Judgment Search Results Home > Cases Phrase: income tax act 1961 section 115w i payment of fringe benefit tax Page 1 of about 4 results (0.298 seconds)

R and B Falcon (A) Pty Ltd. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : 2008BusLR469(SC); (2008)216CTR(SC)289; [2008]301ITR309(SC); 2008(8)SCALE223; 2008AIRSCW4096

..... interpretation and/or application of the provisions of section 115wb of the income tax act, 1961 (for short, 'the act') providing for imposition of tax on 'fringe benefits' is in question herein.3. ..... it filed an application under section 245q(1) of the income tax act, 1961 before the authority for advance ruling (aar) on the following question:whether transportation cost incurred by the petitioner in providing transportation facility for movement of offshore employees from their residence in home country to the place of work and back is liable to fringe benefit tax?5. ..... fbt is payable on the value of fringe benefits provided or deemed to have been provided to employees based in india and determined on a presumptive basis in accordance with the provisions of section 115wc of the income-tax act. ..... for private journeys of his employees or their family members; andxxx xxx xxx(2) the fringe benefits shall be deemed to have been provided by the employer to his employees, if the employer has, in the course of his business or profession (including any activity whether or not such activity is carried on with the object of deriving income, profits or gains) incurred any expense on, or made any payment for, the following purposes, namely:(a) entertainment;xxx xxx xxx(f) conveyance;xxx xxx ..... section 115w defines 'employer' and 'fringe benefit tax'. .....

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Reported in : (1999)65TTJ(Del)1

..... 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. ..... the relevant sections of the income tax act :192 (1) : any person responsible for paying any income chargeable under the head 'salaries' shall, at the time of payment, deduct income-tax on the amount payable at the average of income-tax computed on the basis of the rates in force for the financial year in which the payment is made, on the estimated income of the assessed under this head for that financial year.201(1) : if any such person and in the cases referred to in section 194, ..... no action has been taken by the revenue for levy of penalty under section 221 and delay in payment of tax has been fully compensated by payment of interest no further action is justified under section 271c of the income tax act, looking to the ratio of the affricated decision of the hon'ble ..... it may be stated that the appellant could have availed of the voluntary disclosure scheme also for foreign employers but the appellant neither availed of the benefit of declaration under the scheme nor did it seek any clarification despite announcement of the scheme, nor did it disclose particulars of salary paid overseas .....

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)

..... 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. ..... essentially that in spite of the efforts made as per the procedure followed in the income-tax act for recovery of the tax arrears when the said tax arrears cannot be recovered then alone the liability can be transferred under section 179(1) of the income-tax act to the directors. ..... 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. ..... was, therefore, prayed that the proposed action under section 179 of the income-tax act should be stayed during the pendency of the appeal ..... therefore, better to remand the matter to the concerned authority who would consider all the aspects and then come to the conclusion regarding the proceeding under section 179(1) of the income-tax act and the resultant action thereof. ..... 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. .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... 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. ..... 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 petition before the learned single judge. ..... suggests essentially that in spite of the efforts made as per the procedure followed in the income tax act for recovery of the tax arrears when the said tax arrears cannot be recovered then alone the liability can be transferred under section 179(1) of the income tax act to the directors. ..... 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. ..... 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. .....

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 ..... 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 ..... , central board of direct taxes gave sanction for the reopening of the assessments under section 147 of the income-tax act, 1961 in the aforesaid case on ..... of the central board of direct taxes that he should take up the work of according sanction of the board under section 151(1) for reopening of assessments under section 147 of the income-tax act, 1961 to which he consented.4. ..... by the high court of delhi arise out of six writ petitions filed by the respondent before us challenging the validity of six notices dated september 7, 1965 issued under section 148 of the income-tax act, 1961 (hereinafter referred to as the act). ..... 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 .....

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

Court : Uttaranchal

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

..... (iii) whether clause (8) of the impugned notification is arbitrary, unreasonable, vague and violative of article 14 and whether by the said notification excessive powers have been given to the income-tax officer to tax any and every benefit/amenity as fringe benefit under section 17(2)(vi) whether it is in breach of section 295(2)(c) of the income-tax act ? ..... he also invited our attention to section 15 and section 16 of the income-tax act and he contended that section 15, section 16 and section 17 should be read together and if they are read together, it is clear that interest free loans/concessional loans and other free benefits/amenities like free meals, free education, credit card facilities, etc. ..... the point is mentioned only to show that the function of the central board of direct taxes under section 295(1) of the income-tax act is not only to frame rules evaluating the benefit or amenity, but also to itemise such benefits or amenities. ..... 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. ..... that new terms and conditions of payment of salaries are introduced. .....

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

Court : Chennai

..... at this point, i may 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. ..... , in this context, it 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. ..... what was made clear, though, was that if, any applicable tax was required to be deducted in respect of the remittances to be made, necessary deductions would be made, and the remaining amount would be remitted to interbulk along with the relevant tax certificate (s), so that, benefit could be claimed by it under the provisions of the double taxation avoidance agreement (in short dtaa ). 13.3 ..... it was next contended that the learned arbitrator failed to take note of the fact that the interbulk failed to lead evidence to show that it was entitled to the benefits provided under the dtaa. ..... adam coal, also, reiterated that they would furnish to interbulk, the relevant certificate in that behalf, so that, it could obtain benefit under the dtaa. 13.4. .....

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

Court : Supreme Court of India

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

..... 25(3) of the income-tax act, 1922 and claimed the benefit of that sub-section on the ground that the business of them joint family was taxed under the act of 1918 and he was not liable to pay tax for the period between april 13, 1938 and march 28, 1939. ..... " 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 ..... by this instrument the parties agreed 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, 1948 by payment of the consi- deration of rs. .....

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. ..... calcutta 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 company ..... the 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 or ..... is 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 be ..... , income-tax, super-tax and surtax, all the three taxes are collected under the income-tax act, 1961. ..... cite half a dozen statutes where without such recitation, tax, rate or cess was allowed to be deducted under the income-tax act, 1961. ..... if there is no income and no profit, payment of surtax in law does not .....