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The Commissioner of Income-tax, Bombay Vs. Daimler Benz A.G.

Court : Mumbai

Reported in : AIR1978Bom307; 1978TAXLR924

..... where a person is sought to be deemed 'an assessee in default' under section 18 (7) on the ground that he did not deduct tax from the salary paid to a eon-resident employee under section 18 (3a), and is directed to pay income-tax and super-tax in the case of that employee, that person is charged with tax under the act and if he denies his liability to be charged with such tax, he is entitled to appeal under section 30 (1) of the act, even so a specific provision in the 1961 act has been made in section 246(1) providing for an appeal against an order made ..... in this behalf he referred us to certain observations of the supreme court in purshottamdas thakurdas's case : air1963sc1066 and the relevant observations which appear at page 211 of the report air sc 1069 run thus:'the section attempts to reconcile the principle of advance payment of tax with the scheme of the act which is to tax the income of the previous year. ..... for under the concerned enactment, there would be no right of appeal available to a litigant; he pointed out that the entire concept of advance payment of tax as provided for by section 18a, which was introduced in the 1922 act by act 11 of 1944, deals with the process of early collection of tax the basis being the principle of 'pay as you earn', that is, paying tax by instalment in respect of income of the very year in which the tax is paid: in other words, under the scheme of section 18a no process of assessment is involved. .....

Phaltan Sugar Works Ltd. Vs. Commissioner of Income-tax, Phaltan State ...

Court : Mumbai

Reported in : [1949]17ITR499(Bom)

..... purposes of the income-tax act, as all those categories of income mentioned in section 4, sub-clause (3), are assessable income in the eye of the income-tax law, they cannot ..... is that although there may be a liability on the company today tax under 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 that ..... on the september 17, 1942, an order was issued by the income-tax officer pointing 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 the tax to him. ..... personal not resident in british india any interest not being 'interest on securities', or any other sum chargeable under the provision 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 to .....

Commissioner of Income-tax, Bombay City-i Vs. Daimler Benz A.G.

Court : Mumbai

Reported in : [1977]108ITR961(Bom)

..... , where a person is sought to be deemed an assessee in default under section 18(7) on the ground that he did not deduct tax from the salary paid to a non-resident employee under section 18(3a), and is directed to pay income-tax and super-tax in the case of that employee, that person is charged with tax under the act and if he denies his liability to be charged with such tax, he is entitled to appeal under section 30(1) of the act, even so a specific provision in the 1961 act has been made in section 246(1) providing for an appeal against an order made ..... it is true that the scheme of section 18a of the act has for its basis the principle of 'pay as you earn' and in a sense the section deals with the machinery which facilitates the process of early collection of tax but at the same time it cannot be disputed that when an income-tax officer resorts to section 18a(1), he implicitly decides that the assessee is one who is under legal liability to pay advance tax. ..... he pointed out that the entire concept of advance payment of tax as provided for by section 18a, which was introduced in the 1922 act by act 11 of 1944, deals with the process of early collection of tax, the basis being the principle of 'pay as you earn', that is, paying tax by instalments in respect of income of the very year in which the tax is paid; in other words, under the scheme of section 18a no process of assessment is involved. .....

Godavari Sugar Mills Ltd. Vs. State of Maharashtra

Court : Mumbai

Reported in : 2004(1)MhLj761

..... the expenditure by way of perquisite to the general manager has been incurred for earning income under both the acts and the expenditure allowable for earning the income under the income tax act, 1961 has been determined, then the balance amount which is not allowed under the income tax act will have to be allowed under section 8(9) of the agricultural income tax act. ..... the assessment in relation to agricultural income in any previous year is done in the assessment year, it was submitted that the words '8 years from the end of that year' used in section 41 of the agricultural income tax act, means from the end of the assessment year and not from the end of the previous year ..... the agricultural income tax paid or payable by the assessee is an expenditure laid out wholly and exclusively for the purpose of deriving agricultural income and is, therefore, entitled for deduction under section 8(9) of the agricultural income tax act. ..... therefore, what is contemplated under section 41 of an agricultural income tax act is that, in the case of an assessee covered under section 9 of the agricultural income tax act, if it is discovered by the assessing officer at any time within 8 years from the end of the assessment year that agricultural income tax payable by that assessee has escaped assessment, then he can issue notice calling upon the assessee to file return for the purpose of ..... observed by the tribunal concept of capital loss is foreign to the scheme of the agricultural income tax act. .....

