Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: kolkata Page 17 of about 10,190 results (0.065 seconds)

Turner Morrison and Co. Ltd. Vs. Comr. of I.T.

Court : Kolkata

Reported in : AIR1952Cal403,[1951]19ITR451(Cal)

..... united kingdom. they are also nonresident in india & messrs. turner morrison & company limited, calcutta have been appointed statutory agents of the port said association by the income tax/excess profits tax officer under section 43 of the income tax act.3. the port said association limited obtain and manufacture salt in egypt. they assign this salt to messrs. turner morrison & company limited for sale at the ..... they fall within the ambit of section 4 (1) (a) that being so, there is no necessity for the income tax authorities when levying income tax to rely on section 42, income tax act, which does not deal with income, profits or gains received in india but only with income, profits or gains deemed to accrue or arise in india. the assesee company cannot therefore invoke the aid of .....

Commissioner of Income-tax Vs. T.i. and M. Sales Ltd.

Court : Kolkata

Reported in : [1978]114ITR59(Cal)

..... to the appellate assistant commissioner, against the decision to treat the assessee as statutory agent of the said non-residents under section 163(1) of the income-tax act, 1961, and also against the quantum of the assessments. the appellate assistant commissioner disposed of the appeals by a consolidated order.3. one of the points agitated ..... section (1)of section 139.'7. mr. b. l, pal, learned counsel for the revenue, based his submissions only on section 161 of the income-tax act, 1961. he stated that once a person was treated to be a representative assessee then he would be subject to the same duties, responsibilities and liabilities in respect ..... representative assessee was liable to pay interest under section 217(1) of the income-tax act, 1961, for non-payment ofadvance tax in accordance with the provisions of section 212(3) of the said act. the appellate assistant commissioner came to the conclusion that as the income-tax act, 1961, became law only on the 1st april, 1962, it did not confer .....

P.G. and Sawoo P. Ltd. and anr. Vs. Assistant Commissioner of Income-t ...

Court : Kolkata

Reported in : (2008)221CTR(Cal)36,[2008]307ITR243(Cal),[2009]176TAXMAN326(Cal)

..... to enhance the rent of the premises in question with retrospective effect from september 1,1987, a purported notice under section 147 of the income-tax act, 1961 (hereinafter referred to as 'the said act') was issued on may 18,1994 i.e. after the expiry of four years from the end of the relevant assessment year (1989-90 ..... house property at 18, rabindra sarani, calcutta, for the assessment year 1984-85 and section 23(1) of the income-tax act, 1961, the tribunal was justified in law in directing the assessing officer to recompute the income from the aforesaid house property on the basis of enhanced rent sanctioned and agreed after the close of the previous ..... house property at 18, rabindra sarani, calcutta, for the assessment year 1984-85 and section 23(1) of the income-tax act, 1961, the tribunal was justified in law in directing the assessing officer to recompute the income from the aforesaid house property on the basis of enhanced rent sanctioned and agreed after the close of the previous .....

Calcutta Discount Co. Ltd. Vs. Income Tax Officer, Companies District ...

Court : Kolkata

Reported in : AIR1952Cal606,[1952]21ITR579(Cal)

..... is an application under art, 226 of the constitution for appropriate writs, for quashing of certain income-tax assessment proceeding taken against the petitioner under section 34 of the income tax act, 1922 as amended by income tax and business profits tax (amendment) act 1948 (act xlviii (48) of 1948) and for prohibiting the respondents from proceeding with the said assessment ..... has no retrospective effect.20. the judicial committee of the privy council had occasion to construe sec. 34 of the income tax act as it was in 1922, in the case of 'commr. of income tax bengal v. mohaliram ramjidas' (1940) 8 i t r 442 , lord normand made the following observation:'the section ..... proceedings taken against the petitioner pursuant to the notices dated 28th march 1951 issued under section 34, income tax act, as amended by act xlviii (48) of 1948. as the question, is not free from difficulty the income tax authorities cannot be blamed for taking steps. under the amended section and so i make no order .....

Pradeep Trust Vs. Commissioner of Income Tax

Court : Kolkata

..... applicable on the association of persons born out of joint-venture agreement instead of right section i.e. section 3(1)(b) of the income tax act 1961?2. whether on facts and circumstances of the case the income tax appellate tribunal was right in law for not passing any order on cross objection on the points of initiation of proceedings under section 147/148 ..... applicable on the association of persons born out of joint-venture agreement instead of right section i.e. section 3(1)(b) of the income tax act 1961?5. the facts giving rise to filing of these two appeals may be summed up thus:1) the assessee is a private trust created under the deed of trust ..... the case the tribunal was right in law in holding that section 3(1)(f) of the income tax act is applicable on the 'association of persons' born from the joint-venture agreement instead of right section i.e. section 3(1)(b) of the income tax act 1961.15. in order to appreciate the said question, it will be appropriate to refer to the provisions .....

