Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xvi special provision applicable to firms Page 6 of about 2,897 results (0.137 seconds)

Associated Cement Co. Ltd. Vs. Income Tax Officer

Court : Mumbai

Reported in : (2000)68TTJ(Mumbai)220

..... the financial year 1992-93. the main grievance of the assessee in this appeal revolves around the order passed by the income tax officer, tds, thane, under section 201 of the income tax act, 1961 (hereinafter referred to as 'the act'), whereby a demand of rs. 2,49,305 has been raised against the assessee, being short deduction of ..... tax at source from salaries of certain employees.2. the assessee is a public limited company carrying on business of manufacturing ..... had not been valued at cost while considering its perquisite value. according to the income tax officer, therefore, assessee had committed default within the meaning of section 201 of the act. before the income tax officer assessee had pleaded that it had acted on the declarations from the employees with regard to the details of the travel .....

Mahesh C. Mathur Vs. Second Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1984)7ITD727(Mum.)

..... that he is following the cash method as far as this source of income is concerned. therefore, he cannot be assessed on any figure other than what his method of accounting shows. he then submitted that the provisions of section 67 of the income-tax act, 1961 ('the act') do not derogate an assessee's rights in this matter.according to ..... him, section 67 is a machinery section. it is not a charging section. unless an income is chargeable, it cannot be brought to tax merely because there is a provision in the machinery ..... are contained in chapter xvi of the act. section 182(1) of the act reads as follows : notwithstanding anything contained in sections 143 and 144 and subject to the provisions of sub-section (3), in the case of a registered firm, after assessing the total income of the firm, - (i) the income-tax payable by the firm itself shall .....

ishar Dass Sahni and Sons Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2001)77ITD256(Hyd.)

..... appeal before the ld. cit(a), the assessee reiterated the plea taken before the assessing officer and relying, inter alia, on the ratio of the bombay high court ..... the return of income was not accompanied by a certified copy of partnership deed as per the provisions under section 184(2), the assessee cannot be assessed as a firm as such. it is being assessed for assessment year 1993-94 in the same manner as a association of persons under section 185 of income-tax act, 1961." 3. in ..... liberally construed whereas the registration provisions require strict compliance. he submitted that the case of the assessee was clearly hit by the provisions of section 185 of the income-tax act.5. we have given our utmost consideration to the facts and circumstances of the case, the material to which our attention was invited and the rival submissions .....

ishar Dass Sahni and Sons Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the return of income was not accompanied by a certified copy of partnership deed as per the provisions under s.184(2), the assessee cannot be assessed as a firm as such. it is being assessed for asst. yr. 1993-94 in the same manner as a aop under s. 185 of it act, 1961." 4. in appeal before the learned cit(a), the assessee ..... reiterated the plea taken before the ao and relying inter alia, on the ratio of the bombay high court decision in the case of cit vs. shivanand electronics (1994) 209 itr 63 (bom) submitted that the requirement of ..... ) was required to be furnished before the expiry of the time allowed under s.139(1) for furnishing the return of income. there exist in the it act certain other provisions also for which date of filing the return under s. 139(1) is relevant. in such cases a definite time is prescribed, which is not so under .....

ishar Dass Sahni and Sons Vs. Deputy Commissioner of Income Tax

Court : Delhi

Reported in : (2000)68TTJ(Del)125

..... as a firm as such, it is being assessed for assessment year 1993-94 in the same manner as a association of persons under section 18 5 of income tax act, 1961. '3. in appeal before the learned commissioner (appeals), the assessed reiterated the plea taken before the assessing officer and relying inter alia, on the ratio ..... construed whereas the registration provisions require strict compliance. he submitted that the case of the assessed was clearly hit by the provisions of section 185 of the income tax act.5. we have given our utmost consideration to the facts and circumstances of the case, the material to which our attention was invited and the rival ..... submissions. there are several provisions in the income tax act providing for filing of certain documents or evidence 'along with return', as is in effect the requirement of section 184(2) of the income tax act. on the question whether a statute is mandatory or directory, the bombay high court in .....

Verma Roadways Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2000)75ITD183(All.)

