable and the domestic law. ..... 1022, 1023 & 1024/del/2005 have become infructuous on the ground that the computation of income is a mere academic exercise and hence not ..... 1023/del/2005 and 1024/del/2005) against the aforesaid orders of the cit(a) for the assessment year 1997-98 and 1998 .....

Cargill India Pvt. Ltd. Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)300ITR223(Delhi)

..... the penalty order and the show cause notice where it was time and again stated that documents filed by the taxpayer by 16.11.2005 were inadequate (para 14 of penalty order under section 27ig) whereas in para 29 of the same order, it is stated as under: as seen from the above paragraphs, the assessee company had not furnished proper documentation as required statutorily in section 92d read with rule 10d ..... not treated as insufficient and is requested that the same be furnished according to the rules.12.3 the taxpayer filed further information on december 20/23.12.2005 with a covering letter which had the following references: with reference to the personal hearing before your goodself today, we, under instructions from, and for and on behalf of the assessee, attach herewith the working of application of tnmm in respect of the following international transactions ..... the taxpayer had tried to give information prescribed under rule 10d(1) as under: information/documents as prescribed under section 92d of the act read with rule wd of the rules: (a) description of the ownership structure of the assesseeenterprise with details of shares or other ..... in the relevant period, was engaged in the business of import, export and domestic trading in edible oils, fertilizers, grains, oil seeds and other food products ..... while it is necessary to protect our tax base, there is a need to ensure that the tax-payers are not put to avoidable hardship in the implementation of these regulations.16.4 shri agarwal .....

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

Court : Income Tax Appellate Tribunal ITAT Delhi

..... we hasten to add here that the tpo would not be justified in determining the fair price in respect of components and parts being supplied by suzuki to maruti solely on the basis of the price charged by domestic auto part manufacturers from maruti, since the case of maruti has been that suzuki owns intellectual property rights in respect of the parts and components supplied by it to maruti, whereas indian vendors did not have any such rights which ..... indirect costs of production incurred by the enterprise in respect of property transferred or services provided to an associated enterprise, are determined; (ii) the amount of a normal gross profit mark-up to such costs (computed according to the same accounting norms) arising from the transfer or provision of the same or similar property or services by the enterprise, or by an unrelated enterprise, in a comparable uncontrolled transaction, or a number of such transactions, is determined; (iii) the normal gross profit mark-up referred to in sub- clause (ii) is adjusted to take ..... 80hhc(3) of the act by amendment of the tax laws (amendment) act, 2005 with retrospective effect. ..... while it would be necessary to protect our tax base, there is a need to ensure that tax-payers are not put to hardship in the implementation of these regulations. ..... ar, it would amount to doing violence to the unambiguous language of the provision by importing certain words in it, which is obviously impermissible. .....