Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: allahabad Page 7 of about 7,943 results (0.066 seconds)

Commissioner of Wealth-tax Vs. B.K. Sharma

Court : Allahabad

Reported in : [1977]110ITR902(All)

..... . it merely prescribes a procedure for the assessment of concealed income and the rate of tax. the income so declared was chargeable to income-tax under section 4 of the income-tax act, 1961, which is the charging section. in other words, the assessee was liable for the payment of income-tax from the very inception under section 4 of the income-tax act and the liability arose at the end of each previous ..... ]93itr288(guj) has taken a contrary view. in the opinion of the learned judges payment of income-tax under section 68 of the finance act, 1965, is not in satisfaction of any liability under section 3 of the indian income-tax act, 1922, or under section 4 of the income-tax act, 1961. reliance has been placed upon sub-section (1) of section 68 which provides that where any person .....

Laxmi Ratan Cotton Mills Etc. Vs. S.K. Bhatnagar

Court : Allahabad

Reported in : 1975CriLJ1881

..... credit of the central government within seven days from the date of deduction, as provided in section 18(6) of the indian income-tax act, 1922 and section 200 of the income-tax act, 1961. the tax was paid on 26th may, 1969. the accused were convicted and sentenced to fine by the district magistrate, but were acquitted, on ..... the complaint that under the provisions of section 192(1) of the income-tax act, 1961 any person responsible for paving any income chargeable under the head 'salaries' shall at the time of payment, deduct income-tax on the amount payable at the average rate of income-tax computed on the basis of the rates in force for the financial ..... source within the prescribed time as required under the provisions contained in chapter xviii of the income-tax act, 1961. in these circumstances it was alleged that the accused had committed an offence punishable under section 276-b of the income-tax act. 1961.2. on receipt of summonses the accused put in appearance before the court. an .....

The Commissioner of Income-tax Vs. Wajid Sons (P) Ltd.

Court : Allahabad

Reported in : (2005)198CTR(All)602; [2005]278ITR392(All)

..... the following questions of law under section 256(1) of the income tax act, 1961 (hereinafter referred to as 'the act') for opinion to this court:-'whether on the facts and in the circumstances of the case, the tribunal has been correct in law in upholding the commissioner of income tax (appeals) order directing accepting of the assessee's request made ..... under section 154 of the i.t. act, 1961 that it was an industrial undertaking and the mistake of its being treated as non-industrial one was ..... there was a mistake apparent on the record in as much as the firm had not been changed at the maximum rate of tax under section 17(1) of the indian income tax act, 1922. the income tax officer rectified the assessment by applying the provisions of that section. on these facts, the apex court has held that the question .....

Assistant Commissioner of Vs. U.P. National Manufacturers Ltd.

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2001)76ITD272(All.)

..... section 201(1). thus if an assessee is in default or deemed to be in default then the recovery of the tax due may be made as per the procedure laid down under the provisions of the income-tax act, 1961 unless prohibited the recovery of government dues can also be made by another mode or procedure under any other enactment or ..... statute." 21. so far as the point relating to the payment of advance tax by the three companies is concerned, this plea perhaps has been ..... argued that in view of the mandatory provisions of section 194h, the acit(tds) was fully justified in levying the interest under section 201(1a) of the income-tax act and that the 1d. cit(a) has committed a legal error in cancelling the levy of interest. in support of his contention, the 1d. d.r. has made reference to the .....

Assistant Commissioner of Vs. U. P. National Manufacturers Ltd

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... section 201(1). thus if an assessee is in default or deemed to be in default then the recovery of the tax due may be made as per the procedure laid down under the provisions of the income-tax act, 1961 unless prohibited the recovery of government dues can also be made by another mode or procedure under any other enactment or ..... statute." 23. so far as the point relating to the payment of advance tax by the three companies is concerned, this plea perhaps has been ..... argued that in view of the mandatory provisions of section 194h, the acit(tds) was fully justified in levying the interest under section 201(1a) of the income-tax act and that the ld. cit(a) has committed a legal error in cancelling the levy of interest. in support of his contention, the ld. dr. has made reference to the following .....

H.G. Misra and Co. Vs. Appellate Assistant Commissioner of Income-tax ...

