Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: chennai Page 22 of about 13,056 results (0.176 seconds)

Commissioner of Income-tax Vs. Ashok Leyland Ltd.

Court : Chennai

Reported in : [1999]240ITR899(Mad)

..... provisional assessment and, therefore, the assessee was not entitled to interest under section 244(1a) of the income-tax act, 1961. the assessee preferred an appeal before the commissioner of income-tax (appeals) (sic) holding that the assessee was entitled to interest under section 244(1a) of the income-tax act. the income-tax appellate tribunal rejected the reference application filed by the revenue on the ground that no referable question ..... circumstances of the case, the appellate tribunal was right in law in holding that the assessee is entitled to interest under section 18 of the companies (profits) surtax act, 1964, read with section 244(1a) of the income-tax act, 1961, on the excess payment of provisional tax paid by the assessee ?'. 2. the order of assessment made in the assessee's case under the surtax .....

Thanjavur Silk Handloom Weavers Co-operative Production and Sales Soci ...

Court : Chennai

Reported in : (2003)185CTR(Mad)210; [2003]263ITR334(Mad)

..... section 44ab. in this case, the only ground for levy of penalty is belated filing of audit report, which is the consequential contravention of section 44ab of the income-tax act. 17. in respect of the filing process, there is no controversy. for the assessment year 1995-96, corresponding to the accounting year ending with march 31, ..... audited report in the prescribed form. the said auditor's report could be under any other enactment and no separate audit need be carried out under the income-tax act. the petitioner-society, took up the matter with the director of cooperative audit to appoint auditors at an early date so that the audit could be completed ..... 1995. 7. on november 24, 1995, the third respondent issued a show cause notice as to why penalty should not be levied under section 271b of the income-tax act for the contravention of section 44ab. with the revised return, the petitioner-society filed the audit report on december 11, 1995, besides the petitioner explained the circumstances .....

The Commissioner of Income Tax Vs. Engine Valves Ltd.

Court : Chennai

Reported in : (2004)192CTR(Mad)162

..... claimed and allowed as a deduction under section 37 of the income-tax act ?'2.1. the respondent assessee is a company. during the assessment year 1988-89, ..... under section 256(2) of the income-tax act, namely 'whether on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the refund received by the assessee from the central excise department cannot be taxed under section 41(1) of the income-tax act, 1961, especially when the same has been ..... further appeal, the tribunal has held that the refund of excise duty is not assessable under section 41(1) of the income tax act, following the decision of the madhya pradesh high court in the case of commissioner of income tax vs . deora pu canbeon mfg. co. pvt. ltd. : [1985]156itr831(mp) and the decision of the madras .....

The Salem Co-operative Sugar Mills Ltd. Vs. the Commissioner of Income ...

Court : Chennai

Reported in : (2004)187CTR(Mad)650; [2004]266ITR166(Mad)

..... been stated inter alia that section 43b was aimed at curbing the practice of assessees not paying the taxes and not discharging their liabilities to pay employer's contribution to provident fund etc. and still claiming deduction under the income tax act on the ground that the liability had occurred in the relevant previous year and therefore 'it was ..... proposed to provide that deduction for any sum payable by the assessee by way of tax or duty under any law for the time being in force ( ..... 's appeal.4. the supreme court in the case of allied motors pvt. ltd. v. commissioner of income tax : [1997]224itr677(sc) considered the effect of the addition of the first proviso to section 43b by the finance act 1987, and held the same to be retrospective in operation. while so holding, the court examined the history .....

Mani Muthusamy Vs. Personal Assistant to the Collector

Court : Chennai

Reported in : [2010]186TAXMAN339(Mad)

..... while dismissing the writ petitions, liberty is granted to the petitioners to work out their remedies by taking appropriate proceedings under the provisions of income-tax act, 1961 and the rules as framed thereunder. during the pendency of the writ petitions, the petitioners had the benefit of interim stay. therefore, since ..... either themselves or persons similarly placed like them have been approaching the authorities under the provisions of the income-tax act while effecting supplies in other districts, through jurisdictional assessing officer under the income-tax act.39. for the above reasons, i find that the writ petitions are not maintainable since the ..... has denied the allegation of discrimination. learned counsel for the second respondent would further contend that terms of section 197(2) of the income-tax act provide for obtaining a lower deduction certificates or nil deduction certificate from the jurisdictional assessing officer after particulars are furnished by the assessee and .....

