Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 99 general rule as to evidence Sorted by: old Court: income tax appellate tribunal itat cochin

Travancore Chemical and Mfg. Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1983)6ITD788(Coch.)

..... to section 2(1), the assessee-company cannot claim that the deposit made under the scheme is equivalent to payment of surcharge. even if the provisions of the finance act, 1976 are to be considered relevant, it is significant that the words 'in lieu of particularly emphasized by the assessee's learned counsel, appear only in clause (6 ..... on income-tax) scheme, 1976 ('the scheme') that the central government has framed in exercise of the powers conferred by clause (8) of section 2 of the finance act, where in paragraph 3 the expression 'in lieu of payment of surcharge' has been used. that section provided that a deposit in lieu of payment of surcharge on income- ..... is not equivalent to the other but one is in substitution of the other.therefore, he proceeded to amend the order by rectifying it under section 13 of the act. the assessee was, therefore, called upon to explain why the amount of surcharge allowed as a deduction in computing the chargeable profits, should not be withdrawn. the .....

Controller of Estate Duty Vs. Dr. (Mrs.) Mary Cherian

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1992)42ITD427(Coch.)

..... whose domicile at the time of death is indian domicile. this section does not speak of the mode of acquisition of domicile or the losing domicile by the act of law. it speaks only about a person whose "domicile" is finally decided.12. the learned senior departmental representative also relied on the decision in rm. ..... senior departmental representative vehemently contended that a vital point was not considered by the learned first appellate authority in the proper perspective. section 15 of the indian succession act deals with "domicile acquired by a woman on her marriage" and section 16 deals with "wife's domicile during marriage".these relevant sections are reproduced below: 15 ..... negative the contention of the accountable person, in fact, support the case of the accountable person. in the above case, their lordships described the indian succession act as allowing a person to have his/her domicile at the time of death and succession to immovable property shall be regulated by the law of the .....

Tara Agencies Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1994)50ITD280(Coch.)

..... assessee for weighted deduction in respect of the expenditure incurred in connection with its exports in view of the provisions of section 35b(1a) introduced by the finance act, 1978. the cit (appeals) upheld the claim of the assessee for weighted deduction on the ground that the assessee is a small scale unit in the light ..... has upheld the claim of the assessee for weighted deduction in respect of export agency inspection fees and certifying charges under section 35b(1)(b)(vi) of the it act.accordingly we hold that the assessee is entitled to weighted deduction on these two expenses for the assessment year 1979-80. however, for the assessment year 1981 - ..... compelling the assessee to have a change in the system of accounting regularly followed by the assessee which is not permissible under the provisions of the income-tax act.5. shri abraham, the learned departmental representative submitted that no doubt there was an obligation on the part of the assessee to refund the incentive received in .....

Al-madeena Charitable Trust Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2001)76ITD214(Coch.)

..... the case of sole trustee, loka shikshana trust (supra), explaining the sense in which the word 'education' has been used in section 2(15) of the income-tax act, 1961, his lordship, justice khanna observed -- "the word 'education' has not been used in that wide and extended sense, according to which every acquisition of further knowledge ..... other charitable institutions out of the income accumulated under sub-section (2) is outside the mischief of sub-section (3) of section 11 of the income-tax act, 1961. in other words, such contribution does not amount to application of the income for purposes other than charitable or religious ones." we have already noted ..... the trust was created, nourished and maintained by this organisation for achieving its goals.3. the assessee formed a charitable trust and got registered under the income-tax act, 1961. on a perusal of the deed of trust, the assessing officer noted that the assessee was to be engaged in the following activities of charitable nature : .....

Baby Marine Exports Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2001)77ITD442(Coch.)

..... of this section"; whereas the phraseology in other sections mentioned in the other provisions noted above of this chapter are "in accordance with the provisions of this act". we can clearly visualise the difference. while computing the deduction under section 80hhc only this section is to be considered and taken note of; whereas in the ..... 80b(5) defines what is gross total income. according to this definition "gross total income" means "total income computed in accordance with the provisions of this act before making any deduction under this chapter". section 80hhc on the other hand contemplates a deduction for an assessee being an indian company or a person resident in ..... from exports and made express provision for dividing the exemption between a recognised export house or trading house and the supporting manufacturer.22. by finance (no. 2) act of 1991 clause (bad) was inserted to explanation to section 80hhc(4a) with effect from 1-4-1992. the clause seeks to provide the definition of the .....

