Court : Chennai
Reported in : [2000]241ITR177(Mad)
..... value of goods in transit is to be included while working out the deficiency for the purpose of relief under section 80j of the income-tax act, 1961 ?' 2. the point that arises for consideration in this tax case is whether the value of the goods in transit is liable to be included while working out the relief for the purposes of ..... section 80j of the income-tax act, 1961. 3. similar question of law came up for consideration before the supreme court in the case of cit v. alcock ashdown and co. ltd. : [1997]224itr353(sc) , wherein the supreme court has held that the value ..... of the work-in-progress should be taken into account for the purpose of granting the relief under section 80j of the act. following the said decision of the supreme court .....
Tag this Judgment!Court : Chennai
Reported in : [2000]243ITR802(Mad)
..... in civil courts are prescribed by the said statute or not. the relevance of this enquiry, was accepted by the privy council in dealing with section 67 of the income-tax act in raleigh investment co.'s case [1947] 15 itr 332 ; 74 i. a. 50 ; air 1947 pc 78, and that is the test which is usually ..... following substantial question of law was formulated for consideration in this second appeal : 'whether the civil court has jurisdiction in view of section 62 of the tamil nadu agricultural income tax act, 1955 ?' 8. after the legal representatives of the first respondent were impleaded as respondents nos. 2 to 4, though notices were served on them, they have not ..... mayuram. the lower appellate court took a different view. it held that the suit before the civil court is maintainable and section 62 of the tamil nadu agricultural income-tax act is not a bar. it further found that when the partition deed was brought to the notice of the authorities, they should have taken into consideration the same .....
Tag this Judgment!Court : Chennai
Reported in : (2005)197CTR(Mad)485; [2005]275ITR638(Mad)
..... any person--. . .(v) to any institution or fund established or deemed to be established for a charitable purpose to which the provisions of section 80g of the income-tax act apply.'6. the material provision of section 80g(5) is that the donation to an institution or fund would be entitled to deduction if the institution is established in ..... authority has erred in holding that the trust is not entitled to exemption in the absence of certificate of approval of the institution under section 80g of the income-tax act. yet another submission is also made that the assessee being a political party, founded on the principles for which the late thiru annadurai stood and as the ..... to the effect that the trust was running a business, viz., printing press. hence its income was not liable to exemption in terms of clause (bb) of section 13(1) of the income-tax act. according to the appellant, the levy of gift-tax on the donation made by the assessee was justified.3. on behalf of the respondent/assessee .....
Tag this Judgment!Court : Chennai
Reported in : [1992]196ITR501(Mad)
..... accept the document and grant registration of the same. the learned additional government pleader appearing for the respondent would submit that, under section 230a of the income-tax act, a tax clearance certificate is necessary before the document of conveyance with respect to immovable property the value of which is above rupees 2 lakhs is registered. 2. ..... the relevant portion of section 230a of the income-tax act is as follows : '(1) notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the ..... a sale deed covering such share and if that share happens to be of value less than rupees two lakhs, no certificate under section 230a of the income-tax act is required. merely because a plurality of shareholders happen to join together and execute one single document, it would not mean conveyance by a person of .....
Tag this Judgment!Court : Chennai
Reported in : [2002]256ITR560(Mad)
..... hampered. the payment so made was clearly one which had nexus with the business interest of the assessee and was an item of expenditure allowable under section 37 of the income-tax act. the expenditure incurred was one which was wholly and exclusively for the purpose of the business of the assessee. 5. the payment made to the workmen in an industry, ..... payments must be regarded as expenditure incurred wholly and exclusively for the purpose of the business, and allowable under section 37 of the income-tax act. 6. we, therefore, hold that the tribunal was in error in not condoning the delay and that it was also in error in holding that the additional bonus of three ..... should be rejected on that ground. 2. the reason for seeking condonation of delay was the death of the senior assistant of the company, who was in charge of income-tax work and who died shortly after the receipt of the order which was to be appealed against, which event was a little later followed by the demise of the mother .....
