Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xix a settlement of cases Page 2 of about 1,722 results (0.124 seconds)

Union of India and anr. Vs. Dharampal Satyapal and ors.

Court : Delhi

..... be constituted by the central government, when approached without objection from the income tax department. these recommendations were made in the chapter titled black money and tax evasion . in partial implementation of the report, chapter xix-a was introduced into the income tax act, 1961 by the taxation laws (amendment) act, 1975. in the central excise act, chapter v providing for a settlement commission to settle cases was inserted ..... by act 21 of 1998 w. e. f. 01.08.1998.48. it has .....

Dix Francis, Trichur District, Kerala Vs. The Income Tax Settlement Co ...

Court : Chennai

..... on record. 9. the order impugned in these writ petitions is an order passed by the settlement commission constituted under the provisions of the income tax act, 1961. chapter xix-a of the act deals with the settlement of cases. section 245a is the definition section, which defines case under clause (b) of the section to mean ..... 1. in all these writ petitions, the petitioners have challenged the common order passed by the additional bench of the income tax settlement commission, chennai, dated 26.04.2005, under section 245d(1) of the income tax act, 1961 (act). since the contentions raised by all the petitioners are identical and they are aggrieved by the common order, these ..... mandates the assessee to file a return, which he is or was required to furnish under any of the provisions of the act and (b) the additional amount of income tax payable on the income disclosed in the application exceeds one hundred thousand rupees. therefore, i do not agree with the learned counsel for the petitioner .....

H.H. Maharaja Shri Jyotindrasinhji Vs. Assistant Commissioner of Incom ...

Court : Gujarat

Reported in : (2008)220CTR(Guj)485

..... in law and is perverse.(c) sections 3 and 4 of the it act, 1961 impose general liability to tax upon all income in all cases in which receipt is sought to be taxed as income. the burden lies on the department to prove that it is within the taxing provision. reliance is placed on the decision of the hon'ble ..... to the full bench decision of this court in the case of cit v. smt. kamalini khatau : [1978]112itr652(guj) and since the appeal ..... upon the said deeds by the commission does not bind the authorities under the act in proceedings relating to other assessment years.(emphasis, italicized in print, supplied).while discussing about the applicability of section 166 of the it act, 1961, in relation to the income from us trusts being discretionary trust, the hon'ble supreme court has referred .....

Ace Investments Ltd., a Company Incorporated Under the Companies Act, ...

Court : Chennai

Reported in : (2004)186CTR(Mad)486; [2003]264ITR571(Mad)

..... , j.1. the issue put in before this court is as to whether an application filed under section 245c(1) of the income tax act, 1961 is maintainable before the settlement commission only if it discloses income which has not been disclosed before the assessing officer. 2. facts which give rise to the present writ petition are briefly stated as ..... the act, ultimately held that section 245c(1) provides that at any stage of the case the assessee can make ..... assessing officer. the said order was questioned before the apex court by the commissioner of income tax. the apex court after considering in detail as to the object of chapter xix-a providing for settlement of cases introduced in the income tax act, 1961 and also on a detailed survey of the various sections from section 245a to 245d of .....

Commissioner of Income Tax (Central)-ii Vs. Income Tax Settlement Comm ...

Court : Delhi

..... (amendment) act, 1975, w.e.f. 1.4.1976. it provided for settlement of cases. vast powers were conferred upon the ..... view taken in the impugned order dated 8.2.2013 passed by the income tax settlement commission, principal bench, new delhi, ( itsc ) granting immunity to the respondent no.2 from imposition of penalty and prosecution.2. chapter xix-a of the income tax act, 1961 consisting of sections 245a to 245m was inserted by the taxation laws ..... the itsc (majority view) observed as under: 30. the applicant has prayed for immunity from prosecution and imposition of penalties under various provisions of the income tax act. considering the facts and circumstances of the case and the cooperation extended to the commission during the proceedings before it, immunity is granted from prosecution .....

Southern Herbals Ltd. Vs. Settlement Commission (it and Wt) and anr.

Court : Karnataka

Reported in : [2003]261ITR681(KAR); [2003]261ITR681(Karn)

..... can be interfered with only (headnote) :'(i) if grave procedural defects such as violation of the mandatory procedural requirements of the provisions in chapter xix-a of the income-tax act, 1961, and/or violation of the rules of natural justice are made out; or (ii) if it is found that there is no nexus between the reasons given and ..... year 1993-94. the public issue expenses of rs. 1,64,43,513 shall be amortised over a period of ten years as per section 35d of the income-tax act. for the assessment year 1994-95, as per note 15 of the notes to the accounts in schedule 14, the applicant had received interest of rs. 15 ..... 00,546 was treated as capital reserve by the petitioner-company. the respondents initiated action against the petitioner under section 132 of the income-tax act. the petitioner thereafter filed an application under section 245c of the act before the first respondent. the petitioner offered rs. 54,00,546 being the excess of interest over expenses relatable to the excess .....

Cit Vs. Vysya Bank Ltd. and Another

Court : Karnataka

Reported in : [2006]282ITR185(KAR); [2006]282ITR185(Karn); [2006]152TAXMAN297(Kar)

..... the settlement commission functioning under chapter xix-a of the income-tax act, 1961 (hereinafter referred to as "the act"), an order which is at an intermediate stage and even during the pendency of the proceedings before the settlement commission, at the instance of the commissioner of income-tax karnataka.2.the impugned order is according to the petitioner ..... not proper or one which virtually seeks to assume jurisdiction by the commission when it could not have done so under the statutory provisions, particularly, under section 245c(1) of the act and, therefore, the need for ..... various statutory appellate authorities, the assessee-bank had found it appropriate to invoke the jurisdiction of the settlement commission under chapter xix-a of the act by making an application for settlement of the cases and it is in the context of such application under section 245c(1) that controversy had .....

Mansarovar Commercial Pvt. Ltd. Vs. Commissioner Of Income Tax Delhi

Court : Supreme Court of India

..... of the respective assessee companies. 7.1 on control and management of business, few decisions on interpretation of section 4a of the erstwhile income tax act, 1922 and interpretation of section 6(3) of the income tax act, 1961 are required to be referred to, which are as under: ca57692022 etc. page 49 of 67 i) in the case of v ..... supra). findings recorded by the high court:1. that a company, though incorporated in sikkim, if it had earned any income outside sikkim and within india, income tax act, 1961 would apply to such income and the jurisdiction of the income tax authorities would not get excluded as long as what ca57692022 etc. page 44 of 67 is sought to be brought to ..... was being done by rattan gupta from his delhi office. therefore, the assessees can be said to be residence in india and therefore liable to pay tax under the income tax act, 1961. 4.7 insofar as the submission on behalf of the appellants that in the absence of any original assessment, there shall not be any re-assessment .....

M. Jayabalan Vs. the Commissioner of Income Tax and Another

Court : Chennai

..... order of the first respondent, dated 24.7.2012, for rejecting the request of the petitioner for withdrawing his revision petition, under section 264 of the income tax act, 1961. 3. the petitioner has stated that the first respondent, after rejecting the petition submitted by the petitioner, for the withdrawal of the revision petition, had ..... the assessee had requested for the withdrawal of the petition, under section 264 of the income tax act, 1961, only after a substantial part of the enquiry had been completed by the assessing officer/joint commissioner of income tax and commissioner of income tax and during such enquiry it had been found that the investment made by the assessee ..... it has been stated that the request of the petitioner to withdraw the revision petition, under section 264 of the income tax act, 1961, to pursue the matter, by way of an appeal, before the commissioner of income tax (appeals), is permitted by law and that it is legitimate and bona fide in nature. it had been .....

Cit Vs. Hindustan Bulk Carriers

Court : Supreme Court of India

Reported in : [2003]259ITR449(SC)

..... us. since in these appeals common questions on the interpretation and extent of application of the provisions of chapter xix-a of the income tax act, 1961 (hereinafter referred to as 'the income tax act'), are involved, i propose to discuss the questions involved by this common judgment.38. brother pasayat, j. has reproduced all the ..... as provided under section 245b of the income tax act, 1961, (hereinafter referred to as 'the act') the central government has constituted the income tax settlement commission for the settlement of cases. the word 'case' has been defined under section 245a(b) of the act to mean any proceeding under the income tax act for the assessment or reassessment of any ..... .10. a question of seminal importance relating to the period for which interest in terms of section 234b of the income tax act, 1961 (hereinafter referred to as 'the act') can be levied when the settlement commission (hereinafter referred to as 'the commission') passes an order under section 245d of the .....