Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xix a settlement of cases Page 7 of about 1,722 results (0.093 seconds)

R.i. Chadha and ors. Vs. Income-tax Officer

Court : Punjab and Haryana

Reported in : (1987)63CTR(P& H)228; [1987]168ITR591(P& H)

..... some consequence raised in this petition under section 482, cr. p.c., relates to the interpretation and true scope of section 245f of the income-tax act, 1961 (for short, the act). the following undisputed facts give rise to it.2. the petitioner, a private limited company, and its three directors are sought to be prosecuted ..... one of the material directions contained in this order was as follows :'the income-tax officer may issue tax recovery certificate to the tax recovery officer in respect of arrear demands, if any, to save limitation under section 231 of the income-tax act. any coercive action in respect of disputed demand pertaining to the admitted assessment ..... , have, subject to the provisions of sub-section (3) of that section, exclusive jurisdiction to exercise the powers and perform the functions of an income-tax authority under this act in relation to the case. (3) notwithstanding anything contained in sub-section (2) and in the absence of any express direction to the contrary .....

Commissioner of Income Tax (Central) Vs. B.N. Bhattacharjee and anr.

Court : Supreme Court of India

Reported in : AIR1979SC1725; [1979]118ITR461(SC); (1979)4SCC121; [1979]3SCR1133

1. a nascent chapter (chapter xixa) in the income tax act, 1961, enacted by the taxation laws (amendment) act, 1975, whose beneficiaries are ordinarily those whose tax liability is astronomical and criminal culpability perilous, falls for decoding by this court in this appeal by the c.i.t. commissioner of income tax (central), calcutta, against an adverse order made by the settlement commission. functionally speaking, this chapter, engrafted in ..... the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or imposable under the indian income-tax act, 1922 (11 of 1922), or under this act, has been established or is likely to be established by any income-tax authority, in relation to the case', and exercise his veto power to prevent escape of macro-criminals prima facie .....

Harbans Singh Vs. Union of India and Others.

Court : Punjab and Haryana

Reported in : (1988)66CTR(P& H)165; [1988]171ITR23(P& H); [1988]34TAXMAN495(Punj& Har)

..... . it has been held therein (headnote) :'there is no provision in law which provides that a prosecution for the offences under section 276c or section 277 of income-tax act cannot be launched until reassessment proceedings initiated against the assessee are completed.'so this plea must also fail.for the reasons recorded above, there is no merit in the two ..... case and for the reasons given in that judgment, sections 277 and 279 of the act cannot be held to be unconstitutional.chapter xix-a incorporates ..... final court had upheld the vires of section 52 of the act of 1922 in t. s. baliah v. t. s. rangachari, ito : [1969]72itr787(sc) . the provisions of section 52 of the 1922 act are analogus to the provisions of sections 277 and 279 of the act 1961 act. the ratio of that decision equally applies to the present .....

Transmission Corpn. of Ap Ltd. Vs. Asstt. Cit, Circle (2)

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2005)97ITD171(Hyd.)

..... section 245n(b)(iii) date of issue 3-8-2000 'in exercise of the powers conferred by sub-clause (iii) of clause (b) of section 245n of the income tax act, 1961 (43 of 1961), and in supersession of notification no. s.o. 473(3), dated 21-6-1999, the central government hereby specifies public sector companies as defined in clause (36a) ..... of section 2 of the income tax act being such class of persons, as applicant for the purposes of chapter xix-b of the income tax act.2. it shall come into force on ..... fact in the hands of the assessees themselves. similar is the situation, if they approach the authority for advanced ruling as per section 245rr of the income tax act. chapter xix-b of the income tax act is not being availed by the assessee.in the result, we apply the decision of the hon'ble supreme court in the cases of oil & .....

Mukesh H. Mehta and Others Vs. Harendra H. Mehta and Another

Court : Mumbai

Reported in : 1995(3)BomCR686; [1998]92CompCas402(Bom); 1995(2)MhLj644

..... contended that the award is not enforceable in india inasmuch as it is against the public policy of india because it involves violation of chapter xxc of the income-tax act, 1961, when it provides for transfer of a flat situated in the building urvashi in a co-operative housing society from respondents nos. 1 and 2 to petitioners ..... different countries, i.e., one india and the other u.s.a. (iii) the award is not enforceable as it involves violation of chapter xxc of the income-tax act, 1961. the flat in urvashi building is worth millions of rupees and hence enforcement of the award without the necessary no objection certificate is against public policy. (iv) ..... subject to two different national jurisdictions. 21. thirdly, it is contended that the award is not enforceable as it involves violations of chapter xxc of the income-tax act, 1961. the flat in urvashi building is worth millions of rupees, hence enforcement of the award is against public policy as the no-objection certificate is not obtained .....

