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P. Vs. Thyagaraj and Another V. Tax Recovery Officer and Another.

Court : Chennai

Reported in : [1987]165ITR413(Mad)

..... cannot be proceeded against. another contention put forward by the petitioners is that the recovery proceedings themselves are time-barrier under section 231 of the income-tax act, 1961.the first respondent, the tax recovery officer, has filed a counter-affidavit to the effect that the gift deed having come into existence after the proclamation has been issued regarding ..... been assessed in the years 1947-48 to 1950-51 and 1963-64 and 1964-65. in view of the non-payment of the tax, certificates under section 46(2) of the indian income-tax act, 1922, were issued as early as march 26, 1958, and may 19, 1959. based on the said certificates, recovery proceedings had ..... have got an alternative remedy provided by the status. we are, therefore, of the view that the petitioners should go before the tax recovery officer under rule 11 of schedule ii of the income-tax act to challenge the impugned order said to have been passed by the first respondent. therefore, without going into the merits of the .....

Dr. George Mathew Vs. the District Collector

Court : Kerala

..... of august, 2013 judgment the petitioners are justified in their contention based on infopark kerala v. asst. commissioner of income tax [2008 (4) klt 782.that no tax is liable to be deducted under section 194 la of the income tax act. this is because the price of the property offered to be surrendered was fixed by negotiation and not through land ..... acquisition. but it remains to be seen as to whether the tax is liable to be deducted under section 194 ia of the income tax act in view of the decision in the judgment dated 23.8.2013 in w.p.(c) no.20572/2013.2. the property ..... project is situate within the limits of the corporation of cochin and is therefore not an agricultural land in the context. but the tax is certainly liable to be deducted under section 194 ia of the income tax act if the separate sale consideration to the petitioners individually exceed rs.50 lakhs each. respondents 1 and 2 shall therefore deduct .....

Commissioner of Income-tax Vs. Taiyo Gyogyo Kabushiki Kaisha

Court : Kerala

Reported in : [2000]244ITR177(Ker)

..... of the revenue, the following questions have been referred under section 18 of the companies (profits) surtax act, 1964 (in short 'the act'), read with section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the i. t. act'), by the income-tax appellate tribunal, cochin bench (in short 'the tribunal') :'whether, on the facts and in the circumstances ..... on the basis that it is received or deemed to be received by him in india.' the act : '2.(5) chargeable profits.--'chargeable profits' means the total income of an assessee computed under the income-tax act, 1961 (43 of 1961), for any previous year or years, as the case may be, and adjusted in accordance with ..... cargo. gross freight earnings of rs. 2,75,06,151 for shipment of cargo from indian ports were subjected to tax in accordance with the provisions of section 172(4) of the income-tax act, 1961. the assessee being a non-resident company the assessment was made through its indian agents, devshi dhanji khona, cochin. .....

F.K. Hasheeb and Co. Vs. the State of Madras

Court : Chennai

Reported in : [1966]17STC38(Mad)

..... the supreme court was that a wide meaning should be given to section 34 of the indian income-tax act in the matter of assessing income which has escaped liability to income-tax, so as to cover cases in which the income-tax officer had already applied his mind and come to some conclusion.29. these two decisions therefore ..... would come under the category of escaped turnover, on behalf of the assessee, reliance was placed upon the analogous provision, section 34 of the indian income-tax act and the decisions thereunder as to the proper meaning to be given to the words escaped assessment.17. the assessee in that case, therefore, contended ..... kameshwar singh v. state of bihar : [1959]37itr388(sc) , a decision rendered under the bihar agricultural income-tax act of 1938 and the other in maharajkumar v. income-tax commissioner : [1959]35itr1(sc) arising under section 34 of the indian income-tax act.7. learned counsel drew our attention to the judgment of veera-swami, j., in writ petitions nos. .....

Akola Electrical Supply Co. Pvt. Ltd. Vs. Commissioner of Income-tax, ...

Court : Mumbai

Reported in : [1978]113ITR265(Bom)

..... year 1960-61. 11. before we actually deal with the relevant provisions of the indian income-tax act, 1922, and the income-tax act, 1961, a brief reference may be made to the provisions of the electricity act. section 5 of the electricity act contains provisions relating to the circumstances under which the licence of a licensee can be ..... board would discharge a loan advanced by the government to the assessee. for the assessment year 1963-64, the income-tax officer brought to tax as profit under section 41(2) of the income-tax act, 1961, the excess over the depreciated value of the assets. the question was whether the excess was rightly chargeable under section ..... as to permit deduction of expenses incurred in the business. reference was made by mr. munim to sub-section (5) of section 41 of the income-tax act, 1961, whereunder set-off is permissible under the circumstances therein mentioned. he urged that its provisions are of no assistance in interpreting the provisions of section ( .....

