Judgment Search Results Home > Cases Phrase: tamil nadu municipal laws second amendment act 2011 Sorted by: old Court: income tax appellate tribunal itat delhi Page 1 of about 8 results (0.107 seconds)

Shree Ram Vaikuntha Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1986)15ITD1(Delhi)

..... under dispute that the building in question is located in an area where rent restriction law was in force, namely, the tamil nadu buildings (lease and rent control) act, the rent could not be increased. ..... 5,000 came only with effect from 1-4-1977 by the taxation laws (amendment) act, 1975 and that prior to it the only expression used was 'any person who has made a substantial contribution to the ..... devi pal referred to the provisions of the tamil nadu buildings (lease and rent control) act, 1960 and pointed out that under section 4(2) of that act, the fair rent for any residential building was to be fixed by the controller at 9 per cent gross return per annum on the total cost of such building.referring to sub-section (iv) of section 4 of the tamil nadu buildings (lease and rent control) act, he pointed out that the total cost referred to ..... the words 'that is to say, any person whose total contribution up to the end of the relevant previous year exceeds five thousand rupees' were inserted by the taxation laws (amendment) act, 1975, with effect fiom 1-4-1977.therefore, for the assessment year 1982-83 in question, the tea co.having made a contribution of rs. ..... in this connection, reference was also made by him to the following decisions for the proposition that the municipal valuation afforded an indication as to the reasonable annual letting value of a building which could be rebutted and either reduced or enhanced only on the basis of other materials on the record--kashi ..... secondly .....

income-tax Officer Vs. Hydle Constructions (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1983)6ITD575(Delhi)

..... of goods or in mining, if the income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter vi-a of the income-tax act) is not less than fifty-one per cent of such total income; (ii) 'project' means a project for the construction of a building, road, dam, bridge or other structure or assembly or installation of any machinery or ..... if the income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter via of the income-tax act) is not less than fifty-one per cent of such total income.the case of the revenue is that a company carrying on business of civil construction work like construction of dams, bridges, etc. ..... cyphons, bridges, hydel projects, power houses, tunnels, culverts, drains, channels, sewages, gardens and pleasure gardens and all sorts of contracts for procurement and supply for local, municipal, state, central authorities, government departments, railways, universities or for any other person, firms or companies. 2. ..... relief under section 80j and it relates to the direction of the commissioner (appeals) that the deduction under section 80j should be worked out in accordance with the provisions of the amended law in this regard with retrospective effect.34. ..... secondly, the word 'mainly' has not been used under the wealth-tax act, though the high court .....

inspecting Assistant Vs. Dalmia Cement (B) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)37ITD335(Delhi)

..... the assessee company and other cement companies operating in tamil nadu, resisted the levy and filed writ petitions in the high court of madras.these petitions came up for hearing before a single judge who dismissed the writ petitions holding that the cess levied under section 115 of the act, is a tax on land and as such ..... the facts, that the aluminium cans produced by the appellant could not be described as excisable goods and, therefore, did not fall within the terms of section 3 of the central excises and salt act, 1944, read with entry 27 of the first schedule; (ii) that the conduct of the appellant in submitting price lists could not serve as evidence of the marketability of the aluminium cans.40. ..... the second point to be considered is, whether the amendment to clause (xii) ..... by any municipality or other local authority or body for the purposes of the state, municipality, district or other local area may, notwithstanding that those taxes, duties cesses or fees are mentioned in the union list, continue to be levied and to be applied to the same purposes until provision to the contrary is made by parliament by law.79. ..... if there has been further development in this branch of law after the date of the order, the assessee would be entitled to review the decision in the light ..... cesses or fees, which, immediately before the commencement of this constitution, were being lawfully levied by the govt. ..... of the constitution says "no tax shall be levied or collected except by an authority of law". .....

income-tax Officer Vs. Anjaneya Cold Storage Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)50ITD51(Delhi)

..... submissions of the assessee that for all intent and purposes the word "manufacture" should include process as given in the definition clause of sections 10a and 10b of the act.all these provisions were incorporated to serve the same purpose and there is nothing in the context of sections 10a and 10b suggests some other meaning of term "manufacture". ..... (supra), the calcutta high court made the following observations: when the section as a whole is read, the amendments by way of provisos and explanations are considered, when both textual and contextual interpretations are taken into account and a harmonious construction is made, it would be evident that the ..... attention was further drawn to health certificates issued by the slaughter house, municipal corporation, delhi wherein it was specifically certified that slaughter was carried for ..... itr 827 wherein process of marine products and beef was held to be manufacture and production of articles for purposes of section 80hhc of the act.shri aggarwal also relied upon earlier decision of the kerala high court in the case of marwell sea foods (supra). ..... argued that the amendment has been made in the explanation clause of the section and the term "supporting manufacturer" appearing in the main provisions of the act has not been amended. ..... 29.1nviewofthe position of law explained by the counsel of the appellant and also in view of the fact that the production of graded frozen boneless meat from live buffalo involve various complicated process with .....

