Court : Chennai
Reported in : [1987]165ITR413(Mad)
..... cannot be proceeded against. another contention put forward by the petitioners is that the recovery proceedings themselves are time-barrier under section 231 of the income-tax act, 1961.the first respondent, the tax recovery officer, has filed a counter-affidavit to the effect that the gift deed having come into existence after the proclamation has been issued regarding ..... been assessed in the years 1947-48 to 1950-51 and 1963-64 and 1964-65. in view of the non-payment of the tax, certificates under section 46(2) of the indian income-tax act, 1922, were issued as early as march 26, 1958, and may 19, 1959. based on the said certificates, recovery proceedings had ..... have got an alternative remedy provided by the status. we are, therefore, of the view that the petitioners should go before the tax recovery officer under rule 11 of schedule ii of the income-tax act to challenge the impugned order said to have been passed by the first respondent. therefore, without going into the merits of the .....
Tag this Judgment!Court : Chennai
Reported in : [1966]17STC38(Mad)
..... the supreme court was that a wide meaning should be given to section 34 of the indian income-tax act in the matter of assessing income which has escaped liability to income-tax, so as to cover cases in which the income-tax officer had already applied his mind and come to some conclusion.29. these two decisions therefore ..... would come under the category of escaped turnover, on behalf of the assessee, reliance was placed upon the analogous provision, section 34 of the indian income-tax act and the decisions thereunder as to the proper meaning to be given to the words escaped assessment.17. the assessee in that case, therefore, contended ..... kameshwar singh v. state of bihar : [1959]37itr388(sc) , a decision rendered under the bihar agricultural income-tax act of 1938 and the other in maharajkumar v. income-tax commissioner : [1959]35itr1(sc) arising under section 34 of the indian income-tax act.7. learned counsel drew our attention to the judgment of veera-swami, j., in writ petitions nos. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1966Mad365
..... the central government is satisfied that the petitioners are engaged in the manufacture of one or more of the articles specified in part a of the fifth schedule to the income-tax act, 1961. the petitioners are a public limited company incorporated in 1954, and are said to be engaged during the relevant time in the manufacture of grinding wheels and abrasives, being the ..... that the board of revenue had considered the matter, but it regretted that the request regarding exemption contemplated under the fifth schedule read with s. 99(1)(iv) of the income-tax act 1961, could not be acceded to. there was a further communication on 14-5-1964 from the secretary to the central board of direct ..... of the petitioners for a certificate was made not to the central government, but to the central board of revenue as it figured then. section 99(1)(iv) of the income-tax act 1961 reads:'(1) supertax shall not be payable by an assessee in respect of the following amounts which are included in his total .....
Tag this Judgment!Court : Chennai
Reported in : 1998(2)CTC677
..... high court reported in : [1989]177itr176(bom) . under the impugned judgment the high court has set aside the attachment levied under rule 11 of the second schedule to the income-tax act, 1961 by the tax recovery officer on an immovable property originally belonging to the assessee (since deceased). the property was claimed by the wife of the assessee (since deceased) and his daughter, original ..... become final. while examining the declaration given in the present case by the income tax officer under section 281 of the income-tax act, the high court had expressly held that by introduction of section 281 in the income tax act, 1961, the legislature had no intention to confer an exclusive power and jurisdiction upon the income tax authorities to decide the questions arising under section 281. section 281 merely declared .....
Tag this Judgment!Court : Chennai
Reported in : (1992)104CTR(Mad)143; [1992]195ITR137(Mad)
..... above, it is unequivocally crystal clear that the commissioner had exercised his discretion to prosecute the petitioner, accused no. 1, for the offences under the income-tax act, 1961, inclusive of sections 276c and 277. from the authorisation so given, it is inferable with ease and grace that the commissioner had exercised his discretion ..... accused no. 1 presenting before the sub-registrar, kodambakkam, form no. 37g (in duplicate) prescribed under rule 48 of the income-tax rules, 1962, and section 269p(1) of the income-tax act, 1961, duly verified and signed, along with the instrument of transfer mentioning in columns 8 and 9, the actual consideration for the ..... 1860, is not legally permissible, as there is no section for such prosecution under section 279(1) of the income-tax act, 1961, and if the complaint had been filed limited to offence under the income-tax act alone, there was a possibility of such offences being compounded under the benevolent provisions adumbrated in sub-section (2) .....