Syndicate Bank and Another Vs. the Official Liquidator and Others

Court : Mumbai

Reported in : 1999(2)BomCR618; [1999]98CompCas487(Bom)

..... is in that context, considering the provision of section 178 of the income tax act, the apex court held, if an order was passed under section 178, bearing in mind that the amendment was brought by the income tax act, 1961 and considering the equality amongst the creditors as set out in section 530(5) the order under section 178 for income tax dues would have preference over other unsecured creditors set out in section 530(1). ..... from the judgment of imperial chit fund (supra) the question posed by the apex court was whether the claim of tax would have precedence over the claim of the other creditors under section 530 in view of the provisions of sub-section (5) of section 530 of the companies act. ..... /-will be available subject to other deductions.on behalf of the applicant it is contented that they are secured creditors in respect of the proceeds arising from sale of bhandup property and as such the amount which the official liquidator purports to pay towards income tax and sales tax demand cannot have preference over the claims of secured creditors.4. ..... 552/ - together with interest thereon at the rate of 19.13% per annum from 27th november, 1997 till payment and/or realisation. ..... , it is contended that the state has no preferential claim over the rights of secured creditors even under the general law and consequently the state would have no right of preference over the proceeds from sale of the bhandup property. ..... these applications arise from the order of winding up of wester works .....

A.H. Wadia Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (1949)51BOMLR287

..... section 2 runs thus :2, (i) where a trade or business of any kind is carried on by or on behalf of the government of any part of his majesty's dominions, exclusive of british india, that government shall, in respect of the trade or business and of all operations connected therewith, all property occupied in british india and all goods owned in british india for the purposes thereof, and all income arising in connection therewith, be liable(a) to taxation under the indian income-tax act, 1922, in the same manner and to the ..... ., ltd, it is true that the money was advanced at gwalior and the interest payable on it was also received at that place, but nevertheless it would come within the purview of the clause added to section 42(1) of the income-tax act by the amendment of 1939 which makes a company liable to be taxed for income accruing or arising 'from any money lent at interest and brought into british india in cash or in kind.'95 ..... . it is well known that the scheme of the english income-tax statutes is essentially different from that of the indian income-tax law, and unless we are bound to conform to the pattern created by legislative practice in england, there can be no difficulty in holding that the territorial nexus, which is the essential ingredient in an income-tax, can be founded on facts other than those upon which the english legislation on the subject is based .....

Srikant G. Shah Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)108ITD577(Mum.)

..... the returns subsequently, re-assessment proceedings were taken under section 34 of the indian income tax act, 1922 {analogous to section 147 of the income tax act, 1961, on the ground that interest income had escaped assessment the relevant lacts of this ..... section 147 of the act, the income tax officer may bring to charge items of income, which had escaped assessment other than or in addition to that item or items, which have led to the issuance of the notice under section 148 and where reassessment is made under section 147 in respect of income, which has escaped tax, the income-tax officer's jurisdiction is confined to only such income, which has escaped tax ..... from the lottery of the government of sikkim could have been charged to tax only in accordance with the then existing income tax laws in the state of sikkim and could not be charged to lax under the income tax act, 1961 ..... assessee to furnish the details in our view, under section 147 and in the light of the legal position as discussed above, the assessing ..... income, which accrued on the account of the clients was not assessable in his hands but nevertheless such income was offered for tax conditionally with the following remarks: however, to buy peace of mind and to avoid litigation, i am offering this as income for the above mentioned assessment years with clear understanding that no penalty proceedings under section 271(1)(c) of income tax act, 1961 will be initiated and / or levied and no prosecution under income tax act, 1961 .....

