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Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 42 unlawful detention of pay Sorted by: old Court: income tax appellate tribunal itat chandigarh

Feb 27 1982 (TRI)

income-tax Officer Vs. Raj Kumar Sethi

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1982)1ITD907(Chd.)

..... 40 per cent. however, the ito rejected this claim of the assessee on the ground that standard deduction provided under section 16(1) of the income-tax act, 1961 ("the act"), could only be allowed to the assessee because "the assessee is first and foremost a salaried person and all the relevant perks attached to his post are provided ..... corporation for earning the basic salary which he has himself shown as salary income but for earning the incentive bonus, which is neither covered by the payment of bonus act nor otherwise a part of salary as per conditions of employment, he has to put in efforts in propagating the virtues of insuring lives and securing business which ..... at 40 per cent claimed by the assessee.11. we have given very careful consideration to the rival submissions and the facts on record. chapter iv of the act deals with the computation of total income and in section 14 the heads of income are enumerated, salaries being the first. the connotation of salaries is provided in .....

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Sep 28 1989 (TRI)

inspecting Assistant Vs. Punjab United Pesticides and

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1989)31ITD535(Chd.)

..... more by way of ratification of the original returns and technical compliance with the provisions of law. this should have been accepted if the assessing authorities were to act in accordance with the intent and substance of sections 140(c), 139(9), 292b and other relevant sections, mentioned supra, for making the assessments. the commissioner ..... such managing director is not able to sign and verify the return or where there is no managing director, by any director thereof. chapter xiv of the act deals with procedure for assessment and section 140 is part thereof. this chapter provides the actual assessment to be made under section 143. section 144 provides for ..... which should have been treated as substituted for the earlier return was bound to be considered for the purpose of assessment. the authorities below, therefore, erred in acting in the manner as they did. they be directed to accept the return and allow to the assessee various claims made thereunder.10. the learned commissioner of .....

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Jun 26 1996 (TRI)

Smt. Narinder Bedi Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1996)59ITD417(Chd.)

..... appeal by the assessee for the assessment year 1989-90 is directed against order of dcit (appeals) upholding addition of rs. 20,000 under section 69 of the income-tax act for three loans claimed to have been obtained from close relations by the assessee and invested in construction of a house property. the details of loans and explanation of assessee ..... of hearing was that only photostat copies were made available to dcit (appeals) and original documents were not filed. as per settled law the rigid and technical rule of evidence act are not applicable to income-tax proceedings and document produced in the income-tax proceedings is not to be proved under the indian evidence ..... act like the proceedings before a civil court. a photocopy or any sort of copy certified by the assessee is good enough for assessment proceedings. having regard to the nature of .....

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Nov 28 1997 (TRI)

Shiv Metal and Engg. Works Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1999)69ITD230(Chd.)

..... who heard these appeals, the following points of difference were referred to me as a third member by the hon'ble president under section 255(4) of the income-tax act, 1961 :- 1. whether, on the facts and in the circumstances of the case, the accountant member is justified in adjudicating the issue of additions of rs. 95,074 and rs .....

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Dec 10 1997 (TRI)

Lakshmi Metal Works Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... was a copy of dissolution deed was on the record, then the matter could be decided by the tribunal by reference to the relevant provisions of the gujarat sales tax act and rules and the remand to the cit(a) was not proper.12. the aforesaid decisions are apt in the present case where nothing was to be confronted to the ..... the division bench, the following points of difference have been referred to me as a third member by the hon'ble president under section 255(4) of the income-tax act, 1961 :- 1. whether, on the facts and circumstances of the case, g.p. rate of 1.9 per cent should be applied on the total sales as held by the .....

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Feb 27 1998 (TRI)

Assistant Commissioner of Vs. Shiv Metal and Engg. Works

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1998)66ITD71(Chd.)

