Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 91 place of trial etc Court: income tax appellate tribunal itat delhi Page 3 of about 24 results (0.161 seconds)

Modi Xerox Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)67ITD252(Delhi)

..... to the unitwise profits; and (b) without reducing the brought forward losses/allowances. the cit (a) held that the deduction under s. 80-i of the act was admissible on the profits derived from two eligible industrial undertakings that manufacturing of xerographic equipment and manufacturing of toner, developer, photo-receptor and not the third activity, ..... that the cost of corrugated fibreboard containers would not be included in the value of cigarettes for the purpose of assessment of excise duty. the company acted upon this representation. later when the excise duty was sought to be levied on a different basis, it was held that when based on representation of ..... neither erroneous nor prejudicial to the interest of the revenue. the items manufactured by the assessee-company are beyond the ambit of sch. xi of the act. the item manufactured by the assessee being xerographic equipment and systems comes under the head "high technology reproduction and multiplication equipment" (serial no. 20 of .....

J.C. Chandiok Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1999)69ITD75(Delhi)

..... in its plain and natural meaning subject to the context in which that expression occurs.38. the word "transfer" is defined under s. 2(47) of the act. according to the prescription of the said section, the word "transfer", in relation to capital asset also includes - the extinguishment of any rights therein. surrender of ..... the surrender of tenancy right to the landlord amounts to reversion. the is beyond the ken of definition of "transfer" as given under the transfer of property act. surrender of tenancy right, is not the sale, exchange or relinquishment of the asset or the extinguishment of any right therein consequent upon the transfer. therefore, ..... ) 55 itd 137 (bom)(sb).shri syali submitted that this decision was rendered specifically with reference to the provisions of the bombay rents, hotel lodging house rates control act, 1947. sec. 12 thereof only entitled statutory tenant to continue to be in possession till standard rent or permitted increases are paid. thus, in the case before .....

Deputy Commissioner Vs. Prominent Hotels Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)73ITD51(Delhi)

..... facts and circumstances. (ii) whether an income falls under one head or another has to be decided according to the common notions of a practical and reasonable man, for the act does not provide any guidance in the matter. (iii) in each case, what has to be seen is whether the asset is being exploited commercially by the letting out ..... the first is as to whether the income so obtained by the assessee from bank of india is assessable in the hands of the assessee under section 22 of the act. secondly, as to whether the income is assessable as income from house property or business income.11. ld. dr submitted that assessing officer had already relied upon 3 ..... mills ltd. [1953] 23 itr 278 (all.) concluded that assessee is beneficial owner of the property and owner of the building for the purpose of section 22 of the act.about second point, the assessing officer considered the case law cited before him and observed that ratio of the hon'ble supreme court in the case of karnani properties (p .....

Teletube Electronics Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2002)80ITD251(Delhi)

..... tribunal in the case of 170 v. yogeshchandra v. shah (1995) 55itd 300 (ahd) for the proposition that mere application of assessee under section 230a of it act cannot be considered as admission by the assessee that transaction of lease involves transfer or property' for the purpose of section 45.11. proceeding further, he distinguished the ..... . thus, he rejected the contention of the assessee that the written instrument should be construed only according to ss. 90 and 91 of the indian evidence act. after considering various substantial evidence to which reference would be made hereafter, he concluded that there was no transfer of immovable property and in fact it was ..... it is the case where the machinery and plant is otherwise transferred to the lessee". the ao further observed that according to the provisions of transfer of property act, the lease is considered as an acknowledged method of .transfer and, therefore, it was held by him that the transaction between the assessee and the sgl .....

Akal Purkh Ex-servicemen Vs. Ito, Tds Ward 49(1)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)5SOT200(Delhi)

..... with secl.there was no contract between the tipper owner and the assessee-company and it was only secl which was to deduct tax under section 194c of the act." the learned first appellate authority by making following observations : "7. i am not convinced by the arguments of the appellant. it is an admitted position that ..... for carrying out the work of transportation of coal and, therefore the tipper owners were sub-contractors of the appellant in terms of section 194c(2) of the act.9. the prohibition regarding sub-contracting relied upon by the appellant did not operate in regard to the deployment of tipper for transportation belonging to ex-servicemen or ..... other words, whether there was any contractual relationship of a contractor and sub-contractor between the assessee and the payees.the provisions of section 194c(2) of the income tax act, 1961 are as under : "194c(2) - any person (being a contractor and not being an individual or a hindu undivided family) responsible for paying any sum .....

