Case Laws |
Home Case Index All Cases Income Tax Section Wise 2002 2002 (12) This
|
Advanced Search Options
Case Laws
Showing 461 to 473 of 473 Records
-
2002 (12) TMI 13 - SUPREME COURT
Revenue contend that within the State they could refuse to follow the jurisdictional High Court's decision - held that If at the time when the power u/s 263 was exercised the decision of the jurisdictional HC had not been set aside by this court or at least had not been appealed from, it would not be open to the Commissioner to have proceeded on the basis that the HC was erroneous and that the AO who had acted in terms of the High Court's decision had acted erroneously.
-
2002 (12) TMI 12 - SUPREME COURT
There is no dispute between the parties that the transactions of counter sales effected by the respondent involved customs clearance within the meaning of Explanation (aa) to section 80HHC(4A) and further that the sales were in convertible foreign exchange - In these circumstances, we are of the view that the Revenue having accepted and consistently followed the position of law settled by Ram Babu's case, particularly in the case of the assessee itself, there is no merit in this appeal
-
2002 (12) TMI 11 - SUPREME COURT
Whether the Settlement Commission gets a complete role in total substitution of other authorities under the Income-tax Act, 1961 and if so, for what purpose and to what extent - Whether the Commission is empowered to waive the interest under section 234A while exercising its jurisdiction under section 245D(4) - Whether the assessment order passed by the AO prior to the admission of settlement application u/s 245C, will subsist and the recovery proceedings will continue or not
-
2002 (12) TMI 10 - SUPREME COURT
Whether the assessee is required to pay any interest on the amount of tax on the income disclosed before the Settlement Commission as contemplated under sections 234A, 234B and 234C - interest on the "aggregate income" based on earlier disclosed and subsequently disclosed income, is to be determined by the Commission and on the tax found due on such income, interest will be charged in accordance with the provisions applicable in the regular assessment proceedings
-
2002 (12) TMI 9 - SUPREME COURT
Whether the Tribunal is right in confirming the order of Commissioner of Wealth-tax (Appeals) directing the AO to exclude the value of the assets transferred to body of individuals from the wealth of the assessee - Once it is found, as a fact, that the creation of the BOI and assignment of assets was not sham and bogus activity, the question sought to be referred would not arise and, therefore, the Tribunal u/s 27(1) and the HC u/s 27(3) were right in rejecting the application of the Revenue.
-
2002 (12) TMI 8 - SUPREME COURT
Assessee is incorporated as a company limited by guarantee under the Companies Act, 1956 - assessee's claim for the benefit of section 11 was denied by AO on two grounds - firstly, assessee was a diamond bourse and as such its objects were not "charitable purpose" - secondly, the assessee had breached the conditions under section 13 and as such was liable to be denied the benefit of section 11 - Contention of AO is justified - revenue's appeal allowed
-
2002 (12) TMI 7 - SUPREME COURT
Purchase of Immovable Property by Central Government - appellants' challenge under article 226 to the order passed by the appropriate authorities under section 269UD(1) - submission of the appellants that the Central Government had not deposited or tendered the amount within the time required under section 269UF, is raised for the first time, hence rejected - appeal also dismissed
-
2002 (12) TMI 6 - SUPREME COURT
Appellants' declarations which the appellants had filed under the "Kar Vivad Samadhan Scheme, 1998, was rejected - Since the appellant's case formally fulfilled the criteria for being considered under Chapter IV of the Finance (No. 2) Act, 1998 (, we set aside the order of the HC by which the declaration filed by the appellant under the Scheme was rejected - respondents are directed to consider the declaration filed by the appellant under section 88
-
2002 (12) TMI 5 - SUPREME COURT
Whether, 50 per cent out of the assessee's ten per cent. right, title and interest in the partnership firm belongs to assessee's trust and the income arising therefrom belongs to the said trust by overriding title - appeal of revenue is allowed but tribunal is directed to refer above questions to HC
-
2002 (12) TMI 4 - SUPREME COURT
Whether the deductions which are permissible under the provisions of the Act can be considered to have been actually allowed when the assessee has been made liable to pay (tax on) 30 % of its book profits in terms of s. 115J - revenue's contention that deductions not been actually allowed as claimed by the appellant, the assessee would not have been liable to pay only the tax on the book profit but tax on the actual income, is acceptable - held that there is no notional but actual deduction
-
2002 (12) TMI 3 - CEGAT, NEW DELHI
Central Excise – Manufacturer – Fabrication and assembly work – Appellant contended that fabrication and assembly work under the contract by M/s. Oilex Engineers (I) Pvt. Ltd., were the manufacturer of goods in question, hence demand of duty and penalty set aside
-
2002 (12) TMI 2 - CEGAT, KOLKATA
Service Tax – Telephone services - Valuation of telephone service - Case remanded ... ... ... ... ..... tax leviable on the amount of surcharge collected for delayed payment on telephone bills and refers to the Board s Service Tax Circular No. 29/3/99, dated 15-7-99. He also assails the imposition of personal penalty upon the appellants and the confirmation of interest. 6. However, Shri Dutta fairly agrees that the above issues were not raised before the Commissioner and as such he did not have occasion to deal with the same. We also note that the disputed issue also relates to the factual aspects which can be verified at the original level. Considering the submissions made by Shri Dutta, ld. Advocate, we set aside the impugned order and remand the matter to the original adjudicating authority for fresh decision after taking into consideration the appellants plea. Needless to say that the appellants would be given an opportunity to put forth their case before the Commissioner and would be at liberty to raise the above pleas before him. Appeal is disposed of in the above terms.
-
2002 (12) TMI 1 - CEGAT, MUMBAI
Service Tax – Service provided by goods transport operator in relation to carriage of goods (1) Registration and Returns (2) Demand
....
|
|