Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: kolkata Page 22 of about 10,190 results (0.132 seconds)

Simon Carves India Ltd. Vs. Income-tax Officer and ors.

Court : Kolkata

Reported in : (1986)54CTR(Cal)178,[1986]159ITR167(Cal)

..... no. 187 dated december 23, 1975 : [1976]102itr83(mad) in particular, clause (vi) thereof, is inconsistent with the provisions of section 80-o of the income-tax act, 1961, for not granting approval, then, to that extent, the said circular may be declared void by this court as admittedly the circular cannot override the provisions of the ..... annexure ' k ' to the writ petition, inter alia, runs as follows :' the board regret their inability to accord approval under section 80-o of the income-tax act, 1961, to the above-mentioned agreement, inter alia, for the reason that the loaning of the services of engineers and draughtsmen for service abroad is not a technical ..... circular no. 187 dated december 23, 1975 : [1976]102itr83(mad) , which has given power to the central board of direct taxes to refuse grant of approval, under section 80-o of the income-tax act, 1961, is set out hereinbelow (at p. 84) :' (vi) agreements for recruitment or mere supply of technical personnel from india for service .....

Prodyut Kumar Dutta and ors. Vs. Competent Authority, Inspecting Assis ...

Court : Kolkata

Reported in : (1981)24CTR(Cal)284,[1982]134ITR42(Cal)

..... other assets which have not been or which ought to be disclosed by the transferee for the purposes of the indian income-tax act, 1922 (11 of 1922), or the income-tax act, 1961 (43 of 1961), or the wealth-tax act, 1957 (27 of 1957); and whereas the reasons for initiating proceedings for the acquisition of the aforesaid property in ..... hereby initiate proceedings for the acquisition of the aforesaid property by the issue of this notice under sub-section (1) of section 269d of the income-tax act, 1961 (43 of 1961), to the following persons, namely :-- transferorsri amar nath sealtransfereesri provat kumar dutta.'4. apart from the said notice, no other materials were produced or ..... notice was given by the iac, which was as follows: .'whereas, i, s. k. chakravarty, being the competent authority under section 269b of the income-tax act, 1961 (43 of 1961), have reason to believe that the immovable property, having a fair market value exceeding rs. 25,000 and bearing no. 105/7b situated at surendra .....

Commr. of Income Tax Vs. A.W. Figgis and Co. and ors.

Court : Kolkata

Reported in : AIR1952Cal677,[1951]20ITR530(Cal)

..... was the same firm that continued throughout, though there was change in the personnel and that being the case we think that under section 25(4) of the indian income-tax act there was succession in 1947 when the private company was formed. therefore, the provisions of that section are attracted and the firm should get the relief in accordance with ..... or the appellate assistant commissioner and this point could not have been taken in view of section 25(4) which i have already set out. the firm was taxed under the income tax act of 1918. there is no dispute as to this fact. if the firm is regarded as a different firm as has been contended by dr. gupta, how could ..... of 1947 when the firm was succeeded by the company. he also drew the tribunal's attention to the definition of 'person' as given in the income-tax act as also in the general clauses act. the tribunal held that reading section 25 as a whole the relief contemplated in that section should be given to the assessee. it was never disputed .....

Swedish East Asia Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1982]133ITR407(Cal)

..... that the assessee might be a company for purposes of the income-tax act by virtue of a declaration made by a general or special order of the central board of revenue under section 2(17) of the income-tax act, 1961, or section 2(5a) of the indian income-tax act, 1922, and that by force of the residuary provision, section ..... 2(9) of the surtax act, only the definition of company as given in the income-tax act must be deemed to have been incorporated into the surtax act but not any general or ..... company' occurring in the charging section and other sections of the surtax act shall have the same meaning as the definition of company ' in the income-tax act. as observed by the learned departmental representative, the definition of 'company' in section 2(17) of the income-tax act, 1961, consists of three parts. any indian company comes under the first .....

Jaymac Lasetron (P.) Ltd. and anr. Vs. Commissioner of Income-tax and ...

Court : Kolkata

Reported in : (2000)164CTR(Cal)366,[2000]245ITR734(Cal)

..... a party who has obtained the property during the course or immediately after the proceeding but before service of notice under schedule ii, rule 2 to the income-tax act, 1961.42. garnishee proceedings are a type of proceedings which are important between a creditor and the persons who step in the shoes of the debtor. there is ..... same, but not otherwise.40. last but not the least, a discussion is necessary in respect of the scope and ambit of the second schedule under the income-tax act, 1961. as i have already stated that the second schedule is almost verbatim reproduction of order 21 of the code of civil procedure, then a question, of course, ..... second party could transfer, sublet or assign its rights in the said premises.5. on november 21, 1983, a notice was issued by the appropriate income-tax authority under section 143(2) of the income-tax act, 1961, in respect of the assessment year 1982-83.6. on september 20, 1984, the second party, as aforesaid, entered into an agreement with .....

