Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 97 oath of members judge attorneys and witnesses Court: income tax appellate tribunal itat pune

income Tax Officer Vs. Sunil M. Kasliwal

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2005)94ITD281(Pune.)

..... not known. the machine was not purchased soon after taking the loan. this indicates that the assessee could have complied with the requirements of section 269ss of the act, without much difficulty. it is the duty of every citizen to respect law. majesty of law is to be maintained.15. taking into consideration the entire conspectus ..... the existence or the absence of the reasonable cause in the context of the explanation offered. the ao, in arriving at his satisfaction in such a situation, acts in a quasi-judicial capacity. the proceeding for imposition of penalty is a quasi-criminal proceeding. the satisfaction has to be reached by the ao objectively and on ..... unique constructions v. dy. cit (1995) 52 ttj (bom) 96. in this case the tribunal held that the assessee contravened the provisions of section 269ss of the act, even when the amounts were received from family members, partners and sister concerns.10. in the present case i find that the assessee is manufacturer of building material, .....

income Tax Officer Vs. Kunden Silk

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2003)87ITD165(Pune.)

..... show that the assessment was made in pursuance of a mutual understanding that no penal action would be taken against the assessee. besides, there is no provision in the act sanctioning such a compromise.15. the very fact that the assessee filed appeal against the order of ao clearly demonstrates that the addition was not on agreed basis. ..... in the light of material placed before me and precedents relied upon. on 4th oct., 1988, there was a survey action under section 133a of the it act, 1961 (hereinafter called the act), at the premises of the assessee-firm and its two sister concerns, viz., m/s kunden fabrics and m/s kunden saree shoppee.in the course ..... 18,402 is accordingly liable for inclusion in the assessee's income, since this income is not shown, in the return, penalty proceedings under section 271(1)(c) of the act, are separately initiated." 11. however, with respect to the ao's order the assessee challenged the addition before the learned cit(a) who vide order dt. 18th feb., .....

Kinetic Honda Motor Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2001)77ITD393(Pune.)

..... them from a broad angle taking into consideration the various policies of the government. allowability of the expenditure under the income-tax act is not a criterion for grant of such approval". the cit(a) further remarks that, "the appellant's agreement was approved by the department of industries ..... to be remitted outside india by the government of india for various other considerations, but it cannot be allowed as an expenditure under the income-tax act, unless it is proved that the expenditure was wholly and exclusively for the purpose of business. the government of india, while approving such agreements, examines ..... government of india approves thousands of such applications and the approval of the government of india cannot be a criterion for allowing deduction under the income-tax act. the assessee had raised following other contentions before the assessing officer in support of its claim of allowance of royalty: (i) the assessee could not .....

Parakh Foods Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1998)64ITD396(Pune.)

..... the income-tax department has accepted the genuineness of the firm by granting registration as well as continuation of registration under the provisions of the income-tax act, 1961.34. regarding the manufacturing/processing of pulses, it was submitted by him that there was nothing wrong in getting the goods processed from outside ..... mentioned in the second part.23. now the question arises, what is the natural meaning of such word.the word 'undisclosed' has not been defined in the act. therefore, it has to be understood in accordance with its dictionary meaning. the word 'undisclosed' means 'not disclosed'. the words 'disclosed' and 'undisclosed' have ..... as undisclosed income, the assessee should be allowed deduction in respect of such income as provided in chapter vi-a or under any provisions of the act except where application of any provisions is excluded specifically.10. on the other hand, mr. manish gupta, the learned departmental representative, vehemently opposed the contention .....

Styler India (P) Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2008)113ITD55(Pune.)

..... , lay out of the vehicles, components, parts, bodies". there are other clauses providing for acting as consultants and advisers. at p. 2 of the paper book, there is detail of the various activities handled by managing director mr. van den oever during ..... i proceed to examine the facts and circumstances of this case. in the memorandum of association of the assessee company, one of the main objects is to act as "consultant, adviser and provide technical service for the development/manufacture of new products, modification in methods/systems of manufacture, assembly, fabrication and in the design ..... and discussion with different persons to locate the prospective clients. o that there was no evidence that the appellant had even received any proposal or offer to act as a consultant or advisor to provide technical services during the previous year. o that case law cited by the assessee viz. neil automation technology ltd. .....

