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Chhathu Ram and Others Etc. Etc Vs. Commissioner of Income-tax, Bihar, ...

Court : Supreme Court of India

Reported in : AIR1993SC1505; [1993]201ITR513(SC); JT1993(2)SC430; (1993)2MLJ87(SC); 1993(1)SCALE757; 1993Supp(2)SCC582; [1993]2SCR179

..... of the tribunal but they withdrew them with a view to move the tribunal under section 256(1) of the income-tax act, 1961. they filed their applications accordingly which were treated by the tribunal as applications made under section 66(1) of the 1922 act. the tribunal found that the said applications were barred by limitation and accordingly dismissed the same. it is then ..... prayed for quashing the orders of the tribunal but also asked for quashing the orders of rectification made by the income-tax officer.8. the high court dismissed the writ petitions on the following reasoning: by virtue of section 297 of the 1961 act, all the proceedings including the proceedings for rectification relating to the assessment year 1942-43 must be deemed to have .....

English Electric Company of India Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [1981]132ITR251(Mad)

..... for the purposes of surtax act ?' 3. the reference relates to the assessment years 1964-65, 1965-66 and 1966-67. the assessee filed returns for ..... the companies (profits) surtax act, 1964 , 2. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the depreciation provided in the accounts of the company in excess of the amount allowed as a deduction in the computation of its income for purposes of the income-tax act, 1961, was not a reserve ..... under section 18 of the c.(p.)s.t. act, 1964, read with section 256(1) of the i.t. act, 1961.2. the following questions have been referred :'1. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the income-tax officer had jurisdiction to rectify the assessment under section .....

Phillips India Ltd. (Earlier Vs. Asstt. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2005)92ITD441(Chd.)

..... this appeal of the assessee is relating to the treatment of set-off of mat credit under section 115jaa and charging of interest under sections 234b and 234c of the income-tax act. 1961 3. the relevant facts briefly stated are that the assessee is a company engaged in the sale and manufacture of lamps, fluorescent tubes and glass shells. for the- assessment year ..... section 115ja to which he is eligible under section 115jaa(4). at this stage, it will be relevant to reproduce the provisions of sections 207 and 208 of the income-tax act, 1961 which are as under:- "207. tax shall be payable in advance during any financial year, in accordance with the provisions of sections 208 to 219 (both inclusive), in respect of the total .....

M/S. Actal Vs. M/S. India Infoline Limited

Court : Mumbai

..... which respondent had claimed rs.11,30,177/-. this claim was rejected by the arbitral tribunal. (f) the tds certificates issued under section 194(h) of the income tax act, 1961, can not amount to acknowledgement of liability to pay. the tds had been deducted on the gross amount credited and not on the amount after setting out other party ..... liability by the respondent to pay to the petitioner. the learned counsel appearing for the petitioner placed reliance on the judgment of this court in case of commissioner of income tax vs. qatar airways. the learned counsel made an attempt to distinguish the judgment of this court in the case of s.p. brothers vs. biren ramesh kadakia. ..... contruction company and anr. (2009 (2) bom.c.r. 884). (8) ispat industries ltd. vs. baby samuel and co. (2009(2) bom.c.r.784). (9) commissioner of income tax vs. qatar airways (2011) 332 itr 253 (bom). (10) state bank of saurashtra vs. ashit shipping services (p) ltd. (2002) 4 supreme court cases 736). (11) rajendar singh .....

Commissioner of Income-tax Vs. Saswad Mali Sugar Factory Ltd.

Court : Mumbai

Reported in : (2001)168CTR(Bom)337; [2001]249ITR756(Bom)

..... determination :'whether, on the facts and in the circumstances of this case, the assessee was entitled to claim interest as per the amended provisions of section 214(1a) of the income-tax act, 1961 ?'4. arguments :learned senior counsel for the department contended that, in the present matter, the order of regular assessment was passed on july 25, 1983. he contended that section 214 ..... . in other words, the assessing officer passed the order giving effect to the order passed by the commissioner of income-tax (appeals) after the taxation laws (amendment) act, 1984, came into force. by order dated december 4, 1989, passed under section 154 of the income-tax act, the interest granted under section 214 amounting to rs. 90,402 came to be withdrawn. the said amount of .....

Bharat Wagon and Engineering Co. Ltd. Vs. Union of India (Uoi) and ors ...

