Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 40 offences relating to force court Court: income tax appellate tribunal itat delhi Page 1 of about 45 results (0.105 seconds)

M/S United Leasing and Industries Ltd. Vs. Dy. Commissioner of Income ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... delhi, which was dishonoured and the assessee company has filed criminal complaint against m/s crest export pvt. ltd. u/s 138 r/w section 142 of the negotiable instruments act, 1981. 6. the ar submitted that the authorities below ignored the above dispute between the assessee and m/s crest export pvt. ltd. and made the disputed addition of ..... accordingly, the services of a company secretary were used who concluded that the said crest exports pvt. ltd. was not a company covered under section 301 of the company's act 1956 and issued a certificate. " 3.2 in this regard, it is found that ao has made addition by observing that interest paid to unsecured loans to related person ..... institutions to that extent cannot be held to be use of funds for business purposes and no deduction accordingly can be permitted under section 36(1)(iii) of the act. in that judgment it is inter-alia held that the theory of nexus has no relevance for consideration of point in issue as different sources of receipts in a .....

Mitsui and Company Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... payment as per details given below : -------------------------------------------------------------------- financialyear amount of short interest under s. deduction of tax deposited 201(1a) of the later act -------------------------------------------------------------------- rs. rs. -------------------------------------------------------------------- 1989-90 7,33,636 6,64,099 1990-91 47,17,597 37,11,590 1991-92 1,46 ..... infrastructural facilities incidental to trading activities. the company was granted permission by the reserve bank of india under the foreign exchange regulation act to set up a liaison office allowing to undertake only liaison work and not any activity of trading, commercial or industrial nature ..... separate books of account and also maintained separate bank accounts. each office was headed by a general manger. the general managers acting as disbursing officers paid salaries to its employees as per the terms of their appointment in india. both obtained tax deduction account .....

Escorts Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)104ITD427(Delhi)

..... that he was never informed about the proposed merger of the delhi society with the chandigarh society. thus the provisions of section 12 of the societies registration act, 1860, were violated. (c) the minutes books of the chandigarh society found during the course of survey by the investigation directorate, chandigarh, revealed that ..... the chandigarh society contemplates vesting of all assets of the delhi society with the chandigarh society and by virtue of the provisions of the societies registration act, 1860, in particular section 13 thereof the properties of the delhi society vest with the chandigarh society, the moment the formalities required for such ..... division related to production, planning, hr and payroll planning, etc.the expenditure has been claimed as revenue expenditure deductible under section 37(1) of the act. the ao held that the impugned expenditure resulted in enduring benefit to the assessee and therefore was liable to be considered as a capital expenditure. he .....

Housing and Urban Development Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)102TTJ(Delhi)936

..... state financial institutions besides banks and public financial institutions. the definition of the word 'interest' was also modified.10. in the scheme of the act, section 5 of the act defines the scope of chargeable interest to mean the total amount of interest of a credit institution other than interest on loans and advances to other ..... as well. the learned departmental representative further seeks to draw attention of the bench to the expression used in sub-section (7) of section 2 of the act is 'loans and advances'. the assessee's counsel however, has sought to rely upon the judgments of various courts which have considered the definitions of 'loan' and ..... , contended that in that view of the matter interest earned on deposits and securities bonds would fall outside the scope and ambit of chargeable interest under this act.7. shri dwivedi also states that if the tribunal is of the view that two interpretations are possible, then also the possible interpretation which reads favourable to .....

Sheraton International Inc. Vs. Deputy Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)293ITR68(Delhi)

..... each department while giving approval to a particular agreement examines that agreement from its own angle and within the mandate provided to that authority under the particular acts or rules and, therefore, such approval does not preclude the other departments from examining the nature of payment under the relevant statute. he, therefore, finally ..... services rendered entirely outside india on a global basis and the provision of reservation facility and accordingly, the same cannot be regarded as 'royalty' under the it act. 2(c) that without prejudice to the above, even otherwise the learned cit(a) fell in error in not appreciating that since there existed a double ..... having granted no objection certificate under section 195(2) for making remittance to the appellant without deduction of tax at source over the past several years, acted whimsically and illegally in reopening the assessment for the impugned assessment year under section 147 on a mere change of opinion. l(b) that accordingly, the .....

