Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xix a settlement of cases Sorted by: recent Page 1 of about 1,740 results (0.076 seconds)

Aditya Sharma vs.income Tax Department

Court : Delhi

..... as the matter remains pending with the said commission (till passing of the final order), it exercises all powers and performs all functions of income tax authority under the income tax act, 1961 in relation to such case, the jurisdiction of the settlement commission to do so being exclusive . the submission of the counsel for the petitioner ..... (first) accused being moin akhtar quereshi. the criminal complaint was filed, inter alia, on the strength of sanction for prosecution under section 279 of income tax act, 1961 accorded by the director of income tax (investigation) - 02, delhi on 09.01.2015.2. the background facts, as set out in the criminal complaint, would reveal that a ..... to such effect accorded suo motu by the crl. m.c. no.4666/2015 page 8 of 11 settlement commission under section 245-h of income tax act, 1961 granting immunity temporary or otherwise from prosecution to the petitioner in relation to the case in question. it was also conceded that the settlement applications have .....

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 .....

Canara Jewellers and Yogesh Palke Alias Yogesh Achar (Decd. by Lrs) Vs ...

Court : Chennai

Reported in : (2009)226CTR(Mad)79; [2009]315ITR328(Mad); [2009]184TAXMAN491(Mad)

..... or in good faith and the assessee cannot be allowed to take advantage of the comparatively easy course of settlement. the scope of section 245c of the income-tax act, 1961, was also noticed by this court in ace investments ltd. v. settlement commission : [2003] 264 itr 571, wherein a learned single judge of this ..... settlement of cases and for grant of immunity from penalty and prosecution. sections 245c and 245h of the income-tax act, 1961, contemplate full and true disclosure by the applicant of income and the manner in which such income has been derived. when once it is held that an application filed for settlement of cases is not ..... pendency of the appeals, the appellants preferred their respective applications under section 245c of the income-tax act, 1961. therein, the appellants had shown their revised income and taken a plea that the income so shown was a full and true disclosure of the income of assessees. having heard the parties, the settlement commission, after due enquiry and .....

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 .....

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 .....

Chawla Enterprises Ltd. Vs. Commissioner of Customs and ors.

Court : Delhi

Reported in : 2004(72)DRJ768; 2004(93)ECC175; 2004(175)ELT61(Del)

..... on that basis additional duty liability works out to approximately rs.1.14 crores has been noted. it is asserted that unlike chapter xix a of the income tax act, 1961, where-under settlement of a case is in respect of each of the assessment year, settlement of the case under chapter xiv a of the ..... case not covered by the application' also appears in section 245d(1) of the income tax act, 1961. the said provision is in pari materia with sub-section (7) of section 127c of the act. the said expression came up for interpretation before the supreme court in commissioner of income tax v. paharpur cooling towers pvt. ltd. (1996) 219 sc 618. their lordships ..... from the date of the application under sub-section (1) of section 127b of the act.25. explaining the scope and purpose of section 245e of the income tax act, which provision is again in pari materia with the provisions of section 127e of the act, the supreme court has held in paharpur cooling towers case (supra) that the section contemplates .....

C.i.T. Mumbai City Xiv, Mumbai Vs. the Income Tax Settlement Commissio ...

Court : Mumbai

Reported in : 2000(4)ALLMR604; 2001(1)BomCR167; [2000]246ITR63(Bom)

..... pursuant to the recommendations of the direct taxes enquiry committee headed by justice wanchoo.it is also necessary to notice a few provisions relevant herein.section 245-a defines ..... the act and accordingly moved an application in form no. 34-b of the rules on 19lh september. 1994.background legislation10. the relevant legislative background provisions of law in order to appreciate the controversy are enumerated hereinbelow :-the chapter xix-a providing for settlement of cases was introduced in the income tax act, 1961, ..... the assessee was also important fact which the settlement commission ought to have kept in mind while deciding the applicability of section 69a of the income tax act. further if as stated hereinafter the expenses were over-estimated and if there was no data regarding the dates when the projects were completed, .....

Commissioner of Income-tax, Madras Vs. M/S. Express Newspaper Ltd.

Court : Supreme Court of India

Reported in : AIR1994SC1389; (1994)116CTR(SC)496; [1994]206ITR443(SC); JT1994(1)SC50; 1994(1)SCALE39; (1994)2SCC374; [1994]1SCR64

ORDER...

Jyotendrasinhji Vs. S.i. Tripathi and Others

Court : Supreme Court of India

Reported in : AIR1993SC1991; (1993)111CTR(SC)370; [1993]201ITR611(SC); JT1993(2)SC664; 1993(2)SCALE408; 1993Supp(3)SCC389; [1993]2SCR938

..... orders and remitted the appeals back to a.a.c. it is at this stage that the appellant approached the settlement commission under chapter xix(a) of the income tax act, 1961.7. we may now notice the relevant clauses in the deeds of settlements executed in u.k. under these settlement deeds, one mr. robert hampton robertson mcgill ..... for the revenue made the following submissions :(i) the settlement commission is not a regular tribunal. its function is different from other quasi-judicial authorities created by the income tax act. where an offer of settlement has been made, the commission either accepts it or rejects it subject to such conditions and terms as it thinks fit to impose ..... .30. the learned judge then went on to explain the reasons for which section 166 among other provisions was enacted.31. in another case arising under the bihar agricultural income tax act, 1948, a bench of this court comprising j.l. kapur, m. hidayatullah and j.c. shah, jj. took a similar view in ram swaroop das v. .....

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 .....