Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Sorted by: recent Year: 2002 Page 1 of about 490 results (0.142 seconds)

Coal India Limited Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... these tests. in our considered view, therefore, the assessee's claim regarding exclusion of the aforesaid amount under explanation (ii) to section 115ja(2) of the act is not sustainable in law. we donot also find any other enabling provisions for exclusion of this amount from book profits. once the assessee itself includes an amount ..... , should be satisfied is entirety and when the case fails even on one test, the exclusion clause will have no application.9. section 8 of the income tax act, which deals with the taxability of dividends, provides as follows : (a) any dividend declared by a company or distributed or paid by it ............. shall be deemed ..... dividends are declared, rather than income of the previous year during which these dividends are declared, distributed or paid - as is the scheme of the income tax act.therefore, the dividends reflected in the profit and loss account of the assessee donot constitute income of that previous year but are relatable to that previous year only .....

Coal India Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)88ITD514Cal

..... both these tests.in our considered view, therefore, the assessee's claim regarding exclusion of the aforesaid amount under explanation (if) to section 115ja(2) of the act is not sustainable in law. we do not also find any other enabling provisions for exclusion of this amount from the book profits. once the assessee itself includes ..... the company, taxation of dividends in the hands of shareholders was no longer necessary and corresponding exemption of the same was introduced by inserting section 10(33) of the act, with effect from 1st april, 1998, which provided that 'any income by way of dividends referred to in section 115-o' shall not be included in total ..... dividends are declared, rather than income of the previous year during which these dividends are declared, distributed or paid - as is the scheme of the income-tax act.therefore, the dividends reflected in the profit and loss account of the assessee do not constitute income of that previous year but are relatable to that previous year .....

B and Bros. Engg. Works Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2003)84ITD243(Ahd.)

..... of the machinery, he could identify the instances where such cash was taken. in reply to question no. 20 of the statement recorded under section 133a of the it act, shri ashwinbhai b. patel admitted to have received the following cash from following parties on account of under-invoicing of sales bills :name of the party amount taken ..... also denied the receipt of cash from m/s york fabrics after nearly one month from the original confessional statement recorded under oath under section 133a of the it act, to this effect which was made by the assessee under free will and without any pressure. the assessing officer further found from the various notings made in the ..... respect of which 'on money' receipts had been confirmed and such parties had in replies to the assessing officer furnished under section 133(6) of the i.t. act, 1961 stated that they had paid only the amount mentioned in the invoice; (5) all the purchasers aforesaid were assessed to tax and copies of the correspondence between .....

B and Brothers Engineering Works Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2003)78TTJ(Ahd.)876

..... ' over and above the invoice price in relation to the transactions with various parties, is correct?" 1. this is a reference under section 255(4) of the it act, 1961, pursuant to a difference of opinion between the learned members constituting the division bench. both the learned members have dissented on two issues and i must at ..... of the machinery, he could identify the instances where such cash was taken. in reply to question no. 20 of the statement recorded under section 133a of the it act, shri ashwinbhai b. patel admitted to have received the following cash from following parties on account of under-invoicing of sales bills : 7. subsequently, the ao recorded ..... assessee against the order dt. 28th jan., 1999, passed by the learned dy. cit circle-10(1), ahmedabad, under section 158bc r/w section 158bd of the it act, 1961. the learned dy. git has grievously erred in law and/or on facts in making following additions as undisclosed income : unaccounted income on account of various credits .....

Kailash Chand Singhal Vs. Sri Krishna Janam Asthan

Court : Allahabad

Reported in : 2003(1)AWC491

..... the tenant-defendant-revisionist has approached this court by means of the present revision invoking the jurisdiction envisaged under section 25 of the provincial small cause courts act, 1887, seeking redress praying for the setting aside of the decree passed in favour of the plaintiff for the eviction of the tenant-revisionist from the ..... claimed that since the plaintiff was a registered religious institution, the provisions contained in the uttar pradesh urban buildings (regulation of letting, rent and eviction) act, 1972 (u. p. act no. 13 of 1972) were not attracted to the accommodation/ building which was the subject-matter of the suit as it fell beyond its purview. ..... providing the starting point for computing the period of exemption. the hon'ble supreme court, while interpreting the explanation to section 2 (2) of the act, observed that primarily the language employed is the determining factor of the intention of the legislature. it was further observed that the first and primary rule .....

Madhya Pradesh Iron and Steel Company Vs. G.B. Springs (P) Ltd. and Mo ...

