Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xvii collection and recovery of tax Court: supreme court of india Page 1 of about 138 results (0.274 seconds)

Modi Industries Limited, Modinagar and ors. Vs. Commissioner of Income ...

Court : Supreme Court of India

Reported in : (1995)128CTR(SC)361; [1995]216ITR759(SC); JT1995(6)SC549; 1995(5)SCALE362; (1995)6SCC396; [1995]Supp3SCR642

..... tax even before any assessment is made are authorised by sub-section (2) of section 4 and are incorporated in chapter xvii of the income tax act which deals with 'collection and recovery of tax ..... income tax officer may issue a notice of demand under section 156 and recover the amount in accordance with the procedure laid down in chapter xvii_d of the income tax act, 1961 ..... section 2(4) to mean the assessment made under section 143 or section 144.the procedure for making an assessment under section 143 of 144 has been laid down in chapter xiv of the income tax act, 1961 (sections 139 to 158). ..... clause (40) of section 2 of the income tax act, 1961 defines the expression 'regular assessment' to mean the assessment ..... under the repealed act of 1922 as well as under the new act of 1961, income tax has to be collected by a direct levy by a notice ..... the revenue urged before the learned judge that when the parliament enacted the 1961 act and used the expression 'regular assessment' in section 214, it must be presumed to be aware and approved of the interpretation placed thereon by the two high courts, bombay and allahabad the learned judge declined to accede to the said contention holding that the expression construed by the said high courts was not the expression ..... 1961 act contains a whole lot of sections dealing with advance tax, commencing from section 207 to section 219, under the sub-heading 'c- advance payment of tax' in chapter-xvii which chapter deals with 'collection and recovery of tax .....

Commissioner of Income-tax, New Delhi Vs. Eli Lilly and Company (India ...

Court : Supreme Court of India

Reported in : 2009BusLR418(SC); (2009)223CTR(SC)20; [2009]312ITR225(SC); JT2009(5)SC78; 2009(4)SCALE384; [2009]178TAXMAN505(SC); 2009(4)LC1742(SC); 2009AIRSCW3104

..... for the reasons stated hereinabove, we hold that the tds provisions in chapter xvii-b relating to payment of income chargeable under the head 'salaries', which are in the nature of machinery provisions to enable collection and recovery of tax forms an integrated code with the charging and computation provisions under the 1961 act, which determines the assessability/taxability of 'salaries' in the hands of the employee-assessee. ..... in this batch of civil appeals, the question which arises for determination is - whether tds provisions in chapter xvii-b, which are in the nature of machinery provisions to enable collection and recovery of taxes, are independent of the charging provisions which determines the assessability of income chargeable under the head 'salaries' in the hands of the recipient? ..... as stated above, the question which arises for determination is: whether tds provisions in chapter xvii-b, which are in the nature of machinery provisions enabling collection and recovery of tax are at all applicable to payments made abroad by the foreign company/ho who had seconded the expatriate(s) for rendering services in india to the tax-deductor- assessee (employer)?23. ..... section 192 of the 1961 act, according to the learned counsel, unlike other sections in chapter xvii-b, regulating deduction of tax at source, requires such deduction to be made on estimated income chargeable under the head 'salaries' and at the time of payment of salary. .....

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

..... it is noticed that elaborate provisions have been made in chapter xvii of the act of 1961 for collection and recovery of tax and part b thereof carries the provisions concerning deduction at source . ..... in case, the assessees are falling under the second category, no disallowance under section 40(a)(ia) of income-tax act where the tax was deducted before the last month of the previous year and the same was credited to the government before the expiry of the previous year. ..... whole or any part of the tax in accordance with the provisions of chapter xvii-b on any such sum but is not deemed to be an assessee in default under the first proviso to sub-section (1) of section 201, then, for the purpose of this sub-clause, it shall be deemed that the assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the resident payee referred to in the said proviso.16 *** *** the aforesaid amendment by the finance (no.2) act of 2014 was *** 19.2. ..... time of credit of such sum to the account of the sub- contractor or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equal to one per cent of such sum as income-tax on income comprised therein: provided that an individual or a hindu undivided family, whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44ab .....

