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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. ..... for all purposes of income-tax including the collection of tax under payee scheme and the oceanic had sufficient tax persons in u.k. ..... 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 project office on survey by the assistant commissioner, as extracted above, we find that when the government of india came out with the scheme for foreign company to pay the short deduction amount from salary paid to its expatriate employees including that paid in foreign country to avoid penalty and prosecution, various japanese companies having their business interest in india such as, mitsubishi, sumitomo, itochen, marubeni, nissho corporation, mitsui, .....

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. ..... cit : [1947]15itr319(bom) , that, in arriving at the annual value of property, being the sum for which the property might reasonably be expected to let from year to year, for the purposes of income-tax, local or municipal taxes cannot be deducted.5. mr. ..... the income-tax officer computed the income from this self-occupied house property at rs. ..... 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. ..... authority in respect of the property shall, to the extent such taxes are borne by the owner, be deducted in determining the annual value of the property :provided further that in the case of a building comprising one or more residential units the erection of which is begun and completed after the 1st day of april, 1961, the annual value as determined under this sub-section shall, for a period of three years from the date of completion of the building, be reduced by a sum .....

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. ..... learned counsel 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. ..... 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. ..... 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. .....

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. ..... learned counsel 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. ..... 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. ..... 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 .....

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. ..... - (1) no notice shall be issued under section 148 after the expiry of eight years from the end of the relevant assessment year, unless the board is satisfied on the reasons recorded by the income-tax officer that it is a fit case for the issue of such notice. ..... the high court accenting this contention queshed all the six notices served on the petitioner and by issuing a writ of prohibition restrained the appellants, the union of india, the central board of direct taxes, new delhi, and the income-tax officer, special investigation circle a, new delhi, from taking any action upon these notices. ..... the approval regarding the transfer of work relating to sanction under section 151(1) of income-tax act from the chairman to the member central board of direct taxes was accordingly referred to by me to the secretary, ministry of finance (department of revenue & expenditure) on 9-6-1964.5. .....

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

Court : Uttaranchal

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

..... this policy is discernible from the scheme of sections 14, 15, 16 and 17 of the income-tax act. ..... it was further argued that interest free loan/concessional loan given by the life insurance corporation had no co-relation with salary as defined under section 17 of the income-tax act and further that such interest free loan/concessional loan had no co-relation with the computation of salary income under the scheme of sections 15; 16 and 17 of the income-tax act. ..... hence, interest free loan/concessional loan has a nexus with the scheme of sections 15, 16, and 17 of the income-tax act.issues nos. ..... that 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. ..... 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. .....

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. ..... that, in view of the scheme of the income tax act, the provision for refund of income tax is provided under section 237 of the income tax act and article 25 of the dtaa ..... the regulation put in place by the reserve bank of india (in short rbi ), all foreign exchange remittances from india had to be certified by an auditor, in the prescribed form, and that, the certificate was required to indicate, whether applicable taxes had been deducted at source from such remittances, and since, there was no clarity, as to whether withholding tax was leviable, in respect of the remittances to be made under the settlement agreement, it would revert qua ..... furthermore, mr.krishnan submitted that since, this fact was within the exclusive knowledge of interbulk, the burden of proof fell solely on .....

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 ..... (3) "where any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918 (vii of 1918), is discontinued, then unless there has been a succession by virtue of which the provisions of sub-section (4) have been rendered applicable no tax shall be payable in respect of the income, profits and gains of the period between the end of the previous year and the date of such discontinuance, and the assessee may further claim that ..... this court also pointed out that the position is a little different under the income-tax act where a firm is charged as an assessable entity distinct from its partners who can also be assessed individually. ..... under the act of 1918 tax was assessed, computed and levied on the income of the year of assessment but under the act of 1922 the scheme of assessment of income and tax was modified. ..... it will, however, be noticed that the two sub- sections were mutually exclusive. .....

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

Court : Guwahati

..... 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. ..... after, 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. ..... these sections, super-tax was levied and quantified separately from the income-tax. ..... the two incidents of income-tax--crown's share and income-tax should not be deducted from the income of the assessee--are entrenched as historical attributes rather than as attributes of a fiscal ..... scheme of taxation was held to be different from the income-tax act. ..... we have earlier shown surtax is different from income-tax in all attributes and perspectives. ..... scheme of deductions as found in section 10(2)(xv) after the amendment by the 1939 act of the repealed 1922 act was adopted in the 1961 act. ..... in that act, no distinction was drawn of sources like profession, business or income acquired from salary or other ..... ), reviewed the cases and held that taxes paid perforce under the statutes are to be deducted from the profit and loss account of the assessees ..... in the early sixties, the country was facing from the creditors, in particular, the international monetary fund, pressure to devalue .....

Verizon Communications Singapore Pte Ltd. Vs. Income Tax Officer of In ...

Court : Chennai

..... . ".at the time the income-tax act was enacted in the year 1961, as also at the time when explanation 2 to section 9(1)(vii) was introduced by the finance (no.2) act, with effect from april 1, 1977, the products of technology had not been in such wide use as they ..... fiscal treaties, since the same would have to be translated into an act of parliament, a special procedure is evolved by enacting section 90 of the income tax act enabling the central government to enter into agreements with the government of any country outside india for granting relief in respect of income on which both income tax under the act and income tax in that country under the corresponding act in that country had been paid.23 ..... the purposes of its business and for the use of the equipment paid the consideration for the end to end service, what data goes over the bandwidth reserved for the customer is exclusively in the control of the indian customer and not the assessee and the assessee cannot see the data that is passing through the network dedicated for the use of the indian customer ..... scheme of section 5 of the income tax act is that all income received by a resident in india, irrespective of all income deemed to be received in india, irrespective of whether it accrued or arise within india; all income accruing or arising to him in india during the previous year and all income accruing or arising to him outside india during the previous year are assessable in india as per the provisions of the income tax .....