Kalyani Steels Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1997)62ITD233(Pune.)

..... this capitalisation implies inclusion of such interest in the "actual cost" of the asset for the purposes of claiming depreciation, investment allowance, etc., under the it act. as this was never the legislative intent nor does it conform to accepted accounting practices, with a view to counteracting tax avoidance through this method and ..... acquisition of capital assets before the assets are put into operation have to be capitalised within the provisions of expln. 8 to s. 43(1) of the it act. (ii) other expenses including salaries, travelling, etc., incurred for acquisition of the capital assets and on putting these assets into operation is capital expenditure. ( ..... 330 employees of the assessee-company were also transferred to kstl. she also observed that the information under s. 217(2a)(b) of the companies act printed under the annual accounts for 1993-94 revealed the employment of specialists for the tube project, who were subsequently transferred to kstl. with these observations .....

Alfa Laval India Ltd. Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2008)298ITR333(Pune.)

..... was made in a specific manner. the explanation uses the words "for the removal of doubts, it is hereby declared". further, explanation 8 was inserted in the act by finance act, 1986, with effect from 01.04.1974. thus, this explanation was made operative retrospectively. this explanation also uses the expressions "for the removal of doubts, ..... of the view that explanation 10 is substantive in nature and contents. the impact of this decision is that it operates prospectively unless otherwise provided in the act. the act provides that this provision shall come into force with effect from 01.04.99, which means that it is applicable to the assessment for ay 1999-2000 ..... in devolution of the liability on the assessee as the principal employer. therefore, the impugned amount was allowable under the provisions of section 37(1) of the act.4. in the course of hearing before us, the learned counsel pointed out that the assessee had employed a contractor for carrying out the repairs. the contractor .....

Sanghvi Movers P. Ltd. Vs. Dy. C.i.T. Special Range-3

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2008)110ITD1(Pune.)

..... be placed now before the regular bench for an appropriate order, in accordance with law.1. by virtue of the provisions contained in section 255(4) of it. act, we differ in opinion on the certain points, therefore, refer the following points to the honourable president, itat, for necessary orders: 1) whether under the facts ..... this is what has been consistently held by the supreme court and the bombay high court in the decisions cited supra. permanent registration under the motor vehicles act is not sin qua non for claim of depreciation. temporary registration for a limited period pending permanent registration is good enough to claim depreciation on asset owned ..... v. dilip singh sardarsingh bagga 201 itr 995, the bombay high court on the question of allowing depreciation and after considering relevant provisions of the motor vehicle act, observed as under: in view of the foregoing discussion, we are of the clear opinion that the assessee, who had purchased the motor vehicle for valuable .....

Rajmal Lakhichand Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

..... by the hon'ble high court that the reliance by the ito on the material collected by the income-tax investigation commission was correct, even though the act under which the income-tax investigation commission was constituted was declared ultra vires by the supreme court. drawing analogy, the learned senior dr submitted that in the ..... below. he relied heavily on the order of the cegat. he pointed out that under the relevant provisions of the customs and central excise and gold control act, the cegat is the final fact finding authority like the income-tax appellate tribunal. the assessing officer had gone through the order of the customs, the ..... cegat), western regional bench, mumbai.5. the cegat reversed the order of the collector and held that in the adjudication proceedings, under the provisions of the customs act, proof beyond all reasonable doubt is not the criteria applicable and the evidence is to be judged on preponderance of probability and, accordingly, further held that the seized .....

Super Meter Mfg. Co. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2007)110TTJ(Pune.)464

..... money to its sister-concern. in the assessment order, the loss was assessed at rs. 96,81,213 after inter alia disallowing interest under section 36(1)(iii) of the act on the ground of interest-free advances made by the assessee to its sister-concern for non-business purposes. the tribunal held in favour of the assessee. the punjab & ..... sub-section (1) of section 36 of the act that three conditions must be established by an assessee for getting the benefit under the aforesaid clause: 12. it is not the case of the assessee that the impugned loans ..... ) needed to be upheld.11. we have considered the rival submissions in the light of material on record and the precedent cited. the section 36(1)(iii) of the it act deals with the deduction of the amount of interest paid in respect of capital borrowed for the purposes of business or profession. it would be found from clause (iii) of .....