Commissioner of Income-tax (Central) Vs. B.P. (India) Ltd.

Court : Kolkata

Reported in : [1979]116ITR440(Cal)

..... of the indian income-tax act, 1922, but the position after the old act was repealed has to be seen both in relation to the provisions of the new ..... under section 25(3) of the indian i.t. act, 1922.4. the assessee preferred an appeal before the tribunal. the tribunal, after referring to the rival contentions of the parties, observed, inter alia, as follows:'it is no doubt true that there is no provision in the income-tax act, 1961, similar to the provisions of section 25(3) ..... for the assessment years 1962-63 and 1963-64, the corresponding previous years having ended on 31st december, 1961, and 28th february, 1962, respectively. the income-tax assessments were completed under section 143(3) of the i.t. act, 1961, on a total income of rs. 58,47,380 and rs. 31,13,458 on 22nd february, 1964, and 23rd march, .....

Commissioner of Income-tax Vs. Katihar Jute Mills (P.) Ltd.

Court : Kolkata

Reported in : [1979]116ITR781(Cal)

..... . if that is the position, then, in our opinion, the tribunal was right in its decision that the lease rent was assessable as business income under section 28 of the i. t. act, 1961.13. as we have mentioned before, it was urged that there is nothing on record to show that there is in the memorandum of association ..... company of its factory or its building were reviewed by this court in the case of everest hotels ltd. v. cit : [1978]114itr779(cal) . this decision was again considered by this court in the case of cit v. prem chand jute mills ltd. (income-tax reference no. 194 of 1970, judgment delivered on 11th december, 1974) [since reported in : [1978]114itr769(cal ..... of letting out. in this connection counsel for the revenue drew our attention to the decision of the madras high court in the case of parry & co. ltd. v. cit : [1951]20itr504(mad) . it appears that the company was authorised to carry on business. that authority was wide enough to include the business of letting out. secondly, the .....

Jubilee Investments and Industries Ltd. Vs. Assistant Commissioner of ...

Court : Kolkata

Reported in : (1999)155CTR(Cal)397,[1999]238ITR648(Cal)

..... the sections in chapter xviib (except section 195) of the income-tax act, 1961. the said assistant commissioner of income-tax, circle 21(1) will also exercise powers vested under sub-sections (1) and (1a) of section 201 and section 221 of the income-tax act, 1961, relating to deductions of tax atsource made by the government of west bengal as per provisions ..... of sections 192, 193, 194, 194a, 194bb, 194c, 194d and 194f of the income-tax act, 1961.'8. the chief commissioner has conferred power on the assistant commissioner of income-tax (tds), circle 21(1), who has ..... with the deposits of t.d.s. finally he imposed the penalty of rs. 3 crores, under section 221 of the income-tax act, 1961.4. learned counsel for the appellant, dr. pal, submits that the assistant commissioner has no jurisdiction to impose penalty under section 221 of the .....

West Bengal State Consumer Co Operative Federation Ltd. Vs. Tax Recove ...

Court : Kolkata

..... the date of receipt of notice. confed was threatened with recovery in accordance with the provisions of sections 222 to section 232 of the income tax act, 1961 and the second schedule to the said act, as well as the rules made thereunder in default of payment. in addition, confed was threatened with liability for interest, costs and ..... the amount would be recovered in accordance with sections 222 to 232 of the income tax act, 1961. 3. by an order of assessment dated 27t h december, 2002, the assistant commissioner of income tax, circle 2, durgapur being the assessing officer assessed panagarh to tax of rs.59,65,344/-. being aggrieved by the aforesaid order of assessment, ..... , has filed this writ petition, inter alia challenging a notice under section 226 (3) of the income tax act, 1961 dated 24t h january, 2011 addressed to the officer-in-charge, confed calling upon him to pay to the tax recovery officer, durgapur, all dues of confed to panagarh cold storage pvt. ltd., hereinafter referred to .....

Gadadhar Dey and anr. Vs. Tax Recovery Officer and ors.

Court : Kolkata

Reported in : [1974]44CompCas514(Cal),[1974]96ITR543(Cal)

..... the meaning of the income-tax act under sections 220 and 222 of the act which have no application so far as the petitioners are concerned. 5. in these ..... for the revenue authorities, has placed reliance on section 179 of the income-tax act, 1961, which is as follows : ' notwithstanding anything contained in the companies act, 1956 (1 of 1956), when any private company is wound up after the commencement of this act, and any tax assessed on the company, whether before or in the course of or ..... liable to be attached and the petitioners have no liability to pay those taxes. 4. it is an admitted fact that the petitioners are not the assessees. it is also an admitted fact that no notices under section 156 of the income-tax act, 1961, were served on them. therefore, the petitioners are not the defaulter within .....