Court : Allahabad

Reported in : AIR1969All566; [1969]72ITR489(All)

..... notification on the 11th june, 1963:--'in exercise of the powers conferred by section 298 of the income-tax act, 1961 (xliii of 1961), the central government hereby makes the following order, namely:-- 1. short title and commencement--(1) this order may be called the income-tax (removal of difficulties) order no. 2 of 1963. (2) it shall be deemed to ..... he has without reasonable cause failed to furnish an estimate of the tax payable by him under sub-section (3) of section 18-a of the repealed act in respect of the said financial year, the provisions of section 273 of the income-tax act, 1961 (xliii of 1961), shall apply as if the references in that section to the provisions ..... not either file the estimate nor paythe amount of the advance tax as required by section 18a (3).3. on the 1st april, 1962 the income tax act, 1961, hereafter referred to as the new act, came into force and, by sub-section (1) of section 297 thereof, the old act stood repealed with effect from the said date. as the .....

Rani Amrit Kunwar Vs. Commissioner of Income Tax, C.P. and U.P.

Court : Allahabad

Reported in : [1946]14ITR561(All)

..... speaking in reference to the english income tax act and not in reference to the indian income-tax act. in short, the english income tax act by its charging provisions has taxed only those particular types of income which can be brought within the various schedules, whereas the indian income-tax act has charged whatever is 'income, profits and gains' on the proper ..... of relief in respect of income on which has been paid both income-tax (including super-tax) under this act and dominion income-tax, and 'dominion income-tax' has been defined to include any income-tax or super-tax charged under any law in force in any indian state. these provisions in the indian income-tax act incline me to the view that ..... was made applicable to the indian states by an order in council, dated 11th june, 1902.section 4(3) of the indian income-tax act was amended by the indian income-tax (amendment) act (xxiii of 1941), and a sub-clause (x) was added, and it was made clear that an accredited representative in .....

Chhagan Lal Rathi Vs. Income-tax Officer, District Iii(i), Kanpur, and ...

Court : Allahabad

Reported in : [1965]58ITR777(All)

..... 226(3) of the income-tax act, 1961, in the excess profits tax act. the contention of learned counsel would be justified if a provision of the income-tax act, 1922, corresponding to section 226(3) of the income-tax act, 1961, had been incorporated in the excess profits tax act. the contention cannot be accepted if no such corresponding provision of the income-tax act, 1922, had been incorporated in the excess profits tax act. section 8 of the ..... enactment... to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.'it is not in dispute that the income-tax act, 1961, has repealed the income-tax act, 1922, and that its provisions represent a substantial re-enactment of those of the latter statute. but it seems to us that as the impugned proceeding took place .....

Rani Amrit Kunwar Vs. Commissioner of Income-tax, Central and United P ...

Court : Allahabad

Reported in : AIR1946All306

..... to be remembered that he was speaking in reference to the english income-tax act and not in reference to the indian income-tax act. in short, the english income-tax act by its charging provisions has taxed only those particular types of income which can be brought within the various schedules, whereas the indian income-tax act has charged whatever is 'income, profits and gains' on the proper construction of those expressions. it would ..... 54 vict. chap. 37, was made applicable to the indian states by an order-in-council dated 11th june 1902.41. section 4(3) of the indian income-tax act was amended by the indian income-tax amendment act, (23 [xxiii] of 1941), and a sub-clause (10) was added, and it was made clear that an accredited representative in british india for political purposes of .....

Anil Rice Mill Vs. the Commissioner of Income Tax

Court : Allahabad

Reported in : (2005)199CTR(All)69; [2006]282ITR236(All)

..... be invoked in the assessment proceedings relating to any other person, other than a person who is making the declaration under the act, so as to rule out the applicability of section 68 of the income-tax act, 1961. the facts of this case were that they were certain cash credits in the named of sons of managing partners and ..... the sons were having on independent source of income. disclosure was made by the sons under the voluntary disclosure scheme. such disclosure did not ..... preclude enquiry into the genuineness of the cash credits and their assessment us the firm's income from undisclosed sources under section 68 of the income-tax act, as held by their lordships in the said case.on these decisions of various high courts and those of the hon'ble supreme .....