Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: gujarat Page 28 of about 4,526 results (0.056 seconds)

Kamalkhanji Jiwankhanji Vs. Expenditure Tax Officer, Ward C, Income-ta ...

Court : Gujarat

Reported in : AIR1963Guj98; (1962)GLR479

..... out of, the consolidated fund of india; and(b) the sums so paid to any ruler shall be exempt from all taxes on income.' 3. thereafter, the central government enacted the expenditure-tax act 1957. the provisions of that act were sought to be enforced against the petitioner in connection with the expenditure made by him out of the amount of privy purse ..... 363 constituted a bar to the maintainability of the applications. the learned advocate general referred us to a much later decision of the supreme court reported in. air 1961 sc 196 in the case of sudhansusekhar singh deo v. the state of orissa. in that case the supreme court had occasion to consider the provisions of article ..... manner provided by article 270. the expenditure-tax act 1957 is an act falling within the ambit of article 248 of the constitution and of entry no. 97 in list j of seventh schedule to the constitution. mr. modi drew our attention to a decision of the supreme court reported in air 1961 sc 1165 in the case of bombay gas .....

Sales Tax Officer, Petlad Vs. Rajratna Naranbhai Mills Co. Ltd. and an ...

Court : Gujarat

Reported in : [1976]46CompCas25(Guj)

..... am not inclined to examine the provisions of the income-tax act, 1922, or, for that matter, the income-tax act, 1961, to find out as to when income-tax becomes due, save saying that income-tax becomes due at the end of the accounting year. by the very nature of income-tax, every piece of income, whenever earned, does not entail liability to pay tax such as every sale by the registered dealer may ..... entail liability to pay sales tax. in the case of income-tax when a certain .....

Kantilal Dahyabhai Shah K.D. Dasadia Vs. Tej Prakash, Tax Recovery Off ...

Court : Gujarat

Reported in : (1975)16GLR638

..... august 29, 1973 and the petitioner was informed that in case of default steps would be taken to realise the amount in accordance with the second schedule to the income-tax act, 1961. in our opinion, since the opportunity to show cause regarding the alleged deficiency on resale was not given, this notice of demand and proceedings consequential upon the notice ..... given to the alleged defaulting auction purchaser before proceedings under order 21 rule 71 of the code of civil procedure or rule 14 of the second schedule of the income tax act, 1961 are taken against him.9. in gangadas dayabhai v. bai suraj i.l.r. 36 bom. 329 it was held that the liability of the defaulting purchaser ..... adjudicating upon his contentions, the further proceedings under order 21 rule 71 of the code of civil procedure or rule 14 of the second schedule of the income-tax act, 1961, as the case may be, can be taken.11. it is common ground before us that such an opportunity had not been given to the petitioner before the .....

Malek Shri Kamalkhanji Jiwankhanji Vs. Expenditure Tax Officer and anr ...

Court : Gujarat

Reported in : (1962)3GLR479

..... out of the consolidated fund of india; and(b) the sums so paid to any ruler shall be exempt from all taxes on income.2. thereafter the central government enacted the expenditure-tax act 1957 the provisions of that act were sought to be enforced against the petitioner in connection with the expenditure made by him out of the amount of privy ..... that article 363 constituted a bar to the maintainability of the applications. the learned advocate general referred us to a much later decision of the supreme court reported in : [1961]41itr743(sc) in the case of sudhansusekhar singh deo and anr. v. the state of orissa and anr. in that case the supreme court had occasion to consider the ..... provided by article 270. the expenditure-tax act 1957 is an act falling within the ambit of article 248 of the constitution and of entry no. 97 in list i of seventh schedule to the constitution. mr. modi drew our attention to a decision of the supreme court reported in a.i.r. 1961 supreme court 1165 in the case of .....

Sukhdev Rathi Vs. Union of India and Another.

Court : Gujarat

Reported in : (1995)116CTR(Guj)620; [1995]211ITR157(Guj)

..... an obligation, leaving the lender out of the scope of the section and furthermore non-compliance of section 269ss is made punishable under section 276dd of the income-tax act, 1961, which provides a very stringent punishment, viz., imprisonment for a period up to two years and fine equivalent to the amount of the borrowing. while so ..... notice calling upon the petitioner to explain five deposits of rs. 20,000 each and also to show cause why for contravention of section 269ss of the income-tax act, 1961, penalty should not be imposed upon him. the assessing officer held that the said deposits were genuine, but the explanation that the said deposits were accepted ..... 32.2 with a view to countering this device, which enables taxpayers to explain away unaccounted cash or unaccounted deposits, the finance act, 1984, has inserted a new section 269ss in the income-tax act debarring persons from taking or accepting, after june 30, 1984, from any other person any loan or deposit otherwise than by an .....

