Judgment Search Results Home > Cases Phrase: the madras inams act 1869 Court: income tax appellate tribunal itat delhi Page 6 of about 58 results (0.116 seconds)

income-tax Officer Vs. Bhawani Singh

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)8ITD414(Delhi)

..... after both the parties have closed their cases, it was put to the parties, whether the issues broadly were as follows: up to the merger the ruler was the absolute owner in respect of all the properties and even after the merger he continued to treat them in the same manner as is evidenced by the conduct of the assessee in respect of all the properties as also the returns filed and the status declared up to the assessment year 1968-69. ..... if, on the passing of the hindu succession act, the private properties in which the assessee had exclusive rights prior to that date are declared by the act as being owned by the assessee and other members of the family, then there would be a clear violation of the fundamental right of the assessee under article 19(1)(f)--m.k. ..... the merger he being the absolute ruler was not governed by the hindu law but after the merger as he laped into the bosom of the personal law being a hindu, he constituted a huf with his legal heirs.in coming to that conclusion, we have taken note of the fact that the ruler did not have any self-acquired property but had only his ancestral property which had come to him through his ancestors and the origin of the ancestral nature of the property is burried in the ..... he further relied on terms as annexure ii being 1869/12, mia 523 and annexure iii rani jagadamba kumari v. .....

Rathi Ispat Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)45ITD540(Delhi)

..... insofar as the first condition is concerned, the assessee was allowed deduction in the earlier years when it provided the interest as per the compromise decree order of the delhi high court.insofar as the second condition of section 41(1) of the act is concerned, there is no evidence whatsoever that the depositors have remitted in favour of the assessee's interest indicating receipt of any benefit by the assessee, thus relinquishing the liability. ..... the liability remains and would continue to remain fastened on the company so long as the company exist, unless the depositors forego their interest, which is an act of remission to be performed since the depositors have not performed the act of remission in favour of the assessee-company in the light of the high court compromise order, the liability continues to subsist.12. ..... subsequently at the instance of the company at a meeting with the creditors, depositors and the company law department and the shareholders, the proposal of compromise or arrangement was placed and in accordance with the provision contained under the companies act, the various parties felt compromise or arrangement was a very reasonable proposition. ..... he had further impressed by the fact that the assessee credited the amount to the profit & loss a/c of the year and had initially offered it as income but subsequently withdrawn by the assessee, which act of withdrawal was treated as an afterthought. .....

The Asst. Commissioner of Vs. Shri Hiromi Hirose, Japan

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)111ITD9(Delhi)

..... ground to the effect that on the facts of the case and in law, the learned cit(a) erred in holding that salary and bonus received by the assessee outside india is not taxable in india under section 5(1)(c) of the it act, specially when as per terms of employment, his office was based in new delhi and he was responsible to delhi office even though, he rendered services outside india.3.1 on perusal of the order of the dcit, circle-46(1), new delhi (herein after called the ao), passed on 6-01-2003, it is seen that the assessee ..... 's status during the relevant previous year was not ordinarily resident ..... aggrieved by this order, the revenue is in appeal before us.4.1 while opening the case, the learned dr pointed out that the question to be decided is whether the provisions contained in section 9(1)(ii) or section 5(1)(b) of the act are applicable in the instant case or not. .....

Uop Llc Vs. Additional Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)108ITD186(Delhi)

..... the tribunal, however, took the view that in order to decide the question of the applicability of section 52(2) of the act which was the subject-matter of appeal before it, it would be necessary in the interest of justice to consider these affidavits and in that view, directed the restoration of the matter before the aac after allowing the revenue to produce the said affidavits as additional evidence. ..... the matter was carried before the hon'ble madras high court and their lordships upheld the action of the tribunal in admitting the additional evidence filed by the revenue observing that under rule 29 of the itat rules, if the tribunal required any document to be produced or affidavit to be filed to enable it to pass order or for any other substantial cause, it may allow the document to be produced or the affidavits to be filed. ..... on appeal preferred by the assessee against the order of the tribunal, hon'ble madras high court held that the tribunal had discretion to allow production of additional evidence under rule 29 of the itat rules, 1963 if the same was found to be required to enable it to pass orders or for any other substantial cause.19. ..... according to us the additional evidence filed by the revenue is quite relevant for the purpose of deciding the issue before us and the same, therefore, can be admitted as per rule 29 of itat rules 1963 as held by hon'ble madras high court in the case of r.s.s. .....

