Judgment Search Results Home > Cases Phrase: income tax act 1961 section 115vw maintenance and audit of accounts Sorted by: recent Court: mumbai Page 1 of about 168 results (0.206 seconds)

Ramkrishna Ramnath Vs. G. Lakshmi Narsimhan

Court : Mumbai

Reported in : AIR1970Bom30; 1969MhLJ574

..... it was, however, contended that even notices under section 34 have not been issued in the present case and the notices that are issued are under section 23(2) of the income-tax act, 1922 or under section 143(2) of the income-tax act, 1961. ..... on 6th of april 1967 the income-tax officer, central circle iii, nagpur, issued notices dated 6th april 1967 for each of these seven years to the assessee under section 23(2) of the indian income-tax act, 1922 or section 143(2) of the income-tax act, 1961. ..... it runs:'notice under section 23(2) of the indian income-tax act, 1922/under section 143(2) of the income-tax act, 1961.dated 6-4-1967.no. ..... the income-tax officer further applied the proviso to section 13 of the income-tax act, 1961. ..... in fact it is contended that the assessee in respect of whom a finding or direction has been given has submitted himself to the procedure under the income-tax act and has gone through the whole procedure, whereas in respect of the other assessees they have escaped assessment on account of the negligence or inadvertence or omission on the part of the income-tax officer and are in a more favourable position.15. ..... if there is any inherent defect in the maintenance of such day-to-day stock books by virtue of which they are proved to be worthless, only then should they be rejected altogether. .....

Ramkrishna Ramnath Vs. G. Lakshmi Narasimhan, Income-tax Officer, Cent ...

Court : Mumbai

Reported in : [1970]77ITR456(Bom)

..... . it was, however, contended that even notices under section 34 have not been issued in the present case and the notices that are issued are under section 23(2) of the income-tax act, 1922, or under section 143(2) of the income-tax act, 1961 ..... on 6th of april, 1967, the income-tax officer, central circle iii, nagpur, issued notices dated 6th april, 1967, for each of these seven years to the assessee under section 23(2) of the indian income-tax act, 1922, or section 143(2) of the income-tax act, 1961. ..... it runs : 'notice under section 23(2) of the indian income-tax act, 1922 ------------------------------------------------------- under section 143(2) of the income-tax act, 1961. ..... the income-tax officer further applied the proviso to section 13 of the income-tax act, 1961. ..... . in fact, it is contended that the assessee in respect of whom a finding or direction has been given has submitted himself to the procedure under the income-tax act, and has gone through the whole procedure, whereas in respect of the other assessee they have escaped assessment on account of their negligence or inadvertence or omission on the part of the income-tax officer and are in a more favourable position. 21 ..... if there is any inherent defect in the maintenance of such day-to-day stock books by virtue of which they are proved to be worthless, only then should they be rejected altogether. .....

T.A.I.Pharma Ltd. Vs. Wockhardt Ltd.

Court : Mumbai

..... between the provision of section 34 of the old arbitration act and section 3 of the foreign award (recognition and enforcement) act, 1961. ..... whatsoever which shall arise between the parties hereto out of or in connection with this agreement or as to the construction or application or the respective rights and obligations of the parties hereunder or as to any clause or thing herein contained or any account or a valuation to be made hereunder or as to any other matter in any way relating to these presents shall be referred to arbitration in accordance with the rules of the mill owner association , bombay for the ..... therefore, in this case when the applicant/defendant is contending that the goods delivered were defective and were not in time and as such the discharge of obligation for payment in this case was made wrongfully and was liable to be refunded, the disputes, regarding the same is in my opinion referable and concerning the order of the contracting parties and in that view of the matter i am of the opinion that it should be held that the disputes ..... mentioned hereinbefore.counsel for the respondent contended that the suit was only a suit on the negotiable instruments and his client had accepted the negotiable instruments, namely, the hundies in this case in discharge of the right to get payment and his cause of action was based on the said negotiable instruments and as such the arbitration clauses did not cover or did not contemplate any dispute in respect of ..... income-tax, .....