Date of Decision : 5.8.2013 Vs. Union of India and Others

Court : Punjab and Haryana

..... . in this writ petition challenge has been made to the provisions of section 245d(2a) and section 245d(2d) and section 245ha of the income tax act, 1961 (hereinafter referred to as the act .) as substituted by an amendment by the finance act, 2007 with effect from 1.6.2007 being ultra vires.2. the premises of the petitioner were searched under section 132 of the ..... to the settlement commission and the assessing officer as per provisions of sub section (2a) of 245d of the act (prior to the amendment). it was further directed in case the additional amount is not paid within the time specified, the amount of income tax remaining unpaid together with interest payable thereon under sub section (2c) of section 245d would be recovered in .....

The Commissioner of Income Tax Vs. M/S Rns Infrastructure Limited

Court : Karnataka

..... and the residential premises of its directors, by the income tax department, in exercise of power under section 132 of the income tax act, 1961 (hereinafter referred to as the it act , for brevity) 3 as on 16.2.2012. it transpires that incriminating material regarding undisclosed income was found and seized. the assessing officer is said ..... to have initiated proceedings under section 153a of the it act, for the assessment years 2006 - ..... subsequent to the receipt of an application by the settlement commission 65. under the existing provisions of sub-section (1) of section 245d of the income-tax act, the settlement commission, on receipt of an application under section 245c, has to call for a report from the commissioner and on the basis of .....

Raghbir Singh Vs. Appropriate Authority I.T.Deptt

Court : Delhi

..... 04.03.1994 of the court in the aforesaid suit the petitioner filed an application on 20.5.1994 before the appropriate authority constituted under chapter xx-c of the income tax act, 1961 (act for short) in form no.37-i seeking clearance for the purchase of the property along with the agreement to sell dated 10.5.1994. in the meantime, ..... the under-statement of the apparent consideration for the subject property..9. on 26.8.1994 the appropriate authority passed an order under section 269 ud(1) of the income tax act. according to the appropriate authority the sale consideration of rs.56,50,000/- did not represent the fair market value of the property and was too low. they referred ..... in the sense that money should have been paid under the table. the supreme court did refer to the reason behind introducing the provisions of chapter xx-c of the income tax act. it was only stated that the provisions of the said chapter can be wp (c) 524-95 page 16 of 23 resorted to where there is a significant .....

Central Circle 3(1), Kolkata and Ors. Vs. Emta Coal Limited

Court : Kolkata

..... upon 2011 volume 1 supreme court cases page 1 (brijlal & ors.v.commissioner of income tax, jalandhar) learned additional solicitor general has submitted that, since the settlement commission has deviated from the procedure and has acted as an assessing officer, the impugned order stands vitiated. for the grounds as canvassed, the ..... firs.layer and the other entities as the second layer to escape income tax liability of huge amount. the settlement commission has considered the rival contentions. it has noted that, the four companies are companies incorporated under the companies act, 1956 and that, they are subject to assessment as separate assessees. ..... regular assessment. chapter xixa contemplates the taxability determined with respect to undisclosed income only by the process of settlement/arbitration. the process of arrival of the liability of the assessee to pay tax under chapter xixa of the act of 1961 being different to that of a regular assessment, the settlement commission should .....

Southern Herbals Ltd. Vs. Settlement Commission and anr.

Court : Karnataka

Reported in : (2003)180CTR(Kar)536

..... expenses should be written off over a period of ten years. thus, the net profit of the applicant would increase by rs. 1,88,35,861,02 and the income-tax on the interest income amounting to rs. 1,64,86,570 has to be provided. the ao for the asst. yr. 1993-94 observed that the share issue expenses could not be ..... the settlement commission can he interfered with only,'(i) if grave procedural defects such as violation of the mandatory procedural requirements of the provisions in chapter xix-a of the it 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 the ..... expenditure can be made except as provided by the act. the supreme court further noticed as under:'the basic proposition that has to be borne in mind in this case is that it is possible for a company to have six different sources of income each one of which will be chargeable to income-tax, profits and gains of business or profession is only .....