Modi Xerox Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)67ITD252(Delhi)

..... cce 3 scc 480 wherein the court examined the question that how the product is identified with the class of people dealing with or using the product.it was held by the apex court that when a consumer buys an article, he buys it because it performs its specific function for him.that is the mental association of the mind of the consumer between an article and the need it applies in his life. ..... 80-i of the act on the ground that the item manufactured by the assessee-company comes within the ken of the eleventh schedule of the act, by resorting to the provisions of s. ..... the speech made by the mover of the bill in explaining the reason for the introduction of the bill can certainly be referred to for the purpose of ascertaining the mischief sought to be remedied by the legislation and the object and purpose for which the legislation was enacted. ..... for which appropriate circumstances did exist, whether or not that authority has, in fact, exercised that power, such an authority should be deemed to have exercised that power.consequently, the issues emanating out of the assessment order which were decided by the ito in assessee's favour over which the cit (a) had power to examine and pass appropriate orders, but did not actually do so, the cit (a) should be deemed to have been examined those issues and agreed with ..... hon'ble madras high court in the case of venkata krishna rice company vs. .....

Sanjeev Batra Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1999)69ITD23(Delhi)

..... assessee's counsel in second appeal pleaded that this sketchy order of ao cannot be said to be either a speaking order or valid order in the eye of law and in view of judgments of various courts as noted in the documents submitted in the paper book and detail as given below it was pleaded for cancellation of charging of interest :union of india vs. ..... the learned departmental representative, on the other hand, submitted that despite specific opportunity granted to the assessee to prove genuineness of the gift as well as financial capacity of the donor during assessment proceedings the assessee failed to do so.therefore, ao was fully justified in not accepting the gift amount as gift and rightly added the same in the income of the assessee. ..... 12th february, 1997, whereby revenue sought admission of additional evidence with respect to copies of bank statements, copies of deposit slips and copies of cheques issues running into 102 pages.there is another application of the revenue of the similar nature dt.13th january, 1998, whereby revenue sought admission of 5 types of documents as detailed below : (i) copy of bank statement of a/c no. ..... 64(1a) of it act are not applicable to the facts of this case is unjust, illegal, arbitrary and against the facts and circumstances of the case." 2. ..... andiappan, "c" bench, madras in ita no. ..... kumaresar, "a" bench madras in gta no. .....

Smc Share Brokers Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)109TTJ(Delhi)700

..... , 2004, the ao informed the assessee as under: regarding the copy of seized material, the same shall be provided to you when it will be used against you in any proceedings of it act.on the basis of the above letter, his emphatic submission was that the seized material was not considered and used by the ao for recording his satisfaction and for issuing notice under section 158bd against the assessee and, therefore, the assessment order passed against assessee under section 158bd, on the basis of such satisfaction note ..... the ao making assessment in the case of the searched person had jurisdiction to record satisfaction only up to the date of passing assessment order in the case of searched person under section 158bc and after passing the assessment order, he became functus officio and did not retain any seizin or jurisdiction over the matter and thus he is not authorized or empowered to record satisfaction when he was not seized of the matter.the argument of the learned counsel for the assessee was that for the purposes of chapter xiv, the ..... the ito seized a ledger maintained by the firm known as vasu films of madras. ..... cce 1977 tax lr 1754 and the decision of madras high court in the case of t. .....

Picker India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... . unless the 'ordinary profits' are known, the ao cannot compare the recorded profits with the said 'ordinary profits' in order to arrive at the profits taxable under section 92 of the it act, 1961 ..... . by these two findings, the cit(a) has in fact decided the fate of the additions in favour of the assessee, but for his another prima facie finding on the applicability of section 92 of the it act ..... but cit(a) held that prima facie, the provisions of section 92 of the it act apply to the assessee's case and to that extent he agreed with ao's submissions vide ao's letter dt. ..... . issue there is whether an addition could be made under section 42(2) of it act, 1922, when the resident company has charged 'no profits' as analysed in the case of hoechst marion roussel ltd. v. jt ..... further, the cit(a) is directing the ao to apply the provisions of section 92 of the it act and issuing certain directions in this regard. ..... the purpose is very important in the context of the provisions of section 37 of the it act. ..... the purpose is very important in the context of the provisions of section 37 of the it act. ..... 82,508 are the business expenditure and are allowable under section 37(1) of the it act instead of section 37(2) ..... 82,508 were, in any case, allowable business expenditure and were to be excluded from the purview of disallowable under section 37(2) of the act.2. ..... 1,11,258 out of conference expenses are not being in the nature of entertainment expenses and hence not disallowable under section 37(2) of the act. .....