Skip to content


Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 142 pardon and remission Sorted by: old Court: mumbai Page 8 of about 83 results (0.167 seconds)

Jun 17 2004 (TRI)

Deputy Commissioner of Vs. Indian Hotels Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)92ITD97(Mum.)

..... rival submissions and perused the facts on record. butter worth's "words and 'phrases legally defined" defines tourist amenities as follows: - in this part of this act (part i: tourist authority and tourist boards) 'tourist amenities and facilities' means in relation to any country, amenities and facilities for visitors to that country and for ..... payment of interest at a low rate. the assessee, vide its reply dated 3-2-1992, stated before the assessing officer as under: the companies act imposes certain restrictions on investments by a public company into the shares of other public companies. your assessee company operates several hotels belonging to other companies as ..... , the learned accountant member, as per his proposed order, upheld the view taken by the learned cit (appeals) in the impugned order. he held that act of giving advances forms integral part of hoteliers' business. in that light, no concession was provided with regard to advances made to the subsidiary company, which made .....

Tag this Judgment!

Jul 06 2004 (TRI)

Rubab M. Kazerani Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)97TTJ(Mum.)698

..... mou. the second party agreed to identify buyers for the property and to obtain, if necessary, clearance certificate under the provisions of the urban land ceiling act, 1976.the assessee conferred upon the second party irrevocable right to identify buyers to purchase the property and it was agreed that the second party shall not ..... and prejudicial to the interests of the revenue. he, therefore, passed the following order: "hence, the assessment order under section 143(3) of the act is hereby cancelled and the ao is being directed to examine the correct taxability of the capital gain after making necessary enquiry regarding the fair market value of ..... submitted that the ao has not conducted detailed inquiry nor passed a detailed order. therefore, the cit was right in assuming jurisdiction under section 263 of the act. on the other hand, learned counsel distinguished the facts of the case in the decisions referred to by the learned departmental representative in the case of amalgamations .....

Tag this Judgment!

Aug 11 2004 (HC)

Sayaji Hanmant Bankar Vs. the State of Maharashtra

Court : Mumbai

Reported in : 2005CriLJ412

..... need of care and protection, come under the jurisdiction of the child welfare committee constituted under chapter iii of the juvenile justice (care and protection of children) act, 2000. the committee looks into their welfare and amongst others sends them to children's home for their protection and education. this committee is a competent authority ..... to a boarding school as per the order of a child welfare committee. they are presently studying in the xth and viith standard respectively in the nageshkar bal gruha situated at village varul, taluka ambewadi, district kolhapur, vimal and her mother come and take these two children to their village aundh during the diwali ..... appealable to the court of sessions with a further revision to the high court in certain situations under section 52 and 53 of the said act. section 36 of the act, which provides for social auditing, confers power upon the state government to monitor and evaluate the functioning of the children's home periodically. looking .....

Tag this Judgment!

Aug 23 2004 (TRI)

Deputy Commissioner of Income Tax Vs. Indian Hotels Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)276ITR104(Mum.)

..... the rival submissions and perused the facts on record. butter worth's "words and phrases legally defined" defines tourist amenities as follows : "in this part of this act (part i : tourist authority and tourist boards) 'tourist amenities and facilities' means in relation to any country, amenities and facilities for visitors to that country and ..... for other people travelling within it on business or pleasure. [development of tourism act, 1969, section 2(9)]." a reading of section 80hhd and the above definition shows that the law does not distinguish between the foreign tourists who come ..... payment of interest at a low rate. the assessee vide its reply dt. 3rd feb., 1992; stated before the ao as under : "the companies act imposes certain restrictions in investments by a public company into the shares of other public companies. your assessee-company operates several hotels belonging to other companies as a .....

Tag this Judgment!

Aug 23 2004 (TRI)

The Deputy Commissioner of Vs. Indian Hotels Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... justify payment of interest at a low rate. the assessee vide its reply dated 03.02.1992, stated before the assessing officer as under: "the companies act imposes certain restrictions on investments by a public company into the shares of other public companies. your assessee company operates several hotels belonging to other companies as a ..... the parties, the learned accountant member, as per his proposed order, upheld the view taken by the learned cit(appeals) in the impugned order. he held that act of giving advances forms integral part of hoteliers' business. in that light, no concession was provided with regard to advances made to the subsidiary company, which made ..... assessee further placed on record copy of balance-sheet of the subsidiary company to contend that charging of interest at 6% was fully justified and was an act of business prudence carried on account of business expediency. the detailed submission of the assessee has been reproduced in the earlier part of this order.15. the .....