Smt. Krishna Verma and Subhash Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113ITD655(Delhi)

..... the panchnamas, the signatures of the panchas and the assessees therein, the orders of restraint, their revocation, etc., all of which show that the official acts were regularly performed by the departmental authorities. in the light of this material, the averments in the affidavit cannot be relied upon and it cannot be said ..... for the assessee that the affidavit filed by the assessees remained uncontroverted. besides the affidavit, which is insufficient to displace the presumption flowing from the acts regularly performed by the authorised officers conducting the search, there is no other evidence to show that the search was actually completed on 12th march, 1999 ..... drawer and seized the files. therefore, the order passed under section 158bc on 30th april, 2001 was barred by limitation provided in section 158be of the act and hence requires to be annulled. further, in continuation to his arguments, the learned authorised representative submitted that the affidavit of the assessee dt. 24th .....

Deputy Commissioner of Income Tax Vs. Royal Jordanians Airlines

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)283ITR28(Delhi)

..... from local courts in all circumstances except those specified in other provisions of the convention. those circumstances include most of those which would be regarded as acts jure gestionis, as well as certain others, such as waiver of immunity, which are generally admitted to permit proceedings against a foreign state." the learned ..... of lords and now "restrictive" doctrine of immunity applied, both to actions in rem and in personam.these common law developments were embodied in the state immunity act, 1978 in england. "commercial transaction" was defined and it extended to "any other transaction or activity (whether of a commercial, industrial, financial, professional or ..... representative argued at considerable length that there is considerable shift in the approach over the course of years and trend now is to draw distinction between the acts of a state in its sovereign capacity (acta jure imperil) and those of a private law or commercial character (acta jure gestionis). the learned .....

Goetze (India) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)112TTJ(Delhi)1

..... ao could have, with due diligence, discovered the material evidence, does not necessarily amount to a disclosure within the meaning of the proviso to section 147 of the it act. in that case it was also held that there may be presumption that the assessment proceedings have been regularly conducted, but there could be no presumption that even when ..... 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year.in view of the above proviso to section 147 of the it act, no action can be taken for reassessment after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has ..... : (2001) 77 itd 548 (mumbai) and its own case for asst. yr. 2000-01, where a similar issue was examined by the cit under section 263 of the act and upon such examination it was held that prior period expenses are allowable. in view of the decisions mentioned above and submissions of the appellant, there is no justification for .....

Motor and General Finance Ltd. Vs. Dcit, Spl. Range-16

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)90ITD449(Delhi)

..... ., far in excess of the amount invested in shares and bonds, as per their charts, then the claim of the assessee for deduction under section 80m of the income-tax act shall be allowed. the issue shall, therefore, be considered and decided in the light of our observations made above and according to the directions given, of course, by providing ..... had to be drawn against the assessee (emphasis supplied by us). as the assessee could not produce any document, an adverse inference in terms of section 114 of the evidence act, 1872, had to be drawn to the effect that, had those documents been produced, they would have gone against the interest of the assessee." 9.25 in view of ..... income-tax officer was right in disallowing the difference between interest paid to the banks and interest recovered from the directors under section 36(1)(iii) of the income tax act, 1961." 9.21 it may be pointed out that in the case of h.r. sugar factory pvt.ltd. (supra), there was a director nexus between the borrowed .....

Dy. Cit Vs. M/S. Escorts Tractors Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)91TTJ(Delhi)905

..... the show at nehru stadium, i held that no justification has been given in support of their allowability as advertisement expenses under section 37(3) of the income tax act. hence, addition to the extent of rs. 76,625 is hereby confirmed." after considering the nature and details of the expenditure, we find that the learned commissioner ( ..... by the appellant's learned counsel the expenditure on cost of construction of score board could not be considered allowable under section 37(3) of the income tax act provided it was proved that the same was used for advertisement purposes by the appellant itself. appellant has a number of sister concerns under the escorts group of ..... the payment was made for development of crank-shafts. the amount is allowable as deduction under section 35(1) read with section 37(1) of the income tax act. it was stated that such payment had been allowed as deduction in the preceding assessment year. my attention was specifically drawn to the appellate orders in appellant's .....