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Ddit and Adit Vs. Balaji Shipping (Uk) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... in the present case, we are concerned with the scope of the expression 'operation of ships' used in article 9 of indo-uk treoly.this expression is neither defined in such treaty nor in the indian income tax law as existed at the time when the treaty was executed.reference to the provisions of chapter xiig in the income tax act, 1961 by the learned counsel for the assessee has no relevance in ascertaining the contemporeous thinking since ..... profit rate of 7.5% prescribed under section 44b of income-tax act, 1961 (the act). ..... act 1961 popularly known as 'tonnage tax scheme' regarding the taxability of the income of indian shipping companies and the attention was drawn to the provision of section 115vb which defines the term 'operation of ship ..... the perusal of section 115vb shows that assessee should first have some income from operation of ship whether owned or chartered by it and only then income from slot charter of ships can be considered under this chapter/further, section 1i5vi envisages a clear cut demarcation between income earned by company from operation of ships and the income earned by the company from ..... to be excluded from the taxation in view of the said treaty, however, in respect of the cargo transported through the ship of the carrier, it was held by the assessing officer that the assessee could not be said to be engaged in the business of operation of ships and consequently, the income arising to the assessee in, this regard was assessable under section 44b of the act. .....

South India Corpn. Ltd. Vs. the Addl. Commnr. of Income Tax and ors.

Court : Kerala

Reported in : [2009]312ITR31(Ker); 2008(2)KLJ652; [2009]180TAXMAN319(Ker)

..... arising for decision in this case are certain questions relating to the interpretation of some of the provisions in chapter xii-g of the income tax act, 1961, the 'act', for short, providing special provisions relating to income of shipping companies, as per the finance act, 2004, hereinafter referred to as the 'finance act'.chapter xii-g of the act provides, among other things, a tonnage tax scheme, which is optional. ..... the effect of the provisions contained in section 115va of the act, whereby the income from the business of operating qualifying ships is available for computation on the basis of option in terms of the provisions of chapter xii-g, as available to a company, cannot be whittled down by restricting the scope of the term 'company' in section 115va by applying section 115vc, which provides that a company is a qualifying company for the purpose of chapter xii-g if, among other things, the main object of the company is to carry on the business of operating ships. ..... in that view of the matter, the plain meaning of the term 'the main object of the company' in section 115vc(d), does not call for any restriction that the said provision would apply only in cases where the company applying for approval of its option, has to be one which has the business of operating ships enumerated as its main object, going by its memorandum of association.10. ..... the question as to whether a company is operating a ship, has to be decided with reference to section 115vb. .....

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

Court : Delhi

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

..... (iii) that although by inserting an explanationn in section 9(ii) of the income tax act, 1961, with effect from 1st april, 1979 by the finance act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services rendered in india, shall be regarded as income earned in india, yet all kinds of payments arising under a contract of employment are not liable to tax in india. ..... thus even as regards taxation of receipts it is factual and the explanationn inserted with effect from 1-4-1979 does not bring to tax all receipts de hors the facts.the issues thus of section 9/192 having extra territorial operation or taxation in india of retention pay/continuation pay paid in japan were not settled beyond dispute or beyond the pale of reasonable belief.the department's stand that they were settled beyond reasonable doubt do not merit ..... the appellant also did not bother to seek a clarification from cbdt as to its liability despite a well advertised voluntary disclosure scheme announced by the cbdt for foreign companies operating in india who as employers, had defaulted in deducting tax at source as required under section 192 on salaries and allowances paid overseas or perquisites provided abroad, to their employees for services rendered in india. ..... the issue relating to extra-territorial operations of such provisions of the income tax act is presently pending with the hon'ble supreme court. .....

Commissioner of Income-tax Vs. I. Chatterji

Court : Mumbai

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

..... 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. ..... high court in the aforementioned case of arvind narottam lalbhai dalpatbhai vada : [1976]105itr378(guj) , observed that the words which required interpretation, having regard to the argument before it (which is the argument before us) in sub-section (2) of section 23 of the income-tax act, 1961, were : 'the annual value shall first be determined as in sub-section (1) 'and' and further be reduced by one-half of the amount'. ..... 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. ..... in our view, the words 'and further be reduced' in sub-section (2) of section 23 of the income-tax act, 1961, do not lead to the conclusion that there has already been a reduction in the annual letting value by the application of the provisions contained in sub-section (1). .....

