Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Page 24 of about 165,368 results (0.652 seconds)

Food Corpn. of India Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

..... erred in law and on facts in confirming the order made under sections 201(1) and 201 (1a) read with section 194a of the income tax act, 1961, by the income tax officer, tax deduction at sources ward 49(2), new delhi. 2. that the learned commissioner has erred in law and on facts in not accepting the ..... the commissioner (appeals) that without determining the status of the assessee-trust under the provisions of income tax act, 1961 the assessee could not be held to be in default under section 194a of income tax act, 1961 for non-deduction of tax at source for crediting the interest in the accounts of its ex-employees.he further contended that ..... order (supra) of the tribunal without adjudicating the issue regarding the status of the assessee-trust before holding it in default under section 194a of income tax act, 1961. learned authorised representative for the assessee further contended that since the various judicial authorities have held the status of such assessee-trusts as individuals the .....

Gangabani Mercantile and Finance (P.) Ltd. and anr. Vs. Commissioner o ...

Court : Guwahati

..... i shall be constrained to take recovery measures as per various provisions of sections 222 to 232 of the income-tax act, 1961, and also as per second schedule to the income-tax act, 1961.hope you will co-operate in the matter.yours faithfully, (sd.) s. r. dutta,tax recovery officer-4, guwahati.' 3. the challenge has been made on the ground that under section 225/226 of ..... the income-tax act, the tax recovery officer is the competent authority to grant instalments and he being a quasi-judicial authority, he cannot .....

Mangilal S. JaIn Vs. Cit and anr.

Court : Karnataka

Reported in : (2002)175CTR(Kar)347

..... any law for the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified hereunder, namely :(a) where the tax arrear is payable under the income tax act, 1961 (43 of 1961),(i) in the case of a declarant, being a company or a firm, at the rate of thirty-five per cent of the disputed ..... by the courtpetitioner is an assessee under the income tax act, 1961 (hereinafter referred to as 'the act'). for the assessment year 1995-96 (accounting period ended 31-3-1995), the appellant filed his return on 26-3-1997, declaring a total income of rs. 2,59,030. his return was processed under section 143(1)(a) on 27-9-1997. as it was a survey case .....

Bharti Airtel Ltd. And Anr. Vs.uoi and Anr.

Court : Delhi

..... styled similarly on the same ground was issued for fys 2001-2002 to 2006-2007.3. the issue raised in this petition is whether section 201 of the income tax act, 1961 (hereinafter the act ) would also apply to payments made to non-residents . a second issue is whether the impugned notices are barred by limitation. in other words, whether, ..... is in this sense that we hold that integral inseparable code. hence, the provisions relating to tds applies only to those sums which are chargeable to tax under the income- tax act. if the contention of the department that any person making payment to a non-resident is necessarily required to deduct tas then the consequence would be that ..... sudden treatment of one category as belonging to another class, sub-serves no nexus with the object sought to be achieved by the enactment, i.e. the income tax act.7. counsel for the assessee further urged that the reasons that persuaded the court to hold that show cause notice is to be issued in reasonable time, for .....

Shaji Poulose Vs. The Institute Of Chartered Accountants Of India

Court : Supreme Court of India

..... representation, ventilation or any grievance from any member of the appellant association in respect of the existing guidelines which deals with section 44 a(b) of the income tax act, 1961. mr. poddar further submitted that in case, the appellant receives any representation against such existing guidelines, the highest body of the appellant will consider it and ..... nature of certiorari or any other appropriate writ, order or direction and quash and set aside chapter vi of ext p2, which deals with tax audit assignments under section 44ab of the income tax act 1961. (c) to call for records leading to exhibit p3, exhibit p7 and exhibit p9 and issue a writ in the nature of ..... the guidelines dated 08.08.2008, he shall be deemed to be guilty of professional misconduct under the 1949 act. clause 6 is extracted as under: chapter vi tax audit assignments under section 44ab of the income-tax act, 1961 6.0 a member of the institute in practice shall not accept, in a financial year, more than the .....

Parikh Engineering and Body Building Co. Ltd. and anr. Vs. Union of In ...