..... sub-section (1) of section 37 of the indian income-tax act, 1922, or under sub-section (1) of section 131 of the income-tax act, 1961, or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922 or under sub-section (1) of section 142 of the income-tax act, 1961, is issued to verma transport co., lucknow banda transport ..... lucknow banda transport co., it stands established that there was no warrant of authorisation for conducting search, as stipulated under the provisions of section 132(1) of the income-tax act, 1961, in the case of the person styled as "m/s. verma roadways" and if it is so, then, all consequential actions, such as seizure, issuance ..... and be delivered in this office within 16 days of service of this notice, duly verified and signed in accordance with the provisions of section 140 of the income-tax act, 1961.65. referring to the above mentioned notice, the ld. counsel for the assessee, shri s. p. gupta, ld. senior advocate, submitted that the notice .....

Commissioner of Income-tax Vs. Sagar Mal Shambhoo Nath

Court : Allahabad

Reported in : (2006)203CTR(All)167; [2008]296ITR440(All)

..... apply when the case is not one covered by section 187 but once it is found that no departure from the provisions of the indian partnership act is contemplated by section 187 of the income-tax act, 1961, it must follow that the instant case would not fall under section 187 and, therefore, this being a case of succession of the old firm ..... tribunal, new delhi has referred the following question of law under section 256(1) of the income tax act, 1961 (hereinafter referred to as the '1961 act') for opinion to this court:(i) whether', on the facts and in the circumstances of the case, the i.t.a. t. was legally correct to direct ..... as follows:strong reliance was placed upon two judgments of this court. this court in c.a. abraham v. income-tax officer : [1961]41itr425(sc) , speaking through shah j., held that section 44 of the income-tax act set up a machinery for assessing the tax liability of firms which have discontinued their business. this was followed by this court again in commissioner of .....

Nircon Developers Pvt. Ltd. and Others Vs. Zohrabai FakhruddIn and Oth ...

Court : Mumbai

Reported in : 1998(2)ALLMR246; 1998(1)BomCR153

..... the plaintiff himself has stated that there was no written agreement as executing such anagreement would have entailed complying with provisions of chapter xx-c of the income tax act. it is staled that the document dated 18-1-1994 wherein the terms of the oral agreement dated 25th december, 1993 were reduced to writing was deliberately ..... signed. in the present case formal contract is a precondition in view of the provisions of chapter xx-c of the income tax act. admittedly, no such agreement as envisaged under chapter xx-c of the income tax act has been entered into between the parties. the very purpose of the provisions of chapter xx-c is to prevent the ..... of non-existing fabric of falsehood and blatant lies. apart from the aforesaid there is admittedly no clearance under the provisions of chapter xx-c of the income tax act. the plaintiffs have also approached this court after a period of almost 6 to 8 months after the alleged agreement. thus the plaintiffs application suffers from .....

Vinar and Co. and Another Vs. Income-tax Officer and Others.

Court : Kolkata

Reported in : [1992]193ITR300(Cal),[1992]65TAXMAN338(Cal)

..... the following submissions :the word person (appearing in section 276b of the income-tax act, 1961) has been defined in the income-tax act, 1961, in section 2 (31) so as to include a firm. the first is an assessee under section 2 (7) of the income-tax act, 1961. a partnership-firm as distinguished from a company is not a legal or ..... against the managing partner by way of imprisonment.according to learned advocate for the respondent, an individual partner can also be proceeded against under section 276b of the income-tax act, 1961, and penalty/imprisonment can be imposed. in the instant case, show-cause notices have only been issued against the petitioner-firm (petitioner no. 1) and ..... . it was held by the delhi high court that the prosecution ought to be quashed for two reasons : firstly, because, prior to section 278b of the income-tax act, 1961, coming into force, i.e., on october 1, 1975, the firm alone could have been proceeded against and the partners could not be prosecuted. secondly, .....

Mahadevia and Mehta Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT West Bengal

..... his elaborate submissions, urged us to set aside the orders of the authorities below, and direct the assessing officer to grant the status of 'registered firm' under the income-tax act.13. shri arvind shankar, distinguished departmental representative, strongly defended the orders of the authorities below. it was stated that the estate of mrs. chanda amritlal is a ..... or bogus." 16. hon'ble patna high court has, in the case of alankar jewellers v.cit [1979] 116 itr 89, inter alia observed as follows : "... it is now well nigh settled that insofar as the provisions under 1961 act are concerned, there are only four conditions with which ito is concerned, and on fulfilment of all ..... which an application for registration under section 184(1) of 1961 act must be allowed. to that extent, the concept of 1922 act that grant of registration was a privilege can be no longer be held to be hold the field under the 1961 act. under the provisions of 1961 act the matter of registration has, if i may say so, .....