Court : Allahabad
Reported in : AIR1966All440; [1966]62ITR1(All)
..... . by the taxation laws (extension to merged states and amendment) act, 1949, which received the assent of the governor-general on december 31, 1949, the indian income-tax act, 1922, among other indian statutes, was extended to all the merged states, and section 3(2) specifically declared that the indian income-tax act, 1922 would operate as if it had been extended to, and brought into force in, all the merged states on ..... the constitution-makers could not have intended that the provisions of section 66 of the income-tax act be rendered useless in this manner and we should hold that answering a question of law referred under section 66 is not deciding a dispute within the meaning of article ..... that we are exercising is quite distinct from the jurisdiction that the learned judges were called upon to exercise; we are exercising jurisdiction under section 66(5) of the income-tax act whereas they were exercising jurisdiction under article 226 of the constitution. ..... personal rights, same privileges, same immunities, same dignities and same titles', the words actually used were the words to be used.the merger agreement in the case of sudhansu shekhar singh deo : [1961]41itr743(sc) (supra) used the words 'the personal rights, privileges, dignities and titles' and it was held by the supreme court that the privileges guaranteed by it were 'personal privileges (p. ..... case of sri sudhansu shekhar singh deo : [1961]41itr743(sc) the supreme court observed at p. ..... orissa : [1961]41itr743(sc) and commr .....
Tag this Judgment!Court : Allahabad
Reported in : (1978)7CTR(All)347
..... 214 of the income-tax act interest at the rate of 9 per cent per annum is payable on the amount by which the aggregate sum of any instalments of advance tax paid during any financial year exceeds the amount of tax determined in regular ..... 214 of the income-tax act an assessee is entitled to get interest on the advance tax paid during any financial year which exceeds the amount of the tax determined on regular ..... of the income-tax act, interest is not payable on excess tax deducted at source ..... 214 of the income-tax act inasmuch as the said amount exceeded the amount of the tax determined on regular ..... 256(1) of the income-tax act for the opinion of this ..... of the income-tax act. ..... - at the instance of the commissioner of income-tax, the income-tax appellate tribunal has referred the following questions of law ..... the judgment and order of the appellate assistant commissioner and the income-tax officer the assessee preferred an appeal before the income-tax appellate tribunal. ..... passed by the income-tax officer was reversed in appeal filed by the assessee before the appellate assistant commissioner of income-tax. ..... the income-tax officer held that the assessee was not entitled to claim interest on the amount refundable ..... amount of the gross income the tax determined was at rs. ..... in the opinion of the appellate assistant commissioner the entire amount of tax payable by the assessee having already been adjusted from the amount deducted at source, the assessee was entitled to get interest on the amount .....
Tag this Judgment!Court : Allahabad
Reported in : [1942]10ITR152(All)
..... shall be payable in respect of the income, profits and gains of the ..... section 25 (3) provides as follows :'where any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is discontinued, no tax shall be payable in respect of the assessment for 1933-34, he was in law justified in assessing the assessee to income-tax without giving him relief under section 25 (3) of the act?section 25 (3) provides as follows :'where any business, profession or vocaion on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is discontinued, no tax ..... , and that upon this assumption his claim was time barred under amending act of 1939-which came into force on the 1st april, 1939-and the assessee said :'i am advised that that proposition is not legally correct and the amended act, or to be more precise paragraphs 4 and 5 of section 25 which have been added to the income-tax act for the first time in 1939, can only apply to assessment made .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]76ITR96(All)
..... agarwal, learned counsel for the respondent, phool chand, submitted that under the proviso to sub-section (2) of section 46 of the indian income-tax act, the collector has the power of the civil court when realising the arrears of tax and the procedure provided for attachment and sale of immovable property in execution of decrees mutatis mutandis applies as he becomes a civil court and any objection filed or claim preferred by a third party to the attachment or sale of immovable ..... if the contention of the learned counsel for the respondent is accepted, then, i will have to import a fiction in the law which is not there that under section 46(2) of the income-tax act, the recovery of arrears of tax on a certificate issued by the income-tax officer will be deemed to be an execution of a decree for money passed by a civil court.8. ..... the income-tax officer concerned issued a certificate for realisation of the tax dues to the collector in exercise of his powers under section 46(2) of the income-tax act and he proceeded to recover the tax dues as arrears of land revenue. ..... the submission was that the proviso to section 46(2) of the indian income-tax act incorporates a rule of reference and it must be given full effect and when so done there will be no difference between the collector taking proceedings by attachment of immovable property for realisation of revenue and a civil court sitting in execution .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)69TTJ(All)503
..... 58 of the assessee's paper-book), which reads as under :'the assistant commissioner (tds) varanasi.filing of annual return under section 206c of the income tax act, 1961, for the financial year 1991-92.sir,we write with reference to your letter no. ..... as a result of newly inserted provisions of section 194h of the income tax act, 1961 (hereinafter referred to as 'the act'), as a result of finance act, 1991, which received the assent of the president of india on 27-9-1991, all these respondents were under an obligation to deduct and pay the tax at source @ 10 per cent from all payments or payables on account of commission after 1-10-1991.2.2. ..... verma, j.m.the common issue involved in all these appeals by the revenue of 3 different appellants of the same group relates to the imposition of penalties under section 271c of the income tax act for failure to deduct and pay the tax at source as required by the provisions of section 194h of the income tax act. ..... since the person responsible deliberately violated the provisions of section 194h of the income tax act for which he could not give and satisfactory reply, the assistant commissioner (tds), varanasi, referred this case to the undersigned for the imposition of penalty under section 271c of the income tax act. ..... accordingly, a show-cause notice under section 271c of the income tax act was issued by the undersigned on 28-12-1992, which was duly served on 30-12-1992, fixing the date of hearing on 12-1-1993. .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]152TAXMAN646(All)
