Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Sorted by: old Court: income tax appellate tribunal itat delhi Year: 2007 Page 14 of about 159 results (0.305 seconds)

Rolls Royce Plc Vs. Dy Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... directly or indirectly through or from any business connection in india, can be taxed in india. the expression 'business connection' was earlier not defined in the act. the finance act, 2003 with effect from 1st april, 2004 i.e. as applicable to assessment year 2004-05 and onwards has inserted two new explanations to clause (i ..... ) of section 9(1) clarifying that expression 'business connection' will include a person acting on behalf of non-resident and who carried on certain activities.however, for the purpose of our present discussion, the amended provisions have no relevance as the ..... activities which convert the requests for quotation into orders. (v) the managing director of rril mr. tim jones had issued a certificate under foreign corrupt practices act which certifies that in respect of agreement with air force, there is no permission to offer, promise or give any pecuniary or other advantage directly or indirectly. .....

income Tax Officer Vs. De

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113CTR(Delhi)615

..... held that the ao having levied penalties under section 221 of the act without making necessary adjustments/rectifications and giving only three days time when stay petitions are pending before the ito, the penalties are liable to be cancelled. similar views ..... have held paucity of funds due to financial stringency constituted a reasonable cause for inability to pay the tax in time and, therefore, penalty under section 221 of the act was not leviable.20. taking a similar view the tribunal ahmedabad bench in the case of shri jyotindrasinhji ofgondal v. ito (1997) 59 ttj (ahd) 310, ..... interest levied under section 220(2), pursuing legal remedy against the order passed by the tribunal as also against penalty under section 271(1)(c) of the act levied by the ao. the appellant further contended to have filed various applications filed before the ao seeking grant of instalments for making payment of outstanding demand/waiver .....

Greater Kailash-ii Welfare Vs. Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... .3. the appellant association claimed to be a charitable institution and applied to the commissioner of income-tax ('commissioner') for registration under section 12a of the income tax act, 1961. the commissioner, vide order dated 20-6-2006, denied the registration by observing as under: ...the society is engaged in the welfare of the residents of ..... association (supra) the objects of the association were management of the movable and immovable properties of the rana caste or community of the city of ahmedabad, doing acts to improve the education of the community, giving medical help to the community etc. revenue was of the view that beneficiaries were not the public and the ..... or the material condition of a particular community is not a charitable purpose so as to attract the exemption of section 4(3)(i) of the income tax act, 1992'; that 'contributing towards the marriage expenses of a needy person of a specified community and maintaining materials for use in marriage and other social and .....

Deputy Commissioner of Income Tax Vs. Perfetti Spa

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113TTJ(Delhi)701

..... failed to point out from any material as to where assessee claimed any exemption or the charges payable as is mentioned in article 5(2)(j) of the it act (sic-dtaa). this would therefore prove that assessee never claimed any expenses and never claimed any supervisory activity in india in respect of pil. learned counsel for ..... appeal of the revenue may be dismissed.16. learned departmental representative in the rejoinder reiterated the same submissions as made earlier and submitted that section 9 of the it act and articles 5 and 7 of the india-italian dtaa are applicable in this case.17. we have considered rival submissions and material on record and also ..... -invoiced, though the connection between the buyer and seller was such that it involved the application on the rules of valuation, applicable to connected concerns under the customs act. however, the commr. of customs did not find that the relationship led to distortion in prices, which could lead to change in the values for the purpose .....

Mentor Graphics (Noida) (P) Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)109ITD101(Delhi)

..... .e. two years earlier, there were no inter-party transactions.such inferences and presumptions are not authorized and cannot be accepted. assessment under the act is a judicial act and must be based on cogent material, not on unsound presumption. there is no nexus between the material available on record and the conclusion drawn ..... open market; or (ii)reasonably accurate adjustments can be made to eliminate the material effects of such differences. further "rule 10b(1)(e) of income tax act providing for determination of arm's length price under section 92c required that following steps are to be taken while applying tnmm after selection and evaluation of controlled ..... subject matter of dispute in appeal.2. the facts in short compass, the taxpayer, a domestic company incorporated on feb.27, 1998 under the indian companies act is the wholly owned subsidiary of ikos systems inc., a company incorporated in usa and engaged in the business of software development and also rendering marketing systems .....