Hari Krishna Bhargav Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1966SC619; [1966]59ITR243(SC); [1966]2SCR22

..... the essence of these provisions, apart from the machinery sections which are either supplementary to or fitted into, the scheme of the indian income-tax act, 1961, is that a person, with an income above a certain sum, may, if he so chooses and as an alternative to paying the full tax due on his income, make an annuity deposit and earn some present partial relief from taxation. ..... to avoid repetition and cross references the legislature has thought it proper to enact within the indian income-tax act those provisions relating to annuity deposits and has conferred upon the income-tax officer power to assess and collect annuity deposits, and exercise of that power may not be cavilled at even by a purist in draftsmanship. 8. ..... but it must be said that the chapter relating to the annuity deposit scheme is closely related to the scheme of levy of income-tax. ..... 3(1) of that act it was provided : 'save as otherwise provided in chapter xxii-a of the income-tax act, annuity deposit for the assessment year commencing on the 1st day of april, 1964, shall be made by every person to whom the provisions of that chapter apply at the rates specified in the second schedule.' 3. by s. ..... xvii-d for the recovery of arrears of income-tax. ..... by that chapter taxpayers of certain categories are required to make annuity deposits for every assessment year commencing from the assessment year 1964-65. .....

Brij Lal and ors. Vs. Commissioner of Income Tax, Jalandhar.

Court : Supreme Court of India

Reported in : (2011)1SCC1

..... provision for levy of interest for default in payment of advance tax under section 234b falls in chapter xvii [section f] which deals with collection and recovery of tax which as stated above is incidental to the liability to pay advance tax under section 207 (which is also in chapter xvii) and to the computation of total income in the manner indicated under chapter xix-a vide sections 245c(1b) and 245c(1c) read with the provisos to section 245c(1) on the additional income tax payable on the undisclosed income. ..... 34b [see rules 44c and 44ca] form of application for settlement of case under section 245c(1) of the income-tax act, 1961 in the settlement commission................................................. ..... it says that assessed tax will be tax on the total income as declared in the return minus the amount of tax deducted at source or collected at source in accordance with the provisions of chapter xvii (which covers sections 207, 209 and 215 of the act). ..... relevant provisions of the income tax act, 1961: 4. ..... vide referral orders dated 14.12.2004 and 20.1.2005 the following questions have been referred to the constitution bench of this court: (i) whether sections 234a, 234b and 234c of the income tax act, 1961 (for short "the act") are at all applicable to proceedings of the settlement commission under chapter xix-a of the act? .....

The Commissioner of Income-tax, Delhi (Central), New Delhi Vs. Singh E ...

Court : Supreme Court of India

Reported in : (1970)2SCC428

..... the income tax officer completed the assessment of total income of rs 5,35,000 and rs 8,99,029 for assessment years 1960-61 and 1961-62 on january 21, 1963 after the income tax act, 1961, hereinafter called the new act had come into force. ..... the respondent company which is an assessee was required by the income tax officer by notices issued under section 18-a(1) of the indian income tax act, 1922, hereinafter called the old act to make an advance payment of tax amounting to rs 3,17,077 for assessment year 1960-61 and rs 3,54,911 for assessment year 1961-62. ..... according to it in a case falling within that section in a proceeding for recovery of tax and penalty imposed under the act of 1922 it is not required that all the sections of the new act relating to recovery or collection should be literally applied but only such of the sections will apply as are appropriate in the particular case and subject, if necessary, to suitable modifications. ..... the question which has been referred to is answered in the affirmative and in favour of the commissioner of income tax who will be entitled to his costs in this court. ..... union of india1 this court examined the provision of section 271 which also appears in chapter xxi under which section 273 is to be found and the provision of section 297(2)(g) of the new act. .....

Commissioner of Income-tax, Delhi (Central) Vs. Singh Engineering Work ...