Deputy Commissioner of Income Tax, Special Range-ii Vs. Sree Janardhan ...

Court : Chennai

Reported in : [2009]311ITR439(Mad); (2007)5MLJ1343

..... of rs. 8,37,24,609/- for the assessment year 1991-92. a notice under section 143(2) of the income tax act, 1961 (for short, 'i.t. act') was issued to the assessee and in response to the same, the assessee has stated that the mill had remained closed ..... application of sections 41(1), 79 and 115j or of any one or more of these sections of the income tax act, 1961, in respect of assessment years which are also specified, then the assessing officer will have to take due cognizance ..... section 17(2). therefore, orders passed by bifr under section 17(2) will not have the effect of overriding the provisions of the income tax act.5. the contents of this circular may be brought to the notice of all the officers working under you.(sd) vijay mathurdirector ( ..... not give rise the assessee any benefit of with either excluding or limiting the application of sections 41(1), 79 and 115j of the income tax act. hence, the circular no. 523, dated 5.10.1988 and circular no. 576, dated 31.8.1990 were withdrawn by a .....

Anil Kumar Forma (Huf) and ors. Vs. Commissioner of Income Tax

Court : Chennai

Reported in : (2007)209CTR(Mad)246; [2007]289ITR245(Mad)

..... amounts should be construed as additional compensation charged on receipt basis under section 45(5)(b) of the income-tax act.6. before proceeding further, it is apt to refer section 45(5) of the income-tax act as under:45(5) notwithstanding anything contained in sub-section (1), where the capital gain arises from the ..... expired.2.3. the assessing officer reopened the assessments for assessment years 1997-98 and 1998-99 under section 147 of the income-tax act and made reassessments bringing to tax the amounts received by the assessees as per interim directions of the calcutta high court as additional compensation assessable as capital gains under ..... section 45(5)(b) of the income-tax act.2.4. the commissioner of income-tax (appeals) dismissed the appeal filed by the assessees. on further appeal, the appellate tribunal upheld the order of the commissioner of income-tax (appeals). hence, the present appeal.3. the primary issue that arises .....

Chandragiri Construction Company Vs. the Income-tax Settlement Commiss ...

Court : Chennai

..... and the learned counsel appearing for the department and given my anxious thoughts to the issue involved in this case.8. section 245d of the income-tax act (in short, the act) which provides for the procedure to be followed by the settlement commission on application filed under section 245c with full and true disclosure which were ..... singh vs. state of bihar and others (2007 (11) scc 447) dealt with the bihar land reforms (fixation of ceiling area and acquisition of surplus land) act, 1961, which contemplates a duty to issue final statement within a reasonable time after issuance of the order of the deputy collector, land reforms. in that case, while ..... show-cause notice, there is nothing to come to the conclusion that the first respondent, who is the authority to decide under the provisions of the income-tax act has predetermined the issue. such predetermination on the part of the assessing authority/second respondent is immaterial for, it is the first respondent who is ultimately .....

Commissioner of Income-tax Vs. M.A. Panjaliammal

Court : Chennai

Reported in : [1993]199ITR350(Mad)

..... petition under section 256(2) of the income-tax act, 1961, the revenue seeks a direction to the tribunal to refer the following question of law for the opinion of this court : 'whether, ..... tribunal was right in law in holding that the value of the jewellery found at the time of the search cannot be added under section 69a of the income-tax act and deleting the entire addition of rs. 91,950 ?' 2. we have carefully perused the order of the tribunal. on a consideration of the materials ..... and acceptable and that, therefore, there was no justification for the addition of rs. 91,950 under section 69a of the income-tax act. we are satisfied that no referable question of law arises out of the order the tribunal. the ..... as they were handed over to her and the omission of the part of the assessee to include the value of the jewellery in her wealth-tax returns was only on account of its custody with the brother of the assessee. therefore, according to the tribunal, nothing turned on the omission on .....

Viswam and Company Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [1993]201ITR291(Mad)

..... in filing return--question whether tribunal was right in confirming the penalty in theapplication :sec. 271(1)(a) stands omitted.income tax act 1961 s.271(1)(a)income tax act 1961 s.256 ratnam, j.1. in this tax case petition, under section 256(2) of the income-tax act, 1961, the assessee seeks a direction to the tribunal to refer the following two questions of law for the opinion of this .....