The Asst. Commissioner of Vs. Madan Mohan Lal Shriram Pvt. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... secondly, this amendment to sec 2(47) is prospective and not retrospective for two reasons: (a) this is an amendment to substantive law, and (b) this is amendment in deeming provision and not to normal provisions and we reproduce relevant part hereunder;- "(ii) that the amendment of 1988 introducing sub-clause (v) in the definition of 'transfer'' in section (47) of the it act was prospective and applied to the assessment year 1988-89 and subsequent years, and no question regarding part performance by allowing possession to be retained could arise ..... a business carried on by him, such conversion or treatment; or (v) any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1883 (4 of 1882); or (vi) any transaction (whether by way of becoming a member of, or acquiring shares in, a co-operative society, company or other association of persons or by way of any agreement or any arrangement or in any other manner whatsoever) which has ..... the paper book, which reads as under; 'that the builders for and on behalf of the company undertake to obtain all requisite permissions, clearances and approval from all concerned authorities including new delhi municipal committee (ndmc), urban land (ceiling & regulation) act 1976 (ulcr), delhi administration, delhi urban act commission, land & development office (l&do), government of india etc. .....

Additional Commissioner of Vs. Nestle India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)53

..... the learned cit(a) had failed to appreciate that the two recipients of the said royalty were fully covered by the provisions of section 40a(2)(b) and section 92 of the it act, 1961.although gross payment of 4.2 per cent on domestic sales and 6 per cent on export sales had actually been paid by the assessee, a comparison of net payment (after tds) of 3.5 per cent and 5 per ..... v.state of tamil nadu (1991) 191 itr 397 (mad) at ..... dates which we have attempted to summarise from paras 41 to 64 of this order, we are satisfied that the assessee had successfully discharged the burden of proof which lay upon him under the provisions of section 37(1) of the act, we, find that the assessee's case is well armed in this respect on account of approval also granted by the rbi to the agreements in question. ..... that the disallowance as made by the ao had been deleted by the learned cit(a) but that order had not been accepted by the department and second appeal had been filed before the tribunal as the basic facts of royalty payments had not changed and the department was in second appeal on the issue, the learned ao disallowed a sum of rs. ..... invoking section 40a(2)(b), section 92 of the it act, 1961, and the provisions contained under article 9 of dtaa with swiss federation and the general law of the land that each expense must be for the benefit and for the purpose of the business, the ao on estimate disallowed a sum of ..... in the context of transfer pricing, the amendment had been made to sections 92 to .....

M/S. L.G. Electronics India Private Limited Vs. the Asstt. Commissione ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... (3) of the act by amendment of the tax laws (amendment) act, 2005 with retrospective ..... of section 92 is that if there are two distinct international transactions and the determination of alp in respect of the first transaction leads to an increase in total income as per sub-section (1) but no adjustment is called for in respect of the second transaction as per sub-section (3) because of the alp on the negative side, then the alp in respect of the first transaction shall be considered in computing the total income, but the alp of the ..... to note that the finance act 2011 inserted sub- sec. ..... finance act, 2011. ..... the finance act 2011, w.e.f. ..... sub-section (2a) of section 92ca, inserted by the finance act 2011 w.e.f. ..... . has passed the assessment order dated 31.10.2011 u/s 143 r.w.s 144c of the act, after considering the directions of the drp and upholding the adjustment of rs.1,61,21,99,499/- in respect of ..... with written submissions filed by the assessee before the tpo for the said assessment year and also statements dated 10-3-2011 of shri laxmi kant gupta, chief marketing officer and shri arim m. ..... passed the order in the instant case on 29-10-2010 which is obviously prior to 1-6-2011, sub-section (2a) can not be of any help to save his action. 7.9. ..... that if we analyze the position after 1-6-2011, being the date from which sub-sec. ..... effect of validating the action of the tpo with effect from 1.6.2002, thereby covering even the period prior to 1-6-2011, being the date of insertion of sub-sec. .....

Sumitomo Corporation India Private Limited Vs. Deputy Commissioner of ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... determine the alp of the appellant's international transactions without demonstrating the existence of anyone of the four conditions provided in section 92c(3) which is a mandatory requirement for making adjustment under section 92ca(3) of the act; c) that the learned tpo has erred in arbitrarily assuming and concluding that indent based transactions of the appellant with its ae's have same functions and, risks as the principal transactions with non-ae's, the action ..... 4.1 the learned ao/tpo/drp has in fact erred in their orders by disregarding the following objections apparent on facts and in law on the facts and circumstances of the case of the appellant: a) that the learned ao/tpo/drp has erred in disregarding the transfer pricing approach adopted by the appellant to determine the arm's length price ("alp ..... the appellant craves leave to add, alter, amend or vary any of the above grounds either before or at the time of hearing as we ..... the aforesaid addition the learned assistant commissioner of income tax had erred in referring the matter to the learned tpo u/s 92ca of the act on the following amongst other grounds, rendering the order of the tpo as unsustainable both in law and on facts: a) as none of the pre-conditions laid down under section 92c(3) of the act were satisfied,. ..... in an order of assessment dated 25.10.2011 framed u/s 143(3) read with section 144c of the act as against the declared income of ..... on january 21, 2011 along with form ..... dated 31.5.2011. ..... dated 30.11.2011. .....