Tag this Judgment!

Aug 23 2004 (TRI)

Western Maharashtra Flourine Vs. Joint Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)7SOT572(Mum.)

..... for not allowing depreciation to the assessee. regarding the alternative plea of the assessing officer for granting depreciation to the assessee on the basis of wdv as per income tax act in the hands of the vendor by invoking explanation (3) to section 43(1), and also by invoking the judgment of hon'ble apex court in the case of ..... in the judgment of the hon'ble apex court rendered in the case of union of india v. azadi bachao andolan (2003) 263 itr 706, it was held that an act, which is otherwise valid in law, cannot be treated as non-est, merely on the basis of some underlying motive supposedly resulting in some economic detriment or prejudice to the ..... assessing officer also invoked explanation (3) to section 43(1) and held that the assessee is entitled to depreciation on the assets only on the wdv as per income tax act, 1961 in the hands of the vendor. on this basis, it was calculated by the assessing officer that the depreciation allowable to the assessee is rs. 1,22,328 including .....

Tag this Judgment!

Sep 10 2004 (TRI)

Ms. Rubab M. Kazerani Vs. the Jt. Commissioner of I.T.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)91ITD429(Mum.)

..... that the assessing officer has not conducted detailed inquiry nor passed a detailed order. therefore, the cit was right in assuming jurisdiction under section 263 of the act. on the other hand, learned counsel distinguished the facts of the case in the decisions referred to by the learned departmental representative in the case of amalgamations ..... transaction which allows possession to be taken/retained in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882, and any transaction entered into in any manner which has the effect of transferring or enabling the enjoyment of any immovable property. similarly using the ..... to an end after the building was constructed. the income-tax officer granted registration to the petitioner-firm under section 184 and 185 of the income-tax act, 1961, and for the very first year of assessment 1971-72, made assessments accordingly. the cit found that the assessing officer had not made sufficient enquiries .....

Tag this Judgment!

Sep 20 2004 (TRI)

Film Shoppe Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)95TTJ(Mum.)1056

..... k.k. sharma, the learned departmental representative, appearing for the revenue, contended that the provisions for special deductions under section 80-ia were provided in the act with the specific object of uplifting the marginal clauses by providing them suitable employment and also for the purposes of equitable development of industries in different parts of ..... but the business carried on under the direct supervision and control of the assessee, was held to be entitled for special deduction provided under section 35 of the it act, 1961. in the present case, the learned advocate submitted that the assessee is in better footing as no activity was subcontracted but machineries alone were hired ..... be permissible on account of (sic- if) depreciation in respect of such machinery or plant has been allowed or is allowable under the provisions of this act in computing the total income of any person for any earlier assessment year. the cit(a) held that by hiring out of the necessary equipments, the .....

Tag this Judgment!

Sep 22 2004 (TRI)

Mohanlal K. Shah (Huf) Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)92TTJ(Mum.)360

..... partition, as devised through arbitration award, is a colourable device to evade tax so as to render the resultant partition as not acceptable under section 171 of the it act, 1961, on the principle as enunciated in mcdowell & co. ltd. v. cto (supra). as seen above, the antecedent circumstances amply explain the fact situation ..... been defined/specified under the agreement/arrangement/award or scheme of partition, then in order that there may be a valid partition under section 171 of it act, actual physical division of the joint property of huf as per the defined/specified respective shares allotted to the members under partition agreement/arrangement/award has ..... to their respective shares in that regard. (xii) the cit(a) has also attacked the assessee on the ground that the arbitration award was not actually acted upon by the coparceners by executing legal documents transferring and assigning their respective rights, interests and titles in favour of shri harish b. shah. the absence of .....

Tag this Judgment!

Sep 22 2004 (TRI)

Mohanlal K. Shah (Huf) Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)96ITD9(Mum.)

..... as under : "49. effect of non-registration of documents required to be registeredno document required by section 17 or by any provision of the transfer of property act, 1882 (4 of 1882), to be registered shall- (c) be received as evidence of any transaction affecting such property or conferring such power, provided that an ..... /specified under the agreement/arrangement/award or scheme of partition, then in order that there may be a valid partition under section 171 of income tax act, actual physical division of the joint property of huf as per the defined/specified respective shares allotted to the members under partition agreement/arrangement/award has ..... equivalent to their respective shares in that regard.(xii) the cit (a) has also attacked the assessee on the ground that the arbitration award was not actually acted upon by the coparceners by executing legal documents transferring and assigning their respective rights, interests and titles in favour of shri harish b. shah. the absence .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //