Court : Uttaranchal
Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)
..... , 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. ..... 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. ..... was submitted that the hdfc has been giving loans for housing purposes at 8.25 per cent, and for other loans the interest charged by the hdfc is 8.75 per cent, whereas the income-tax officer is empowered under the impugned notification to take into account interest at 10 per cent, and 13 per cent. ..... computing taxable income under the head 'salary' the value of rent free accommodation and the value of any other benefit or amenity has to be taken into account [see section 7(2)(iii)]. ..... contended that under the income-tax act, one has to go by the assessment year relevant to the previous accounting year. ..... it covers the assessment year 2002-2003 relevant to the accounting year ending on march 31, 2002. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)189CTR(Uttranchal)91; [2003]264ITR328(Uttaranchal)
..... (2) whether, on the facts and in the circumstances of the case, the learned income-tax appellate tribunal was legally correct in holding that no perquisite arose on account of free accommodation facility provided by the employer to its employees and the assessing officer was not justified in charging interest under section 201/201(1a) of the income-tax act ? ..... being aggrieved the assessee carried the matter in appeal to the income-tax appellate tribunal which took the view that in the quantum appeals it has been held that free boarding on the rigs was not a perquisite under section 17(2)(iii) and those decisions have not been challenged by the department and therefore interest under section 201(1a) of the income-tax act was not leviable on hyundai heavy industries co. ..... (employer) for short payment of the tax deducted at source to the revenue on the ground that free boarding constituted a perquisite under section 17(2)(iii) of the income-tax act and on that perquisite the assessee had failed to collect the tax. ..... this decision of the department has been set aside by the tribunal and therefore the department has come by way of appeal to the high court under section 260a of the income-tax act.4. ..... , the assessee, was charged with interest under section 201(1a) of the income-tax act, 1961, for short payment of tax deducted at source from the salary of its employee for the assessment year 1994-95. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)216CTR(Uttranchal)86
..... this appeal, preferred under section 260a of the income tax act, 1961, is directed against the judgment and order dated 26th february 2006 / 7th april 2006, passed by the income tax appellate tribunal, delhi bench 4d4, new delhi (hereinafter referred as itat), in income tax appeal no. ..... aggrieved by said order dated 10.01.1996, passed by additional commissioner of income-tax, dehradun (assessing officer), an appeal was preferred by the assessee nrc under section 143 of income tax act, 1961 before the commissioner of income-tax (appeals), dehradun [hereinafter referred as cit(a)]. ..... (hereinafter referred to as 'united states tax'); provided, however, the convention shall apply to the excise taxes imposed on insurance premiums paid to foreign insurers only to the extent that the risks covered by such premiums are not reinsured with a person not entitled to exemption from such taxes under this or any other convention which applies to these taxes; and (b) in india:(i) the income-tax including any surcharge thereon, but excluding income-tax on undistributed income of companies, imposed under the income-tax act; and (ii) the surtax. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)186CTR(Uttranchal)328; [2003]264ITR761(Uttaranchal)
..... april 19, 1986, under section 143(3) of the income-tax act, 1961, on the total income of rs. ..... the union of india, contended that by the notification issued by the government of india on march 31, 1983, under section 6(6) and under section 7(7) of the territorial waters, continental shelf and exclusive economic zone act, 1976, the income-tax act was made applicable to the exclusive economic zone with effect from april 1, 1983. ..... tax could not have been levied on the income which accrued in the accounting year ending march 31, 1983, when the territory in which it accrued was not the taxable territory to which the income-tax act ..... provisions of the income-tax act were made applicable from april 1, 1983, to the continental sheif and exclusive economic zone. ..... atwood oceanics international company was the representative assessee of its employee--gene little who was employed during the accounting year ending march 31, 1983, relevant to the assessment year 1983-84, on off shore drilling rig operating in bombay high for oil exploration in the continental ..... the assessing officer, the notification came into force with effect from april 1, 1983, and therefore the income of the employee earned during the previous year 1982-83 became taxable during the assessment ..... are concerned regarding taxability of income earned by a foreign technician, employee, on the rigs located in the continental shelf and the economic zone but beyond territorial waters of india during the accounting year ending march 31, 1983 .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2009]309ITR85(Uttaranchal)
..... manu/sc/3330/2007 : [2007]293itr194(sc) , when a penalty was imposed on the employer under section 201 of the income-tax act, 1961, for not complying with the provisions of section 195 of the act, the apex court held that for default on the part of the employer's failure to deduct the tax, penalty was leviable under section 201(1) of the act and it allowed the appeal of the revenue in the said case.10. ..... 3616/d/2003, in which the appeal of the revenue is dismissed and the order of the commissioner of income-tax (appeals) (hereinafter referred as the commissioner of income-tax (appeals)) is affirmed that the assessee is not liable to pay the interest under section 234b of the income-tax act, 1961. ..... it is not disputed that the assessee is a non-resident foreign company and was engaged by another non-resident foreign company in the business of exploration of mineral oils in bombay high and as such the profits and gains were to be assessed under section 44bb of the income-tax act, 1961. ..... -in this section, 'assessed tax' means the tax on the total income determined under sub-section (1) of section 143 or on regular assessment as reduced by the amount of tax deducted or collected at source in accordance with the provisions of chapter xvii on any income which is subject to such deduction or collection and which is taken into account in computing such total income. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2006]284ITR22(Uttaranchal)