Honda Siel Power Products Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... that balance in the pla account maintained with the excise authorities at the end of the year represented payment of excise duty deductible in terms of section 43b of the act. the special bench also held that unutilized modvat credit did not amount to payment of excise duty and therefore, was not deductible under section 43b. respectfully following the said decision .....

Whirlpool of India Limited Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)114TTJ(Delhi)211

..... ) by which he cancelled the penalty of rs. 3,78,200 levied on the assessee under section 271(1)(c) of the it act on the ground that the assessee knowingly and deliberately claimed the pre-set up expenses which were not allowable as deduction. the cit( ..... the second ground is directed against the addition of rs. 17,518 to the income by invoking section 2(24)(x) of the act, r/w section 36(1)(va), on account of late deposit of the employees' contribution to the provident fund. the assessee says ..... an interregnum between the date of setting up of the business and the date of actual commencement of the business, but under the act all expenses incurred after the date of setting up are allowed as a deduction under section 28. this decision has been applied ..... the cit(a), the assessee is in further appeal before us articulating its claim in the first ground.3. section 3 of the it act defines "previous year" and it says that the first previous year commences from the date of "setting up of the business". .....

Mitsubishi Corporation Vs. Deputy Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... learned departmental representative pointed out that this was not a case of derivative jurisdiction but one of exercise of jurisdiction by the assessing officer under section 154 of the act as the issue under question was not considered by the tribunal at all. he referred to the order of the assessing officer, in which it was mentioned that ..... respect of any obligation which, but for such payment, would have been payable by the assessee, is included in 'perquisites'. the interpretation clause i.e., section 2 of the act, vide sub-clause (iii) of clause (24) thereof, includes the value of any perquisite or profit in lieu of salary taxable under clauses (2) and (3) of ..... payments, which were otherwise covered by the term 'salary'.therefore, the definition in rule 3 is co-extensive with the definition given in section 17 of the act except so far as there is an express exclusion therefrom of the kinds of payments mentioned therein. it was also pointed out that the dictionary meaning of the word .....

Darshan Kumar Maggon Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)114TTJ(Delhi)243

..... nos. 1 and 2 of the appeal the assessee has disputed the validity of reassessment proceedings.3. the learned authorised representative submitted that the notice under section 148 of the act has been issued on 27th march, 2006 i.e., after the expiry of four years from the end of the relevant assessment year under consideration. he submitted that the ..... of dr. shashi kant garg v. cit and ors. (2006) 203 ctr (all) 75 : (2006) 285 itr 158 (all) and submitted that the notice under section 148 of the act was not a valid notice and hence the assessment is not a valid assessment. on the other hand the learned departmental representative in support of her (sic) submission relied on ..... by the competent authority and as such the said notice is not a valid notice.there is no dispute to the fact that the notice under section 148 of the act is a jurisdictional notice confirming power to the ao to frame the assessment and if the said notice is not a valid notice, the assumption of jurisdiction by the .....

Tahil Ram Moolchandani Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)115TTJ(Delhi)692

..... under section 132(1) of the it act, 1961 was carried out by the investigation wing of the it department, vijayawada in the case of shri shaik johny saheb on 13th feb., 1997 and was concluded ..... grounds are as follows. the assessee is an individual engaged in the business of commission agent of fruits. the assessee along with his sons acts as a commission agent, for mangoes grown in vijayawada during the mango season starting in the middle of march till the end of june. search and seizure operation ..... law and liable to be quashed. 3. on the facts and circumstances of the case, there was no justification for initiating the proceedings under section 158bd of the act and as such the assessment framed thereof is null and void and liable to be declared so.3. the facts and circumstances necessary for adjudication of the aforesaid .....