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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)

..... 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. ..... noticees 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. ..... therefore, in order to activate this section and the action thereunder, a finding would have to be recorded to the effect that in spite of the efforts to recover the tax arrears the said tax arrears could not be recovered from the assessee-company. ..... a detailed enquiry has to be made and a definite finding has to be given to the effect that the tax arrears cannot be recovered from the company. ..... the second part of the section comes into effect only thereafter. ..... he points out that the learned judge has not considered the main argument to the effect that for activating section 179 and for holding the directors jointly and severally liable for the payment of the tax arrears against a private limited company, it must first be found that the tax cannot be recovered from the said company. .....

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. ..... 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 ..... singh's proposal for a change in the allocation of work was at all approved by the government or that in the absence of a formal order to that effect the approval was of no consequence. ..... dehejia, the then secretary to the government of india, ministry of finance (department of revenue & expenditure) approved the said proposal to which effect a note was made by me on 18-6-1964.7. .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... 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. ..... noticees 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. ..... therefore, in order to activate this section and the action thereunder, a finding would have to be recorded to the effect that in spite of the efforts to recover the tax arrears the said tax arrears could not be recovered from the assessee-company. ..... a detailed enquiry has to be made and a definite finding has to be given to the effect that the tax arrears cannot be recovered from the company. ..... the second part of the section comes into effect only thereafter. ..... he points out that the learned judge has not considered the main argument to the effect that for activating section 179 and for holding the directors jointly and severally liable for the payment of the tax arrears against a private limited company, it must first be found that the tax cannot be recovered from the said company. .....

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. ..... in the counter affidavit filed by the 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 ..... by the taxation laws (amendment) act, 1984, parliament amended the income-tax act and taxed interest free loan/concessional loan to employees for the purposes of building a house/motor car under section 17(2)(vi) with effect from april 1, 1985. ..... the impugned rules have been brought into force from april 1, 2001, when clause (vi) of section 17(2) of the income-tax act came into force by the finance act, 2001, with effect from april 1, 2002. ..... 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 ..... the words used therein are to the following effect 'the tax payable on the total income as determined on regular assessment, as reduced by the advance tax, if any, paid, and any tax deducted at source'.14. ..... if there is any undue provision for taxation made and thus there is an inflated figure of liabilities shown by making an excess provision for taxation on the liabilities side, to the extent of the excess that provision is to be disregarded by the operation of sub-clause (e) of clause (ii) of explanation ii and that is sound commonsense. ..... if clause (e) is read in the manner indicated above, the obvious effect of such construction is that the amount referred to in clause (i)(a) which is the amount paid as advance tax, is to be left out for the purpose of determination of the excess contemplated by clause (e). .....

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

Court : Chennai

..... 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. ..... 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. ..... 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 ). ..... in other words, the submission made was that, failure on the part of the learned arbitrator to rule on the effect of the e-mails, amounted to non-consideration of relevant evidence/material, and hence, the impugned awards were violative of the ..... 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 .....

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

Court : Supreme Court of India

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

..... 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 ..... 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 ..... is of some significance to point out that the partners constituting the appellant at the moment of the transfer in 1948 also thought that in 1937 the old firm ceased to exist and its business was carried on thereafter by two independent firms, for the document of october 30, 1943 has referred to annexures c 1 and c 11 ..... 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 ..... that the business of the firm would be transferred to the company with effect from november 13, 1947, the transfer to be completed on february 13, .....

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

Court : Guwahati

..... 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. ..... 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. ..... 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 ..... income-tax act, 1961, before any amount is deducted under section 37, it is to be seen whether such an amount is prohibited under section 40(a)(ii) of the act. ..... the word 'income' is defined in clause (24) of section 2 of the income-tax act, 1961, to include profits ..... how the gujarat high court reasoned out for not deducting surtax under section 37 of the income-tax act, 1961. 13. ..... learned standing counsel for the revenue at first argued that in act vii of 1964 or in the income-tax act, 1961, there is no provision to deduct surtax and, therefore, surtax cannot ..... , the second or latter case was decided, under the wealth-tax (amendment) act, 1972, with retrospective effect from april 1, 1962, parliament declared that wealth-tax is prohibited from deduction by adding that sentence in clause (ii)(a) of section 40 of the income-tax act. 20. ..... is taxed does not cease to be tax on income because additional tax is .....