Court : Mumbai
Reported in : (1990)87CTR(Bom)71; [1991]188ITR224(Bom)
..... section 161(1a) was inserted in the income-tax act, 1961. this amendment has been inserted by the finance act, 1984, with effect, from april .1, 1985. we are, therefore, concerned with the relevant provisions of the income-tax act prior to that date.3. chapter xv of the income-tax act, 1961, deals with tax liability in certain special ..... cases. this includes, inter alia, the liability of representative assessees. the relevant portions of the sections in chapter ..... observed that even though the income to be assessed is the income of a trustee, it must be assessed under one of the heads mentioned in chapter iii of the act and the provisions laid down with regard to the computation of that, income must be carried out. section 41 will come into play after the .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(4)KarLJ393
..... by his order dated 30-6-2000 restored the order of the taxation appeal committee by setting aside the order of the divisional commissioner.7. chapter x of the karnataka municipal corporations act, 1976, enumerates taxes which may be imposed and the procedure to be followed for imposing of such taxes on buildings and vacant spaces other than ..... prefer an appeal before the district court as against the order passed by the standing committee for appeals or as the case may be, standing committee for taxation, finance and appeals or any order of the divisional commissioner under rule 19 to be preferred within thirty days from the date of such decision or order. in the ..... order of the district court or the divisional commissioner or the decision of the standing committee for appeals or as the case may be, standing committee for taxation,finance and appeals, or the orders passed by the commissioner, as the assessment or demand of any tax shall be final:provided that where any assessment or demand is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1982]134ITR158(AP)
..... '. in birmingham small arms co. ltd. v. irc [1951] 2 all er 296 construing the expression 'capital employed' in relation to the excess profits tax imposed by the finance act, 1939, lord simonds, speaking for the house of lords, held that the expression (p. 299): ''capital employed' means assets employed. for the capital is something which 'consists ..... questioned in this writ petition and a direction for quashing the assessment order of the ito dated january 22, 1979, is sought. 9. w.p. no. 2453/1978: the petitioner in this writ petition is a firm carrying on the business of manufacture of wire drawing and wire galvanising, having its factory at nacharam, hyderabad. the ..... or from a ship to which this section applies shall be computed in accordance with the provisions contained in chapter iv-d. (6) nothing in this section shall affect the application of the provisions contained in chapter xi in relation to the profits and gains derived from an industrial undertaking or business of a hotel or .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]95ITR171(All)
..... a separate legislation in that regard under entry 97 of the union list. the supreme court held that assuming that the scheme of chapter xxii-a introduced in the income-tax act, 1961, by the finance act, 1964, is governed by entry 97 of the union list, there is no prohibition against parliament enacting in a single statute, ..... prior to 1972 winnings from lotteries used to be exempt from income-tax as being receipts of casual and non-recurring nature. by the finance act, 1972, certain amendments were made to the income-tax act, 1961, as a result of which the winnings from lotteries and gains from certain other pastimes like races, card games, gambling and ..... betting also became taxable. the following amendments were made in the income-tax act, 1961. 4. in section 2(24), which defines ' income ', a new clause (ix) was added reading as under:' 2(24)(ix). any winnings from lotteries, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2007]292ITR533(MP)
..... calculation of depreciation, the assessing officer rectified the assessment suo motu under the provisions of section 154 of the act, on 28-1-1999.2. the appellant thereafter filed a declaration under section 88 of chapter iv of the finance (no. 2) act, 1998, called the 'kar vivad samadhan scheme, 1998', (hereinafter referred to as, 'the kvs scheme'), ..... of the case, the appellate tribunal is justified in holding that after full and final settlement of the tax arrears under section 90 of the finance (no. 2) act, 1998 in respect of all the matters, the commissioner of income-tax had jurisdiction to revise the said assessment order under section 263 of the ..... on 31-12-1999, after rectification of the order under section 154 of the act. the declaration was accepted under section 92 of the kvs .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... respect of assessment years 1988-89 or any earlier assessment year, revised return can still be filed within two years from the end of relevant assessment year.9. by finance act, 1985, some amendments were brought in section 139 whereby some of the sub-sections were substituted. section 132 as it stood in the financial year lays down the ..... during which the default continued; explanation. - in this clause, 'assessed tax' means tax as reduced by the sum, if any deducted at source under chapter xviib or paid in advance under chapter xviic;(ii) in the cases referred to in clause (b), in addition to any tax payable by him, a sum which shall not be less than ..... rival contentions made by the learned counsels appearing for the parties, i would first like to discuss some of the relevant provisions of the income tax act, 1961.7. chapter xiv of the income tax act, 1961 deals with the procedure for assessment in the event return is filed. section 139 provides that every person, if his total income or .....
