Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Page 26 of about 165,368 results (0.560 seconds)

inder Raj Malik and Others Vs. Jayanti Films (India) Pvt. Ltd. and Oth ...

Court : Punjab and Haryana

Reported in : (1994)119CTR(P& H)10; [1994]208ITR486(P& H)

..... named as jay cinema, along with land appurtenant thereto, situated in khasra no. 571, old railway road, gurgaon, in accordance with part iii of the second schedule to the income-tax act, 1961.on august 27, 1975, smt. sudershan malik, wife, inder raj malik, sanjiv kumar, sons, and janak raj malik, respondents nos. 5 to 8, respectively, entered into ..... sale. but, it is not even the case of the plaintiffs that they had moved such an application.rule 9 of the second schedule to the income-tax act, 1961, provides a general bar to the jurisdiction of the civil courts, save where fraud is alleged. it reads as under :'9. except as otherwise expressly provided ..... taking the same in the civil court.on behalf of the income-tax authorities, it was averred that in view of rule 11 of the second schedule to the income-tax act, 1961, the suits were not maintainable. the plaintiffs had a statutory right to file objections under the income-tax act before approaching the civil court. the property in dispute was owned .....

Hotel Horizon P. Ltd. Vs. Secretary to the Department of Tourism and O ...

Court : Delhi

Reported in : (1989)73CTR(Del)136; [1989]175ITR284(Delhi)

..... can be given with effect from the date of the first application.learned counsel for the petitioner has vehemently argued that the aforesaid provisions in the income-tax act were brought on the statute book only to give incentives for constructing new hotels which are to cater to foreign tourists to enable the country to earn ..... , ministry of tourism, praying that approval may be granted to the petitioner to enable the petitioner to have to the benefits of the aforesaid provisions of the income-tax act. according to the petitioner, no reply was received to this letter and after the assessment order was made, the petitioner again sent a letter dated october 27 ..... the authorities concerned and a quarterly progress report regarding the construction of the hotel to be sent to the department. parliament had made amendments in the income-tax act for giving certain concessions and reliefs to the hotel industry which was to be set up for encouraging tourism and with a view to augment foreign exchange .....

income-tax Officer, B-ward and anr. Vs. K.P. Varghese

Court : Kerala

Reported in : [1973]91ITR49(Ker)

..... for not effecting the transfer of the property within that period.' 27. i am not prepared to make good the absence of similar provisions in the income-tax act, 1961, by judicial legislation. i find no warrant for the proposition that because the difference between the market value and the consideration paid would constitute a gift ..... itself, i.e., the transaction used for transmission of title that is assessed under the gift-tax act. so understood, there is no question of double taxation.30. in view of my finding that section 52 of the income-tax act, 1961, must be read along with sections 45 and 48 to give it free play and to prevent ..... passed against the writ petitioner. the writ petitioner was assessed to income-tax for the assessment year 1966-67. by exhibit p-i notice issued under section 148 of the income-tax act, 1961, he was informed that his income had escaped assessment within the meaning of section 147 of the act and that a reassessment was proposed. after the petitioner filed .....

In Re: Giovanola Binny Ltd. (In Liquidation); Vs. Official Liquidator

Court : Kerala

Reported in : [1990]67CompCas441(Ker); [1990]182ITR134(Ker)

..... be necessary. a full bench of the kerala high court in. imperial chit funds ltd, (in liquidation) v. income-tax department : [1979]116itr176(ker) , held that (headnote) : the effect of section 178(3)(b) of the income-tax act, 1961, is that 'the amount 'set aside' by the liquidator of a company is marked off as being outside the ..... pursuant to the certificate granted by that bench, is pending before the supreme court. it is clear that neither section 178 of the income-tax act nor any provision in the companies act confers priority to income-tax in winding-up proceedings. the preferential payment provided under section 530(1)(a) is limited and is subject to the provisions of section ..... assessing officer is making only an estimate and not passing an order of adjudication. there is no provision to challenge a notification under section 178(2) of the income-tax act. the judgment of the supreme court in kondaskar (s. v.) v. deshpande (v. m.), ito : [1972]83itr685(sc) , where it was held as .....

Asian Techs Ltd. Vs. Deputy Commissioner of Income-tax and Another.

Court : Kerala

Reported in : (1995)125CTR(Ker)438; [1995]213ITR378(Ker)

..... by the punjab and haryana and the delhi high courts are under challenge before the supreme court and the decision therein cannot be relied upon.section 244(1a) of the income-tax act, 1961, lays down as follows :'244. (1a) where the whole or any part of the refund referred to in sub-section (1) is due to the assessee, as ..... grant interest under section 132b(4). this court held as follows (headnote) :'the cumulative effect of sections 132(5), 132b(1) and (4) of the income-tax act, 1961, is that the person from whom money or other assets converted into money is retained after seizure is entitled to interest at 12 per cent. per annum on ..... /89-90/l, prays for a declaration that the petitioner-company is entitled to interest under section 244(1a) of the income-tax act, 1961, on the excess amount adjusted from advance tax paid by the petitioner and treated as tax paid pursuant to the order of assessment and became refundable to the petitioner consequent to the appellate orders.the petitioner is a .....

