Court : Delhi
Reported in : (2001)69TTJ(Del)859
..... and upheld by the commissioner (appeals) be quashed.'2. as is manifest, the challenge by the assessed is to the levy of interest under section 234b of the income tax act, 1961. in order to appreciate the point of controversy, the factual matrix of the case may be stated thus. the assessed is a warehousing corporation set up under the ..... (relied by learned counsel for the assessee) is relevant. i am reproducing the relevant portion of head note which reads as under :'sections 234a and 234b of the income tax act, 1961, are not penal in nature and, thereforee, no element of arbitrariness or violation of rules of natural justice can be imputed to them. they merely provide for payment of ..... the facts and in the circumstances of the case, the assessed could be said to be liable to pay advance tax under section 208 of the income tax act, 1961, so as to be liable to interest under section 234b of the act for its failure to pay the same .'2. i have heard the rival submissions in the light of material .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)1GLR67; [1990]182ITR413(Guj)
..... 6. the main thrust of the argument of mr. vakil is in respect of the show cause notice issued under rule 73 of the second schedule of the income-tax act, 1961. mr. vakil states that the notice issued is defective since is has not spelt out as to under which clause and for what reasons and purpose such a notice ..... : [1971]81itr397(cal) . in that case, the calcutta high court observed (headnote) : 'under section 220(6) of the income-tax act, 1961, the income-tax officer should keep a demand in abeyance 'so long as the appeal remains undisposed of'. the income-tax officer has discretion, for good reasons, not to grant any stay at all, he has also the power to impose such conditions ..... proceedings that the impugned show cause notice dated april 12, 1986, which is at annexure 'a' was issued under rule 73 of the second schedule of the income-tax act, 1961, to show cause as to why a warrant of arrest should not be issued by respondent no. 1. in view of these facts, the petitioner states that as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal19,[1968]67ITR56(Cal)
..... quoted and considered above.27a. then mr. mitter for the assessee fell back upon the decision of the supreme court in commissions of income-tax, bombay v. abdullabhai ahdulkadar : [1961]41itr545(sc) that no doubt was an income-tax act case and under section 10 thereof. the passage on which mr. mitter relied is from the judgmenl of kapur j., at pages ..... pal for the commissioner of income-tax may be summarised briefly. he criticised the basic assumption made in the judgment ..... no pronounce-ment on whether all sales tax was at all deductible or not it must also be borne in mind that the case of s.r.v.g press co : [1961]42itr219(sc) was a case under excess profit tax act and the rules connected therewith and was not a case for deduction under income-tax act.22. the criticism of mr. .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]77ITR704(Cal)
..... the purpose of assessing the taxable income, the difference between the written ..... in the income-tax assessment for the purpose of computing the net wealth under section 7 of the wealth-tax act.11. again in commissioner of income-tax v. bipin chandra maganlal & co. ltd., : [1961]41itr290(sc) , shah j. observed, at page 295 :'in computing the profits and gains of a company under section 10 of the act (income-tax act) for ..... given in the balance-sheet by the company was that there was paucity of profits. the tribunal came to the conclusion that normal depreciation allowed under the income-tax act is a reasonable measure of wear and tear of plant, machinery and buildings, etc., for the purposes of business. it, therefore, came to the .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]111ITR277(Cal)
..... in this reference.6. thereafter, at the instance of the revenue the tribunal referred the question of law set out hereinbefore under section 66(1) of the indian income-tax act, 1922, to the high court.7. the short point that arises for consideration in this reference is whether the advance made to the assessee in the assessment ..... . ltd., in the accounting year relevant to the assessment year 1952-53, could be treated as dividend within the meaning of section 2(6a)(e) of the indian income-tax act, 1922, and that accordingly only rs. 1,001 out of the total advance of rs. 29,563 made by the said company to the assessee in the said ..... year under consideration, viz., assessment year 1955-56, under section 2(6a)(e) read with section 12(1b) of the indian income-tax act, 1922. while considering section 2(6a)(e), sabyasachi mukharji j. in the case of commissioner of income-tax v. bhagwat tewari : [1976]105itr62(cal) , observed as follows :'the section speaks of 'any payment' meaning thereby every .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]114ITR85(Cal)
..... circumstances of the case, the income-tax appellate tribunal was justified in merely setting aside the order charging interest under section 216 of the income-tax act, 1961, and sending the issue back to the income-tax officer for consideration instead of annulling the order altogether after having held that the ..... , the tribunal set aside the order and then directed, 'send back the matter to the income-tax officer for fresh consideration in the light of the above observations.'5. upon this under section 256(1) of the income-tax act, 1961, the following question has been referred to this court:'whether, on the facts and in the ..... sabyasachi mukharji, j. 1. we are concerned in this reference with the assessment years 1969-70 and 1971-72. the income-tax officer issued a notice under section 210 of the income-tax act, 1961, to the assessee during the financial year 1968-69, demanding payment of rs. 3,61,000. thereupon, the assessee filed an estimate .....
