Court : Mumbai
Reported in : (1949)51BOMLR287
..... in british india in the same manner as in the like case any other person would be liable.(2) for the purposes of the levy and collection of income-tax under the indian income-tax act, 1922, in accordance with the provisions of sub-section (1), any government to which that sub-section applies shall be deemed to be a company within the ..... in british india in the same manner as in the like case any other person would be liable.(2) for the purposes of the levy and collection of income-tax under the indian income-tax act, 1922, in accordance with the provisions of sub-section (1), any government to which that sub-section applies shall be deemed to be a company within ..... in british india in the same manner as in the like case any other person would be liable.(2) for the purposes of the levy and collection of income-tax under the indian income-tax act, 1922, in accordance with the provisions of sub-section (1), any government to which that sub-section applies shall be deemed to be a company within .....
Tag this Judgment!Court : Rajasthan
Reported in : [1970]78ITR120(Raj)
..... , the matter has been reconsidered by the board in consultation with the ministry of law. under section 271(1)(i) of the income-tax act, 1961, the penalty is to be 2% of the tax, if any, payable by the assessee. section 219 of the income-tax act, 1961, makes it clear that any sum, other than penalty or interest, paid by or recovered from the assessee as advance ..... :'whether, on the facts and in the circumstances of the case, the penalty imposed under section 271(1)(a) of the income-tax act, 1961, could validly be reduced from rs. 4,380 to rs. 200 ?'4. in reference no. 31/66 (commissioner of income-tax v. shankarlal naraindas, [1970] 76 i.t.r. 642 (raj.)) made by the said tribunal we have held that for .....
Tag this Judgment!Court : Rajasthan
Reported in : [1970]76ITR642(Raj)
..... by the board in consultation with the ministry of law. under section 271(1)(a)(i) of the income-tax act, 1961, the penalty is to be 2% of the tax, if any, payable by the assessee. section 219 of the income-tax act, 1961, makes it clear that any sum, other than penalty or interest, paid by or recovered from an assessee ..... court:'whether, on the facts and in the circumstances of the case, the penalty of rs. 4,78.12 imposed under section 271(1)(a) of the income-tax act, 1961, was legally and validly reduced to a sum of rs. 1,000 only?'3. for deciding this question we have to consider the provisions of section 28 ..... delhi, bench 'c' (hereinafter called 'the tribunal'), has made this reference under section 256(1) of the indian income-tax act, 1961 (hereinafter called the 'new act').2. notice under section 23(2) of the income-tax act, 1922 (hereinafter called the 'old act'), was served on messrs, shankerlal naraindas (hereinafter called 'the assessee') on 24th october, 1958, for filing the return .....
Tag this Judgment!Court : Chennai
Reported in : [1973]91ITR101(Mad)
..... that the only point urged before me by the counsel appearing in this batch of writ petitions is that section 139(1), proviso (iii)(a) and (b), of the income-tax act, 1961, is ultra vires because the same is discriminatory in character and, therefore, violative of article 14 of the constitution of india. it is not in dispute that in these ..... of the proviso.22. in the result the petitioners cannot succeed on the ground that the provisions of section 139(1), proviso (iii) (a) and (b) of the income-tax act, 1961, are ultra vires ; but they would be entitled, on a reasonable interpretation of the text of the clause, to the credit for advance ..... b). in the light of these provisions, the contentions of the parties have to be considered.4. when the income-tax act, 1961, was passed, the proviso to section 139(1) was introduced. this was based upon the report of the direct taxes administration enquiry committee. while dealing with the power of the assessing authority to grant extension of time to file .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2007)108ITD577(Mum.)
..... years and the assessments were completed on the basis of the returns subsequently, re-assessment proceedings were taken under section 34 of the indian income tax act, 1922 {analogous to section 147 of the income tax act, 1961, on the ground that interest income had escaped assessment the relevant lacts of this case after the commencement of re-assessment proceedings are stated at page 7 14 of the ..... assessment years with clear understanding that no penalty proceedings under section 271(1)(c) of income tax act, 1961 will be initiated and / or levied and no prosecution under income tax act, 1961 will initiated. thus, this offer is a conditional offer. you will also waive interest leviable under section 234b and 234c of income tax act, 1961.7. on the basis of these returns, the assessing officer completed the assessment, wherein .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1987)21ITD545(Ahd.)
..... would be fully entitled to repayment under the general law of partnership. that is why we stated earlier that when the penalties for concealment of income under the income-tax act are deleted similar penalties on similar facts would only be consequential in nature required to be decided accordingly. but this would not follow where ..... passed by the authorities below and the relevant material to which our attention was drawn. it is an admitted position that penalties levied under the income-tax act for concealment of particulars were deleted by the itat. therefore, prima facie the issue under consideration is merely consequential especially when the penalties are deleted. ..... assessee is contractual giving rise to respective rights and obligations inter se as also in relation with the outside world yet under the income-tax act the benefit of registration was not granted only because various conditions required to be satisfied regarding the genuineness of the partnership firm viewed from the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1989)31ITD29(Delhi)
..... case inasmuch as we have adjudicated the assessee's contentions regarding it being outside the ambit of the taxing provision of income-tax act, 1961, that the contributions could not be said to be voluntary and that the income-tax act does not take within its purview scientific research institution as taxable entities, we like to deal with ..... endorsed to this council regarding the recognition of national agricultural cooperative marketing federation of india ltd., new delhi under section 35(1)(ii) of the income-tax act, 1961. the application has been examined in the council and it is observed that the institution has not yet set up the infrastructure facilities. it is ..... research, krishi bhawan, new delhi, that the latter's application for recognition of associated agricultural development foundation of india under section 35(1)(ii) of the income-tax act, 1961 had been forwarded to the indian council of agricultural research, new delhi.15. next comes the crucial letter no. f. no. 16(7)/77-con .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Reported in : (2005)2SOT838(Chennai)
..... the assessee is that under section 3(3)(c) of the interest tax act, interest cannot be levied on interest. now we are concerned with the income tax act and not the interest tax act. we have to interpret the law as provided in the income tax act. when the income tax act provides for levy of interest in respect of interest levied under sections 217 ..... only issue arises for our consideration is whether there can be any levy of interest under section 220(2) of the income tax act in respect of interest levied under sections 217and 234b of the income tax act. according to the learned counsel for the assessee, there cannot be any levy of further interest on the interest levied under ..... the sum payable.since the assessee has not paid the specified sum in the demand notice the assessing officer levied interest under section 220(2) of the income tax act. the assessee is challenging the levy of interest under section 220(2) on the ground that interest on the interest cannot be charged. in other words, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2005)96TTJ(Delhi)1
..... given careful thought to the submissions advanced before us by the parties. we have also examined the relevant statutory provisions of the indian income-tax act, 1922 (old act) as also of the income-tax act, 1961 (new act) to which our attention was drawn. we have also considered the case law cited before us. it is an admitted position that ..... the issues involved, a request was made to the hon'ble president to refer the matter to a special bench under section 255(4) of the income tax act, 1961 (the act). the president, i.t.a.t after considering the facts and circumstances of the case, decided to constitute a special bench.the following question was ..... ", we refer to the following comparative provisions of the two acts i.e. old and new:the indian income-tax act. 1922. income-tax act, 1961.section 22(1) the income-tax officer section 139(1) every person, if his totalshall, on or before the 1st day of may income or the total income of any otherin each year, give notice, by publication person .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2007)105ITD414(Mum.)
..... is directed against the order of the learned commissioner of income-tax (appeals) on the following ground: the cit(a) has erred in confirming the levy of interest under section 234a of the income-tax act, 1961 from july 2000 to november 2000 of rs. 64,207/- without considering the self assessment tax of rs. 8,30,000/- paid on 30.06. ..... 2000 by the appellant before the date of filing the return of income i.e. 23.11.2000.2. the assessee is ..... c and more specifically section 211 of the income-tax act and hence cannot be construed as "advance tax" in terms of the statutory definition assigned to it under sub-section (1) of section 2 of the income-tax act.6. sub-section (1) of section 2 of the income-tax act defines "advance tax" to mean "advance tax payable in accordance with the provisions of .....
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