Court : Mumbai
Reported in : [1963]48ITR404(Bom)
..... the provision relating to appeals from the order of the income-tax officer is contained in section 30 of the income-tax act. ..... the true character of penalty imposed under the income-tax acts of india and hyderabad and that the expression 'assessment' in its comprehensive connotation meant the entire procedure for the declaration and imposition of tax liability and the machinery for the enforcement thereof and hence the saving clause in section 13(1) of the finance act saved also the proceeding for imposing penalty which was initiated under section 40 of the hyderabad income-tax act prior to its repeal by the finance ..... the absence of a specific provision giving a right of appeal against an order imposing penal interest under section 18a(6) or 18a(8) in the scheme and context of the other provisions of section 30 would clearly indicate that no right of appeal was intended to be given against such order, and such right of appeal is not capable of being incorporated in the provisions of section 30 by pointing out that the expression 'liability to be assessed under the act' used in the said section is capable of including the liability to pay a penalty. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1960Bom353; [1960]40ITR624(Bom)
..... the scheme of section 49ee is to prohibit the initiation or prosecution of proceedings against the government of india to recover sums of money paid or securities furnished by taxpayers in pursuance of any settlement relating to assessment or reassessment made before january 17, 1959, under the indian income-tax act or otherwise pending the completion of assessment or reassessment in any case where a notice under section 34 of the income-tax act has been issued before january 17, 1959, and to permit retention of the money or security for a period of two years from january 17, 1959 ..... that article 31 protected the right to property by defining the limitations on the power of the state to take away private property without the consent of the owner and that clauses (1) and (2) or article 31 were not mutually exclusive in scope and content, but should be read together and understood as dealing with the same subject, namely, the protection of the right to property by means of limitations on the state's power, the deprivation contemplated in clause (1) being ..... . it is apparent that but for this rule relating to exclusion of time the provisions of sub-sections (1) and (2) would indubitably have become unconstitutional for if no such rule was enacted that would have transparently been a case of unreasonable and arbitrary discrimination against a class of assessees who had entered into any such ..... . no test exclusive or inclusive is possible and no infallible criterion has been laid down .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)165CTR(Bom)67; [2000]245ITR823(Bom)
..... officer was of the view that the above expense was in the nature of a constructive receipt in the hands of the foreign company and, therefore, the same was liable to tax under section 9(1)(vii) read with section 115a and section 44d of the income-tax act, 1961. ..... by the decision of the tribunal, the department has come in appeal under section 260a of the income-tax act.2. ..... for this reason that in the aforestated judgment, the supreme court has laid down that section 195(1) contemplated tentative deduction of income-tax subject to regular assessment and by the deduction of income-tax the rights of the parties were not, in any manner, adversely affected. ..... contended that what is taxable under the income-tax act is pure income or profits and not the gross sum. ..... on behalf of the assessee in that matter that when payments made to the non-resident, were not entirely income, but a trading receipt then there was no question of deduction of income-tax at source as the said section did not provide for it. ..... moreover, the said provision under section 195 is only for tentative deduction of income-tax subject to regular assessment and the rights of the parties are not in any ..... that the scheme of section 195 clearly indicates that the expression 'any other sum chargeable under the provisions of the income-tax act' would mean a sum on which income-tax is leviable. ..... matter, we are only concerned with the expenses incurred by the assessee for purchase of tickets from air india and for local expenses. .....
