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 pune Page 1 of about 1 results (0.910 seconds)

Dudhganga Vedganga S.S.K. Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1995)54ITD97(Pune.)

..... sugarcane grown by its own servants on its own land, as such income is not agricultural income exempt from taxation under the provisions of the income-tax act is concerned. he also argued that the appellant society carried on the business of sugar manufacturers producing refined sugar in factory equipped with modern machinery. this process ..... marketing of the agricultural produce of its members and, therefore, the assessee is entitled to the deduction under section 80p(2)(a)(iii) of the income-tax act.10. on the other hand, the learned sr. departmental representative, shri sunil pathak strongly opposed the contention of the learned counsel. he took us through the definition ..... sugarcane into sugar is, therefore, covered by the marketing activity to fetch higher price to the crop of the members. the provisions of the income-tax act do not lay down that the agricultural produce should be sold in the same condition as it was obtained from its members. the assessee collected sugarcane from its .....

Salgaocar Mining Industries Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1997)61ITD105(Pune.)

..... in those sections. it is with reference to such provisions that section 80ab provides that income of that nature is to be determined in accordance with provisions of this act (before making any deduction under chapter vi-a). so in our view, the necessary corollary is that where any provision under the head 'c' under chapter vi- ..... in that section, for the purpose of computing the deduction under that section, the amount of income of that nature as computed in accordance with the provisions of this act (before making any deduction under this chapter) shall alone be deemed to be the amount of income of that nature which is derived or received by the assessee ..... was contended before the hon'ble supreme court that in a case where possession of the land acquired had been taken before award, the interest under the land acquisition act would be capital receipt inasmuch as, it would partake the character of the compensation for depriving the owner of the land of his right to possession. such a .....

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 .....

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 .....

Mirje Family Trust Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2000)73ITD27(Pune.)

..... after examination of the return certainly amounts to exercise of the option.therefore, it is held that such assessments were the assessments under s. 166 of 1961 act. even otherwise, there is an assumption that ao knew about the two alternatives when such alternatives were provided by the law. reference can be made to the ..... taxed on the maximum marginal rate and not the beneficiaries of the assessee-trust. according to the learned departmental representative a wrong assessment has been made and it cannot act as an estoppel to proceed against the right person.in support of his contentions, he relied upon the following decisions : (e) dy. cit vs. manilal bapalal ..... double taxation, if any." "in other words the status of the assessee is what the assessee claims it to be but by the deeming provisions of the it act contained in the aforesaid explanation the individual shares of the beneficiaries have to be held to be indeterminate and unknown. the difference between the present case and .....

M.B. Chemicals Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2000)76ITD1(Pune.)

..... the process involved amounts to manufacture or not. that is because legislative provision under those laws need not be identical with the relevant provision under the income-tax act. however, independently of the cases decided under the sales tax or excise laws cited by both the parties before, me, it appears that there is sufficient ..... though every manufacture can be characterised as 'production'. on a careful reading of section 80-i in the light of the scheme thereof and other provisions of the act, it is clear that the legislature intended to extend the benefit of dcduclion under section 80-i only to the 'industrial undertakings which manufacture or produce articles'. ..... the entry 47 there is no doubt that patasha harda and elichidana are mere different form of sugar as defined by the central excise and sales tax act, 1944. we were informed that small portion of hydrogen sulphide is passed through the sugar solution for bleaching purposes after which patashas arc prepared by splaching .....

M.B. Chemicals Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2001)76ITD1(Pune.)

..... bombay sales tax is very wide, there may be very absurd results and even the smallest change can come within the ambit of manufacture under bombay sales tax act. according to the learned counsel, the authorities below have made illogical application of the decision of maharashtra sales tax tribunal in the case of industrial mineral & chemicals ..... every manufacture can be characterised as 'production'. on a careful reading of section 80-i in the light of the scheme thereof and other provisions of the act, it is clear that the legislature intended to extend the benefit of deduction under section 80-i only to the 'industrial undertakings which manufacture or produce articles ..... amounts to manufacture or not. that is because, the legislative provision under those laws need not be identical with the relevant provision under the income tax act.however, independently of the cases decided under the sales-tax or excise laws cited by both the parties before me, it appears that there is sufficient .....

Shri Mahavir Nagari Sahakari Pat Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

..... that provisions of section 68 would be applicable. besides this, section 158bh also provides that "save as otherwise provided in this chapter, all other provisions of this act shall apply to assessment made under this chapter." since there is no exclusion of section 68, it is held that provisions of section 68 would be applicable to ..... that the assessee has violated the bye-laws, necessary action has to be taken by the registrar and there is no provision in the co-operative societies act that violation of such bye-laws leads to cancellation of registration as a society. he reiterated that the auditors for the later years also have not commented ..... account of interest will be made accordingly." 8. the assessee also submitted before the ao that it was a society registered under the maharashtra state co-operative societies act, 1960, and was engaged in carrying on the business of banking and also providing credited facilities to its members and therefore, it was eligible for deduction under .....

Shri Mahavir Nagari Sahakari Pat Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2002)74TTJ(Pune.)793

..... provisions of section 68 would be applicable. besides this, section 158bh also provides that "save as otherwise provided in this chapter, all other provisions of this act shall apply to assessment made under this chapter." since there is no exclusion of section 68, it is held that provisions of section 68 would be applicable ..... assessee ceases to be a co-operative society, nor have they cancelled the registration of the assessee as a co-operative society under the maharashtra co-operative societies act. the learned counsel placed reliance on the decision of the tribunal, ahmedabad in asstt.cit v. navdeep co-operative bank (1992) 43 itd 697 (ahd-trib ..... of interest will be made accordingly." the assessee also submitted before the assessing officer that it was a society registered under the maharashtra state co-operative societies act, 1960, and was engaged in carrying on the business of banking and also providing credited facilities to its members and, therefore, it was eligible for deduction .....

M. B. Chemicals Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

..... process involved amounts to manufacture or not. that is because the legislative provision under those laws need not be identical with the relevant provision under the it act. however, independently of the cases decided under the sales-tax or excise laws cited by both the parties before me, it appears that there is ..... vehicles from 'complete knocked down' packs imported from west germany were held manufactured vehicles. the tribunal is the final fact-finding authority under the scheme of it act. it has discretion to take additional evidence. supplying cool, filtered and chilled air through air-conditioning apparatus is a manufacturing activity. catering unit of the assessee ..... sales-tax is very wide, there may be very absurd results and even the smallest change can come within the ambit of manufacture under bombay st act. according to the learned counsel, the authorities below have made illogical application of the decision of maharashtra sales-tax tribunal in the case of industrial mineral .....