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Dlf Universal Ltd. Vs. Appropriate Authority and anr. Etc.

Court : Supreme Court of India

Reported in : (2000)160CTR(SC)401

..... directed against the judgment dated 1-12-1998 of the division bench of the delhi high court interpreting section 269uc of the income tax act, 1961 (hereinafter referred to as 'the act') and rule 48l and form 37i of the income tax rules, 1962 (hereinafter referred to as 'the 'rules')2. a number of writ petitions had been filed in the high ..... if the circumstances so require. sub-rule (2) of rule 48l in which clause (c) occurs was substituted by the income tax (seventh amendment) rules, 1987. sub-section (4) of section 269uc was inserted by finance act, 1995 with effect from 1-7-1995. before the insertion of sub-section (4) this court in appropriate authority v. ..... . union of india and others : [1993]199itr530(sc) , reference was made to an earlier decision by this court in the case of k.p. varghese v. income tax officer : [1981]131itr597(sc) where the following passage was quoted with approval:'the court observed that the task of interpretation of a statutory enactment is not a mechanical task .....

Patel Desai and Co., Secunderabad Vs. Asst. Commissioner of Income Tax ...

Court : Andhra Pradesh

Reported in : 2000(3)ALD274; (2000)165CTR(AP)655; [2000]243ITR689(AP)

..... with which it was confronted and purported to record its conclusion in the light of the principles and tests laid down in decidedcases on the interpretation of section 37 of income tax act. a mere error of law -even if it be, does not necessarily amount to contravening or disregarding a provision of law; more so when such error can ..... as revenue expenditure. for some oilier assessment years also, the assessing officer did not allow the cost of construction as revenue expenditure under section 37 of the income tax act (for short 'the act'). on appeal, the tribunal held in favour of the petitioners that it was a deductible expenditure. reference cases arising out of the said order of the tribunal ..... a ground for interference in these appeals, since a wrong interpretation of a deed of trust cannot be said to be a violation of theprovisions of the income-tax act. it is equally clear that the interpretation placed upon the said deeds by the commission does not bind the authorities under the .....

Jyotsna Holdings Pvt. Ltd. Vs. Designated Authority Under the Kar Viva ...

Court : Delhi

Reported in : 2000IVAD(Delhi)461; 2000(53)DRJ696; [2000]243ITR246(Delhi)

orderd.k. jain, j.1. two short but interesting questions namely: (i) whether interest under section 220(2) of the income-tax act, 1961 (for short 'the act') forms part of 'tax arrear' as defined in section 87(m) of the kar vivad samadhan scheme ('kvss' for short) and (ii) if it does, whether the same could be ..... sum of rs. 1,53,31,342/- was determined as payable on account of interest under section 215 of the act. the petitioner challenged the levy of interest under section 215 by filing an appeal before the commissioner of income-tax (appeals) but was unsuccessful. the petitioner took the matter in further appeal to the tribunal. while the appeal was ..... pending, the government of india introduced the kvss, contained in chapter iv of the finance (no. 2) act, 1998, with a view to provide a quick and .....

Jyotsna Holdings (P) Ltd. Vs. Designated Authority Unde the Kar Vivad ...

Court : Delhi

Reported in : (2000)160CTR(Del)95

orderd. k. jain, j.two short but interesting questions namely, (i) whether interest under s. 220(2) of the income tax act, 1961 (hereinafter referred to as 'the act'), forms part of tax arrear,' as defined in section 87(m) of the kar vivad samadhan scheme (hereinafter referred to as 'kvss'), and (ii) if its does, whether the same could be ..... rs. 1,35,60,015 comprising of penalty tinder section 215.in accordance with board's circular dated 5-1-1999, where the tax arrears comprising of only interest, interest under section 220(2) of the income tax act is to be worked out till 31-3-1998 and the declarant is entitled to waive of 50 per cent thereof. in your ..... on a decision of the bombay high court in laherchand dhanfi v. union of india & ors. : [1982]135itr689(bom) , wherein, while dealing with the voluntary disclosure of income and wealth tax act, 1976, it was held that unless the statute gives a right to review or rectify a mistake, it was not open to the authority to bypass the provisions of .....

Onkar S. Kanwar and ors. Vs. Union of India and ors.

Court : Kerala

Reported in : (2001)168CTR(Ker)352; [2001]249ITR258(Ker)

..... reads as follows (see : [1986]159itr105(cal) ) :'with a view to achieve early finalisation of proceedings, under the existing chapter xx-a of the income-tax act, 1961, the board has decided that with effect from 1st april 1986, acquisition proceedings under section 269c will not be initiated in respect of an immovable property for ..... case are as follows. the appellants in that case purchased certain lands with buildings in 1977 for a sum of rs. 2,45,000. the inspector of income-tax valued the properties at rs. 3,24,000 and the departmental valuation officer valued them at rs. 7,24,000. the inspecting assistant commissioner, acquisition range, ernakulam ..... 88. section 92 of the scheme says that no appellate authority shall proceed to decide anyissue relating to the disputed chargeable expenditure, disputed chargeable interest, disputed income, etc., specified in the declaration and in respect of which an order had been made under section 90 by the designated authority or the payment of the .....