Tag this Judgment!Court : Chennai
Reported in : (2001)165CTR(Mad)132
..... died. it is stated that the property of the petitioner was attached on 14-3-1989, by the tax recovery officer, chennai. it is the specific case of the petitioner that under rule 68b(3) of the second schedule to the income tax act, 1961, the sale of the property cannot be effected after a period of three years from the date of ..... attachment. it is, therefore, stated that since the property was attached prior to 1-6-1992, and the orders which gave rise to the demand of tax were made prior to 1-6-1992, ..... was not served with any prior notice after the death of her father. this contention is also not acceptable. rule 85 of the second schedule to the income tax act empowers the tax recovery officer to continue the recovery proceedings against the legal representatives of the defaulter from the stage at which it was left on the death of the defaulter .....
Tag this Judgment!Court : Chennai
Reported in : [2001]251ITR479(Mad)
..... the existing liability of the assessee.11. it will be, therefore, our endeavour to consider the real import of section 158bc as also section 132b of the income-tax act. in our opinion, the interpretation given by the learned single judge is absolutely correct and we agree with the same.12. there can be no dispute that ..... chitra venkataraman. learned counsel contended that the interpretation by the learned judge of section 158bc of the income-tax act was not correct. according to learned standing counsel, there were ample powers in that section if read with section 132b of the income-tax act to adjust the amounts in the way the authorities had done in this case. learned counsel ..... where there is a search under section 132 of the income-tax act, the assessment would be under chapter xiv-b of the act, which was a specially introduced chapter by the finance act, 1995. a glance at the whole scheme of this chapter suggests that under section 158ba, there is .....
Tag this Judgment!Court : Chennai
Reported in : [1976]46CompCas250(Mad); [1976]103ITR1(Mad)
v. ramanujam, j. 1. as the scope and ambit of section 80k of the income-tax act, 1961 (hereinafter referred to as 'the act'), arises in all the above petitions filed by the same assessee, it is convenient to dispose them of together by a common judgment. as the facts are practically ..... learned counsel for the petitioner would, however, submit that the decision in commissioner of income-tax v. s.s. sivan pillai was rendered with reference to section 15c(1) and 15c(4) of the indian income-tax act, 1922, corresponding to sections 84 and 85, respectively, of the income-tax act of 1961, before their deletion in 1969 and that the said decision cannot be of any ..... accordance with such rules as may be made in this behalf by the central board of revenue '. 15. under the income-tax act of 1961, sections 15c(1) and 15c(4) werereplaced by sections 84 and 85 by the finance (no. 2) act of 1967. sections 84and 85 were later replaced by sections 80j and 80k, respectively. it -willbe clear from a comparative .....
Tag this Judgment!Court : Chennai
Reported in : [1973]91ITR513(Mad)
..... actually paid by the petitioners. aggrieved against the said levy of interest, the petitioners filed a revision before the commissioner of income-tax under section 264 of the income-tax act, 1961, but the commissioner dismissed the same on november 24, 1969. the petitioners have, therefore, filed the present writ petition seeking to quash the levy of ..... interest anterior to april 1, 1967, the date on which section 46 of the finance (no. 2) act of 1967 came into force as per section 1(2) of that act.4 ..... have been included in the regular assessment and interest would have been reckoned only from the date on which the notice of demand under section 156 of the income-tax act is served on the petitioners in pursuance of such assessment order and that, in such a case, the petitioners would not have been liable to pay .....
Tag this Judgment!Court : Chennai
Reported in : (1986)55CTR(Mad)380; [1986]162ITR314(Mad)
..... amount of royalty, the trading liability must be held to have ceased and the amount of royalty has to added back as income under section 41(1) of the income-tax act, 1961. the relevant part of section 41(1) of the income-tax act, 1961, in so far as the facts of the present case arejconcerned, will read as follows : '41. (1) where an ..... suffice to stamp it with the character of a liability and, therefore, the amount representing that liability could not be added back under section 41(1) of the income-tax act, 1961. the tribunal having dismissed the appeal of the revenue, the following two questions have been referred to this court for its opinion at the instance of the revenue : ..... was right in holding that the sum of rs. 2,09,993 being the unpaid royalties to the foreign collaborator should not be brought to tax under section 4(1) of the income-tax act, 1961 2. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that there was no cessation .....
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