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Commissioner of Income-tax Vs. N.S.M. Sankarapandian

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 15, 16 and 16(1), 64 and 64(1) and 28;

Reported in : (1997)142CTR(Mad)62; [1996]222ITR289(Mad)

retains the same character of the income of the firm as profit.' 8. Explanation 2 added by the Finance Act, 1992, from April 1, 1993, in section 15 makes it clear that the salary received by a partner of … Appellate Tribunal was correct in law in holding that the assessee is entitled to claim standard deduction under section 16(i) of the Income-tax Act, 1961, from the sums paid as salary by the firms in which he and

Commissioner of Income Tax, Ludhiana, Etc.Etc. Vs. Shri Om Prakash, Et ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 64(1) and 263; Indian Income-tax Act, 1922 - Sections 16(3) and 35; Constitution of India - Articles 14, 19(1) and 226; Gift-tax Act - Sections 4; Wealth-tax Act - Sections 4; Finance Act, 1979 - Sections 64; Taxation Laws (Amendment) Act, 1975; Finance Act, 1992; Finance (No.2) Act, 1971;

Reported in : 1996IAD(SC)205; AIR1996SC593; (1996)130CTR(SC)82; [1996]217ITR785(SC); JT1995(8)SC245; 1995(6)SCALE487; 1995Supp(4)SCC737; [1995]Supp5SCR346

which such individual is a partner' in Clause (iii) corresponding to Clause (ii) until they were deleted by Finance Act, 1992 w.e.f. April 1, 1993 and insertion of Sub-section (1A) - with which aspects we are not concerned herein. … Rs. 1,06,156 for the remaining period as the income of the smaller H.U.F., applying, at the same time, Section 16(3)(a) (ii) of the Indian Income Tax Act, 1922. Hirday Narain then made an application for rectification under Section

Commissioner of Income-tax Vs. Pramod Kumar Jain

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 15 and 16; Finance Act, 1992

Reported in : (1995)125CTR(Raj)154; [1995]216ITR598(Raj)

considered as laying down the correct law.8. It may also be observed that Explanation 2 added by the Finance Act, 1992, from April 1, 1993, in Section 15 makes it clear that the salary received by a partner of … only controversy which has been raised in the present matter is regarding the interpretation of the provision of Section 16(1) of the Income-tax Act, 1961, as to whether the salary received by the asses see-partner falls to be

Mrs. Catherine Thomas Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2008)116TTJ(Coch.)797

following submissions : It was argued that the legislature while inserting Sub-section (5) in Section 45 through the Finance Act, 1987 w.e.f. 1st April, 1988 did not provide for cases where enhanced compensation was reduced by any Court, … of the CIT (A)-I, Kochi, all dt. 16th Dec, 2004 for the asst.yrs. 1987-88, 1988-89, 1990-91, 1991-92 and 1992-93. The facts as well as the issues are identical in all these appeals, hence these appeals were heard … has challenged the impugned orders of the CIT (A)-I, Kochi, all dt. 16th Dec, 2004 for the asst.yrs. 1987-88, 1988-89, 1990-91, 1991-92 and 1992-93. The

Mrs. Catherine Thomas Vs. the Dy. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2008)111ITD132(Coch.)

the following submissions: It was argued that the legislature while inserting Sub-section (5) in Section 45 through the Finance Act 1987 with effect from 1-4-1988 did not provide for cases where enhanced compensation was reduced by any courts … orders of the Commissioner of Income-tax(Appeals)-I, Kochi all dated 16-12-2004 for the Assessment Years 1987-88,1988-89, 1990-91, 1991-92 and 1992-93. The facts as well as the issues are identical in all these appeals, hence these appeals were hoard

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (1999)65TTJ(Del)1

Explanationn in section 9(ii) of the Income Tax Act, 1961, with effect from 1st April, 1979 by the Finance Act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services … earlier letter about payments made to expatriates abroad. Consequently, the Assistant Commisisoner issued summons under section 131 to 16 expatriate employees on 27th Oct., 1995, requiring them to furnish particulars of their salary and other income received

The Director of Income Tax Vs. Shardaben Bhagubhai Mafatlal Public Cha ...

Court : Mumbai

Subject : Direct TaxationTrusts and Societies

Acts : Income Tax Act, 1961 - Sections 2(31), 11(5), 13(1), 80-L, 160, 161(1), 162, 164 and 260-A; Companies Act, 1956 - Sections 617; Finance Act, 1991; Finance Act, 1992; Finance Act, 1983; Income Tax Act, 1922 - Sections 16(3)

Reported in : (2001)1BOMLR744; (2000)164CTR(Bom)97; 2001(2)MhLj695

pattern which was brought to the notice of the Government. With a view to remove the hardship, the Finance Act, 1992 amended clause (iia) in the provision to section 13(1)(d) to provide that an asset, other than an investment … No. 636 dated 31st August, 1992 198 I.T.R. 145; Circular No. 691 dated 19th December 1991 195 I.T.R. 164.5. Mr. Andhyarujina, learned counsel appearing on behalf of the assessee-Trust, on the other hand, contended that looking to

State of Gujarat Vs. Utility Users Welfare Association Through Its Pre ...

Court : Supreme Court of India

Subject : Land Acquisition

provisions, which will have to be referred to are being reproduced hereunder: finance, commerce, “Section 84. Qualifications for appointment of Chairperson and Members of State … Similar was stated to be the position of Section 4 of the Securities and Exchange Board of India Act, 1992. On the other hand, the specific provision made in Section 84(2) of the said Act has to be … context of the functions and duties of the authority, relevant provisions under the said Act were referred to. Section 16 requires an Appropriate Commission to specify conditions of license. Section 45 of the said Act makes provision for

K.V. Kuppa Raju and ors. Vs. Government of India and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 64 and 64(1A); Constitution of India - Article 14

Reported in : ILR1999KAR4445; [2000]242ITR522(KAR); [2000]242ITR522(Karn)

Unni Krishnan (J. P.) v. State of A. P., : [1993]1SCR594 .9. Section 64(1A) was inserted by the Finance Act, 1992, from April 1, 1993, i.e., the assessment year 1995-94. The validity of this provision was challenged before the … the taxpayer who plays with fire to complain of burnt fingers.' 13. The validity of the provisions of Section 16 of the Act of 1922 and the provisions of Section 64/65 of the Act have also been upheld

K.M. Vijayan and Others Vs. Union of India and Others

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(7), 2(24), (31) and (45), 3, 4 , 4(1), 5, 6, 7, 8, 9, 10(32), 14, 15, 16, 19(3), 17, 18, 19, 19(1), 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 64(1), 64(1A), 65, 80(L), (U), (CC) and (CCB), 88, 139, 159(6), 162, 171 and 171(1) and (9); Constitution of India - Articles 14 to 19 and 248

Reported in : [1995]215ITR371(Mad)

order or direction declaring the provisions of section 64(1A) of the Income-tax Act, 1961, as amended by the Finance Act, 1992, as illegal, beyond the scope of preventing avoidance of tax and inconsistent with the scheme of the Income-tax … opportunity of being heard, that it is necessary so to do.' 14. It remains to be seen that section 16 of the 1922 Act and section 64 of the 1961 Act were enacted to prevent avoidance of tax