Court : Uttaranchal
Reported in : (2005)198CTR(Uttranchal)371; [2005]276ITR585(Uttaranchal)
..... , section 195a comes under chapter xvii of the income-tax act which deals with collection and recovery of tax whereas section 44bb comes under chapter iv which deals with computation of business income. ..... is an appeal preferred under section 260a of the income-tax act, 1961, filed by the revenue against the judgment and order dated december 7, 2000, passed by the income-tax appellate tribunal, new delhi, in i. t. a. ..... , that concept can be applied by the department to compute income falling under section 44bb of the income-tax act it was argued on behalf of the department, that in the case of tax protected contracts, section 195a was attracted and, therefore, the department was entitled to compute the deemed profits derived by the nrc by applying the method of multiple stage grossing up of income. ..... , that section cannot be applied in support of multiple stage grossing up of income in respect of computation of deemed profits under section 44bb of the income-tax act. ..... we may point out that section 195a of the income-tax act has no application. ..... question raised before us is as follows :'whether, on the facts and circumstances of the case, the learned income-tax appellate tribunal was legally correct in upholding the orders of the commissioner of income-tax (appeals) that there is no scope of grossing up and that the income determined on notional basis in accordance with section 44bb of the income-tax act, 1961, was not liable to be grossed up under section 195a of the income-tax act ?'4. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)186CTR(Uttranchal)468; [2003]264ITR340(Uttaranchal)
..... 195a comes under chapter xvii of the income-tax act which deals with collection and recovery of tax whereas section 44bb comes under chapter iv which deals with computation of business income. ..... concept can be applied by the department to compute income falling under section 44bb of the income-tax act it was argued on behalf of the department, that in case of tax protected contracts, section 195a was attracted and therefore the department was entitled to compute the deemed profits derived by the nrc by applying the method of multiple stage grossing up of income. ..... that since the nrc had accepted its liability under section 28(iv) of the act, may be at single stage, it is clear that section 28(iv) has to be read with section 44bb of the income-tax act and that section 44bb does not override section 28(iv) of the act. ..... department has come in appeal under section 260a of the income-tax act as stated above.question : the following question of law is required to be answered :'whether, the tribunal was right in holding that mulitple stage grossing up of income was not applicable to notional income under section 44bb read with section 195a of the income-tax act ? ..... assessing officer, section 44bb of the income-tax act did not override section 28(iv) of the income-tax act. ..... counsel appearing on behalf of the assessee, on the other hand, submitted that the concept of multiple stage grossing up of income was not applicable for computing notional income under section 44bb of the income-tax act. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)
..... in this regard, it was further argued that section 192 of the income-tax act falls in chapter xvii, which deals with collection and recovery of taxes. ..... under chapter iv of the income-tax act we have computation of total income under various heads, one such head being 'salary'. ..... that the impugned rule was required to be placed before parliament as mentioned in section 295 read with section 296 of the income-tax act and since the impugned rule has not been placed before parliament for approval, the impugned rule violates section 295 read with section 296 of the income-tax act, and, therefore, the impugned rule is bad in law. ..... he also invited our attention to section 15 and section 16 of the income-tax act and he contended that section 15, section 16 and section 17 should be read together and if they are read together, it is clear that interest free loans/concessional loans and other free benefits/amenities like free meals, free education, credit card facilities, etc. ..... firstly, on the ground that the impugned notification is issued in purported exercise of power conferred on the central board of direct taxes by section 295 of the income-tax act, 1961, read with section 17(2) and section 192(2c) of the income-tax act ; that by virtue of the impugned notification, the central board of direct taxes has purported to supplement section 17(2) of the income-tax act by incorporating amendments in the existing income-tax rules. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)186CTR(Uttranchal)144; [2003]264ITR320(Uttaranchal)
..... it was argued that sections 191, 208 and 234b all fall in chapter xvii of the act and therefore sections 192 and 208 cannot rule out section 191 of the act which states that if the payer fails to deduct tax at source the tax shall be payable by the assessee directly.8. mr. ..... that under section 209(1)(d) the income-tax calculated is to be reduced by the amount of tax which would be deductible at source or collectible at source, which in this case has not been done by the employer company according to the law prevailing for which the assessee cannot be faulted. ..... secondly, although section 191 of the act is not overridden by sections 192, 208 and 209(1)(a)(d) of the act, the scheme of sections 208 and 209 of the act indicates that in order to compute advance tax the assessee has to, inter alia, estimate his current income and calculate the tax on such income by applying the rates in force. ..... she contended that the income-tax appellate tribunal was wrong in holding that section 234b was not applicable to incomes falling under the head 'salaries'. ..... accordingly, all the above income-tax appeals are disposed of with no orders as to costs. ..... that in such cases the department had a right to move against the employer company under section 201 for recovery of balance tax with interest under section 201(1a). .....
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