Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xix a settlement of cases Page 4 of about 1,722 results (0.120 seconds)

Commissioner of Income Tax Vs. Vysya Bank Ltd. and anr.

Court : Karnataka

Reported in : (2005)198CTR(Kar)450

..... 2000 passed by the settlement commission functioning under chapter xix-a of the it act, 1961 (for short '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 cit, 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 the ..... the various statutory appellate authorities; the assesses-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 arisen.4 .....

Commr. of Cus. (Port) Vs. Settlement Commission, Cus. and C. Ex.

Court : Kolkata

Reported in : 2005(101)ECC87,2005(179)ELT386(Cal)

..... context cited by mr. additional solicitor general rendered by the supreme court in relation to the provision for settlement under the income-tax act, 1961 and if corresponding provision of income-tax act is read and examined then it will appear the commission established under the income-tax act, 1961 has no expressed power to grant waiver of interest at all and while interpreting the said section namely section are taken ..... contends that the provision of chapter xix (a) of the income-tax act, 1961 and chapter xiv(a) of the customs act, 1962 deal with settlement business. he further submits that the power of the settlement commission under the said act mentioned in section 127h of the income-tax act is substantially different from corresponding section 245h of the income-tax act, 1961, this will appear from comparative study of both the sections .....

Ajmera Housing Corporation and anr. Vs. Commissioner of Income Tax.

Court : Supreme Court of India

..... 22 writ petitions. by the impugned common judgment, the high court has set aside order dated 29th january, 1999 passed by the income tax settlement commission (for short "the settlement commission") under section 245d(4) of the income tax act, 1961 (for short "the act"), and has remanded all the proceedings back to the settlement commission for a fresh consideration in the light of the observations made ..... to extract the relevant portions of form (no.34b), prescribed for making an application under section 245c(1) of the act:"[form no. 34b][see rules 44c and 44ca]form of application for settlement of cases under section 245c(1) of the income-tax act, 1961......................................................................... ...........................................................................10. particulars of the issues to be settled, nature and circumstances of the case and complexities of the investigation .....

Director of Income Tax (international Taxation) Vs. Income Tax Settlem ...

Court : Mumbai

..... this petition under article 226 of the constitution of india, the director of income tax (international taxation), challenges the order dated 11 september 2007 passed by the income tax settlement commission (the commission) under section 245-d(2c) of the income tax act, 1961 (the act). 2. the challenge is essentially on the ground that the impugned order dated ..... 11 september 2007 of the commission was passed ignoring the statutory requirement under the act particularly the requirement of making ..... in addition to the issues delineated thereunder consider all such issues as would be relevant fro passing order under section 245d(2c) of the income tax act in the said star group of cases as to the validity; or, otherwise; of the applications filed in all those cases and shall pass .....

Radico Nv Distilleries Maharashtra Ltd. Vs.commissioner of Income Tax ...

Court : Delhi

..... .2017 prathiba m. singh, j.:1. the present petition impugns the order dated 3rd april, 2013 passed by the income tax settlement commission (hereinafter referred to as the itsc ) under section 245d (2c) of the income tax act, 1961 (hereinafter referred to as in application nos. dl/dc53/2012-13/75-it & dl/dc53/2012-13/76-it for ..... the assessment years ( ay ) 2005-06 to 2011-12. by the impugned order, the itsc rejected the application for settlement of the pending cases filed by the... petitioner. the act ) brief facts ..... fulfilled the conditions prescribed under section 245c (1) of the act, the applications are allowed to be proceeded with. 5. the itsc had simultaneously called for a report from the commissioner of income tax (`cit') which was submitted on 18th march, 2013. in this report, the cit averred that the... petitioner has received substantial amount of share .....

