Judgment Search Results Home > Cases Phrase: provisional collection of taxes act 1931 Court: income tax appellate tribunal itat pune Page 1 of about 1 results (0.012 seconds)

income-tax Officer Vs. Poona Club Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1984)9ITD338(Pune.)

..... the commodities are available at a cheaper price so that at the end of the distribution of the commodities among themselves, a part of the original amount provisionally collected is repaid, then what is repaid cannot by any test be classified as income. ..... arc clear authorities for the proposition that in determining whether the shares of beneficiaries are determinate and known, so that assessment should be made under sub-section (1) of section 41 of the income-tax act, what the revenue authorities have to see is whether such shares are known, and specific during the accounting period ..... supposing a dozen persons gather together and agree to purchase certain commodities in bulk and distribute them among themselves in accordance with their individual requirements, they may collect a certain amount provisionally based on the anticipated price of the commodities to be purchased. ..... and says that the transaction between the club and the members shall be treated as a sale as has been done by the tamil nadu general sales tax act, there will be no question of any trading between the club and its members. ..... by the ito as far back as in the assessment for 1958-59, and his findings were confirmed in appeal that the club although a corporate body and registered under the companies act, 1913, was essentially a members' club and its dominant object was not to carry on any business but to provide certain amenities and conveniences to its members. ..... under the indian companies act, 1913, on 31-8-1931. .....

i.D.O.R.i. (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2008)112ITD149(Pune.)

..... patankar agreed that they shall not carry on the aforesaid professional activities either individually or collectively and shall not do or omit to do any act which will be competing to or detrimental to the interest of the assessee company.the restrictive covenant was to be operative for a period of five years from the date of the agreement by which time the assessee company expected to build ..... a year on 31st july, 1991 that another agreement was entered into between the assessee company and the three doctors providing for the impugned payment to them at the rate of 1.66 per cent of the total collection of ct scan, ultrasound and x-ray to each one of the three doctors for a period of 25 years w.e.f. ..... in terms of this agreement each one of them are to be paid by the assessee company at the rate of 1.66 per cent of the total collections in respect of ct scan, ultrasound and x-ray w.e.f. ..... in terms of this agreement, the assessee company agreed to pay to each one of the three doctors, at the rate of 1.66 per cent of the total collection on ct scan, ultrasound and x-ray, w.e.f. ..... 31st july, 1991 leave no doubt in our mind that the impugned payment does not qualify the conditions mentioned in section 37(1) of the act. .....

i.D.O.R.i. Pvt. Ltd. Vs. the Dy. Cit, Sr-1

Court : Income Tax Appellate Tribunal ITAT Pune

..... patankar agreed that they shall not carry on the aforesaid professional activities either individually or collectively and shall not do or omit to do any act which will be competing to or detrimental to the interest of the assessee-company. ..... the question whether an amount paid is application of income or diversion by an overriding title is a vexed question in income-tax law.the principles on this point have been laid down by various decisions.11. ..... in terms of this agreement each one of them are to be paid by the assessee-company at the rate of 1.66% of the total collections in respect of c.t. ..... it was after more than a year on 31-7-1991 that another agreement was entered into between the assessee-company and the three doctors providing for the impugned payment to them at the rate of 1.66% of the total collection of c.t. ..... in terms of this agreement, the assessee-company agreed to pay to each one of the three doctors, at the rate of 1.66% of the total collection on c.t. ..... the terms of the agreement dated 31-7-1991 leave no doubt in our mind that the impugned payment does not qualify the conditions mentioned in section 37(1) of the act. .....

Assistant Commissioner of Vs. Kunte Joshi and VaidyA.

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1995)55ITD6(Pune.)

..... on the facts and in the circumstances of the case, the cit (appeals) erred in holding that the motor car is plant and not a road transport vehicle for the purpose of applicability of section 32ab of the income-tax act, 1961 and thereby allowing the deduction under section 32ab of the act.the order of the cit (appeals) may be vacated and that of the assessing officer be restored." 2. ..... according to the learned departmental representative since the expression road transport vehicle has not been defined in the income-tax act, it would be necessary to consider as to how the expression is used in common parlance and popular usage. ..... in the present case, the term road transport vehicle has not been defined in the income-tax act and, therefore, it would be treated as an expression of common parlance and popular usage. ..... whereas in section 32ab (4)(c) the expression used is road transport vehicles the term used in section 2(33) of the motor vehicles act is transport vehicles.thus, the definition given in section 2(33) of the motor vehicles act cannot be utilised for the purposes of income-tax act for this reason also. ..... on a cumulative consideration of these definitions, the only conclusion which can be reached is that road transport vehicle does not include a motor car.since the motor vehicles act deals with the subject of motor vehicles and there is no definition of road transport vehicle in the income-tax act, the definition given in the motor vehicles act will have to be adopted. .....