Roshanlal S. JaIn and ors. (Aop) Vs. Deputy Commissioner of Income Tax ...

Court : Gujarat

Reported in : (2008)220CTR(Guj)38; [2009]309ITR174(Guj); [2009]176TAXMAN95(Guj)

..... so deductible or payable under any provision of the act. therefore, the scheme that emerges is that income-tax is chargeable for any assessment year in relation to total income of the previous year and such income-tax is payable by the mode of deduction at source or by the mode of payment in advance ..... the prescribed rates in accordance with and subject to the provisions of the act in respect of the total income of the previous year of every person. sub-section (2) of section 4 of the act lays down that in respect of income chargeable under sub-section (1) income-tax shall be deducted at source or paid in advance, where it is ..... to the extent there is an overcharging of interest;(ii) section 234a of the it act, 1961 (the act) is ultra vires to the extent the said section provides for charging of interest even after the payment of tax;(iii) sections 234a and 234b of the act are ultra vires to the extent both the provisions charge interest for the same period .....

National Textiles Vs. Commissioner of Income Tax

Court : Gujarat

Reported in : (2001)164CTR(Guj)209

..... sustainable from the material on record.'2. all the above questions are on the justifiability of imposition of penalty on the assessee under section 271(1)(c) of the income tax act, 1961, and they being interrelated can be dealt with jointly for giving a common answer.3. the facts leading to the reference of the above questions is as under ..... , only the following questions have been referred under section 256(1) of the income tax act.'1. whether on the facts and in the circumstances of the case, the tribunal was justified in law in confirming the penalty levied under section 271(1)(c) of the act to the extent of rs. 90,000 ?2. whether, on the facts ..... reads thus :'explanation 1 : where in respect of any facts material to the computation of the total income of any person under this act,(a) such person fails to offer an explanation or offers an explanation which is found by the income tax officer or the appellate commissioner or the commissioner (appeals) to be false, or(b) such person offers .....

Commissioner of Income-tax-I Vs. Niranjanbapu Education and Charitable ...

Court : Gujarat

..... present appellant has preferred this tax appeal to consider the proposed substantial question of law: "(a) whether in the circumstances and the facts of the ..... learned income-tax appellate tribunal, rajkot (hereinafter referred to as "the tribunal") in ita no. 653/rjt/2012, by which, the learned tribunal has allowed the appeal preferred by the original applicant-trust, rajkot and has set aside the order passed by the commissioner of income-tax, rajkot-1 under section 12aa(1)(b)(ii) of the income-tax act, the ..... i see aside the impugned order dated 28.9.2012 passed by the ld. commissioner of income-tax, rajkot-1 u/s. 12aa(1)(b)(ii) and direct him to grant registration to the assessee-trust under section 12a of the act." 5. we are in complete agreement with the view taken by the learned tribunal. the .....

Yogendrakumar Gupta Vs. Income-tax Officer

Court : Gujarat

..... 8,71,00,000/- received from m/s basant marketing (p) ltd. during the year should not be treated as cash credit u/s 68 of the income tax act, 1961." 1.6 the petitioner filed reply to the same by stating that he intended to file writ petition against the invalid notice. 1.7 the petitioner vide ..... what amounts to 'full' and 'true' facts in the case of sri krishna private limited v. income tax officer and ors., reported in 221 itr 538 has held the income tax officer can issue notice under section 148 of the income tax act, 1961, proposing to reopen an assessment only where he has reason to believe that on account of either the ..... 1. the present petition has been preferred under article 226 of the constitution of india challenging the notice of reopening issued under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act') in connection with the assessment year 2006-07 in the following factual background : 1.1 the petitioner for the said assessment year submitted a return .....

C.i.T.-iii Vs. the Baroda Peoples Co-op. Bank Ltd.

Court : Gujarat

Reported in : (2005)198CTR(Guj)1; [2006]280ITR282(Guj)

..... arises for determination has been framed at the time of admission : whether on the facts and circumstances of the case, the income tax appellate tribunal was right in allowing deduction under section 80-p(2)(a)(i) of the income-tax act,1961 on interest income as being attributable to the business of banking ?2 on behalf of the appellant-revenue mr. m.r. bhatt, learned senior ..... ]227itr172(sc) , the supreme court reiterates fundamental principles thus :xxxx xxxx under the income-tax act,1961, the total income of the company is chargeable to tax under section 4. the total income has to be computed in accordance with the provisions of the act. section 14 lays down that for the purpose of computation, income of an assessee has to be classified under six heads :(a) salaries.(b .....