..... of law which arose for consideration is to the effect, whether the assessee, who has not deducted the tax at source, can still be levied penalty under section 272a(2)(g) of the income tax act for not issuing the certificates of tax deducted, as per the requirement of section 203.3. ..... this is a bench of four appeals filed under section 260a of the income tax act with respect to the different assessment years, namely, 1998-99, 1999-2000, 2000 ..... tax within a prescribed time to the person on whose income such payment of tax has been made to the effect that tax has been deducted, specifying the amount so deducted and giving other particulars, as have been given therein.similarly section 206 provides that a person responsible for deducting the tax at source shall, within a prescribed period, furnish returns in such form verified in such manner and setting forth such particulars as may be prescribed to the prescribed income-tax ..... likewise under section 206, if the tax is deducted at source, the prescribed person who is responsible for deducting the tax, has to furnish the prescribed returns to be prescribed income tax authority within the prescribed time and failure in doing so or non-compliance of any other conditions of the provisions of section 206 would attract the penal provisions of ..... 'whereas, section 206 casts a duty upon the person deducting tax to furnish prescribed returns to the prescribed income-tax authority in such form and verified in such manner, as may be prescribed, and .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]77ITR133(All)
..... sub-section (3) of section 25, omitting portions not material to our purpose, is as follows :'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 ..... material portion of sub-section (4) is as follows:'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 ..... of such discontinuance, and the assessee may further claim that the income, profits and gains of the previous .....
Tag this Judgment!Court : Allahabad
Reported in : (1996)130CTR(All)269; [1995]216ITR193(All)
..... then the pre-emptive purchase of the property under section 269ud of the income-tax act would be illegal.12. ..... it is significant that, while arriving at the market value, two different considerations have to be made, one when the market value is fixed under the land acquisition act and the other under section 269ud of the income-tax act. ..... moreover, an order for compulsory purchase of immovable property under the provisions of section 269ud requires to be supported by reasons in writing and such reasons must be germane to the object for which chapter xx-c was introduced in the income-tax act, namely, to counter attempts to evade tax. '9. ..... the powers of compulsory purchase conferred under the provisions of chapter xx-c of the income-tax act are being used and intended to be used only in cases where in an agreement to sell an immovable property in an urban area to which the provisions of the said chapter apply, there is a significant undervaluation of the property concerned, namely, of 15 ..... the earlier case, the compulsory acquisition is for a public purpose for which the market value is paid while the latter case is a case, where the property is sold by undervaluing in order to evade tax and the acquisition is made under chapter xx-c of the income-tax act. ..... stating that he has undervalued the property and, therefore, the appropriate authority, lucknow, proposed to exercise a right of pre-emptive purchase in exercise of the powers as conferred by the income-tax act under chapter xx-c. .....
Tag this Judgment!Court : Allahabad
Reported in : (1987)60CTR(All)72; [1987]168ITR412(All); [1987]31TAXMAN216(All)
..... not only is the object of a transaction under section 52 of the income-tax act and under section 4 of the gift-tax act different but also its implications on the assessee. ..... in the assessment year 1967-68, the income-tax officer with the approval of the inspecting assistant commissioner applied the provisions of section 52 of the income-tax act and computed capital gains on the footing that the fair market value of the said property was much higher. ..... it is, therefore, incorrect to say that the same amount is taxed twice over if gift-tax is liable to be paid under section 4 on the basis of deemed gift on which capital gains tax has been realised under section 52 of the income-tax act.4. ..... varghese : [1973]91itr49(ker) , the question of taxability both under section 52 of the income-tax act and under the gift-tax act was considered. ..... section 52 of the income-tax act deals with the levy of capital gains on the basis that the real consideration for a transfer is more than that declared. ..... at the instance of the revenue, the following questions have been referred by the income-tax appellate tribunal under section 26(3) of the gift-tax act:'(1) whether, on the facts and in the circumstances of the case, the learned tribunal was legally correct in upholding the appellate assistant commissioner's finding that in view of the income-tax assessment wherein rs. .....
Tag this Judgment!Court : Allahabad
Reported in : (1988)67CTR(All)55; [1988]171ITR241(All); [1987]34TAXMAN418(All)
..... notices of demand under rule 2 of the second schedule to the income-tax act, 1961, have been served upon the petitioners as is evident from annexure iv in writ petition no. ..... it appears that under rule 73 of thesecond schedule to the income-tax act, 1961, the petitioners have been served with a notice to show cause why they should not be arrested as they have failed to pay the tax demanded of the firm. ..... in the present case, learned counsel for the petitioners has contended before us that the petitioners are not' assessees in default' within the meaning of the provisions of the income-tax act, 1961. ..... hence, they are liable to be proceeded against under rule 73 of the second schedule to the income-tax act, 1961. ..... . the aforesaid ruling had considered the provisions of the indian income-tax act, 1922, whereas the proceedings giving rise to the present writ petitions are under the provisions of the new act of 1961 and the proceedings were'initiated much after the enforcement of the taxation laws (continuation and validation of recovery proceedings) act, 1964 ..... we think that unless the income-tax officer had assessed the partners of the firm in accordance with the provisions of sections 182 and 183 of the act of 1961 and relevant notices had been served upon the partners, they cannot be termed as 'assessees in default'. .....
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