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Excise Commissioner and anr. Vs. Mysore Sales International Ltd. and o ...

Court : Karnataka

Reported in : [2006]286ITR136(KAR); [2006]286ITR136(Karn)

..... vending in retail price as fixed by the state government in their respective assigned areas in the state of karnataka and therefore it is contended that the appellants were not statutorily required to collect the income-tax at source from them and remit the same to the department as contended by it.9. the third ground of attack of the impugned assessment orders passed against them is that the lack of jurisdiction ..... arrack in retail alter acquiring rights from the excise department of the state government in public auction and therefore the sellers had got statutory obligation under the above provision of the act to collect the tax amount by way of deduction from them at the time of sale of goods of indian liquor of arrack as they have purchased the same from the appellants 1 and 2 ..... . should not have given directions/instructions by way of circulars to the manufacturers of liquor in the state stating that they need not collect income-tax at source from the buyers without understanding the statutory provisions of section 206c of the act and he had acted arbitrarily without realizing the ..... that the provisions of section 206c of the act are not applicable to them as they come within the category of explanation to section 206c sub-section (11) clause (a) 'buyer' sub-clauses (i) to (iii) which provisions were inserted by way of an amendment by the finance act, 1992, which have come into force w.e.f. ..... and rural district in relation to chapter xvii for collection and recovery at .....

Mysore Sugar Co. Ltd. Vs. Dy. Cit (Tds)-i

Court : Karnataka

Reported in : [2006]154TAXMAN447(Kar)

..... the learned single judge had rightly held that excise commissioner should not have given directions/instructions by way of circulars to the manufacturers of liquor in the state stating that they need not collect income-tax at source from the buyers without understanding the statutory provisions of section 206c of the act and he had acted arbitrarily without realizing the legal position that he is not the competent ..... liquor of vending in retail price as fixed by the state government in their respective assigned areas in the state of karnataka and, therefore, it is contended that the appellants were not statutorily required to collect the income-tax at source from them and remit the same to the department as contended by it.9. the third ground of attack of the impugned assessment orders passed against them is that the lack of jurisdiction for the first ..... within the category of explanation to section 206c sub-section (11) clause (a) 'buyer' sub-clauses (i) to (iii) which provisions were inserted by way of an amendment by the finance act, 1992, which have come into force with effect from 1-4-1992, wherein the definition of 'buyer' under clause (a) is explained under sub-clause (iii) of the said clause, which provision excludes the buyers who have obtained the goods of liquor from the ..... issued by him the powers are conferred upon the acit (tds)-i, bangalore, and he had jurisdiction of bangalore urban and rural district in relation to chapter xvii for collection and recovery at source .....

Excise Commissioner and anr. Vs. Mysore Sales International Ltd. and o ...

Court : Karnataka

Reported in : (2006)203CTR(Kar)505

..... learned single judge had rightly held that excise commissioner should not have given directions/instructions by way of circulars to the manufacturers of liquor in the state stating that they need not collect income-tax at source from the buyers without understanding the statutory provisions of section 206c of the act and he had acted arbitrarily without realizing the legal position that he is not the competent ..... liquor of vending in retail price as fixed by the state government in their respective assigned areas in the state of karnataka and therefore it is contended that the appellants were not statutorily required to collect the income-tax at source from them and remit the same to the department as contended by it.9. the third ground of attack of the impugned assessment orders passed against them is that the lack of jurisdiction for the ..... the category of explanation to section 206c sub-section (11) clause (a) 'buyer' sub-clauses (i) to (iii) which provisions were inserted by way of an amendment by the finance act, 1992, which have come into force with effect from 1-4-1992, wherein the definition of 'buyer' under clause (a) is explained under sub-clause (iii) of the said clause, which provision excludes the buyers who have obtained the goods of liquor from the ..... by him the powers are conferred upon the assistant commissioner (tds)-i, bangalore and he had jurisdiction of bangalore urban and rural district in relation to chapter xvii for collection and recovery at source .....

In Re: Kranti Kumar Saxena

Court : Madhya Pradesh

Reported in : [2003]262ITR33(MP)

..... a hindu undivided family, who is responsible for paying to a resident any income by way of interest other than income by way of interest on securities, shall at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force :(* * *) omitted by the finance act, 1992, with effect from june 1, 1962.explanation. ..... by means of a voucher dated october 9, 1991 (annexure c), to the collector and the land acquisition officer with a direction to deduct the tax and to credit it to the income-tax department and then to remit the rest of the amount along with the challan copy for further proceedings. ..... rupees' had been substituted and the aforesaid amount shall be computed with reference to the income credited or paid by a branch of the banking company or the co-operative society or the public company, as the case may be ; (ii) to such income credited or paid before the 1st day of october, 1967;(iii) to such income credited or paid to-- (a) any banking company to which the banking regulation act, 1949 (10 of 1949), applies, or any co-operative society engaged in carrying on ..... non-resident indian' and 'foreign exchange asset' shall have the meanings assigned to them in chapter xii-a ;(b) 'authorised dealer' shall have the meaning assigned to it in clause (b) of section 2 of the foreign exchange regulation act, 1973 (46 of 1973).' 7. .....

isg Traders Ltd Vs. Commissioner of Income-tax, West

Court : Kolkata

..... section 14a "23.1 through the finance act, 2001, a new section namely 14a was inserted in the income-tax act retrospectively with effect from 1st april, 1962 to clarify the intention of the legislature that no deduction shall be allowed in respect of any expenditure incurred by an assessee in relation to income which does not form part of the total income under the income-tax act. ..... : this appeal under section 260a of the income-tax act, 1961 ("act") is at the instance of an assessee and is directed against an order dated 29th may, 2002 passed by the income-tax appellate tribunal, "c" bench, kolkata, in income-tax appeal being ita no.349 (kol) of 2002 for the assessment year 1998-99 by which the tribunal allowed the appeal preferred by the revenue and set aside the order passed by the cit ..... --for the purposes of computing the total income under this chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under this act: provided that nothing contained in this section shall empower the assessing officer either to reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability ..... filed its return of income for the assessment year 1998-99 and in the said return, the appellant claimed that the entire interest expenditure of rs.3,69,36,637/- incurred by it under section 36(1)(iii) of the act should be deducted. .....

Nedumpilli Finance Company Limited Vs. State Of Kerala .

Court : Supreme Court of India

..... this working group actually recommended in paragraph 6.72 of its report that though nbfcs were being regulated by the directions issued under chapter iii b of the rbi act and chapter v of the nhb act, it would be better to enact a separate legislation. ..... the role of various categories of non banking financial intermediaries; (ii) to review the provisions of the rbi act, 1934; non banking financial companies (reserve bank) directions 1977, miscellaneous non banking companies (reserve bank) directions, 1977; residuary non banking companies (reserve bank) directions, 1987; the national housing bank act, 1987 and the housing finance companies (nhb) directions, 1989; (iii) to enquire into the methods of operation of non banking financial intermediaries and to recommend measures for ensuring ..... provision which reads as follows: notwithstanding anything contained in this act or any other law for the time being in force, no money lender shall recover the principal of the loan advanced by him or the interest thereon either in part or in whole except in cash.5.7 though we are not concerned with the validity of such a provision we could not resist the temptation to take note of the said provision which is in the teeth of section 269 ss of the income tax act, 1961.6. .....

Chief Electoral Officer, Haryana Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1999)68ITD439(Chd.)

..... ito (1997) 58 ttj (chd) 33 : (1995) 55 itd 429 (chd), wherein it was held that principal liability for payment of income-tax was of the person who received income and since such person had paid tax on income so received, even if technically default for not deducting tax at source continued, such a default disappeared as soon as the other person discharged this liability.4.2. ..... 191, wherein it is provided that 'in the case of income in respect of which provision is not made under this chapter for deducting income-tax at the time of payment, and in any case where income-tax has not been deducted in accordance with the provisions of this chapter, income-tax shall be payable by the assessee direct. ..... he referred to copy of circular placed in the paper-book and submitted that the five cases in which the circular has been struck down are duly noted in the publication (direct tax circulars-income-tax) brought out by taxman. ..... 194c and submitted that the object was to collect tax @ 2% on income comprised in the payment made to contractors and that s. ..... obviously, the purpose of the definition, as inserted by the finance act, 1995 w.e.f. ..... he referred to the budget speech of the finance minister, reproduced in (1972) 83 itr 208 (st), wherein the last paragraph hon'ble minister mentioned that, "i hope, this alliance between the revenue department and the contractors will lead to prompt payments all round". ..... iii to s. ..... (iii) cit vs. d. k. .....