..... about same dates at higher prices. the ld. assessing officer accordingly rejected the book results of the assessee by applying the proviso to section 145(1) of the income-tax act and estimated the sale price of scrap at rates at which scrap was sold by another concern of jagadhari, namely, m/s. krishna engg. industries. the ld. assessing ..... appellant, sold the same scrap on about same dates at higher prices. the ld. ito accordingly rejected the book results of the appellant under section 145 of the income-tax act, 1961 and estimated the sale price of scrap at rates at which scrap was sold by another concern of jagadhari namely m/s. krishna engg. industries. the ld. ..... sister concerns. the ld. ito is accordingly held to have made out no case either for rejection of the appellant's accounts under section 145 of the income-tax act, 1961 or that the appellant had understated its sale price in collusion with the vendees or that it had received any amount in respect of these transactions over and .....

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Feb 27 1998 (TRI)

Assistant Commissioner of Income Vs. Shiv Metal and Engg. Works

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1998)62TTJ(Chd.)560

..... and which was confirmed by the learned accountant member that there was no case made out for rejection of the assessee's account under section 145 of the income tax act, 1961 and neither any case had been made out that the sale price had been understated in any manner in collusion with the vendees or that the assessee had received ..... opinion between the members constituting the division bench, the following point of difference was referred for my opinion by the hon'ble president acting under section 255(4) of the income tax act, 1961 (hereinafter referred to as `the act) "whether, on the facts and in the circumstances of the case, the view of the accountant member in confirming the order of the .....

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Oct 09 1998 (TRI)

Gulati Saree Centre Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1999)71ITD73(Chd.)

..... the consideration from capital contribution and loan advanced by the government. a formal sale deed was not executed in view of the provisions under the government grants act, 1895. the 1to was of the view that the assessee had not become the legal owner and could not claim depreciation on those assets. the appellate ..... the tribunal held that the quantum of income earned during the period was totally immaterial for determining the claim of depreciation and that the scheme of the act was to encourage investment in machinery and other capital assets including motorcar. it also held that where the assessee had fulfilled all the statutory conditions to claim ..... reduce the incidence of tax payable by the assessee during the" year under consideration. ld. d.r further submitted that even after the amendments made by 1986 act, the assessees are required to maintain depreciation chart to claim depreciation/higher depreciation. he submitted that even in the case of assessee, schedule c reflects the w .....

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Oct 28 1998 (TRI)

Assistant Commissioner of Vs. Munjal Castings

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1999)70ITD233(Chd.)

..... income-tax assessment was that the transaction could not be considered as a normal business/income earning transaction and therefore provisions of section 57 of the income-tax act were not applicable.according to the assessing officer, the purchase of shares was for non-business consideration. the assessing officer in the income-tax proceedings also ..... at that stage there was no transfer involved but the shares became property only after allotment. the ld. counsel also referred to section 79 of the companies act, 1956 contending that there was specific prohibition to issue shares at a discount. the ld. counsel also referred to the absence of an independent finding on the ..... tax authorities. the decisions cited at the bar have also been considered. it is quite apparent that proceedings under section 16(1) of the gift-tax act were initiated taking recourse to the observations of the assessing officer and thereafter by the cit(a) in the income-tax assessment of the respondent for assessment .....

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Oct 28 1998 (TRI)

Assistant Commissioner of Gift Vs. Munjal Castings

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2000)70ITD233(Chd.)

..... tax assessment was that the transaction could not be considered as a normal business/income earning transaction and, therefore, provisions of section 57 of the income tax act were not applicable. according to the assessing officer, the purchase of shares was for non-business consideration. the assessing officer in the income-tax proceedings also ..... tax (appeals), the iearned departmental representative contended that these were distinguishable as these pertained to the provisions of section 4(1)(c) of the gift tax act whereas in the present appeal the case fell under section 4(1)(a).according to the learned departmental representative' each case had to be considered on ..... tax authorities. the decisions cited at the bar have also been considered. it is quite apparent that proceedings under section 16(1) of the gift tax act were initiated taking recourse to the observations of the assessing officer and thereafter by the commissioner (appeals) in the income-tax assessment of the respondent for .....

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