Tag this Judgment!Court : Kerala
Reported in : [2009]180TAXMAN444(Ker)
..... i have pointed out, the counsel for the revenue argues that since the adjustment itself has been made the subject-matter of a revision under section 264 of the income-tax act, which has been repelled by the revisional authority by ext.r(b) order, the petitioner having not challenged that order, cannot now raise a contention that the ..... , which is illegal according to the petitioner, in so far as before making the adjustment of the refund no prior intimation as stipulated in section 245 of the income-tax act was issued to the petitioner.2. after passing of ext.p3 order, the tribunal without reference to ext.p3 order, allowed the petitioner's appeal against the assessment ..... the refund of rs. 22,00,000 due to the petitioner in respect of subsequent assessment years. that adjustment of refund was made under section 245 of the income-tax act, by ext.p5 and similar orders dated 7-9-1998. against those orders, the petitioner filed revision dated 26-11-1998 before the respondent herein, which is .....
Tag this Judgment!Court : Kerala
Reported in : (1996)134CTR(Ker)398; [1997]224ITR228(Ker)
..... court in jamshedpur motor accessories stores v. union of india : [1991]189itr70(patna) have taken the view that the proviso to section 43b of the income-tax act, 1961, incorporated by the finance act, 1987, with effect from april 1, 1988, relates back to the date when section 43b came into operation, i. e., from april 1, 1984 ..... consideration is whether the tribunal is justified in holding that the amount of sales tax remaining unpaid on march 31, 1986, could be allowed under the provisions of section 43b of the income-tax act, 1961. section 43b of the income-tax act, 1961, was inserted by the finance act, 1983, with effect from april 1, 1984. in respect of the items ..... of the assessee under section 256(1) of the income-tax act, 1961. the following three questions were referred to this court for its decision :' 1. whether, on the facts and circumstances of the case, the tribunal is justified in holding that the amount of sales tax remaining unpaid on march 51, 1986, could be disallowed .....
Tag this Judgment!Court : Rajasthan
Reported in : (1987)64CTR(Raj)312; [1987]167ITR306(Raj)
..... assessee after the financial year had ended as advance tax paid within the meaning of sections 207 to 213 of the income-tax act, 1961 ?'2. the relevant assessment year is 1965-66. the assessee is a public limited company ..... .1. this is a reference under section 256(1) of the income-tax act, 1961 (for short 'the act'), for answering the following question of law :'whether, on the facts and in the circumstances of the case, the tribunal is right in holding that the assessee was entitled to interest under section 214 of the income-tax act, 1961, treating the payment of rs. 11 lakhs paid by the .....
Tag this Judgment!Court : Chennai
Reported in : [2006]280ITR357(Mad)
..... approval under section 36(1)(viii) of the income-tax act was not disposed of by the central board of direct taxes. the commissioner of income-tax (appeals) upheld the action of the assessing officer. aggrieved by the same, the assessee preferred an appeal before the ..... year involved in the appeal is 1998-99. the assessee is a charitable trust enjoying the exemption under section 11 of the income-tax act. the assessing officer brought to tax the investments made by the assessee in m/s.india housing finance and development limited in respect of which the renewal application for its ..... , the assessee has preferred the appeal and raised the following substantial question of law:'whether on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in dismissing the appeal filed by the assessee as barred by limitation?'2. the assessee is the appellant. the assessment .....
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