Judgment Search Results Home > Cases Phrase: the pondicherry gaming act 1965 Court: income tax appellate tribunal itat delhi Page 1 of about 186 results (0.135 seconds)

B.H.P. Engineers Ltd. Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the ao however, did not allow the claim on the finding that there was no demand for payment of the damages from the customers and the assessee brought back the provision in the subsequent year.on appeal, the learned cit(a) upheld the disallowance holding that the liquidated damages claimed by the assessee were only a contingent liability and was not the liability in praesenti. ..... the ao however, did not allow the claim on the ground that the engineering service fee is not for services rendered out of india and that the activity amounts to sale of drawings and designs.aggrieved by the said order, the assessee took up the matter in appeal before the cit(a) who, however, sustained the disallowance with the remark that the assessee will be allowed deduction under s. ..... 80-i of the act, the ao excluded the following items for working out the eligible profits : (i) miscellaneous income 1,24,711 (ii) interest from banks 6,44,587(iii) ccs 9,73,670 (iv) engineering services 10,76,478 aggrieved by the said disallowance, the assessee took up the matter in appeal before the cit(a) who allowed the claim in so far as income in regard to ccs and engineering services are concerned. ..... relying on the decisions in the case of pondicherry distilleries ltd. vs. .....

Goyal Gases (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)42ITD135(Delhi)

..... on this issue, we are of the opinion that, the matter must be verified by the ao, as to whether any perquisite value had been added in the hands of the directors, and if he finds that it has been so considered then, he would apply the provisions of section 4()(c) or section 40a(5), whichever section had been applied by the assessing officer initially, and disallow only the excess over the limits prescribed under the act.64. ..... the auditor's report submitted under section 227(4a) of the indian companies act, 1965, annexure a, para no. ..... , which was covered by the provisions of section 40a(2)(6) of the act and in view of the report being silent on this aspect, it was taken to mean that, the assessee did not desire to highlight the same, had made efforts to suppress the information, so that, it escapes the attention of the assessing authority.51. ..... hanuman agarwal [1985] 151 itr 150, wherein at page 157, the observation was to the effect that section 131 of the act permits the department to proceed with suspicion, but as soon as the assessee provides the names and the addresses as also the ward no. ..... the issue of sales tax collected, but not paid during the year, for the reason that, the due date of payment under the sales-tax act fell after the close of the accounting year of the assessee. ..... he submitted that, the disallowance if at all could be with reference to the excess over the limits prescribed under section 40(c) of the act.the revenue relied on the orders of the authorities. .....

inspecting Assistant Vs. Ghaziabad Engineering Co. (P.)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)7ITD289(Delhi)

..... it was also submitted that the provisions of section 294a have been introduced by the companies (amendment) act, 1965 and had prohibited the payment of compensation to sole selling agents for the loss of office in certain cases. ..... on close of the business on the 9-2-1977, cease to be the sole distributor of m1co bosch products in the territories assigned to it and in which it was acting up to the said date in pursuance of the aforesaid agreement/arrangements and thereupon mico shall acquire the right to carry on the entire distribution and servicing of mico bosch products in the sole territories through its own delhi sales house or in such other manner as it may deem fit, provided that nothing in this clause shall affect the right of gec to carry on the business of servicing ..... he then proceeded to consider the special provision of the act under sub-clauses (a) to (c) of section 28(ii).section 28(ii)(c) has provided that any compensation or other payment due to or received by any person, by whatever name called, holding an agency in india for any part of the activities relating to the business of any other person, at or in connection with the termination of the agency or the modification of the terms and conditions relating thereto is chargeable as income under the head 'profits and gains of business or profession.8. .....

Slocum Investment P. Ltd. (Now Vs. the Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

..... he also drew our attention to the provisions of section 158ba where the legislature has provided that in the case of search initiated after 30.6.1995 the assessing officer shall assess the undisclosed income in accordance with the provisions of chapter xivb of the act, notwithstanding anything contained in any other provisions of the act.according to the learned counsel for the assessee this non-obstante clause in section 158 ba, by itself would rule out the applicability of the provisions of section 92 of the act in a block assessment proceedings. ..... reference was made to the decision of the hon'ble supreme court in the case of gillanders arbuthnot and company 87 itr 407 (sc) where the question before the court arose in the context of the proviso to section 12b (2) of the 1922 act, whereby a person acquiring a capital asset form another person directly or indirectly connected at a particular price, the ao was empowered to substitute the full value of consideration received by the transferee, with the fair market value of the capital asset on the date of transfer. ..... however, after hearing the representative who appeared, the ito passed an order dated march 2, 1965, in the case of m/s merchandise and stores ltd. .....

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)96TTJ(Delhi)1

..... amount did not represent income chargeable to tax under the act.however, if the view of the revenue is accepted that the income is taxable under the act, tax was deductible at source from such income.in case there is failure on the part of the payer to deduct the tax, the remedy of the department is to treat the payer as an assessee in default under section 201(1) of the act and recover the tax from him.they could have further charged interest from that person under section 201(1a) of the act. ..... sharma, the learned counsel for the revenue, to the effect that the assessee has attempted to disintegrate the composite works contract into three parts namely the supply contract, the installation contract and the business promotion agreement and thereby adopted a game plan to evade taxes lawfully due to the indian government, mr. ..... guntur tobacco air 1965 sc 1396 where the relevant tests were laid down in para 18 and it was held in para 28 that the burden to show that it was a contract of sale and not a works contract was on the revenue.245. .....