The New India Assurance Co. Ltd. Vs. Hussain Babulal Shaikh and Others

Court : Mumbai

..... that it has satisfied the award of the tribunal by depositing a cheque of an amount of rs.3,23,502/- towards the principal amount, after adjusting no fault liability amount already paid and rs.1,26,918/- towards the interest part, after deducting of tax at source (tds) as per the provisions of section 194a(3)(ix) of the income tax act,1961. ..... for the petitioner submits that the action of the petitioner in depositing the tds amount was legal and valid in view of the provisions of sections 194a(3)(ix), 145a and 56(2)(viii) of the income tax act,1961. ..... of the above provision would indicate that when any person not being an individual or hindu undivided family who becomes responsible for paying to a resident any income by way of interest other than income by way of interest on securities, 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 issue of a cheque or draft or by any other mode, whichever is earlier, deduct income tax thereon at the rates in force. ..... said provision reads thus: section 194a (1) any person, not being an individual or a hindu undivided family, who is responsible for paying to a resident any income by way of interest other than income by way of interest on securities, 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 issue of a cheque or draft or by any other mode, whichever is earlier, deduct income tax thereon at the rates .....

Parmanand Builders Pvt. Ltd. and Another Vs. Commissioner of Income-Ta ...

Court : Mumbai

..... in the assessee s appeal, for the assessment years 1985 86 and 1988 89 the commissioner of income tax (appeals) ( cit(a) ) accepted the assessee s contention that the amount disclosed should be assessed on the project completion method, but for the assessment years 1986 87 and 1987 88 he did not agree with either the project completion method for assessment or the quantum of on money offered for taxation. ..... the assessee thereafter filed a miscellaneous application under section 254 of the act pointing out that there was an excess addition on account of on money . ..... when an appeal from an assessment is brought before the tribunal under section 254(1) of the act, all questions arising therefrom, including questions which are incidental or consequential to such assessment, are open to be agitated before the tribunal. ..... though these statements were subsequently retracted by the concerned employees, in the course of proceedings under section 132 (5) of the act, the assessee itself came forward with a disclosure of rs.66 lakhs 'on-money', which was offered for taxation in the two assessment years, namely, 1987 88 and 1988 89, at rs.26 lakhs and rs.40 lakhs, respectively. .....

Colgate-Palmolive (India) Ltd. and Another Vs. State of Maharashtra an ...

Court : Mumbai Aurangabad

..... respondent no.2 in exercise of powers under section 29 of the standards of weights and measures act, 1976 (hereinafter referred to as 'standards act') and under section 31 of the standards of weights and measures (enforcement) act, 1985, (hereinafter referred to as 'enforcement act'), seized the materials referring to the rules 24, 25 and 26 of the standards of weights and measures (packaged commodities) rules, 1977 (packaged commodities rules, 1977. ..... it has also brought to the notice of the respondents that, since the commodities are likely to undergo significant variations in net contents of the packages on account of the environmental and other conditions, the relevant provisions of the act and rules allowed the declaration of quantity in relation to the commodities sold by weight or volume to be clarified by words when packed . ..... the learned counsel submits that, the package commodity rules prohibits declaration of quantity of a packaged commodity to be qualified by the words when packed where the commodity in package is not likely to undergo any variation in weight or measure on account of environmental conditions and that quantity declared on the package shall correspond to the net quantity to be received by the consumer. ..... income tax officer, ernakulam and others reported in air 1981 supreme court 1922. 3. .....

Sabina Fernandes and Others Vs. The Chief Secretary, Secretariat, Stat ...

Court : Mumbai Goa

..... pointed out that they have also taken up investigation under foreign exchange management act, 1999 and the letters are sent to the reserve bank of india, roc, sebi and the commissioner of income tax informing about the crime and requested them to take necessary action. ..... the investors are the persons who have kept their savings in fixed deposits and on account of criminal activities of the accused, they are sought to be deprived of ..... sought to register the petitioners' complaints dated 16.04.2016, 15.04.2016, 18.04.2016, and 28.04.2016 as firs in terms of section 154 of the criminal procedure code. 5. ..... contended that looking into the case papers produced under section 173 of the criminal procedure code, it gives a feeling that the entire investigation system contemplated in part xii of the criminal procedure code has been given a go by and that the investigation appears to be faulty which would cause irretrievable damage to the petitioners and other investors. ..... refused to register such complaint on the premise that an fir no.51/2016 has already been registered and that a scam involved funds of magnitude of above rupees 50 crores and they could not register the petitioner no.1's complaint as an fir as it would overburden the staff of the economic offence cell though they recorded the statements under section 161 of the criminal procedure code. ..... 109/2016 under sections 406, 420, 421, 423, 120b of indian penal code is registered at the economic offence cell upon the complaint filed .....