Additional Commissioner of Vs. Kerala State Industrial

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2003)84ITD419(Coch.)

..... appearing for the assessee-company submitted that the cit(a) has passed the order on just and proper grounds. he relied on the provisions of the companies act, 1956, and particularly relying on the commentary of shri a. rama iyer contended that the assessee-company is a holding-company instituted by the kerala government ..... and advances. if the assessee-company has received interest as construed above, it falls within the purview of a credit institution contemplated in the interest-tax act, he pointed out that all other contentions regarding the nature and functions of the activities carried on by the assessee-company are only peripheral matters not relevant ..... loans and advances disbursed to various subsidiary companies were liable to the levy of interest-tax. accordingly, notices were issued under section 7 of the merest-tax act for both the assessment years under appeal. the assessee-company filed nil returns in compliance of those notices. it was the contention of the assessee-company .....

Anurag Pictures Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2004)90ITD669(Coch.)

..... whether in the form of books or computer disks or cassettes, which contain information technology or ideas, would necessarily be regarded as goods under these provisions of the act: these items are movable goods and would be covered by section 2(22)(e)". relying on this decision, the counsel for the assessee contends that the question ..... , digital media or other optical or magnetic devices and certified by the board of film certification constituted by the central government under section 3 of the cinematograph act, 1952 (37 of 1952)".from a reading of the section and the explanation given thereunder, it is clear that the export benefits are vailable to persons ..... as to be eligible for deduction under section 80hhc.further resorting to the newly inserted provisions of section 80hhf with effect from 1-4-2000 by finance act 1999 granting tax holidays to the assessees engaged in the cinematography business, the assessing officer held that such tax holidays were not available to the assessees .....

Bus Operators Association Vs. the Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2005)94ITD169(Coch.)

..... lordships further held that the profit motive arises only if the person is carrying on activity in the nature of trade. analysing section 2(5a) of the bombay sales-tax act, 1959, the hon'ble apex court held that "if the main activity is not business, then any transaction incidental or ancillary would not normally amount to "business", ..... service made available to all the members of the association no commercial dealings in fact. by doing trade among themselves, one cannot earn any profit.the association is acting as an agent for its members in the matter of procuring spare parts etc. and supplying the same to its members, no sale would be involved as the ..... object of the assessee association, more specifically, making available spare parts to its members which can be considered as a specific services covered by section 28(iii) of the act. it was also the case of the assessee that the principles of mutuality will apply in the case of the assessee, hence, the income is not taxable. reliance .....

The Income-tax Officer Vs. Muthoot Financiers

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2006)103ITD108(Coch.)

..... the assessee was deliberate in defiance of law. the assessee cannot be held to be guilty of conduct contumacious or dishonest, nor the assessee can be said to have acted in conscious disregard of its obligation. in this case, the revenue has already recovered interest under section 201(1a). moreover; as per the facts available on record, ..... follow.10. in the case of itochu corporation (supra), there was a short deduction of tax by the assessee and the proceedings under section 271c of the act were initiated. the tribunal found that the assessee had paid the tax along with the interest voluntarily and there existed a bonafide belief that tax was not deductible ..... source in respect of the payments made by it on account of interest to its other sister concerns. the ao initiated penalty proceedings under section 271c of the act against the assessee and a show cause notice was issued to the assessee. the assessee filed its reply to the "ao incorporating a statement of interest paid, tax .....

Muthoot Bankers Vs. Dy Cit

Court : Income Tax Appellate Tribunal ITAT Cochin

..... . in the, opinion of the assessing officer, the assessee-firm was not the owner of the property and, therefore, no depreciation can be allowed under section 32 of the act. the assessing officer also placed reliance on the following decisions:kalpaka tourist home (p.) ltd. v. cit 3. we have heard the rival submissions of the parties. we ..... -1970 but the registration of the transfer with the relevant parties was done only in 1975. the madras high court held that under section 47 of the indian registration act, since the assessee was not the legal owner of the building prior to 1975, was not entitled to depreciation in respect of the asset in that year. in ..... distinguishable on facts.8. on considering the facts of this case that the assessee is a partnership firm, though under the income tax act it is assessed as a separate entity, but under the indian partnership act, it is not a legal entity and it is not distinct from its partners. moreover, the funds required for purchasing the said .....