Court : Rajasthan
Reported in : RLW2004(4)Raj2424; [2006]144STC271(Raj); 2004(5)WLC331
..... while repealing indian income tax act, 1922 under section 297(1) of the income tax act, 1961, certain transitory provisions were made in sub-section (2) of section 297 for the proceedings relating to assessment year completed on or before 31.3.1962, which fell otherwise within the act of 1922. ..... patel (31), is also relating to imposition of penalty under section 271(1)(a) of the income tax act, 1961, and follows the principle laid in gujarat travancore agency's case (supra).123. ..... it was a case where the question arose about the penalty leviable under section 271(1)(a) of the income tax act, 1961 which provided penalty for delayed furnishing of return without reasonable cause, where there was an obligation to pay tax as was due as per return. ..... similarly, the levy of penalty for late filing of return which was found to be compensatory in nature was held to be absolute in gujarat travancore's case (supra); and another decisions under section 271(1)(a) of the income tax act, 1961. ..... jain case, clause (a) of section 271(1)(a) itself was omitted w.e.f. ..... the defence for offence was provided in the statute itself, hence, it was not essential to search the defences in common law.122. ..... 122 dated 31.10.90 with regard to 50.31 sq. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1996)133CTR(AP)398; [1997]228ITR30(AP)
..... parvatha rao, j.this is a reference made at the instance of the revenue under sub-section (1) of section 256 of the income-tax act, 1961 (for short 'the act'). ..... having said so, the court then observed that in order to claim depreciation, the assessee must furnish the requisite particulars as prescribed by the income-tax act and the rules made thereunder; and in the absence of such particulars the assessee could not avail of, nor, indeed, could he be entitled to depreciation. ..... this is an odd case where the assessee questions the deductions in respect of depreciation allowed by the income-tax officer under section 32 of the act for the two assessment years 1980-81 and 1981-82 on the ground that it did not raise any claim for such deductions in its returns for those two years. ..... (all) , a division bench of the allahabad high court held that there was no requirement in section 34 of the act that the prescribed particulars must be furnished in a particular document, and that merely because the form of the return provided for a place where the statement of such particulars should be set out, it did not mean that in the absence of such statement, the income-tax officer had no power to allow depreciation, if, in the course of assessment proceedings, he came to know ..... we may observe that sub-section (1) of section 34 was omitted by the taxation laws (amendment and miscellaneous provisions) act, 1988, with effect from april 1, 1988. ..... [1989] 122 itr 9. .....
Tag this Judgment!Court : Chennai
Reported in : (1998)148CTR(Mad)567
..... the it act, 1961, as there is no other provision in the act which creates a charge for tax on such ..... for and pay and discharge all levies, taxes and public charges whatsoever including income-tax and sales-tax due to any government or public authority.3 ..... submitted that as no liability had accrued for the amalgamating company, the amalgamated company cannot be made to suffer a tax liability for payment of which was not taken over by it and the tax demanded was not in respect of profits and gains of the amalgamated company but related to those of the amalgamating company ..... an order of assessment and that the liability for payment of levy under that section arises only after the ito makes an order and not at any earlier point ..... came to be made after the order of amalgamation and after the dissolution of the amalgamating company but on account of acts of omission and commission committed by the amalgamating company and its failure to carry out the obligation which were required ..... sent to the amalgamated company which resisted the same on the ground that the amalgamating company which had failed to distribute the statutory percentage of its distributable income was no longer in existence and therefore, no proceedings against a non-distingue company could be initiated or continued. ..... any point of time prior to the making of an order therein in accordance with the requirements of that section.7. ..... dispute that the order was made within the period of limitation prescribed under the section.2. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)89ITD44(Kol.)
..... the context in which it is used.it can also be gathered from the memorandum explaining the provisions of section 14a stating that in the absence of any such provision like that of section 14a the expenditure incurred in respect of exempt income was being claimed against taxable income though the legislature had no such intention since the inception of the income-tax act, 1961.the amendment by inserting section 14a was thus made retrospective with effect from 1-4-1962, and the legislature has ..... stopped in and declared that the expenditure incurred in relation to exempt income shall not be allowed for the purpose of ..... we find it appropriate at this stage to make a useful reference to section 80a, 80aa (omitted w.e.f. ..... (1980) 122 itr 767 (cal) wherein it was held- "that though the ultimate or ulterior motive of the assessee might have been to confer controlling interest either to itself or to nk and tk, the immediate purpose for acquisition of the shares was to earn income for the dividends thereof and the tribunal was, therefore, right in holding that the interest was deductible under section 57 against its income from other .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1502; [1993]199ITR188(SC); JT1991(3)SC14; 1991Supp(2)SCC346
..... this being a gift, reference has been made to section 122 of the transfer of property act where gift has been defined as under :'gift' is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on ..... of income-tax, bombay city i : [1961]42itr1(sc) shows that the words 'adequate consideration' were held to denote consideration other than mere love and affection which, in the case of a wife, may be presumed. ..... jain wanted us to accept his submission that these cases related to tax aspects and the meaning ascribed to the term in tax law should not be introduced into the present matters. ..... section 5(6) of the act categorically provides that any transfer of land after that date would be inoperative, if in the absence of transfer, that land in the hands of the transferor, would have been subjected to the provision of the act. ..... these appeals by special leave are directed against the decision of the allahabad high court in writ petitions arising out of proceedings under the uttar pradesh imposition of ceiling on land holdings act, 1960, as amended subsequently. ..... of wealth-tax, andhra pradesh v. ..... 'adequate consideration' has not been defined by the act and, therefore, the high court has relied upon the concept of gift in the transfer of property act. .....
Tag this Judgment!Court : Delhi
Reported in : (1999)65TTJ(Del)1
..... 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. ..... penalty proceedings under section 271c of the income tax act, 1961 were initiated and finalised by the deputy commissioner, range 23, new delhi, against the petitioner resulting into a ..... are the appeals preferred by the assessees against the common order of the commissioner (appeals) for the financial years 1989-90 to 1994-95 confirming the penalties levied under section 271c of the income tax act, 1961. ..... employees in japan (in addition to the salaries paid in india) which is admittedly paid for the work done by them for anpara-b project and the liaison office in india are taxable under the indian income tax act, 1961(2) if the amount of salaries so paid are taxable under the indian income tax act, whether the provisions of chapter xvii-b (s. ..... fact that no evidence of such legal opinion has been filed and the legal position was clear right from 1983 when finance act, 1983, added explanationn to section 9(1)(ii), subsequent events and acts of the appellant in this regard throw light on the intention of the appellant in respect of the acts done or omitted to be done earlier.5.20. .....
Tag this Judgment!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). .....
Tag this Judgment!Court : Chennai
Reported in : (2002)173CTR(Mad)171; [2002]253ITR139(Mad)
..... 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. ..... 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. .....
Tag this Judgment!Court : Chennai
Reported in : [2001]253ITR139(Mad)
..... 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. ..... 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. ..... 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 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. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)
..... 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. ..... 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 ..... 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 sabha ..... rules are required to be framed by the central board of direct taxes under section 295(1) of the income-tax act in this connection, it was submitted that under section 291(2)(c), the central board of direct taxes was required to make rules, which were proper and reasonable. ..... 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 .....
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