Court : Delhi

Reported in : [2003]117CompCas327(Delhi)

..... and fatal winding-up orders can be considered. the admission of the petition at its first hearing is possible because, by virtue of section 434 of the companies act, a presumption of the indebtedness can be legitimately drawn by the court where no reply to the statutory notice is forthcoming. the risk of the admission of the ..... the companies act and is conferred on the court.' even if an arbitration clause submits between the parties, this court has unfet(sic)er powers to entertain these winding-up petitions. ..... ltd. v. sterlite industries (india) ltd. : [1999]3scr861 , 'the claim in a petition for winding up is not for money. the petition filed under the companies act would be to the effect that the company has become commercially insolvent and, thereforee, should be wound-up. the power to order winding-up of a company is contained under .....

Forest Development Corporation Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (2004)87TTJ(Nag.)519

..... and short-term deposits from which it earns interest at lower rates which receipts have given rise to these proceedings under the income tax act, 1961 (central act 43 of 1961) ("the act"). for the assessment years 1976-77 and 1977-78 relevant to the accounting years ending on 31-3-1976 and 31-3-1977, ..... ,224 is the income of the appellant earned in its agricultural business division, and, therefore, should not have been taxed in view of the scope of the act and the legal pronouncements available on the subject. the commissioner (appeals) should have, therefore, allowed capitalization/adjustment of this receipt in the agriculture division against the ..... amount is a revenue receipt earned by the appellant-company in its agricultural business division, thus falling beyond the scope of taxability provided by the income tax act, 1961, and the legal pronouncements available on the subject.(2) the learned commissioner (appeals) has erred in not discussing in detail the various arguments putforth .....

Commissioner of Income Tax Vs. Khaitan Electricals Ltd.

Court : Punjab and Haryana

Reported in : (2004)186CTR(P& H)153

..... the assessee. with a view to appreciate the contention of learned counsel, as noted above, it will be useful to reproduce sub-section (2) of section 269c of the act of 1961, which runs thus :'(2) in any proceedings under this chapter in respect of- any immovable property,--(a) where the fair market value of such property exceeds the ..... made by the ito, faridabad.4. after perusing the objections filed by the transferee from time to time, the competent authority passed order under section 269f(6) of the act of 1961 for the acquisition of the property, with prior approval of the cit, haryana. aggrieved, m/s khaitan electricals ltd. filed an appeal which has been allowed by ..... march, 1986, he reduced the market value to rs. 19,86,580 after having gone into the objections of the transferee.3. notice under section 269d(1) of the act of 1961 was then published in part-iii, section-i of the official gazette on 7th nov., 1981. the same was served upon the transferor and the transferee. proclamation .....

Shadow Communications Vs. Prince Gutka Ltd.

Court : Delhi

Reported in : [2003]116CompCas536(Delhi); (2003)2CompLJ262(Del); [2003]41SCL277(Delhi)

..... verbal contract is pleaded even though a written contract may be in existence. these instructions would be even contrary to the prescription contained in the indian evidence act. my attention has also been drawn to the petitioner's statement that it proceeded to carry out insertions even though the respondent had refused to endorse the ..... objections, deracinating the courts jurisdiction to adjudicate upon dispute, have been shown to exist. if the words 'other proceedings' in section 69(3) of the registration act are not circumscribed or tempered by the preceding words 'a claim of set off', the view of this court in kalra iron stores's case (supra) falls ..... the debt which is recoverable by the petitioners, and thereforee, the presumption which would arise as a result of the notice under section 434 of the companies act would stand rebutted.'3. justice i.j. shah had discussed and distinguished kottamasu sreeman narayanamurthy's case (supra), a paragraph of which had been extracted by justice .....

Surat District Co-operative Bank Vs. Income Tax Officer and ors.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2003)262ITR1(Ahd.)

..... made; out of mixed funds, which constitute investments, made out of surplus funds available out of "working capital" as defined in gujarat co-operative societies act. interest income derived on such investments forming integral part of normal activities of banking business qualifies for grant of deduction under section 80p(2)(a)(i) ..... various investment so made by these cooperative banks are not earmarked towards any specific reserve fund. there is no provision in the gujarat co-operative societies act, 1961, requiring the cooperative banks to invest the amounts transferred to statutory reserve fund in any specific securities. in facts, section 67(2) specifically ..... securities, kayami thapan (fixed deposits with banks) (an approved mode of investment for purposes of meeting the requirements of clr/slr as per the br act, the interest from trustee securities, dividend on uti units, interest on indira vikas patras (ivps), interest received on fixed deposits with other banks and investments .....