Commissioner of Income-tax and anr. Vs. Hyundai Heavy Industries Co. L ...

Court : Uttaranchal

Reported in : (2004)189CTR(Uttranchal)91; [2003]264ITR328(Uttaranchal)

..... of 2003 are mentioned hereinbelow ;facts : hyundai heavy industries company ltd., the assessee, was charged with interest under section 201(1a) of the income-tax act, 1961, for short payment of tax deducted at source from the salary of its employee for the assessment year 1994-95. being aggrieved by the order of the assessing officer, the ..... of free accommodation facility provided by the employer to its employees and the assessing officer was not justified in charging interest under section 201/201(1a) of the income-tax act ?' answer : for reasons given hereinafter we are answering both the questions in the affirmative, i.e., in favour of the assessee and against the department. ..... a perquisite under section 17(2)(iii) and those decisions have not been challenged by the department and therefore interest under section 201(1a) of the income-tax act was not leviable on hyundai heavy industries co. ltd. being aggrieved by the decision of the tribunal, the department has come by way of appeal under .....

The Tax Recovery Officer, Ii, Sadar Nagpur Vs. Gangadhar Vishwanath Ra ...

Court : Chennai

Reported in : 1998(2)CTC677

..... high court reported in : [1989]177itr176(bom) . under the impugned judgment the high court has set aside the attachment levied under rule 11 of the second schedule to the income-tax act, 1961 by the tax recovery officer on an immovable property originally belonging to the assessee (since deceased). the property was claimed by the wife of the assessee (since deceased) and his daughter, original ..... become final. while examining the declaration given in the present case by the income tax officer under section 281 of the income-tax act, the high court had expressly held that by introduction of section 281 in the income tax act, 1961, the legislature had no intention to confer an exclusive power and jurisdiction upon the income tax authorities to decide the questions arising under section 281. section 281 merely declared .....

Gorborandum Universal Ltd., Madras Vs. Union of India

Court : Chennai

Reported in : AIR1966Mad365

..... the central government is satisfied that the petitioners are engaged in the manufacture of one or more of the articles specified in part a of the fifth schedule to the income-tax act, 1961. the petitioners are a public limited company incorporated in 1954, and are said to be engaged during the relevant time in the manufacture of grinding wheels and abrasives, being the ..... that the board of revenue had considered the matter, but it regretted that the request regarding exemption contemplated under the fifth schedule read with s. 99(1)(iv) of the income-tax act 1961, could not be acceded to. there was a further communication on 14-5-1964 from the secretary to the central board of direct ..... of the petitioners for a certificate was made not to the central government, but to the central board of revenue as it figured then. section 99(1)(iv) of the income-tax act 1961 reads:'(1) supertax shall not be payable by an assessee in respect of the following amounts which are included in his total .....

Salzgitter Industrie Bau Gmbh Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : [1990]184ITR7(Bom)

..... it is agreed, can be further narrowed down to the two words used therein, namely, 'money lent'. the expression 'money lent' is admittedly not defined in the income-tax act, 1961. therefore, we have to first as certain the plain dictionary meaning of the words 'money' and 'lent'. according to shorter oxford english dictionary, 'money' means current ..... interest on the unpaid purchase consideration. the indian company had paid interest but had not deducted taxes under section 195 of the income-tax act, 1961. the claim for deduction in respect of interest was disallowed on the ground that the tax was not deducted from interest payments. the question that arose in that context was whether the ..... ingots. it will be illegal and unjustified in our view to extend the meaning of the expression 'money in kind' in section 42(1) of the income-tax act beyond these accredited uses of money accepted, used and recognised as such in the commercial world and in the usual transactions. we, therefore, hold on the .....

Visalakshi Vs. Income-tax Officer, City Circle Ii, Bangalore and ors.

Court : Karnataka

Reported in : [1968]67ITR150(KAR); [1968]67ITR150(Karn)

..... , 1964. 60. under the first proviso, the deposit has to be made either within thirty days of the service of notice of demand under section 156 of the income-tax act, 1961, or by june 30, 1964, whichever is earlier. so, if the period of thirty days after the service of the notice of demand expired before june 30, ..... of the assessment year commencing on april 1, 1963, could be made within thirty days of the service of the notice of demand referred to in section 156 of the income-tax act, 1961, for that year, or by march 31,1964, whichever date was earlier, for march 31, 1964, specified in this proviso, june 30, 1964, weak later substituted. ..... contention was sought to be derived from the interpretation placed upon section 29 of the income-tax act, 1922(xi of 1922), which corresponds to section 156 of the income-tax act 1961 (43 of 1961). on the foundation that these sections authorise a notice of demand when any tax, interest, penalty or fine or the like is payable in consequence of an order .....