Tag this Judgment!Court : Mumbai
Reported in : (1955)57BOMLR425; [1955]27ITR684(Bom)
..... 22,590 from the liquidator in the year of account, and the taxing department held that the dividend was covered by the definition of 'dividend' in section 2 (6a) (c) of the income-tax act and therefore liable to tax, and it is in respect of this distribution of the assets of the company in liquidation that three questions have been submitted to us by the ..... the whole of that previous year the company did not to business and its business was discontinued, but as we said before, although the income-tax act might lay down the machinery and provide the procedure for assessing the income of the company during this broken period, it does not follow that for the purpose of the income-tax act this broken period becomes the previous year for the purpose of the proviso to section 2 (6a) (c). ..... was after this decision that the legislature incorporated sub-clause (c) in section 2 (6a) of the income-tax act and the reason was obvious. ..... undoubtedly, the company is liable to pay tax on the profits made by it during this broken period, but the income-tax act provides a special machinery for taxing an assessee whose business is discontinued during ..... bearing this scheme of section 2 (6a) in mind, the first question that arises on this reference is : which are the six previous years of the company preceding the date of the liquidation for the purpose of the proviso to section 2 ..... we look at the question perhaps it will be better to consider generally the scheme of section 2 (6a) which defines 'dividend'. .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR11
..... scheme of section 49ee is to prohibit the initiation or prosecution of proceedings against the government of india to recover same of money paid or securities furnished by tax payers in pursuance of any settlement relating to assessment or re-assessment made before 17th january 1959 under the indian income-tax act or otherwise pending the completion of assessment or re-assessment in any case where a notice under section 34 of the income-tax act has been issued before the 17th january 1959 if no notice has been issued under section ..... lloyds bank indian staff association (calcutta branches), delivered by the chief justice harries wherein it was observed that a mandamus could not issue against the government of india restraining it from giving effect to an award because article 226 of the constitution expressly allowed writs in the nature of prerogative writs to issue against government located in the territory over which the court ..... it is apparent that but for this rule relating to exclusion of time the provisions of sub-section (1) and (2) would indubitably have become unconstitutional for if no such rule was enacted that would have transparently been a case of unreasonable and arbitrary discrimination against a class of assessees ..... 31 were not mutually exclusive in scope & content, but should be read together and understood as dealing with the same subject, namely, the protection of the right to property by means of limitations on the state's power, the deprivation contemplated .....
Tag this Judgment!Court : Mumbai
Reported in : (1988)70CTR(Bom)53; [1988]173ITR164(Bom)
..... since each of the employees had rendered services of a technical nature for a period of less than 90 days, the petitioner reasonably believed that their salaries were exempt from income-tax under section 10(6)(vi) and section 10(6)(viii) of the income-tax act, 1961, for the assessment year 1979-80. ..... 4), under section 221(1) read with section 201(1) of the income-tax act, 1961, calling upon the petitioner to show cause why a penalty should not be levied under section 221(1). ..... the notices, therefore, are contrary to the provisions of section 226(3) of the income-tax act, 1961. ..... thereupon, a notice of demand was issued on december 11, 1963, under section 156 of the new income-tax act, 1961. ..... 11, 1985 and september 13, 1985, under section 226(3) of the income-tax act, 1961. ..... even under section 201 of the income-tax act, on which reliance has been placed by the respondents, an order is ..... even under section 201 of the income-tax act, an order must be passed against the ..... under section 226(3) of the income-tax act, along with his letter of the same ..... secondly, sub-section (3) of section 226 permits garnishee proceeding to be taken for recovery only of 'arrears' and no tax can be said to be in arrears until the expiry of the period for payment of tax specified in the notice of demand, and, thirdly, the concept of recovery by any mode whatever before the expiry of the time allowed for payment of tax is foreign to the whole scheme of recovery both under the act of 1961 and the act of 1922. ... .....
