Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 145 orders pending suspension of sentence Court: income tax appellate tribunal itat mumbai Page 1 of about 2 results (0.135 seconds)

Tata Chemicals Limited Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1998)67ITD56(Mum.)

..... - vii s. p. pandey - promoted14. g. c. negi app. authority audit - iii kamlesh argal - promoted16. prakash chandra dc(osd) sett. comm. h. c. sakharwal - promoted17. mrs. seema dc(osd) sett. comm.v. k. bakshi k. patra18. l. r. singh dc(hq) admn.ddi, unit - ii karn singh - promoted19. sudhir chandra sr. a. r. cent. rg. ..... would be that mr. tralshawala's appointment as "authorised representative' is invalid, and the further consequence would be that he cannot validly appoint mr. modi "to act" for him.28. arguments were advanced by both sides on the question whether the requirement that the notification should be gazetted is a mandatory requirement or is ..... , where the cleavage between the original and appellate jurisdictions continued to be marked due, as we have seen, to historical reasons, the functions of pleading and acting, which a legal practitioner normally combines in his own person were bifurcated and assigned, following 'the usage and the peculiar constitution of the english bar' (per .....

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... and appellant earned dividend income at rs. 1,82,12,862/- which was not taxable in view of section 10(33) of the income-tax act.particulars purchase sale gain/loss dividend date amount date amount date amountunits of 24.3.00 80000000-------------------------------------------------------------------------------- 29.3.00less 2376778 27.3.00 59055207. ..... investment. g) dividend is distributed from accumulated profits of a company with reference to its subscribed share capital in accordance with the provisions of companies act; whereas mfs distribute income from its 'equalization reserve' comprising profits and premium charged on sale of units as per sebi regulations." 35. the ..... assessee filed appeal before the learned cit(appeals). the assessee submitted that units of mutual funds were regulated by an independent body constituted under the act of parliament, viz., sebi. the assessee had followed the prescribed procedure and the transactions with the mutual funds were at arms length. the .....

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 .....

Dy. Cit, Range 3(1) Vs. Dwarkaprasad Anil Kumar

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)110ITD247(Mum.)

..... and in the case of cit v. john fowler (india) ltd. . hence it was clear that where approval of specific authority was required to perform any act the act could not be termed to have been performed prior to the said approval. further it was held by the hon'ble bombay high court in the case of cit ..... , who along with other two investment companies, viz., pnit and scrm were family controlled companies of agarwals through tshl, a company incorporated under the mauritius companies' act, 1984. the shares of tshl were held by shri dwarkaprasad agarwal and shri agnivesh agarwal in the ratio of 50 per cent each. these three investment companies ..... in turn made investment in shares of siil and malco. it was contemplated that the investment companies be liquidated under the voluntary dissolution provisions of the companies act, 1956. on liquidation, the assets and the liabilities of the investments companies will be distributed in specie to the shareholder namely tshl and thereafter the shares .....

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 .....

The Dcit Vs. Tata Investment Corporation Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... from which is earned by way of dividend income and interest income. the dividend income is exempt from tax under the provisions of section 10(33) of it act. as admitted by the assessee during the course of assessment proceedings 57.34% of the total income is attributable to dividend income. accordingly, the assessee had in ..... no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under this act: provided that nothing contained in this section shall empower the assessing officer either to reassess under section 147 or pass an order enhancing the assessment or reducing ..... assessee company had received gross dividend of rs. 2679.29 lakhs, which was claimed as exempt under the provisions of section 10(33) of the i.t. act. no part of expenditure had been allocated towards the earning of this income.the assessing officer invoking the provisions of section 14a requisitioned the assessee company to explain .....

institute of Banking Personnel Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1998)67ITD160(Mum.)

..... it reads as follows : "the dissolution of the society and adjustment of its affairs shall be in accordance with sections 13 and 14 of the societies registration act (act xxi of 1860) as amended from time to time, or in accordance with the provisions of any other law relating thereto. we, the several persons whose names ..... the memorandum prohibiting the appellant society to distribute profits but the dissolution has to be done in accordance with sections 13 and 14 of the societies registration act and underthese sections on the dissolution of the society, any surplus remaining shall be given to some other society and no member is to receive profit on ..... then there is no other charitable activity being carried on. (4) the income received for rendering specific services is correctly includable under the provision of income-tax act. (5) since the trust is conducting the activities they are not charitable and, therefore, the institution is not eligible for the benefit of exemption under section .....

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 .....

Acit - 1 (3) Vs. Weizmann Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... business or profession for any previous year, deduction of depreciation under section 32 shall be mandatory. therefore, the provisions of section 32(2) as amended by finance act, 2001 would allow the unabsorbed depreciation allowance available in the a.y. 1997-98, 1999-2000, 2000-01 and 2001-02 to be carried forward to the ..... a provision to that effect. however, it does not contain any such provision. hence keeping in view the purpose of amendment of section 32(2) of the act, a purposive and harmonious interpretation has to be taken. while construing taxing statutes, rule of strict interpretation has to be applied, giving fair and reasonable construction to ..... on account of short term capital gains and dividend income. the appellant has placed reliance in this regard on the provisions of section 32(2) of the act read with provisions of section 71. a combined reading of both the provisions clearly show that a carry forward unabsorbed depreciation merges with the depreciation of the .....

Deputy Commissioner of Vs. Maharashtra State Road Transport

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)100ITD187(Mum.)

..... but be detrimental to the public interest as it also entails avoidable wastage of public money and time. various departments of the government are its limbs and, therefore, they must act in co-ordination and not in confrontation. filing of a writ petition by one department against the other by invoking the extraordinary jurisdiction of the high court is not only ..... a court of law. such a course is detrimental to public interest as it entails avoidable wastage of public money and time. these are limbs of the government and must act in co-ordination and not confrontation. the high powered committee is set up not only to conciliate between the government departments. there could not be frivolous litigation proposed by a .....