Asian Hotels Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101ITD247(Delhi)

..... project is further divided between revenue expenditure and capital expenditure both in the books of account of the assessee as well as the claim made by the assessee during the course of assessment proceedings and the proceedings before the learned cit (appeals).during the course of appeal before the tribunal, the assessee has for the first time claimed that the entire expenditure on renovation and refurbishment project should be allowed as revenue expenditure and deducted from the income of the respective years in which the expenditure has been recorded ..... or repairs which may or may not be entitled to deduction under section 37 of the act but such an expense has been rightly held by the tribunal as not being allowable as deduction under the said head 'current repairs'.as to the applicability of provisions of section 37(1), the hon'ble delhi high court held as under: we might, however, observe that, while disallowing the expenditure under section 30(a)(ii), the income-tax appellate tribunal has given direction that the assessee be allowed depreciation on the above expenditure, if otherwise admissible. ..... during the course of hearing before us the learned counsel for the assessee argued that the assessee had been operating the hotel at new delhi by the trade name of hyatt regency from the time of asian games held in new delhi in 1984. ..... [1965] 56 itr 256 (mad. .....

Degremont India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)59ITD423(Delhi)

..... 80hh and 80-i, it can by no stretch of imagination be treated as immovable property such as dam, building, roads or other similar civil construction work.it will also be worthwhile to make a useful reference to the various decisions cited by the learned representatives of the assessee such as the cases reported in (1968) 68 itr 325 (bom) (supra), (1991) 188 itr 720 (sic) (supra) (slp dismissed by supreme court) (1993) 203 itr 3 (st) (supra), 31 itd 79 (supra) and 33 itd 680 (supra) and 8 itd 820 ( ..... systems manufactured by it and on which it had paid excise duty, did not amount to manufacture, that therefore, the weighbridges were not chargeable to excise duty under the central excise and salt act, 1944, and that, in any case since the indicator systems manufactured by it had already suffered taxation, the end-product could not be charged; held, (i) that as a result of the work of the appellant, a new product known in the market, and falling under the tariff item 'weighbridges' came into being ..... the learned counsel submitted that know-how consisting of visualisation of all the aspects involved and to design and engineer the necessary effluent treatment plant is the name of the game. ..... cit (1965) 57 itr 21 (sc), that normally purchase of land represents investment of money in land, cannot be raised to the level of presumption of fact or that of law and its scope cannot be widened so as to be applied universally in all cases. .....

Shanti Devi Progressive Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1999)68ITD1(Delhi)

..... 255(4) of the income-tax act, 1961 :- whether, on the facts of the case and in accordance with the provisions of law, the assessee's claim for exemption under section 10(22) of the income-tax act, 1961 was tenable as held by the vice president or the claim under the said section was not allowable as per the view of the judicial member on a difference of opinion between the members, the following point was referred to the hon'ble president, under section 255(4) of the it act : "whether, on the facts of the case and in accordance with the provisions of law, the assessee ..... 's claim for exemption under section 10(22) of the it act ..... in most of the public schools, there is the provision of coaches for various games, ground facilities for sports, auditorium, swimming pool, computers, etc. ..... the assessee received donations from a trust during the previous years relevant to the assessment years 1965-66, 1966-67 and 1967-68, in sums of rs. .....

Dev Kumar JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)82TTJ(Delhi)703

..... which was referred to their lordships was whether understatement of consideration in a transfer of property is a necessary condition for attracting the applicability of section 52 sub-section (2) of the it act 1961 or it is enough for the revenue to show that the fair market value of the property as on the date of the transfer exceeds the full value of consideration declared by the assessee in respect of the transfer by an amount of not less than 15 per cent of the value so declared.27.12 accordingly, in these facts, their lordships held that sub-section (2) of section 52 had no applicability in a case ..... 48,500 to tax relying upon section 52 sub-section (2) of the act.27.6 the learned single judge game to the conclusion in the writ proceedings that the understatement of consideration in respect of the transfer was a necessary condition for attracting the applicability of section 52 sub-section (2) and since in the present case there was admittedly no understatement of consideration and it was perfectly a bona fide transaction, sub-section (2) of section 52 had no application and a sum of rs. ..... 1965, the assessee sold the house for the same price to his daughter-in-law and five of his children. .....

Amadeus Global Travel Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113TTJ(Delhi)767

..... per month as against the actual expenditure incurred as claimed by the appellant before him), (b) 50% of the actual data processing charges, and (c) equipment rental charges.however, the cit(a) confirmed the order of the assessing officer for the assessment years under consideration in: (b) holding that 100% of the profits in respect of segments booked from india through the crs are liable to tax in india and (c) confirming the levy of penal interest under section 234a and 234b of the act.the appellant is in appeal before the tribunal (ita nos. ..... the question whether a particular part of income, profit or gain arose or accrued within the taxable territories or without the taxable territories would have to be decided having regard to the general principles as to where the income, profit or gain could be said to arose or accrue, the court held.in the aforesaid case, the assessee company incorporated in the united kingdom and having its registered office in london manufactured yarn and cloth in their mill at pondicherry. .....