Tag this Judgment!Court : Chennai
Reported in : (2000)158CTR(Mad)149; [2000]244ITR74(Mad)
..... , obstruction or evasive tactics in concluding the assessment and no more.22. in iv. subhakaran v, cit : [1992]198itr720(ker) , the kerala high court laid down the following proposition (headnote) :'the commissioner of income-tax exercises discretionary power when passing' an order under section 273a of the income-tax act, 1961, on an application for waiver of interest. the order should ex facie disclose the application of ..... , by which the petitions filed by the writ petitioner under section 220(2a) of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), for waiver of interest levied under section 220(2) of the act as well as under rule 5 of the second schedule to the act for the assessment years 1987-88 to 1992-93 were rejected.2. the facts leading .....
Tag this Judgment!Court : Chennai
Reported in : (2008)220CTR(Mad)335; [2008]305ITR339(Mad); [2009]178TAXMAN409(Mad)
..... singh deb singh bist : [1973]88itr200(sc) , the supreme court, while dealing with section 34(1)(a) of the indian income-tax act, 1922 (now equivalent to section 147 of the income-tax act, 1961), observed as follows (at page 202 of 88 itr):before an income-tax officer can issue a statutory notice under section 34(1)(a), he must have reason to believe that by reason of ..... constitution bench (five-judges) of the supreme court reported in calcutta discount co. ltd. v. ito : [1961]41itr191(sc) and in the said case, the notice under section 34 of the indian income-tax act (xi of 1922), which is similar to notice under section 147 of the income-tax act, 1961, was challenged on the ground of jurisdiction, notice having been issued after the expiry of more .....
Tag this Judgment!Court : Chennai
Reported in : [2010]320ITR472(Mad)
..... from 04.02.2004 to 24.06.2005. it is further stated by the petitioner that the respondent failed to appreciate properly the scope of section 220(2a) of the income tax act, 1961, more particularly clauses (ii) and (iii) and stated that the condition in clause (iii) is squarely applicable to the petitioner and the respondent erred in not granting the waiver of ..... 9 as follows;what is the status of these circulars? section 119(1) of the income-tax act, 1961 provides that, 'the central board of direct taxes may, from time to time, issue such orders, instructions and directions to other income-tax authorities as it may deem fit for the proper administration of this act and such authorities and all other persons employed in the execution of this .....
Tag this Judgment!Court : Chennai
Reported in : III(2003)BC469; [2004]118CompCas82(Mad); 2003(3)CTC95; (2003)2MLJ220
..... as possible, shall apply with necessary modifications as if the said provisions and the rules referred to the amount of debt due under the recovery of debt act instead of tax under the income-tax act. rule 39 of the income-tax (certificate proceedings) rules ..... section 29 of the recovery of debts act. section 29 of the recovery of debts act, which occurs in chapter v of the act relating to the recovery of debt determined by tribunal, provides that the provisions of the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962, as far ..... deals with the resistance or obstruction by the defaulter or by some other person at his instigation. rule 43 deals with the power of the tax recovery officer when there is resistance or obstruction by bona fide claimant. under rule 43, where the recovery officer is satisfied that the resistance .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad1; [1950]18ITR825(Mad); (1950)IIMLJ580
..... the word 'occupation' would mean the trade or calling by which a person seeks his livelihood as stated in mr. sampath aiyangar's commentary on the indian income-tax act, and that it would mean much the same thing as 'vocation'. we cannot agree. no doubt, 'occupation' is used sometimes in the same sense as ..... the case-law till 1946 and has finally held :'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 these expressions.'it is obvious that ..... assessee raised several contentions. the first was that the fee or remuneration of rs. 3000 involved in this case would not be 'income, profits or gains' chargeable to income-tax under section 6, income-tax act; and though they may be 'receipts' within the meaning of the exemption clause under section 4 (3) (vii), the charging of .....
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