..... , 376 and 379/delhi of 1997, respectively, for the financial years 1991-92, 1992-93, 1993-94 and 1994-95, whereby the learned income-tax appellate tribunal has quashed the orders of the commissioner of income-tax (appeals) (in short 'the cit(a)'), and allowed the appeals filed by the district excise officer, dehradun, and recorded his finding that the assessee is not an assessee in default under section 206c of the income-tax act, 1961 (hereinafter referred to as 'the act').3. ..... shall, at the time of debiting of the amount payable by the buyer to the account of the buyer or at the time of receipt of such amount from the said buyer in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, collect from the buyer of any goods of the nature specified in column (2) of the table below, a sum equal to the percentage, specified in the corresponding entry in column (3) of the said table, of such amount as income-tax : tablesi. ..... such, held the assessee to be in default on account of tax collectible at source under section 206(6) of the act.9. ..... (5) every person collecting tax in accordance with the provisions of this section shall within ten days from the date of debit or receipt of the amount furnish to the buyer to whose account such amount is debited or from whom such payment is received, a certificate to the effect that tax has been collected, and specifying the sum so collected, the rate at which the tax has been collected and such other particulars as may .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)214CTR(Uttranchal)192; [2008]299ITR238(Uttaranchal)
..... while determining the tax liability of the appellant, the hon4ble apex court has taken into consideration section 5(2), section 9(1)(i) and section 9(1)(vii) of the income tax act and considered the question of imposition of tax on income arising from a business connection ..... (3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and gains specified in that sub-section, if he keeps and maintains such books of account and other documents as required under sub-section (2) of section 44aa and gets his accounts audited and furnishes a report of such audit as required under section 44ab, and thereupon the assessing officer shall proceed to make an assessment of the total income or loss of the assessee under sub-section (3) of section 143 and determine the sum payable by, or refundable ..... section 5 and section 9 both are aimed at the income for the taxability under section 4 of the act, while section 44bb does not take into account the income for calculating the aggregate amount to calculate 10 per cent profit and ..... placed by sri porus kaka, learned counsel for the assessee, is misplaced as we have observed that the amount referred in sub-section (2) of section 44bb are four types of amounts and all the four types of amounts are mutually inclusive and has to be taken into account either all of them or any of them and its clauses themselves provide that whether the payment is made inside india or outside india. 17. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2004]265ITR129(Uttaranchal)
..... on february 27, 1997, the commissioner of income-tax, meerut, moved an application under section 256(1) of the income-tax act, 1961, before the tribunal requesting the tribunal that statement of case may be drawn up and the question of law arising from its order dated june 20, 1990, in income-tax appeal no. ..... the order of the assessing officer was overruled by the income-tax appellate tribunal and therefore the matter has come before us under section 256(2) of the income-tax act by which the department seeks a direction from this court to the income-tax appellate tribunal directing it to draw up a statement of case and refer the questions of law to the high court for opinion.two questions of law arise in this application ..... in our view the above two questions of law are required to be decided by us as they are substantial questions of law and the tribunal was wrong in rejecting the application of the department.accordingly, we direct the income-tax appellate tribunal to draw up a statement of case and refer the above two questions of law to this court under section 256(1) of the income-tax act.accordingly, income-tax application no. ..... (ii) whether the income-tax officer was right in adding the payment of surtax by the ongc as perquisite/benefit in terms of section 28(iv) of the income-tax act to the income of the assessee ..... , the income-tax officer added the payment of surtax by the ongc to the income of the assessee as benefit/perquisite under section 28(iv) of the income-tax act. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)218CTR(Uttranchal)203; [2008]302ITR268(Uttaranchal)
..... this appeal, preferred under section 260a of the income tax act, 1961 (hereinafter referred as the act) is directed against the judgment and order dated 30.09.2005, passed by the income tax appellate tribunal, delhi bench 'a', delhi (hereinafter referred as itat), in income tax appeal no. ..... the question now is whether, revisional power under section 263 of the income tax act, 1961, could have been exercised by the cit, or not, in the matter7. mr. ..... the revisional jurisdiction of cit under section 263 of the income tax act, 1961, cannot be said to be 'other proceedings' as the notice issued by cit to the respondent/assessee pertains to the same proceedings of kvss questioning whether the matter settled by the ao was covered under said scheme, or not? ..... whether, the itat has erred in law in holding that order under section 263 of income-tax act, 1961, could not have been passed ignoring that the settlement under kvss related only to the tax arrears?3. ..... after going through the objects of the kvss, we are satisfied in view of the principle of law laid down in the aforesaid case that where the declaration is found false, the income tax authorities under the income tax act, 1961, are not prevented from taking the steps under the act, and what gets finalized under kvss of 1998 is the amount of tax payable on the declared sum under the scheme. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2005)198CTR(Uttranchal)371; [2005]276ITR585(Uttaranchal)
..... the 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. ..... this 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. ..... whether, 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. ..... secondly, 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. ..... in this case, the assessee has computed its income by taking into account the benefit which it has received on account of ongc paying tax on its behalf. .....
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