Skip to content


Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xix a settlement of cases Court: mumbai Page 7 of about 154 results (0.141 seconds)

Oct 18 2007 (HC)

Damodar Gulabrai Belani and anr. Vs. Appropriate Authority and ors.

Court : Mumbai

Reported in : (2008)214CTR(Bom)363; [2008]303ITR35(Bom)

..... sixty only) has been deposited in the public deposit account of the appropriate authority, bombay on 29th oct., 1993 as provided in section 269ug(3) of the it act, 1961.in the order dt. 22nd sept., 1993 under sub-section (1a) of section 269ud in the matter of payment of consideration, the order recorded as under:the ..... . the appropriate authority by order dt. 22nd sept., 1993 passed an order for pre-emptive purchase under sub-section (1) of section 269ud of the it act, 1961 and the same was communicated to the parties by communication dt. 12th oct., 1993. the second purchaser intimated that further steps should not be taken as the second ..... first and second purchasers on 22nd aug., 1993 to show cause why order should not be made in accordance with the provisions of section 269ud(1) of the it act, 1961. the second purchaser by communication dt. 18th sept., 1993 informed the appropriate authority that there was no under valuation and as such the notice served should be withdrawn .....

Tag this Judgment!

Sep 29 1997 (HC)

B.D.A. Ltd. Vs. Assistant Commissioner of Income Tax

Court : Mumbai

Reported in : (1998)61TTJ(Mumbai)197

..... deputy commissioner and that the same shall be approved by the commissioner. section 158bh clarifies that save as otherwise provided in this chapter, all other provisions of the income tax act shall apply to an assessment made under the chapter. 7. in our opinion, there is no prohibition against the losses of some of the previous year comprised ..... and merely because the first few months of the previous year show a positive income and the rest of the period shows a negative income, the result of the later period cannot be ignored. the income-tax law does not permit this. in cit v. national syndicate : [1961]41itr225(sc) , the supreme court held that 'if the profits or gains ..... of a business for a particular year are to be taxed they must be computed for the .....

Tag this Judgment!

Oct 13 2015 (HC)

Amit Hemendra Jhaveri Vs. Union of India

Court : Mumbai

..... section 22d of the wealth tax act, as the case may be, for any assessment year, to any tax arrear in respect of such assessment year under such direct tax enactment; (c) to a case where no appeal or reference or writ ..... of any assessment year, to any tax arrear in respect of a person who has been convicted for concealment on or before the date of filing the declaration; (b) in a case where an order has been passed by the settlement commission under sub-section (4) of section 245d of the income tax act or sub-section (4) of ..... the appeal of the petitioner for the assessment year 1993-94 was pending before the income tax appellate tribunal, and the appeals of the petitioner for the assessment years 1994-95 and 1995-96, were pending before the commissioner of income tax (appeals). 4. the finance act, 1998 introduced the kvss, 1998 with effect from 1 september, 1998 providing for .....

Tag this Judgment!

Mar 12 2008 (HC)

Abasaheb Yadav Honmane and Ashwini Abasaheb Honmane Vs. the State of M ...

Court : Mumbai

Reported in : 2008(2)MhLj856

..... of proceedings taken out against the husband under sections 498a of the code, 106 i.p.c. read with sections 4 and 6 of the dowry prohibition act, 1961, on the ground that the continuation of the proceedings amounted to harassment to the husband and also abuse of the process of the court. the court ..... held by the courts. parliament felt the necessity to make the offence compoundable and thus inserted section 147 by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 (act 55 of 2002). this clearly indicates that the power of compounding has to be exercised within its restricted scope. a crime being a public wrong in ..... satisfied as a condition precedent to the exercise of such powers. criminal proceedings are initiated by reporting to the concerned police station the commission of a criminal act, by registration of an fir and/or by institution of a complaint before the court of competent jurisdiction. enquiry, investigation and judicial proceedings including trial and .....

Tag this Judgment!

Aug 30 2013 (HC)

The Commissioner of Income Tax City-15 Vs. Income Tax Settlement Commi ...

Court : Mumbai

..... of india, the revenue challenges the order dated 31 december 2012 passed by respondent no.1-settlement commission under section 245-d(2c) of the income tax act, 1961 (in short the act ) rejecting the petitioner's prayer to declare the settlement application filed by respondent no.2-applicant on 14 november 2012 for assessment year 2010-11 ..... . 2010-11, 2011-12 and 2012-13. (e) thereafter, on 24 december 2012, the commissioner of income tax forwarded his report in terms of section 245-d(2-b) of the act. the commissioner of the income tax in his report challenges the jurisdiction of the respondent no.1-settlement commission to settle the application of respondent no ..... on 31 december 2012, the respondent no.1-settlement commission by an order passed under section 245-d(2-c) of the act found no merits in the objections raised by the commissioner of income tax. consequently, the settlement application filed by respondent no.2-applicant for assessment years 2010-11, 2011-12 and 2012-13 was .....

Tag this Judgment!

Jul 15 2005 (TRI)

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... incurred by the assessee on purchase and sale of units of mutual funds is allowable or not? 2. whether the provisions of section 94(7) of the income-tax act, 1961 can be interpreted as retrospective in operation and if so, its effect?" 2. the facts of the case relevant to the questions referred to us, briefly, ..... the basis of colourable device during the period prior to the introduction of the provisions of section 94(7). the learned cit, dr pointed out that the provisions of section 68 of the income-tax act, 1961 introduced in the statute a legal position that had been identified and formulated in the judgments of hon'ble supreme court several ..... of the statute and therefore, nugatory. " 47. the learned cit, dr argued that in the charging sections of income-tax act, 1961, the expression "loss" had not been mentioned anywhere. it was regarded as a part of income chargeable to tax. if in the process of making an income chargeable to tax any loss occurred, the same would also fall within the .....

Tag this Judgment!

May 30 1986 (TRI)

Glaxo Laboratories (India) Ltd. Vs. Second Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1986)18ITD226(Mum.)

1. this special bench was constituted to consider the question whether provisions of section 40a(8) of the income-tax act, 1961 ('the act') are applicable to assessment year 1976-77, irrespective of previous year followed by the assessee. a bombay bench had expressed the opinion that ..... that of the calcutta high court.26. the scheme of levy of additional income-tax on undistributed profits of private limited companies under section 104 of the 1961 act (and section 23 a of the 1922 act) is entirely different from levy of income-tax on income or allowance of expenditure. under the aforesaid provisions, a private company must distribute ..... out of its total income statutory percentages as dividend within 12 months of expiry of its .....

Tag this Judgment!

Mar 23 2007 (TRI)

Chicago Pneumatic India Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the commissioner (appeals) has erred in law and on facts in stating that the enquiries made by the assessing officer under sections 133 and 131 of the income- tax act, 1961 was brought to the notice of your appellants. 1.4 the commissioner (appeals) has erred in law and on facts in rejecting your appellants submissions, the ..... of commissioner (appeals), bombay, dated 29-1-1995 for assessment year 1988-89. the proceedings arise out of penalty order passed under section 271(l)(c) of the income tax act, 1961. 1.1 the learned commissioner (appeals) v, bombay (hereinafter referred to as 'commissioner (appeals)') has erred in law and on facts in holding that your appellants ..... the commissioner (appeals) has erred in law and on facts in stating that the enquiries made by the assessing officer under sections 133 and 131 of the income tax act, 1961 was brought to the notice of your appellants. 1.4 the commissioner (appeals) has erred in law and on facts in rejecting your appellants submissions, the .....

Tag this Judgment!

Jul 30 1984 (TRI)

Sandvik Asia Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)14ITD35(Mum.)

..... : 2. that the assessee challenges the validity and legality of the assessment. 3. disallowance of surtax liability and the expenses disallowed under section 40a(5) of the income-tax act, 1961 ('the act').2. the assessee-company manufactures various tungsten carbide products such as tips, dyes, nibs, drill steels, cutters, etc. the assessee-company follows previous year ending 31st ..... receipt of the draft assessment order and stated that the contents of the same had been noted and 'this is without prejudice to our rights under the income-tax act, 1961'. the ito, therefore, by his letter dated 5-7-1977 forwarded to the iac the draft assessment order and the assessee's objections for action under section ..... the assessee by its letter dated 21-6-1977 acknowledged the receipt of the order and noted the contents but 'without prejudice to our rights under the income-tax act, 1961'. the ito forwarded the draft assessment order to the iac on 5-7-1977. on 7-7-1977 the i ac wrote to the ito that he .....

Tag this Judgment!

Jun 28 2007 (TRI)

Tata Chemicals Ltd. Vs. Deputy Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... assessee', and the words 'any amount' were interpreted by hon'ble madras high court in cit v. needle industries (p) ltd. ...the expression 'amount' in the earlier part of section 244(1a) of the income tax act, 1961, would refer to not only the tax but also the interest, and the expression 'amount' is a neutral expression and it ..... cannot be limited to the tax paid in pursuance of the order of assessment. the expression 'tax or penalty' found in the later part of section 244 ..... . thereafter, the procedure in appeal as in a regular appeal filed under section 246/246a of the income tax act and also under the provisions of section 248/249 of the income tax act is same as provided in section 250 of the income tax act. in the present facts and circumstances of the case, the commissioner (appeals) granted relief to the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //