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Wealth-tax Officer Vs. B.K. Chatterjee

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1982)1ITD857(Kol.)

..... would not be satisfied in respect of any liability of the assessee for payment of tax of some other persons within the meaning of section 199 of the income-tax act, 1961. consequently, he rejected the contention of the wto that the timely deposit of the tax deducted at source was a duty cast on the assessee in pursuance of the relevant ..... provisions of the act and, therefore, the liability was hit by section 2(m). however, the ..... behalf of the central government and, thus, treat him as an agent of the central government. according to sub-section (2) of section 201 of the income-tax act, the tax deducted but not paid together with simple interest payable thereon, if any, for delayed payment shall be a charge upon all the assets of the person or the .....

Rajesh Jhaveri Stock Brokers Pvt. Ltd. Vs. Assistant Commissioner of I ...

Court : Gujarat

Reported in : (2005)196CTR(Guj)105; [2006]284ITR593(Guj)

..... the respondent issued impugned notice under section 148 of the act. on 31st may, 2004 a return of income declaring the loss at the same figure, as declared in the original ..... today.3. the petitioner, a private limited company filed its return of income for assessment year 2001-2002 on 30th october,2001 declaring total loss of rs.2,70,85,105/-. the said return was processed under section 143(1) of the income tax act, 1961 (the act) accepting the loss returned by the petitioner. on 12th may, 2004 ..... objection may serve as information on the basis of which the income-tax officer can act, ultimate action must depend directly and solely on the formation of belief by the income-tax officer on his own where such information is passed on to him by the audit that income has escaped assessment. in the present case, by scrupulously analysing .....

Annamma Kunjacko Vs. Tax Recovery Officer and Others.

Court : Kerala

Reported in : [1967]64ITR85(Ker)

..... income-tax act, 1922, could be executed by arrest and detention under the income-tax act, 1961. this court held that it could be so executed as all orders and proceedings issued under the act of 1922 must, after the commencement of the income-tax act of 1961, be deemed to have been issued under the latter act. the non-availability of the process of arrest and detention for taxes assessed under the travancore income-tax act ..... , before its repeal by the finance act, 1950, was .....

Cit Vs. Sita Ram Rameshwar Prasad

Court : Rajasthan

Reported in : (2002)175CTR(Raj)168

..... and in the circumstances of the case, the tribunal erred in law in holding that no disallowance was to be made under section 43b of the income tax act, 1961, in respect of outstanding sales-tax liability of rs. 34,576 shown in the balance-sheet at the end of the relevant accounting year as the said liability had been discharged by ..... and in the circumstances of the case, the tribunal erred in law in holding that no disallowance was to be made under section 43b of the income tax act, 1961, in respect of outstanding sales-tax liability of rs. 2,210 shown in the balance-sheet at the end of the relevant accounting year as the said liability had been discharged by ..... and in the circumstances of the case, the tribunal erred in law in holding that no disallowance was to be made under section 43b of the income tax act, 1961, in respect of outstanding sales-tax liability of rs. 9,267 shown in the balance-sheet at the end of the relevant accounting year as the said liability had been discharged by .....

Indian Seamless Enterprises Limited

Court : Mumbai

..... ? 12. at this stage it will also be apposite to notice the definition of dividend ? as contained in the income tax act, 1922 and the income tax act, 1961. the definition of dividend ? contained in the income tax act, 1922 is as follows: "2. in this act, unless there is anything repugnant in the subject or context 6(a) dividend ? includes ? the definition of ..... 07 and ay 2007-08 respectively. iii) penalty proceedings in respect of ays 2006-07 to 2012-13. 29. relying upon section 281 of the income tax act, 1961, the income tax department has contended that the gift of the shares of taal by the petitioner to its shareholders as proposed under the scheme is void. it is ..... shares of taal by the petitioner company to its shareholders constitutes dividend as specifically defined in the various sub-clauses of section 2(22) of the income tax act, 1961. 13. i will first consider the argument of mr. tulzapurkar that the petitioner company is conferred with the widest powers to formulate any kind of .....

Commissioner of Income-tax, Delhi and Rajasthan Vs. Bharat Carbon and ...

Court : Supreme Court of India

Reported in : AIR1966SC1561; [1966]60ITR91(SC); [1966]3SCR170

..... ,916. it is common ground that theassessee had paid advance tax under section 18-a of the indian income tax actto the tune of rs. 36,783/6/- between june, 1946 and march, 1947. this tax waspaid under the indian income-tax act to the income-tax officer, lahore.' 4. the income-tax officer iii, additional business circle, new delhi, by hisorder ..... that what may have beendone by the pakistan authorities in january, 1948, cannot be called aproceeding under the indian income tax act and the fact that the money paid bythe assessee under the indian income tax act may have been seized by thepakistan authorities or disposed of in some other manner, can in no way affectthe right ..... to consider the interpretation of s. 9of the indian independence (rights, property and liabilities) order, 1947. byvirtue of the simultaneous application of the indian income tax act in both thedominions, there was a statutory modification of the incidents of the advancetax paid by the assessee. 14. in the result we hold that .....

Rajasthan Communication Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : [2000]244ITR636(Raj)

..... of 1993 the merits of waiver were not considered at all, but had been dismissed because of non-compliance with certain provisions of section 273a of the income-tax act. in any case, if those provisions of section 273a have been complied with fully or partially, it was fit case where the commissioner ought to havedecided ..... commissioner that the excess payment has been made and thus waiver application be reconsidered.6. the deputy commissioner of income-tax vide its letter dated ]uly 27, 1993, while passing the order under section 154 of the income-tax act had observed that even the calculation of interest (up to that date) has been wrongly made and the ..... annexure-12 dated february 25, 1994, the waiver of interest under section 220(2a) of the income-tax act had been rejected. these two orders are being challenged by the petitioner.7. while exercising powers under section 273a of the income-tax act, the commissioner did observe in the order dated november 25, 1992, that because of the reason .....

Bhawanidas Binani Vs. Commissioner of Wealth-tax

Court : Mumbai

Reported in : [1980]124ITR783(Bom)

..... particular item of income is completely alien to the income-tax act. in fact, it would be wholly inappropriate under the income-tax act to speak of quantification of tax liability on a particular item of income. the charge of income-tax referred to ..... as also against the scheme of the income-tax act. in the first place, the charge under the income-tax act is on the total income of the previous year and not on any particular item of income. section 3 of the indian income-tax act, 1922, as also section 4 of the income-tax act, 1961, do not levy the charge of income-tax on a particular item of income. the concept of a charge on a .....

The Commissioner of Income-tax Vs. Kotak Mahindra Finance Limited

Court : Mumbai

Reported in : (2003)183CTR(Bom)491; [2004]265ITR119(Bom); 2003(3)MhLj876

..... tax. under section 207 of the income-tax act, advance tax is payable during any financial year in respect of the current income. the words 'current income' are very crucial. the words 'current income' refer to computation of total income under the provisions of the income-tax act including section 115j. under section 207 of the income-tax act, the words 'total income ..... ' have been equated to the expression 'current income ..... shall apply. that, section 234b and section 234c have not curved out any exceptions for section 115j of the income-tax act. he, therefore, contended that in this case both sections 234b and 234c are applicable. mr. irani learned counsel .....

Commissioner of Income-tax Vs. Smt. Indermani Jatia

Court : Allahabad

Reported in : [1970]77ITR133(All)

..... & co. referred to above. in that case the assessee was a dealer in securities which constituted its stock-in-trade. the assessee had been charged to tax under the indian income-tax act, 1918, in respect of its business. in the years 1946 and 1947 the assessee had received the sums of rs. 4,13,992 and rs. 1, ..... facts are these. the late ganga sagar jatia carried on business of cotton ginning and commission agency in cotton and he had also income from property and dividends. he was an assessee under the income-tax act of 1918 (act vii of 1918). he died on september 22, 1944, leaving behind him his widow, smt. indermani jatia, but no issues. smt ..... t.p. mukerjee, j. 1. this is a reference by the appellate tribunal, at the instance of the commissioner of income-tax, lucknow, under section 66(1) of the indian income-tax act, 1922, (hereinafter referred to as 'the act'). the statement of the case relates to the assessment year 1945-46. the relevant previous year ended on october 15, 1944.2. .....