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

Court : Chennai

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

..... 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. ..... directed to show cause as to why they could not be held jointly and severally liable for the payment of the tax arrears and this notice seems to have been answered by one chandrasekara mudaliar, managing director of the company, who pointed out that a waiver petition was pending in respect of the interest under section 139(8) of the income-tax act as the arrears for the assessment year 1974-75 were only on account of the interest liability. ..... essentially that in spite of the efforts made as per the procedure followed in the income-tax act for recovery of the tax arrears when the said tax arrears cannot be recovered then alone the liability can be transferred under section 179(1) of the income-tax act to the directors. ..... out that the only effort which has been made for recovery of tax arrears is by way of a show-cause notice under sections 221 and 222 of the income-tax act which would be apparent from the contents of paragraph 4 of the order passed by the income-tax officer. ..... was, therefore, prayed that the proposed action under section 179 of the income-tax act should be stayed during the pendency of the appeal ..... therefore, better to remand the matter to the concerned authority who would consider all the aspects and then come to the conclusion regarding the proceeding under section 179(1) of the income-tax act and the resultant action thereof. .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... 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. ..... were directed to show cause as to why they could not be held jointly and severally liable for the payment of the tax arrears and this notice seems to have been answered by one chandrasekara mudaliar, managing director of the company, who pointed out that a waiver petition was pending in respect of the interest under section 139(8) of the income tax act as the arrears for the assessment year 1974-75 were only on account of the interest liability. ..... 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. ..... suggests essentially that in spite of the efforts made as per the procedure followed in the income tax act for recovery of the tax arrears when the said tax arrears cannot be recovered then alone the liability can be transferred under section 179(1) of the income tax act to the directors. ..... points out that the only effort which has been made for recovery of tax arrears is by way of a show-cause notice under sections 221 and 222 of the income tax act which would be apparent from the contents of paragraph 4 of the order passed by the income tax officer. .....

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. ..... that pursuant to the duty assigned to him under section 147 of the income-tax act, 1961 in the aforesaid rule 4 of the central board of direct taxes (regulation of transaction of business) rules 1964, shri s. a. l. ..... narayana row, member, central board of direct taxes gave sanction for the reopening of the assessments under section 147 of the income-tax act, 1961 in the aforesaid case on 11-8-1965.4. ..... narayana row, the then member of the central board of direct taxes that he should take up the work of according sanction of the board under section 151(1) for reopening of assessments under section 147 of the income-tax act, 1961 to which he consented.4. ..... 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 .....

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

Court : Uttaranchal

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

..... 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. ..... 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 ..... department, averment is made to the effect that the impugned notification amending rule 3 of the income-tax rules was placed before parliament under section 296 of the income-tax act on december 7, 2001, in the lok sabha and on december 18, 2001, in the rajya ..... required to be framed by the central board of direct taxes under section 295(1) of the income-tax act in this connection, it was submitted that under section 291(2)(c), the central board of direct taxes was required to make rules, which were proper and reasonable ..... 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 .....

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. ..... furthermore, in this context, it was submitted that, once, the necessary notification is issued by the central government, under section 90 of the income tax act, for the implementation of the dtaa, the provisions of dtaa would, automatically, override the provisions of the said act, in matters concerning the chargeability of income to tax, and, where inconsistency was found as between the provisions of the income tax act and the dtaa. 20.6. ..... the parties had agreed before the learned arbitrator to have the issues determined on a document-only basis , expert evidence was led by both sides, with regard to the obligation, if any, of adam coal to deduct withholding tax under the provisions of the indian income tax act, 1961 (in short the income tax act ). ..... if an owner finds another person trespassing upon his land and building upon his land, mere silence of inaction on his part at the time of the building operations is not sufficient to support a case of acquiescence. ..... admittedly, adam coal failed to ship the cargo; a fact, which was conceded by them, on 12.10.2011. 11.3. .....

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

Court : Supreme Court of India

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

..... " sub-section (4) "where the person who was at the commencement of the indian income-tax(amendment) act, 1939 (vii of 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 ..... whereas it is thought advisable and prudent to reduce into writing the terms and conditions agreed upon orally by them the partners agree and have agreed to the following terms and conditions stipulated hereunder :- the operative terms relevant to our purposes were the following: "the agreements of partnerships dated 30th may 1939 entered into by (1) nagjee amersee sait, (2) narayanjee purushotham sait (3) maneck lal purushotham sait and (1) nagjee amersee sait ..... its case is that under annexure c i an outsider hemchand was -admitted as partner in some of the businesses of the existing partner- ship, namely, the umbrella and soap businesses and by the other instrument, annexure c 11, the other existing businesses of that partnership, e.g. .....