Tag this Judgment!Court : Mumbai
Reported in : [1993]201ITR293(Bom)
..... was required to consider whether capital gains arising from the sale of land in question would be exempt from capital assets under section 2(14) of the income-tax act, 1961. ..... arising from the sale of such land will, therefore, not be excluded under section 2(14) of the income-tax act, 1961.19. ..... ahmedabad and stated that the amount was not taxable because the land was agricultural land and therefore any gains made on the sale of the land were not taxable to capital gains tax in view of the definition of 'capital asset' as given in section 2, sub-section (14), of the income-tax act, 1961. ..... earned on the sale of it were liable to tax under section 45 of the income-tax act, 1961.16. ..... a reference under section 256(1) of the income-tax act, 1961. ..... are these facts sufficient to establish that the land is agricultural land under section 2, sub-section (14), of the income-tax act, as in force at the relevant time, capital asset does not include agricultural ..... the circular is to the effect that land in a town planning scheme may be treated as agricultural land provided the following conditions are satisfied :(i) land revenue/agricultural cess is paid; (ii) agricultural operations have been carried on from year to year; and (iii) it has not been put to non- ..... from march, 1945, the town planning scheme has been extended to ..... from march 15, 1945, the elis bridge town planning scheme was extended to ..... under the town planning scheme, roads have been developed for the purpose of giving access to these plots .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]266ITR269(Bom); 2004(1)MhLj297
..... this reference has come before the court at the instance of the assessee under section 256(1) of the income tax act, 1961. ..... commissioner of income-tax reported in : [1993]202itr375(bom) , the bombay high court took the view that the power of ito was to make assessment under section 143 or section 144 of the income tax act and that interest under section 214 was the part of assessment and the said interest was deemed to be tax for the purposes of the act including section 246(1)(c) ..... 4,87,236/- which they had paid on demand on 7-3-1986 under section 244(1a) of the income tax act which was not granted by the ao while working out the order passed by the appellate ..... 234/- paid by way of advance tax under section 214 of the income tax act. ..... ) , the assessee had filed an appeal before the appellate authority on several grounds and one of the grounds taken was that the ao ought to have paid interest to the assessee on the amount of refund under section 214 of the income tax act. ..... however, that judgment has no application because it was concerning assessment year 1970-71 whereas, we are, in the present appeal, concerned with assessment year 1985-86 and from 1-4-1985 there is an amendment to section 214(1a)come tax act, 1961 which was not before the division bench in the case of caltex oil refining (india) ltd. ..... this is very clear also from page 5 of the paper-book which refers to order of assessing officer dated 18-2-1987 giving effect to the order passed by the appellate authority dated 31-12- .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(1)BomCR20
..... 6th of august 1972, the union of india issued an order under rule 22 of 2nd schedule to the income tax act attaching the suit flat and other assets of the deceased meenakumari. ..... , west bengal's case, the supreme court had an occasion to consider the question as to what is meant by jurisdiction after making a reference to calcutta full bench decision, in para 15 this is what the supreme court has observed :'from the above discussion it is clear that before a court can be held to have jurisdiction to decide particular matter it must not only have jurisdiction to try the suit brought but must also have the authority to pass ..... appears from the record that even prior to the alleged licence created in favour of the plaintiffs on 16th of october, 1972, the suit property was attached by the income tax department for the recovery of tax due. ..... main complaint of the advocate general is that inspite of these judgments of the high courts and the mandatory provisions of section 9-a, of the code of civil procedure, the trial court has passed the impugned order without following these mandatory provisions.5. ..... in my opinion the objection based on section 80 of the code may not be termed as jurisdictional issue which will debar the court from entertaining the suit itself, though in a given case the absence of notice might result in dismissal of a ..... 'from the bare reading of section 9-a, it is clear that the provisions are mandatory and imperative and the decision of the issue cannot be postponed or .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR725
..... purposes of the income-tax act, as all those categories of income mentioned in section 4, sub-clause (3), are not assessable income in the eye of the income-tax law, they ..... an order was issued by the income-tax officer pointing out to the manager of the company that he had committed default under section 18(3a) and section 18(3c) in respect of 69 shareholders who were non-resident shareholders inasmuch as he had failed to deduct income-tax and super-tax from the dividends payable to these non-resident shareholders, and he thereupon passed an order under section 18(7) of the act and issued a demand notice under section 29 of the act calling upon the company to pay ..... although there may be a liability on the company to pay tax under the income-tax act, the phaltan state agrees not to recover that tax from the assessee company for a period of ten years or, to put it in a different language, the company and the state agree that the company will not be liable to pay any tax for a period of ten years from the commencement of the company; and it is important to note ..... not resident in british india any interest not being 'interest on securities', or any other sum chargeable under the provisions of this act to deduct income-tax at the maximum rate; and section 18(3c) deals with the case of super-tax and casts a similar obligation to deduct super-tax; and section 18(3d) deals with the specific case of a shareholder who is resident out of british india and casts an obligation upon the company .....
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