Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xix a settlement of cases Sorted by: recent Page 3 of about 1,740 results (0.348 seconds)

Aop of Sanjaybhai R. Patel and 11 ors. Vs. Assessing Officer - Asstt. ...

Court : Gujarat

Reported in : [2004]267ITR129(Guj)

..... applicable to the case of the respondent firm was not free from doubt, and it was not open to the income tax officer to go into the true scope of the provisions of the act in a rectification proceedings under section 154 of the income tax act, 1961 : the officer was wrong in holding that there was a mistake apparent from the record of assessments of the ..... petitions under article 226 of the constitution of india challenging the orders passed by the settlement commission, respondent no.2 herein, on 20.03.2003 under section 154 of the income tax act, 1961 withdrawing the reduction or waiver of interest granted by the settlement commission under section 234a, 234b and 234c of the .....

Aop of Sanjaybhai R. Patel and 11 ors. Vs. Assessing Officer

Court : Gujarat

Reported in : (2004)187CTR(Guj)583

..... the case of the respondent firm was not free from doubt, and it was not open to the income tax officer to go into the true scope of the provisions of the act in a rectification proceedings under section 154 of the income tax act, 1961, the officer was wrong in holding that there was a mistake apparent from the record of assessments of ..... 226 of the constitution of india challenging the orders passed by the settlement commission, respondent no. 2 herein, on 20-3-2003, under section 154 of the income tax act, 1961 withdrawing the reduction or waiver of interest granted by the settlement commission under sections 234a, 234b and 234c of the ..... are as under :the petitioners have approached the settlement commission for settlement of their cases in accordance with the provisions of chapter xix-a of the income tax act (hereinafter referred to as the act). the settlement commission had passed orders on 31-3-1999 under section 245d(4) in respect of each of the petitioners, inter alia, waiving and .....

Sapjaybhai R. Patel Vs. Assessing Officer

Court : Gujarat

Reported in : [2004]135TAXMAN210(Guj)

..... applicable to the case of the respondent firm was not free from doubt, and it was not open to the income tax officer to go into the true scope of the provisions of the act in a rectification proceedings under section 154 of the income tax act, 1961 : the officer was wrong in holding that there was a mistake apparent from the record of assessments of the ..... petitions under article 226 of the constitution of india challenging the orders passed by the settlement commission, respondent no. 2 herein, on 20-3-2003 under section 154 of the income tax act, 1961 withdrawing the reduction or waiver of interest granted by the settlement commission under sections 234a, 234b and 234c of the .....

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 .....

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. 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 .....

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 .....

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, .....

Mukesh Kumar and ors. Vs. Commissioner of Income-tax and ors.

Court : Patna

..... disposed of by this common judgment. in both the cases, the petitioners have challenged the order taking cognizance under sections 276c and 277 of the income-tax act, 1961 (hereinafter referred to as 'the act'), passed by the presiding officer, special court for economic offences, bihar, muzaffarpur, on march 6, 1992, and february 28, 1992, respectively.2 ..... placed before it, there is no legal bar in giving due regard to the result of the proceedings under the income-tax act, 1961.'thus, only on the ground that some proceeding is pending under the act and there is a chance of success of the assessee the criminal prosecution cannot be quashed against the assessee.21 ..... v. union of india ; amanullah quareshi v. union of india : 1992crilj2781 , and it has been held that the result of the proceeding under the income-tax act is one of the major factors to be considered by the criminal court while deciding a proceeding regarding the relevant assessment year and the resultant finding in the .....