Tag this Judgment!Court : Orissa
Reported in : 38(1972)CLT992; [1974]94ITR459(Orissa)
..... limited scope asit originally stood and is limited to disclosure of information in respect of the tax payable. the finance act, 1964 (act v of 1964), by chapter xiii omitted section 137 of th'e 1961 act and by section 33 substituted section 138 by a new section which contained two sub-sections. the first sub- ..... that sub-section on courts is maintained. the prohibition against any public servant disclosing certain particulars also has disappeared. the position, therefore, is that after the finance act, 1964, has come into force, no particulars contained in any document whatever filed or produced during assessment proceedings are confidential and the bar on courts from ..... any statement made, return furnished, or accounts or documents produced under the provisions of that act, or in any evidence given or affidavit or deposition made, in the course of any proceeding under the said act, except under chapter viii or in any record of any assessment proceeding should be treated as confidential. the .....
Tag this Judgment!Court : Orissa
Reported in : 38(1972)CLT148
..... auditor appointed by the state government. a copy of the audited accounts together with the auditor's report shall be published in the gazette.chapter viii of the regulations deals with the finances of the board. 17. it would thus be seen that by various statutory provisions the board fund is controlled and utilised for the ..... of education. the income of the board cannot, therefore, be computed in the total income of the previous year under section 10(22) of the income-tax act, 1961. the opposite party exercised his jurisdiction illegally in issuing the aforesaid notices which are liable to be quashed. mr. misra very seriously contended that at this ..... and recommending any book as a text book or a handbook and to undertake compilation and publication of such books ; (d) to make regulations for imposing penalties, for acts of misconduct of students, teachers, examiners, examinees, printers of text-books or question papers and of persons connected with an examination of the board ; (e) to .....
Tag this Judgment!Court : Orissa
Reported in : [1972]86ITR408(Orissa)
..... auditor appointed by the state government. a copy of the audited accounts together with the auditors report shall be published in the gazette.chapter viii of the regulations deals with the finances of the board.it would thus be seen that by varous statutory provisions the board. fund is controlled and utilised for the purpose ..... recommending any book as a text book or a handbook and to undertaken compilation and publication of such books;(d) to make regulations for imposing penalties, for acts of misconduct of students, teachers, examiners, examinees, printers of text-books or quesiton papers and of persons connected with an examination of the board;(e) to ..... filed under articles 226 and 227 of the constitution for issue of an appropriate writ for quashing the aforesaid notices and the proceeding under the income-tax act initiated against the petitioner.the sole question for consideration is whether the income of the petitioner is exempt from income-tax.the exemption is claimed under section .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)150CTR(P& H)365
..... tax and rs. 1,200 as interest chargeable under the scheme. simultaneously, she also made an application for issuance of certificate under section 68(2) of the finance act, 1997. vide annexure p3, the respondent refused to issue certificate to the petitioner on the ground that the disclosure of income relating to the assessment year 1961-62 ..... that the declaration of the income made in respect of the assessment year 196 1 -62 cannot be treated as valid under the scheme.3. chapter iv of the 1997 act contains detailed provisions relating to the scheme. section 63(b) contains definitions of various terms and expressions. section 64 lays down the method of charging ..... to disclose fully and truly all material facts necessary for his assessment or otherwise,then, notwithstanding anything contained in the income tax act or in any finance act, income-tax shall be charged in respect of the income so declared (such income being hereinafter referred to as the voluntarily disclosed income) at the .....
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