George Williamson (Assam) Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Guwahati

..... the further pleadings of the petitioner-company are that parliament having amended the provisions of the income tax act by the finance act, 1997, inserted chapter xii-d consisting of section 115-c with effect from june 1, 1997, providing for payment of additional income-tax on any amount declared, distributed or paid by a domestic company by way of dividend whether out of current or accumulated profits, the petitioner-company was liable to pay such additional income-tax at the rate of 10 per cent, under the amended provision. ..... the proper approach to the solution of the question is to concentrate on the plain words of the definition of agricultural income which connects in no uncertain language revenue with the land from which it directly springs and a stray observation in a case which has no bearing upon the present question does not advance the solution of the question. ..... , or the produce of which, any process mentioned in paragraphs (ii) and (iii) of sub-clause (b) is carried on.on analysis of the incidence of the agricultural income to be fallen under jurisdictional authority of the state legislature under entry 46 of the state list for enactment any tax relating thereto, such agricultural income must come within the four corners of the definition of agricultural income as defined in section 2(1a) of the act, which provides that such income should be derived from the land, building used for the ..... vadilal lallubhai/sakarlal balabhai : [1972]86itr2(sc) ;empire jute co. .....

Ramjilal Vs. Income-tax Officer, Mohindargarh

Court : Supreme Court of India

Reported in : AIR1951SC97; [1951]19ITR174(SC); (1951)IMLJ384(SC); [1951]2SCR127

..... it is said that while the people of kapurthala which is included in pepsu have been asked to pay income-tax for the period prior to august 20, 1948, at the old rate fixed by the kapurthala income tax act which was lower than the rate fixed by the patiala income tax act, 2001, the people of nabha who had not to pay any income-tax prior to august 20, 1948, at all have been made liable to pay at the higher patiala rate and that such discrimination ..... argument was founded on the basis that protection against imposition and collection of taxes save by authority of law was guaranteed by article 31(1) and his endeavour was to establish that the pepsu ordinances could not, in law, and did not, on a correct interpretation of them, impose any income-tax retrospectively, that the income tax officer on an erroneous view of the law had wrongly assessed the tax on income accrued prior to august 20, 1948, and that consequently the petitioner was being ..... article 265 not being in chapter iii of the constitution, its protection is not a fundamental right which can be enforced by an application to this court under article 32 ..... in our opinion, the protection against imposition and collection of taxes save by authority of law directly comes from article 265, and is not secured by clause (1) of article 31 ..... has next to be made to article 265 which is in part xii, chapter i, dealing with 'finance'. ..... 1 of 2006 called the finance ordinance promulgated on april 13, 1949, which came into force on that very date .....

Sangeeta Exports (P) Ltd., Vs. Union of India (Uoi) Through the Secret ...

Court : Delhi

Reported in : (2008)219CTR(Del)605; [2009]311ITR258(Delhi)

..... director of income tax (pros) communicated the order of the central board of direct taxes to the ccit-iii, delhi, wherein the board directed the ccit-iii to consider the compounding application of the petitioners on merits if the appellate or the revisional court allows the accused to apply for the ..... question arises for determination in the present petition is, 'whether the central board of direct taxes can issue instructions to control the discretion of the commissioner of income-tax under section 279(2) of the act, to compound the offences?'22. ..... from the facts of the case, the central board of direct taxes has rejected the application for compounding, hence the chief commissioner of income tax is rejecting the application of the petitioners for compounding ..... the board may, from time to time, issue such orders, instructions and directions to other income-tax authorities as it may deem fit for the proper administration of this act, and such authorities and all other persons employed in the execution of this act shall observe and follow such orders, instructions and directions of the board:provided that no such orders, instructions of directions shall be issued-(a) so as to require any income-tax authority to make a particular assessment or to dispose of a particular case in a particular manner; or(b) so ..... section 79(2) of the act lays down 'any offence under this chapter may, either before or after the institution of proceedings, be compounded by the chief commissioner or a ..... finance .....