Court : Patna

..... support of the claim because at the stage of section 143(1)(a), the assessee has no such opportunity. 21. the court held that under section 154 of the income-tax act the power of rectification of an intimation under section 143(1)(a) is co-terminous with the power to make prima facie adjustments under that section. the court in this ..... i may again mention that it is their definite case that the book profit had been computed in accordance with the relevant provisions of the companies act, as required under section 115j of the income-tax act. however, in view of my conclusions on the point of jurisdiction of the assessing officer to make correction of the intimations or the assessment orders in ..... be deemed to be an amount equal to 30 per cent, of such book profit. the assessee is required first to compute the total income in accordance with the income-tax act, and if it is less than 30 per cent, of the book profit, then, it has to prepare a profit and loss account under sub-section (1a) for .....

Commissioner of Income Tax Vs. Satya Narain.

Court : Punjab and Haryana

Reported in : (1997)143CTR(P& H)17

..... related to the assessment of the total income of the firm. after assessing the total income of the firm, the income-tax payable by the firm itself is to be determined and the share of each partner in the income of the firm is to be included in his total income and assessment to tax accordingly. sec. 247 of the act provided for an appeal by a partner ..... n. k. agrawal, j. :the following question of law has been referred at the instance of the cit by the tribunal under s. 256(1) of the it act, 1961 (for short, 'the act') :'whether, on the facts and in the circumstances of the case, the tribunal erred in law in holding that the assessment order passed by the ito for the asst. yr. .....

Executive Engineer, Pwd Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Amritsar

..... . we have heard the parties and have perused the material on record.in this case, the issue is of levy of interest under section 201(1a) of the income tax act, for late deposit of tds. the default of the assessee is admitted, though the same has been stated to have been committed due to the assessee's bona ..... 2002-03. the assessee claims that interest under section 201(1a) of the income tax act, which was not originally claimed by the authorities, has erroneously been demanded while passing the order under sections 201(1) and 201(1a) read with section 194c of the act, without issuing any show cause notice, whereas no such interest is chargeable from ..... showing the amounts of tds deducted from them for financial years 2001-02 and 2002-03, and seeking, under the right to information act, 2005, to be supplied information about the amount of income tax refunded to the said contractors and the amount of interest paid by the it department to the contractors while refunding the said amount; that .....

Co-op. Banks and Societies Employees' Federation, Maharashtra and othe ...

Court : Mumbai

Reported in : 1988(1)BomCR386; (1988)IILLJ484Bom

..... and not the actual liability cannot be accepted. the liability of chargeability of tax depends upon the relevant provisions of the act and in this case the income tax act. when the income tax act in terms declares that no income tax is chargeable in view of section 80-p of the income tax act, then in our view section 6(c) is not applicable to such a ..... section 6(a) which lays down that any amount by way of depreciation admissible in accordance with the provisions of sub-section (1) of section 32 of the income tax act, could be deducted from the gross profit as prior charge. however, it is contended by miss buch, the learned counsel appearing for the petitioners, that in this ..... case depreciation is claimed at a higher rate than the one permissible under the income tax act. it is observed by that tribunal in para 22 of its award that the union had not challenged the correctness of the entries in the annual report of .....

Om Prakash Katyal and ors. Vs. Union of India (Uoi)

Court : Patna

..... special court, economic offences, patna, taking cognizance of the offence under section 276b of the income-tax act, 1961.2. mr. t.r. rahman, income-tax officer, ward no. 2(1), patna, filed a petition of complaint duly authorised by the commissioner of income-tax-i, patna, against m/s. iceberg industries limited and its three partners who are petitioners ..... court, economic offences, patna. the presiding officer after perusal and consideration of the complaint petition took cognizance of the offence under section 276b of the income-tax act against the accused persons and ordered to issue notice/summons under the impugned order dated december 2, 2006.3. learned lawyer for the petitioners submits that ..... tds amount was deposited on september 1, 2005. a show-cause notice was served upon the accused as to why the proceedings under section 276b of the income-tax act be not initiated. it is alleged that the company, accused no. 1 and its directors, accused nos. 2, 3 and 4, failed to deposit the .....