Ram Dhani Singh Vs. Collector Sonbhadra and Others

Court : Allahabad

Reported in : 2000(2)AWC1761; (2000)2UPLBEC1270

..... p. cannot levy cess on mineral rights. the decision of the hon'ble supreme court in the aforesaid case considered the validity of cess and other taxes on minerals (validation) act. 1992, which was enacted by the parliament validating the levy of cess by the state enactments which have been declared beyond the competence of the respective states ..... from the government on lease or licence.' what is of crucial relevance is that the levy of cess was not upon the land or upon its yield (or its income) but upon the royalty amount payable to the lessor, which was included within the definition of the expression 'land revenue'. question, therefore, arose whether such cess ..... the decision of hon'ble supreme court in western coal fields limited v. special area development authority : [1982]2scr1 . hinger-rampur coal co. v. state of orissa : [1961]2scr537 , goodricke group ltd. and others v. state of west bengal and others, 1995 supp. (1) scc 707. he also placed reliance on some of the observations in .....

Shri Mahavir Nagari Sahakari Pat Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

..... 's premises from 25th jan., 1996, to 9th feb., 1996. in response to notice under section 158bc of the it act, 1961, the assessee filed a return disclosing undisclosed income of rs. nil. the ao, however, assessed the undisclosed income at rs. 17,39,51,956.aggrieved by the order of the ao, the assessee is in appeal before us. ..... the assessee. the provisions of section 68 provide that where the explanation offered by the assessee is not satisfactory, the sum so credited may be charged to income-tax as income of the assessee of that previous year. the word 'may' gives discretion to the ao to assess in the hands of the assessee which should be exercised ..... present case, is of providing credit facilities to the members. the deduction under section 80p would, therefore, be allowable on such cash credits even if they are taxed. as regards the contention of the learned departmental representative that the list of persons who were claimed to be members as submitted by the assessee contained the names .....

The Commissioner of Income Tax Madurai Vs. Smt. P. Manonmani, Karur

Court : Chennai

Reported in : 2000(2)CTC1; [2000]245ITR48(Mad)

..... lite, was different from the administrator contemplated by section 168 of the income-tax act and that section 68 would not apply to such administrator pendente lite. the court observed:'we have noted s. 168 and sub-section. (3) and (4) of the i.t. act, 1961. section 168, in our opinion, contemplates the distribution of the ..... assets in the case of the administration of an estate by the executor. if the executor or the administrator cannot distribute the assets then sub-s.(3) and sub-section (4) would be, inappropriate.'23. in the case of commissioner of income-tax, gujarat ..... net wealth as on the valuation date. that, however, does not make any significant difference to the interpretation of section 19a of the wealth-tax act and section 168 of the income-tax act, in so far as explanations attached to those provisions which are couched in identical language are concerned.28. we hold that extended definition of .....

P. Soundarya Vs. Income-tax Officer

Court : Chennai

Reported in : [2001]249ITR77(Mad)

..... the revision petitioner for the offences under section 276c(1) and section 277 (two counts) of the income-tax act, 1961, are set aside and the accused shall stand acquitted of the abovesaid offences under the income-tax act, 1961. the revision petition is allowed to that extent in part. the trial court is hereby directed to take ..... section 420 read with section 511 of the indian penal code and section 139 of the indian penal code read with section 136 of the income-tax act, 1961, are confirmed and the criminal revision petition filed by the revision petitioner against the said conviction and sentence is dismissed. the conviction and sentence ..... the revision petitioner has committed offences under section 420, indian penal code, read with section 511, indian penal code, read with section 136 of the income-tax act, 1961. 19. learned counsel for the revision petitioner contends that no opportunity was given by the respondent-department to the revision petitioner and, therefore, launching of .....

P. Soundarya Vs. Income Tax Officer

Court : Chennai

Reported in : (2001)168CTR(Mad)447; [2001]113TAXMAN534(Mad)

..... sabha road, t. nagar, madras-17. in the course of the search made in pursuance of the action taken under section 132 of the income tax act, 1961 (hereinafter referred to as 'the act'), on 17-2-1983, a statement was recorded from the revision petitioner with regard to the purchase of the house bearing door no. 20, ..... , the high court of andhra pradesh has held as follows:'the punishment under clauses (i) and (ii) of section 277 of the income tax act, 1961, arises only if there is any evasion of tax, otherwise the question of imposing punishment does not arise.' as already pointed out, the revision petitioner was assessed under protective basis and not ..... and sentence imposed on the revision petitioner under section 420, read with section 511 and section 193 of the ipc, read with section 136 of the income tax act, are confirmed and the criminal revision petition filed by the revision petitioner against the said conviction and sentence is dismissed. the conviction and sentence imposed against .....