Brij Lal and ors. Vs. Cit

Court : Supreme Court of India

Reported in : (2005)199CTR(SC)716; [2005]279ITR432(SC); [2005]150TAXMAN106(SC)

..... chapter xix-a of the act did not arise for consideration and the judgment of the constitution bench proceeds sub silentio on the ..... counsel for the appellants/petitioners submitted that in the case of cit v. anjum m. h. ghaswala : [2001]252itr1(sc) , decided by the constitution bench, the question whether sections 234a, 234b and 234c of the income tax act, 1961 (hereinafter referred to as 'the act'), are at all applicable to proceedings of the settlement commission under ..... consideration is whether the settlement commission can reopen its concluded proceedings by having recourse to section 154 of the act so as to levy interest under sections 234a, 234b and 234c of the act, though it was not done in the original proceedings. we think proper to leave this question also to .....

Commissioner of Income Tax Vs. Hindustan Bulk Carriers

Court : Supreme Court of India

Reported in : AIR2003SC3942; (2003)179CTR(SC)362; (2003)2MLJ65(SC); (2003)3SCC57; [2002]SUPP5SCR387

..... of seminal importance relating to the period for whichinterest in terms of section 234b of the income tax act, 1961 (in short 'the act') can be levied when the settlement commission (in short 'thecommission') passes an order under section 245d of the act, is the subject matter of adjudication in these appeals. these appeals are directed against the ..... us. since in these appeals common questions on interpretation and extent of application of the provisions of chapter xix a of the income tax act (for short the it act) 1961, are involved. i propose to discuss the questions involved by this common judgment.29. brother pasayat j. has reproduced all the relevant provisions of ..... provides that in addition to the powers conferred on the settlement commission under chapter xix-a, it has all the powers whichare vested in the income-tax authority under the act. sub-section (2) is of vital importance and provides that where an application made under section 245c has been allowed to be proceeded with .....

Union of India and anr. Vs. Income Tax Settlement Commission

Court : Kolkata

..... commission u/s 245d(4) dated 14.03.2012 mistake apparent from record request to rectify the same u/s 245d(6b) of the income tax act, 1961 the opening sentence of the next page of the said application says that the order passed by the dcit while giving effect to the order of the settlement ..... court in civil appeal no.516-527 of 2004 dated 21.10.2010 in the case of brij lal & ors.versus cit, jalandhar (328 itr477. 46. regarding granting of immunity from penalty and prosecution under various sections of the income tax act, 1961, the same is granted so far as the same relates to issues dealt with in this order of settlement. 47. ..... an order dated 30th august, 2012 passed by the settlement commission under section 154 and section 245d(6b) of the income tax act, 1961. an application was made by the private respondent before the settlement commission under section 245c of the said act pertaining to assessment years 2004-05 to 2011-12. it is not in dispute that the application was entertained by .....

AGSON Global Pvt Ltd. and Others Vs. Income Tax Settlement Commission ...

Court : Delhi

..... delhi under the provisions of chapter xix-a of the said act on 12.12.2011. thereafter, on 22.12.2011 ..... is whether the income tax settlement commission has the power to direct a special audit under section 142 (2a) in exercise of its power vested in section 245f of the income tax act, 1961 (hereinafter referred to as the said act ?)? 2. petitioner nos. 1 to 7 filed a settlement application before the income tax settlement commission, new ..... that merely because section 245f confers powers on the settlement commission which are vested in an income tax authority, does not mean that all the powers of an income tax authority under the said act vest in the income tax settlement commission. it was submitted that the powers conferred under section 245f ought to be construed .....

P.T. Antony and Sons Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : [2005]279ITR363(Ker); 2005(4)KLT831

..... including two slips showing unaccounted sales. on the basis of the said slips, the assessing officer under the income-tax act inferred an average daily unaccounted sale at rs. 1,50, ..... and an assessee under the kerala general sales tax act, 1963, hereinafter, the 'kgst act', for short, and the residence of its managing partner, were searched on november 20, 1990, by the competent authorities under section 132(1) of the income-tax act, 1961, for short, the 'it act', resulting in the seizure of certain documents, ..... repelled because the provision of section 245-i in chapter xix-a of the income-tax act, is predominantly relatable to collection and enforcement under the income-tax act and the fields covered by the kgst act and the income-tax act are referable to their respective distinct and exclusive legislative heads under the state list and .....