Court : Patna

..... the order dated march 27, 2002, by which the assistant commissioner of income-tax, circle 2, patna, has amended the earlier assessment order in exercise of power under sections 154 and 155(4a) of the income-tax act, 1961, and investment allowance allowed to the petitioner has been withdrawn for non-utilisation ..... of the same within the statutory time limit. 3. it is an admitted position that the assessment was made and that order of assessment was subject to appeal and the appellate court has finally decided the matter. thereafter, the respondent-assistant commissioner of income-tax ..... in exercise of power under sections 154 and 155(4a) of the income-tax act issued notice to the petitioner to show cause as to why the aforesaid investment allowance be not .....

G. Sreerama Murthy Vs. Income-tax Officer, A-ward

Court : Andhra Pradesh

Reported in : [1974]97ITR290(AP)

..... which he proposed to reopen the assessment of the assessee. after duly considering those reasons given by him, the commissioner of income-tax sanctioned issue of notice under section 151(2) of the income-tax act, 1961. in pursuance of the notice served on the managing partner of the firm, ammi reddy hid filed a return of ..... payable by the firm, although such share is to be be included in his total income for the purpose of determining the rate applicable to his taxable income. however, under section i83(b) of the income-tax act, 1961, the income-tax officer may assess the partners of an unregistered firm in respect of their shares of the firm ..... of the constitution of india, the petitioner seeks a writ or direction prohibiting or restraining the income-tax officer, rajahmundry, from proceeding further in pursuance of notice dated december 11, 1970, issued under section 148 of income-tax act, 1961, proposing to reopen the assessment for the assessment year 1965-66 and requiring him to file a .....

Commissioner of Income-tax, Faridabad Vs. Ghanshyam (Huf)

Court : Supreme Court of India

Reported in : (2009)224CTR(SC)522; [2009]315ITR1(SC); JT2009(9)SC445; 2009(9)SCALE657; (2009)8SCC412; [2009]182TAXMAN368(SC); 2009(6)LC2930(SC)

..... assessment year 1956-57.28. the question is : whether the judgment of this court in hindustan housing (supra) would apply to the present case which arises under the income-tax act, 1961? at the outset, it may be noted that the judgment of this court in hindustan housing (supra) was delivered on 29.7.86. it was prior to 1. ..... compensation or consideration stood enhanced or further enhanced by the court, is deemed income chargeable under the head 'capital gains' of the previous year in which the said amount ..... enhanced compensation during the previous year was also, according to the assessee, not chargeable to tax on the same plea.6. the a.o. did not accept the contentions of the assessee on the ground that in terms of section 45(5) of the income-tax act, 1961 ('1961 act', for short) enacted w.e.f. 1.4.88, the amount by which .....

Additional Commissioner of Income-tax Vs. Dalmia Magnesite Corporation

Court : Chennai

Reported in : [1979]117ITR930(Mad)

..... case, the appellate tribunal was right in law in holding that there was no splitting up or reconstruction of the business within the meaning of section 84(2) of the income-tax act, 1961, and there was no scope for refusing to grant the relief under section 84 for the assessment year 1962-63 ?' t.c. no. 180 of 1974 : 'whether ..... the appellate tribunal was right in law in holding that there was no splitting up or reconstruction of the business within the meaning of section 84(2) of the income-tax act, 1961, and there was no scope for refusing to grant the relief under section 84 for the assessment years 1963-64 and 1964-65 ?' t.c. no. 147 ..... allowed therein ? whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the income-tax officer's rectification order was really one under section 155(5) of the income-tax act, 1961, and that, therefore, the assesee's appeal against such order was competent and maintainable in law ?' t.c. no. 240 of .....

income-tax Officer Vs. K. Ravindranathan Nair

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1992)41ITD462(Coch.)

..... to first allow the investment allowance in the year in which it is claimed and then withdraw the same by having resort to the provisions of section 155 of the income-tax act, 1961. that cannot be done by having recourse to the proceedings under section 147 in respect of the very same year. in other words, he felt that the withdrawal ..... purposes. as and when the loan is returned to the trust, it will be treated as income of that year.we take aid of this circular of the board of direct taxes though it was in the context of section 11 of the income-tax act, 1961 only for the limited purposes of the treatment to be accorded to the loans and advances when ..... sold or otherwise transferred and, therefore, the conditions envisaged in section 155(4a) of the income-tax act, 1961 do not apply in the case of jyothi. jyothi was lost in the high seas but not sold or otherwise transferred. thus, we uphold the order of the cit (appeals).5. in ita no. 142(coch.)/1987 the revenue is aggrieved against the .....