United India Insurance Company Ltd. and Another Vs. Sobha Amarsingh Ra ...

Court : Mumbai

..... (supra), held that, as injured was 25 years of age, a self-employed person and having steady income, as per income tax return, addition of 50% of the income, which he was earning, at the time of accident, was justified towards future prospects. 95. ..... (supra), the two-judges bench of the hon ble apex court was dealing with a situation wherein parents alone were the claimants on account of death of unmarried son, in the later decision, the cases of susamma thomas (supra) and trilok chandra (supra) were neither referred, nor discussed and in the former decision, though these cases were referred, there is no discussion as to why the view taken in these two cases should be distinguished. 80. ..... it is submitted that, as the compensation amount is paid to the legal heirs of the deceased on account of their dependency on the income of the deceased, the multiplier should always be fixed having regard to the age of the claimants and not the age of the deceased; when the claimants are the parents of the deceased and the deceased is a bachelor. ..... as a matter of fact, the decision in sarla verma (supra), which is followed in other decisions, mainly deal with the issue, 'as to whether 'second schedule' given in the act, which is meant for deciding claims filed under section 163-a of the act, should be followed scrupulously? .....

Sneh Kohli Vs. The Universal English Trust, through the Managing Trust ...

Court : Mumbai

..... court referred the following issue for consideration of a larger bench:- would it be open to the school tribunal to hold that an employee would be deemed to be on probation within the meaning of section 5(2) of the maharashtra employees of private schools (conditions of service) regulation act, 1977 on the ground that the appointment was made in a clear and permanent vacancy, notwithstanding the fact that the letter of appointment specifically stipulated that the appointment has been made in a temporary capacity ? 12. ..... inclined to accept the submission of the learned senior counsel for the petitioner that the learned single judge of this court in the aforesaid two judgments having interpreted the judgment of the supreme court and the judgment of the full bench, the view of the learned single judge would be binding on the learned single judge though the view of the learned single judge is contrary to the view taken by ..... to enable the hon'ble chief justice to constitute a larger bench in resolving the issue whether it would be open to the school tribunal to hold that an employee would be deemed to be on probation within the meaning of section 5(2) of the meps act on the ground that the appointment was made in a clear and permanent vacancy, notwithstanding the fact the letter of appointment specifically stipulated that the appointment has been made in a temporary capacity. 65. ..... said judgment, supreme court adverted to its judgment in the case of the commissioner of income tax vs. .....

M/s. Group M. Media India Pvt. Ltd. Vs. The Union of India and Others

Court : Mumbai

..... this petition under article 226 of the constitution of india challenges the inaction / failure on the part of the assessing officer in processing the return of income under section 143(1) of the income tax act, 1961 (the act) and granting refund consequent thereto in accordance with section 143 (1d) of the act. ..... (f) thereafter, on 12th august, 2016, the petitioner made a further representation to the assessing officer as well as to the principal commissioner of income tax, city-12, inter alia seeking the processing of its return in terms of section 143(1) of the act and consequent refund in respect of its return filed for a.y. ..... similarly, as late as in 2014 in the citizen's charter issued by the income tax department in its vision statement states that the department aspires to issue refunds along with interest under section 143(1) of the act within 6 months from date of electronically filing the returns. ..... in the affidavit-in-reply, it is pointed out that the reason for not processing the petitioner's return of income under section 143(1) of the act and considering the refund due consequent thereto under section 143(1d) of the act was cbdt instruction no.1 of 2015 dated 13th january, 2015. ..... (c) on 27th april, 2016, the petitioner requested the assessing officer to process its return of income for the subject assessment year in terms of section 143(1) of the act and grant the consequent refund due. .....