Cadell Weaving Mill Co. Pvt. Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... after quoting section 10(3) of the income-tax act, 1961, their lordships held at page 805, the following : "in the substantive clause, an income which was casual and nonrecurring in nature was excluded from being charged as income of the ..... [1995] 211 itr 500, dissented from the decision in gulab chand's case [1991] 192 itr 495 (all) and the following is what is stated as per the headnote of the said decision : "section 10 of the income-tax act, 1961, lays down certain categories of income which will not be included in the total income of a person. ..... held that there was no doubt that the assessee had received the money, and every receipt including a non-recurring receipt can also in fact be taxed under the scheme of the income-tax act. ..... recurring receipts can also be income taxed under the scheme of the act. ..... the heads of income enumerated under section 14, income-tax act, are exhaustive and mutually exclusive to each other ..... he held that under the scheme of the income-tax act, whichever receipt falls within the ordinary and natural meaning of the word "income" should also be taken as income and in support of this proposition, he relied upon a privy council decision in cit ..... given the scheme of the act, the word income signifies all that it can encompass within its natural meaning and also the artificial categories specified in clause (24) of section 2." ..... the scheme of the act is such given its ordinary and natural meaning, the word 'income' will take in any monetary return coming in (cit .....

Shri NitIn Murli Raheja Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)105ITD414(Mum.)

..... the appeal filed by the assessee is directed against the order of the learned commissioner of income-tax (appeals) on the following ground: the cit(a) has erred in confirming the levy of interest under section 234a of the income-tax act, 1961 from july 2000 to november 2000 of rs. ..... " income-tax can be paid, in advance of the anticipated liability, before submission of return of income in three ways, namely, by way of "advance tax" before the expiry of the financial year concerned under section 211 of the income-tax act; by way of deduction of tax at source under chapter xvii-b of the income-tax act; and by way of payment of tax after the expiry of the concerned financial year but before the submission of the return of income. ..... we have heard both the parties and considered their submissions.section 234a of the income-tax act mandates the assessing officer to charge interest under section 234a "on the amount of the tax on the total income as determined under sub-section (1) of section 143 or on regular assessment as reduced by the advance tax, if any, paid and any tax deducted or collected at source. ..... section 211 of the said act provides for the instalments of advance tax and due dates by which they should be paid.proviso to section 211 of the income-tax act treats any amount paid by way of advance tax on or before 31^st daymarch as advance tax paid during the financial year ending on that date for all the purposes of the income-tax act. .....

Co-op. Banks and Societies Employees' Federation, Maharashtra and othe ...

Court : Mumbai

Reported in : 1988(1)BomCR386; (1988)IILLJ484Bom

..... second item on which deduction is permitted by the tribunal relates to depreciation under section 6(a) which lays down that any amount by way of depreciation admissible in accordance with the provisions of sub-section (1) of section 32 of the income tax act, could be deducted from the gross profit as prior charge. ..... when the income tax act in terms declares that no income tax is chargeable in view of section 80-p of the income tax act, then in our view section 6(c) is not applicable to such a case. ..... co-operative bank employees' union and others : (1984)illj207bom , wherein it was held that if under section 80-p of the income tax act a banking company is not liable to income tax upon its profits and gains of business, then a bank is not liable to pay income tax and cannot claim a deduction therefor. ..... it is an admitted position that the society is not liable to pay any income tax in view of section 80-p of the income tax act, which allows deductions in respect of the income of the co-operative societies. ..... therefore if the provisions of sections 6 and 2(12) of the bonus act are read with section 80-p of the income tax act, it can safely be held that the respondent-society had no liability to pay income-tax. ..... by section 2(12) of the bonus act, term 'direct tax' is defined to mean any tax chargeable under the income tax act and other laws. .....