Assam Oil Co. Ltd. Vs. Commissioner of Wealth Tax (Central), Calcutta

Court : Kolkata

Reported in : AIR1963Cal112,[1963]48ITR49(Cal)

..... .6. so far as the second question is concerned, it seems to me that the assessee's contention must be accepted. under section 18 (1) of the income-tax act the income-tax officer may, on or after the first day of april in any financial year, by order in writing, require an assessee to pay quarterly to the credit of ..... amount should be deducted in arriving at the net wealth.(b) in any event the last instalment of the demand made under section 18a (1) of the indian income tax act should be deducted from the total valuation in computing the net wealth.3. the tribunal rejected the first contention holding that there was no debt owed by the assessee ..... the appellate tribunal taking a supplementary ground, namely, that the last instalment of rs. 47,86,2o7/- of the demand made under section 18a(1) of the indian income tax act which remained outstanding on the valuation date should be allowed as a deduction in the computation of the net wealth. the assessee's contention was two-fold :(a) provision .....

In Re: Sulekha Works Ltd.

Court : Kolkata

Reported in : AIR1965Cal98

..... demanded alter adjustment of the advance was rs. 19, 983.00 and this amount has also been duly paid. for the accounting years 1960 and 1961 the company has paid in full the demand under section 18(a) of the income-tax act and paid in each of the two years rs. 63,175.00. the assessments for the years 1960 and ..... 1961 have not been completed and therefore, the company has not been able to pay its dues for these years yet.39. the company's case ..... contention that it had fully discharged its liabilities for income'-tax and sales tax.42. but assuming that the company did not pay its income-tax or sales tax liabilities would that be a ground for winding up a company on a charge of insolvency the income tax act and sales tax act provided a machinery for realisation of taxes and if the company made defaults certificate proceedings would .....

J. Tewari Vs. Union of India (Uoi)

Court : Kolkata

Reported in : (1995)2CALLT467(HC),[1997]89CompCas415(Cal),[1997]225ITR858(Cal)

..... responsible for the conduct of the business of the company during the material time had committed an offence punishable under section 276b read with section 278b of the income-tax act, 1961, and he has also been treated as principal officer of the company by issuing notice on him. before the lower court, the learned advocate for the ..... order dated march 21, 1994, passed by a metropolitan magistrate in case no. c/992/30 under section 276b, and 276b read with section 278b on the income-tax act, 1961, whereby the learned magistrate directed that the case be proceeded against the secretary-accused, petitioner no. 2 only, as the case did not lie against accused no. ..... sc 620.6. the definition of the word 'person' in section 2(31) of the. income-tax act, 1961, includes a company, but it does not exclude the 'principal officer' which has been defined under section 2(35) of the income-tax act as meaning the secretary or any person connected with the management or administration of the company upon .....

C.E.S.C. Ltd. and anr. Vs. Deputy Commissioner of Income-tax and ors.

Court : Kolkata

Reported in : (2003)183CTR(Cal)116,[2003]262ITR243(Cal)

..... 95 are under challenge in this writ petition. the facts of the case briefly stated are as follows : the petitioner, cesc ltd., filed income-tax returns under section 139 of the income-tax act, 1961, claiming deduction on account of appropriation to contingency reserve. on this basis returns were filed for the assessment years 1990-91, 1992-93, ..... in some detail which reads as follows :. 'these appeals are directed against two orders of the gujarat high court dismissing appeals under section 260a of the income-tax act, 1961, on the ground that no substantial question of law arose in the appeals. the high court relied on its own earlier judgment in gujarat poly-avx ..... made on march 2, 1995, requires to be amended as there is a mistake apparent from the record within the meaning of section 154 of the income-tax act, 1961. the rectification of the mistake, as per particulars given below, will have the effect of enhancing the assessment/reducing the refund/increasing your liability. if .....

Union of India (Uoi), Represented by Commr. of I.T., W.B. Ii Vs. Jnana ...

Court : Kolkata

Reported in : AIR1970Cal417,74CWN710,[1970]77ITR782(Cal)

..... (here in' ') above that the saving applies to sums, recoverable under the repealed act or the indian income tax act, 1922, which would not include the disputed interest. moreover, the tax recovery officer is a creature of the new statute, the income tax act, .1961, and his power of recovery and procedure for the same are governed by schedule ii ..... . before us, in support of the rule, mr. pal has relied on section 16(a) of the public demands recovery act, read with section 297(2)(j) of the income tax act 1961, and his contention is that this demand for interest and cost is sufficiently warranted and authorised by the above provision of the ..... ultimate conclusion is concerned, that the same cannot be recovered by the tax recovery officer, is correct.5. section 297(2)(j) of the income tax act, 1961, saves recovery of 'any sum' payable by way of income-tax, super-tax, interest, penalty or otherwise under the repealed act....' and also saves 'any action already taken for the recovery of ' .....