Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: chennai Page 1 of about 13,056 results (0.302 seconds)

Smt. Radha Gajapathi Raju Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [1991]190ITR144(Mad)

abdul hadi, j.1. in these tax cases under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), at the instance of the assessee, the following common question of law in respect of the assessment year 1970-71 to 1972-73 has been referred to ..... difference between the language of section 35(5) of the indian income-tax act, 1922, and section 155 of the 1961 act, renders the contention of learned counsel for the assessee unacceptable. under section 35(5) of the indian income-tax act, 1922, the inclusion or necessary correction of a partner's share of income from his firm, in his assessment, consequent upon the subsequent assessment ..... such fiction and section 155, on its terms, has nothing whatever to do with a mistakes apparent from the record. no doubt, under the provisions of the indian income-tax act, 1922, since it was doubtful whether there was a mistake apparent on the record in such cases in the original assessment of the partner, a fiction was enacted and .....

English Electric Company of India Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [1981]132ITR251(Mad)

..... for the purposes of surtax act ?' 3. the reference relates to the assessment years 1964-65, 1965-66 and 1966-67. the assessee filed returns for ..... the companies (profits) surtax act, 1964 , 2. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the depreciation provided in the accounts of the company in excess of the amount allowed as a deduction in the computation of its income for purposes of the income-tax act, 1961, was not a reserve ..... under section 18 of the c.(p.)s.t. act, 1964, read with section 256(1) of the i.t. act, 1961.2. the following questions have been referred :'1. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the income-tax officer had jurisdiction to rectify the assessment under section .....

Additional Commissioner of Income-tax Vs. Dalmia Magnesite Corporation

Court : Chennai

Reported in : [1979]117ITR930(Mad)

..... case, the appellate tribunal was right in law in holding that there was no splitting up or reconstruction of the business within the meaning of section 84(2) of the income-tax act, 1961, and there was no scope for refusing to grant the relief under section 84 for the assessment year 1962-63 ?' t.c. no. 180 of 1974 : 'whether ..... the appellate tribunal was right in law in holding that there was no splitting up or reconstruction of the business within the meaning of section 84(2) of the income-tax act, 1961, and there was no scope for refusing to grant the relief under section 84 for the assessment years 1963-64 and 1964-65 ?' t.c. no. 147 ..... allowed therein ? whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the income-tax officer's rectification order was really one under section 155(5) of the income-tax act, 1961, and that, therefore, the assesee's appeal against such order was competent and maintainable in law ?' t.c. no. 240 of .....

Commissioner of Income-tax, Tamil Nadu-i Vs. S. Balasubramanian

Court : Chennai

Reported in : [1982]138ITR815(Mad)

..... and that the development rebate allowed for assessment years 1960-61 to 1965-66 cannot be withdrawn by the income-tax officer ?' 2. in making the original assessment for the year 1960-61 to ..... under s. 256(1) of the i.t. act, 1961, hereinafter referred to as 'the act', the following question is referred : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the provisions of section 155(5) of the income-tax act, 1961, are not applicable to the facts of the case ..... the business of the undertaking, then the development rebate originally allowed is to be deemed to have wrongly allowed, and the ito is authorised to recompute the total income of the assessee for the relevant previous year and make the necessary amendment to the assessment by rectification. the provisions of s. 154, in so far as .....

Addl. Commissioner of Income-tax Vs. Shree Shankar and Co.

Court : Chennai

Reported in : [1979]118ITR636(Mad)

..... in the circumstances of the case, the appellate tribunal was right in holding that the appellate assistant commissioner was justified in cancelling the orders passed under section 154 of the income-tax act, 1961, for the assessment years 1966-67 and 1967-68?'2. the assessee is a firm consisting of two partners, viz., t.s. krishna and s.b. shankar. ..... j., as he then was, speaking for the court, observed at page 424 as follows :'but it is said that section 35 of the act even without the amendment would have enabled the income-tax authorities to reopen the assessment on the ground that there was a mistake apparent from the record. but from the record of final assessment, ..... , the andhra pradesh high court had to deal with a similar question which arose under the provisions of section 35 of the indian i.t. act, 1922, corresponding to section 154 of the 1961 act. section 35 itself was amended and the relevant parts are re-enacted in section 155, but the case before the highcourt arose prior to the .....

Commissioner of Income-tax Vs. V. Jayaraman

Court : Chennai

Reported in : [1994]207ITR1038(Mad)

..... the ingredients of that section. 2. at the instance of the revenue, the appellate tribunal has referred the following question : 'in a reassessment made under section 147(a) of the income-tax act, 1961, even if such reassessment is made in consequence of or to give effect to any finding or direction contained in an order passed under section 250 of the said ..... his order dated june 11, 1976, deleted the addition stating that it is to be assessed only for the assessment year 1968-69. consequently, the income-tax officer initiated proceedings under section 147(a) of the income-tax act and the additional amount was included for reassessment. this was upheld on appeal. but on further appeal to the appellate tribunal, the appellate tribunal held that .....

Commissioner of Income-tax, Madras-ii Vs. Blue MountaIn Engineering Co ...

Court : Chennai

Reported in : [1978]112ITR839(Mad)

..... registered firms are kept out of the fray.the patna high court has in commissioner of income-tax v. pure nichitpur colliery company : [1975]101itr79(patna) gone into the existence of the option in the context of the income-tax act, 1961. after referring to the relevant provisions of the act of 1961, it was observed at page 85 as follows :'reading all these provisions together it would ..... held that in the charging section 4 of the income-tax act, 1961, there was no such option or election to choose between the two taxable units given to the income-tax officer, as under the 1922 act, and, as such, the income-tax officer was quite competent to initiate the proceedings under section 147 with a view to tax the income of an assessable unit whose in come had escaped .....

C. Rajendran and anr. Vs. Income-tax Officer

Court : Chennai

Reported in : (2002)173CTR(Mad)171; [2002]253ITR139(Mad)

..... the company was in tax arrears for the aforementioned two assessment years in the sum of rs. 27,347 and rs. 3,25,976, respectively. in ..... assessment year 1974-75 was rs. 18,855 while the tax liability for the assessment year 1978-79 came to rs. 3,58,174. a 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. by that notice, it was informed to the company that ..... 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. however, the concerned authority shall be guided by the observations made by us in this order. 13. with this, we partly allow the .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... the company was in tax arrears for the aforementioned two assessment years in the sum of rs. 27,347 and rs. 3,25,976, respectively. in ..... assessment year 1974-75 was rs. 18,855 while the tax liability for the assessment year 1978-79 came to rs. 3,58,174. a 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. by that notice, it was informed to the company that ..... 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. however, the concerned authority shall be guided by the observations made by us in this order.with this, we partly allow the appeal, .....

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

Court : Chennai

..... determined on a document-only basis , expert evidence was led by both sides, with regard to the obligation, if any, of adam coal to deduct withholding tax under the provisions of the indian income tax act, 1961 (in short the income tax act ). in this context, the testimony of experts was also placed before the learned arbitrator, with regard to the relevant provisions of the dtaa. 15.5 ..... . 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 my view, this submission of the respondent is completely misconceived .....