Court : Supreme Court of India

Reported in : AIR1971SC95; [1970]78ITR90(SC); [1971]1SCR769

..... 8,99,029/- for the assessment years 1960-61 and 1961-62 on january 21, 1963 after the income tax act 1961, hereinafter called the 'new act' had come into force. ..... the respondent company which is an assessee was required by the income tax officer by notices issued under section 18a(1) of the indian income tax act 1922, hereinafter called the 'old act' to make an advance payment of tax amounting to rs. ..... according to it in a case falling within that section in a proceeding for recovery of tax and penalty imposed under the act of 1922 it is not required that all the sections of the new act relating to recovery or collection should be literally applied but only such of the sections will apply as are appropriate in the particular case and subject, if necessary, to suitable modifications. ..... the question which has been referred to us is answered in the affirmative and in favour of the commissioner of income tax who will be entitled to his costs in this court. ..... section 273 of the new act empowers the income tax officer to levy penalty on an assessee where he finds at the tune of regular assessment that the assessee had furnished, under section 212, an estimate of the advance tax payable by him which he knew or had reason to believe to be untrue.3. ..... the union of india : [1970]77itr107(sc) this court examined the provision of section 271 which also appears in chapter xxi under which section 273 is to be found and the provision of section 297(2)(g) of the new act. .....

National Petroleum Construction Company Vs. Deputy Commissioner Of Inc ...

Court : Supreme Court of India

..... but for the purpose of tax deduction at source at lower rate or no deduction during contractual period, the assessing officer has been empowered under section 197(1) to issue a certificate to that effect in the manner so prescribed as 27 specified in chapter xvii of income tax act which relates to collection and recovery of tax. ..... against the refusal of the respondent no.1 to modify the certificate dated 26th june 2019 issued to the appellant for the financial/previous year 2019-20, corresponding to the assessment year 2020-21, under section 197 of the income tax act 1961, hereinafter referred to as the 2 it act , for tax deduction at source (tds) at the rate of 4% in respect of payments received by the appellant from oil and natural gas company ltd. ..... previous years; (iii) existing liability under the income-tax act, 1961 and wealth-tax act, 1957; (iv) advance tax payment 3[tax deducted at source and tax collected at source for the assessment year relevant to the previous year till the date of making application under sub-rule (1) of rule 28]. .....

Vodafone International Holdings B.V. Vs. Union of India and anr.

Court : Supreme Court of India

..... section 195 finds a place in chapter xvii of the income tax act which deals with collection and recovery of tax. ..... (b) tax avoidance and tax evasion: tax avoidance and tax evasion are two expressions which find no definition either in the indian companies act, 1956 or the income tax act, 1961. ..... according to the revenue, if its primary argument (namely, that htil has, under the spa, directly extinguished its property rights in hel and its subsidiaries) fails, even then in any event, income from the sale of cgp share would nonetheless fall within section 9 of the income tax act, 1961 as that section provides for a look through. ..... the indian income tax act, 1961, in the matter of corporate taxation, is founded on the principle of the independence of companies and other entities subject to income-tax. ..... the investment made by vodafone group companies in bharti did not make all entities of that group subject to the indian income tax act, 1961 and the jurisdiction of the tax authorities. ..... that, intrinsic to the transaction was a transfer of other rights and entitlements which rights and entitlements constituted in themselves capital assets within the meaning of section 2(14) of the income tax act, 1961. ..... suffice it to state that on 31.05.2010, an order was passed by the department under sections 201(1) and 201(1a) of the income tax act, 1961 [the act for short] declaring that indian tax authorities had jurisdiction to tax the transaction against which vih filed writ petition no. .....

Ge India Technology Centre Private Ltd Vs. Commissioner of Income Tax ...

Court : Supreme Court of India

..... 195 appears in chapter xvii which deals with collection and recovery. ..... merely on account of such remittance to the non-resident abroad by an indian company per se, could it be said that income chargeable to tax under the income tax act, 1961 (for short "i.t. ..... 1.4.89, payment in respect of royalty, fees for technical services or other sums chargeable under the income tax act would not get the benefit of deduction if the assessee fails to deduct tas in respect of payments outside india which are chargeable under the ..... under this act (other than interest on securities and salary) to a non-resident considers that the whole of such sum would not be income chargeable in the case of the recipient, he may make an application to the assessing officer to determine, by general or special order ..... any interest (not being interest on securities) or any other sum chargeable under the provisions of this act (not being income chargeable under the head "salaries") shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force : (2) where the person responsible for paying any such sum chargeable .....