Commissioner of Income-tax Vs. Vijay Ship Breaking Corporation

Court : Gujarat

Reported in : [2003]261ITR113(Guj)

..... interest payments and if it was not so deducted, then calling upon them to show as to why the provision of section 40(a)(i) of the income-tax act, 1961 ('the act' for short), should not be invoked in the assessee's case and why the entire interest paid outside india should not be disallowed in the course of ..... activity of manufacture or production of any article or thing for the purposes of availing of the benefit of deductions under sections 80hh and 80-i of the income-tax act, 1961. the tribunal was, therefore, wrong in holding that ship breaking activity gives rise to manufacture and production of altogether new articles or things and in allowing ..... of the agreement, wait for the long process of having the matter assessed and then tested by way of an appeal, etc., under the provisions of the income-tax act, 1961. it was held that, under the circumstances, the existing machinery by way of regular assessment was totally inadequate and unsuitable for the problems that were faced by .....

CADD Centre Vs. Assistant Commissioner of Income-tax, City Circle -II ...

Court : Chennai

..... by a private limited company amounts to transfer of capital assets even when no consideration has been received within the meaning of section 48 of the income tax act, 1961? (c) whether the income tax appellate tribunal is right in law in not giving a finding on a legal issue of re-opening of the assessment which was raised by the ..... 'transfer' in terms of section 47? 2. this appeal has been preferred by the assessee under section 260(a) of the income tax act, 1961, (hereinafter will be referred to as "the act"), challenging the orders passed by the income tax appellate tribunal, in i.t.a. no. 1457/mds/1997 and c.o. no. 133/mds/1997, dated 29.09.2004 ..... transfer under section 2(47), and also section 45(4) and section 47(13) of the income tax act, dealing with capital gains. 13.1 section 2(47) of the income tax act, 1961 (as amended by finance act 2013), dealing with "transfer" reads as under: 2. in this act, unless the context otherwise requires: 1 to 46. .... 47. "transfer", in relation to a .....

State of Kerala and Others Vs. J. Padmavathy AmmA.

Court : Kerala

Reported in : [1990]185ITR176(Ker)

..... 21, 1972. the petitioner in the original petition is the widow of subramanya bhat. ganapathy bhat was an assessee under the kerala agriculture income-tax act, 1950. he was assessed to pay agricultural income-tax for the period up to 1972-73. he committed default. it is for the said amounts due that exhibit p-1 notice was sent ..... come up in appeal.we heard counsel for the appellant, the learned government pleader. admittedly, ganapathy bhat who is an assessee under the agricultural income-tax act is liable to pay arrears of tax. the properties assigned to subramanya bhat, the transferee, can be proceeded against only if the conditions necessary therefor are satisfied, as enjoined in the ..... on the transferor cannot be recovered from him. this is a condition precedent to invoke the proviso to section 23 of the agricultural income-tax act. in the absence of such requisite, recovery proceedings against properties purchased by subramanya bhat and still in the hands of his widow, the respondent .....

Commissioner of Wealth Tax, Delhi and Rajasthan Vs. Ganganagar Sugar M ...

Court : Rajasthan

Reported in : AIR1969Raj310; [1969]73ITR450(Raj); 1969()WLN153

..... of rupees 15,42,000/- for depreciation and he further claimed deduction of rs. 18,14,564/-towards the difference between the depreciation allowance under the income-tax act and the depreciation deducted by the assessee from the value of the assets according to the method of accounting followed by it and the contention raised was ..... assets incorporated in the balance sheet, it is only proper that adjustments should be made in respect of the depreciation due on the assets under the income-tax act for the various years. accordingly the assessee's contention that for working out the valuation of the fixed assets adjustments must be made for the depreciation ..... called the tribunal), referring the following question to this court for opinion:--'whether in the facts and circumstances of the case, adjustment for depreciation due under the income-tax act for the preceding years but not debited to the block account in the balance sheet is in law justified for computing the net wealth of the assessee?'2 .....

Hiralal Vs. Income-tax Officer. Mali Ram V. Collector, BhilwarA.

Court : Rajasthan

Reported in : [1962]45ITR317(Raj)

..... the respective contentions, therefore, we may have to refer to the relevant provisions of those acts as also the income-tax act. section 46 of the income-tax act provides that when an assessee is in default in making payment of income-tax, the income-tax officer may forward to the collector a certificate under his signature specifying the amount of ..... in respectful agreement with these pertinent observations of the learned chief justice.the absence, therefore, of any fresh notice under section 29 of the income-tax act cannot now be pleaded as a bar to the continuation of the proceedings which were initiated against the petitioners for recovery of the amount due ..... , where chakravartti c.j., who delivered the judgment, incidentally emphasised on the necessity of issuing a fresh notice of demand under section 29 of the income-tax act in the circumstances of that case. the learned chief justice himself explained his decision in a later judgment of the said high court in ladhuram taparia .....