Judgment Search Results Home > Cases Phrase: income tax act 1961 section 115 i chapter not to apply if the assessee so chooses Page 1 of about 1,318 results (0.431 seconds)

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Reported in : (1999)65TTJ(Del)1

..... ordernathu ram, a.m.these are the appeals preferred by the assessees against the common order of the commissioner (appeals) for the financial years 1989-90 to 1994-95 confirming the penalties levied under section 271c of the income tax act, 1961. ..... (b) that the company had all along maintained during penalty proceedings that as per terms of employment of expatriate employees on deputation to india, part of their salary had been paid to them in japan as retention/continuation pay and the provisions of chapter xvii-b of the income tax act did not apply to payment of salary in japan. ..... '271c : (1) if any person fails to(a) deduct the whole or any part of the tax as required by or under the provisions of chapter xvii-b; or(b) pay the whole or any part of the tax as required by or under,(i) sub-section (2) of section 115-q; or(ii) the second proviso to section 194b,then such person shall be liable to pay by way of penalty, a sum equal to the amount of tax which such person faded to deduct or pay as aforesaid. .....

Commissioner of Income-tax Vs. I. Chatterji

Court : Mumbai

Reported in : (1986)50CTR(Bom)129; [1986]161ITR535(Bom); [1986]24TAXMAN251(Bom)

..... dalvi, learned counsel for the assessee, that, on a construction of section 23 of the income-tax act, 1961, the assessee was entitled to deduct the municipal taxes that he had paid for the purposes of determining the annual letting value of his self-occupied house property. ..... jetly, learned counsel for the revenue, submitted that having regard to this position and the language of section 23 of the income-tax act, 1961, no deduction was available to the assessee on account of municipal taxes.6. ..... at the instance of the revenue, this reference is made under section 256(1) of the income-tax act, 1961, to pose the question :'whether the tribunal was right in holding that the deduction for municipal taxes was allowable under section 23(1) of the income-tax act, 1961, while determining the annual value in the case of self-occupied property ?'2. ..... if a mere prima facie view were to be taken, the condition about deduction of municipal taxes laid down in the first proviso would not apply to property in the occupation of an owner for the purpose of his own residence. ..... of the total income of the owner (the total income for this purpose being computed without including therein any income from such property and before making any deduction under chapter vi-a or section 280(o) the excess shall be disregarded.explanation. .....

C. Rajendran and anr. Vs. Income-tax Officer

Court : Chennai

Reported in : (2002)173CTR(Mad)171; [2002]253ITR139(Mad)

..... it would be for the department to prove the impossibility of the recovery of the tax arrears from the assessee-company before the concerned officer by putting relevant material and not merely relying upon the notices issued under section 221 and section 222 of the income-tax act. ..... it seems that the income-tax officer, by his order dated january 7, 1988, came to the conclusion that the taxes due from the assessee-company couldnot be recovered from the company and that chandrasekara mudaliar was the managing director while rajendran and surendran were the directors of the company during the relevant years and that they would be jointly and severally liable for the above mentioned tax arrears and the interest in terms of section 179(1) of the income-tax act. 4. ..... learned counsel points out from this phraseology that it was on 'failure of the assessee-company to pay the tax arrears' that the proceedings under section 179(1) of the income-tax act were initiated. ..... then the authority mentions : 'in so far as the assessee-company failed to pay the tax, proceedings under section 179(1) of the income-tax act were initiated against 1. ..... a notice came to be served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income-tax act, 1961. .....

Union of India (Uoi) and ors. Vs. Seth R. Dalmia

Court : Supreme Court of India

Reported in : AIR1975SC1017; (1975)4SCC16; [1975]3SCR735; 1975(7)LC275(SC)

..... gandhi, it is admitted that 'all assessment work of income tax' had been assigned to the chairman under office order dated january 1, 1964 which included matters relating to the reopening of assessments under section 34 of the income-tax act, 1922 or under section 147 of the income-tax act, 1961, but the paragraph adds that 'later with the approval of the central government this item of work was assigned to the member of the board shri s. a. l. ..... this claim was questioned by the petitioner in the high court and one of the grounds on which the validity of the notices was challenged was that sanction of the central board of direct taxes had not been taken before the notices were issued as required by section 151 of the act. ..... the approval given at that stage does not touch the rights of the assessees. ..... not clear from this note what exactly was considered unnecessary-a formal order expressing the approval, or getting the proposed alteration approved by the central government it was argued that as the suggested alteration was considered 'just a minor internal arrangement,' it was likely that the chairman thought that no prior approval of the central government was necessary before the altered arrangement was put into operation, in which case the notices would be invalid in view of rule 4 of the central board of direct taxes (regulation .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... it seems that the income tax officer, by his order dated 7-1-1988, came to the conclusion that the taxes due from the assessee-company could not be recovered from the company and that chandrasekara mudaliar was the managing director while rajendran and surendran were the directors of the company during the relevant years and that they would be jointly and severally liable for the above mentioned tax arrears and the interest in terms of section 179(1) of the income tax act.this was objected to by filing a writ petition before the learned single judge. ..... it would be for the department to prove the impossibility of the recovery of the tax arrears from the assessee-company before the concerned officer by putting relevant material and not merely relying upon the notices issued under section 221 and section 222 of the income tax act. ..... 'learned counsel points out from this phraseology that it was on 'failure of the assessee-company to pay the tax arrears' that the proceedings under section 179(1) of the income tax act were initiated. ..... then the authority mentions :'in so far as the assessee-company failed to pay the tax, proceedings under section 179(1) of the income tax act were initiated against 1. ..... a notice came to be served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income tax act, 1961. .....