Deputy Commissioner of Income Tax Vs. Jindal Photo Films Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)1113ITD624(Delhi)

..... . in cit v. balkrishna malhotra , the supreme court held that the interpretation of a provision in a taxing statute rendered years back and accepted and acted upon by the department should not be easily departed from. the following observations at p.762 of the judgment are important: interpretation of a provision in ..... view that the machineries purchased, by the appellant relating to manufacturing of colour roll films were machineries covered by the provision of eleventh schedule of the it act. however, after detailed discussion i have held that the appellant is not entitled to investment allowance during the current year and appellant shall be free to ..... his contention that photographic apparatus and goods would necessarily include the films. as such, reliance in the ultimate analysis was placed upon the provisions of the act and the assessment order.11. learned authorised representative, mr. ajay vohra placed heavy reliance upon the impugned order. it was also contended by him that it .....

Smt. Krishna Verma Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)107ITD1(Delhi)

..... consent cannot give jurisdiction where there is none. in dhirendra nath (supra), the following observations were made in this context (p. 1305): where the court acts without inherent jurisdiction, a party affected cannot by waiver confer jurisdiction on it, which it has not. where such jurisdiction is not wanting, a directory provision ..... mere procedural irregularities considering that: (b) the assessee had participated in the block proceedings pursuant to the issue of notice under section 158bc of the act. the special bench decision aforesaid, therefore, supports the case of the assessee rather than being viewed as against the assessee.99. he further submitted that ..... and incapable of being validated. in dhirendra nath gorai v. sudhir chandra ghosh (supra), the following observations were made in this context: where the court acts without inherent jurisdiction, a party affected cannot by waiver confer jurisdiction on it, which it has not. where such jurisdiction is not wanting, a directory .....

Dcit, Spl. Range-i Vs. Jindal Photo Films Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... cit v. balkrishna malhotra 81 itr 759, the supreme court held that the interpretation of a provision in a taxing statute rendered years back and accepted and acted upon by the department should not be easily departed from. the following observations at page 762 of the judgment are important: interpretation of a provision in a ..... that the machineries purchased by the appellant relating to manufacturing of color roll films where machineries covered by the provision of eleventh schedule of the i.t. act. however, after detailed discussion i have held that the appellant is not entitled to investment allowance during the current year and appellant shall be free to claim ..... would be the photo films while adjudicating upon the exemption available under the section, we cannot deal with each and every entry in schedule xi of the act by sitting down to decide what to our minds is fulfilling the priority needs in various vital fields like medicine, communication and education. till the entry stands .....

Marudhar Cultivators Pvt. Ltd. Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)41ITD147(Delhi)

..... business purposes, the allowance of depreciation should also have been withdrawn by the commissioner of income-tax by invoking his powers under section 263 of the income-tax act. this was not attempted. it, therefore, follows that the building was used for business purposes, although the business conducted during the year was on a very ..... of passing the assessment order and that material could not be taken into consideration by the commissioner for invoking his jurisdiction under section 25 of the wealth-tax act. the income-tax assessment order having been passed on january 14, 1987, as against the wealth-tax assessment order made on march 31, 1986, the income ..... . the wealth-tax assessment order, in these circumstances, was considered erroneous and also prejudicial to the interests of the revenue. notice under section 25 of the act was served on the assessee and in reply it is seen to have been submitted that the two companies were having their offices earlier in hotel claridges, new .....

Gorawara Plastics and General Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... cannot be treated as investment made for business purposes of the company, the amount of interest expenditure will still be clearly allowable as deduction under s. 57(iii) of it act, 1961, against the dividend income of rs. 5,84,000 received by the appellant company. the hon'ble supreme court in the case of cit vs. rajendra prasad ..... had already started in asst. yr. 1987-88.hence the question relating to allowability of interest expenditure will have to be determined in accordance with the relevant provisions of it act, 1961.4.14. in the present case, the assessee has utilised the funds borrowed from hong kong bank for purchase of shares of 'sil' and 'tel'. the ..... cit (a) erred in not adjudicating upon the submission that the interest paid to hong kong & shanghai banking corporation be allowed as deduction under s. 57(iii) of the it act, 1961. (4) that, on the facts and circumstances of the case and in law, the cit (a) erred in not allowing deduction under s. 32ab and instead restoring .....