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... 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. ..... hence, we do not find any merit in the argument advanced on behalf of the assessee that interest free loan/concessional loan has no co-relation with the word 'salary' and that the legislature has not indicated any policy while enacting section 17(2)(vi) and that the central board of direct taxes had usurped the legislative function of parliament in enacting the impugned rules.issue no. 2 :14. ..... 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. ..... he argued that the finance act, 2001, specifically applied the amended law with effect from april 1, 2002, i.e, for the assessment year 2002-2003 relevant to the previous year ending march 31, 2002, and, therefore, there was no retrospective operation of the impugned rules/notification as alleged. .....

Commissioner of Wealth-tax Vs. Vikram Swarup

Court : Kolkata

Reported in : [1993]202ITR889(Cal)

..... --for the purposes of this rule- (i) the following amounts shown as assets in the balance-sheet shall not be treated as assets, namely : (a) any amount paid as advance tax under section 18a of the indian income-tax act, 1922 (11 of 1922), or under section 210 of the income-tax act, 1961 (43 of 1961) ; (b) any amount shown in the balance-sheet including the debit balance of the profit and loss account or the profit and loss appropriation account which does not represent the value of any asset : (ii) the following amounts shown as liabilities in the balance-sheet shall not be treated as liabilities, namely : (a) the paid-up capital in respect ..... krishnan : [1986]162itr309(kar) , the division bench of the bombay high court held that, for the purpose of determining the excess provision for taxation over the tax payable with reference to book profits in terms of explanation ii(ii)(e) to rule 1d, the tax payable with reference to book profits cannot be reduced by the amount of advance tax paid and, accordingly, answered the question of law referred to them in the negative and in favour of the assessee.34. ..... but, when the statute requires the working of only 'tax payable' and not 'tax due', one has to work out the gross tax payable with reference to the book profits by applying the rate of tax applicable for the relevant assessment year as laid down in the relevant finance act.16. .....

Interbulk Trading SA, Switzerland Vs. Adam and Coal Resources Private ...

Court : Chennai

..... at this point, i may also deal with the argument, which was advanced on behalf of the respondent, which is that, provision of section 195 of the income tax act, 1961 (in short 1961 act) necessarily obligated deduction of withholding tax, by the payer, without fail, every time a payment was made to a non-resident. ..... (1968) 68 itr 457 it was pointed out that if the payment made by the resident to the non- resident was an amount which was not chargeable to tax in india, then no tax is deductible at source even though the assessee had not made an application under section 18(3b) (now section 195(2) of the i.t. ..... - for the purposes of this section, where any interest or other sum as aforesaid is credited to any account, whether called" interest payable account" or" suspense account" or by any other name, in the books of account of the person liable to pay such income, such crediting shall be deemed to be credit of such income to the account of the payee and the provisions of this section shall apply accordingly. ..... [312 itr 225] the provisions for deduction of tas which is in chapter xvii dealing with collection o f taxes and the charging provisions of the i .t. ..... similarly, section 195 imposes a statutory obligation on any person responsible for paying to a non- resident any sum "chargeable under the provisions of the act", which expression, as stated above, do not find place in other sections of chapter xvii. ..... s ection 1 95a ppears in chapter xvii which deals with collection and recovery. .....

Sait Nagjee Purushotham and Co. Vs. Commissioner of Income-tax, Madras

Court : Supreme Court of India

Reported in : AIR1967SC617; [1964]51ITR849(SC); [1964]6SCR91

..... (4) where the person who was at the commencement of the indian income-tax (amendment) act, 1939 carrying on any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is succeeded in such capacity by another person, the change not being merely a change in the constitution of a partnership, no tax shall be payable by the first mentioned person in respect of the income, profits and gains of the period between the end of the previous year and the date of such succession both these sub-sections gave a further right to the assessee but with that ..... section 25 (3) and (4) do not apply where the business was not in existence before the act of 1922 came into ..... (1) nagjee amersee sait (2) narayanji purushotham sait (3) manecklal purushotham sait and (4) hemchand veerji sait and registered as 98 and 97 in the joint 11 sub-registrar's office, calicut respectively, are hereby revoked and the affairs of the firm shall be regulated and governed by the regulations agreed upon orally and reduced into writing in this deed of partnership; and the terms and conditions of the revoked deed shall not in future apply to the firm except such as have been repeated in this deed. 1. ..... (1) that those whose duty it is to apply the provisions of the income-tax act must bear in mind that what may be the resulting position under the law of partnership and/or the hindu law is not necessarily the resulting position under the income-tax act. .....

Doom Dooma Tea Co. Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... learned counsel for the assessee placing reliance on the definition of 'tax' in clause (43) of section 2 of the income-tax act, 1961, argued that surtax is not a tax under the income-tax act and, therefore, deduction under section 37 is not prohibited. ..... this reference is made under sub-section (1) of section 256 of the income-tax act, 1961, at the instance of the assessee, a tea company with the name doom dooma tea company ltd. ..... this is how the gujarat high court reasoned out for not deducting surtax under section 37 of the income-tax act, 1961. 13. ..... the calcutta high court, in the first case, grappled with the definition of tax in section 2(43) of the income-tax act, 1961, and held that the definition of 'tax' in the context is inapplicable. ..... the computation of surtax was considered in this regard and it was stated that after income is distributed under chapter xi-d of the income-tax act, surtax payable by a company is determined and profits alone are charged under the surtax act. ..... when the 1922 income-tax act was promulgated, the provisions of the 1920 act were incorporated in sections 55 to 58 in chapter ix of that act. ..... in chapter xi in sections 95 to 109, certain companies are classified, grouped and defined like industrial companies and consultancy service companies and non-distributable profits are defined in this chapter and super-tax is levied. ..... this pattern is maintained in chapter xi of the 1961 act. .....