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Lankashi Tea and Seed Estates P. Ltd. and anr. Vs. Commissioner of Tax ...

Court : Guwahati

..... or extracting coal or any part of such land, in this act referred to as 'coal mine'. income-tax act, 1961:4. the meaning of the expression 'agricultural income', being relevant in the present context, as provided under section 2(1a) of the income-tax act, 1961 (for short, 'the central act'), may be noted as under:2.(1a) 'agricultural income' means(a) any rent or revenue derived from land which is ..... in the assessment under the income-tax act, 1961:provided further that in case of agricultural income from cultivation and manufacture of tea the agricultural income for the purposes of this act shall be deemed to be that portion of the income from cultivation, manufacture and sale which is agricultural income within the meaning of the indian income-tax act and shall be ascertained by computing the income from the cultivation, manufacture and .....

Godrej and Boyce Mfg. Co. Ltd. Vs. P.K. Gupta, Commissioner of Income ...

Court : Mumbai

Reported in : 2006(1)BomCR840; (2006)202CTR(Bom)308; [2006]284ITR85(Bom); 2005(4)MhLj659

..... submissions, mr. pardiwalla, referred to and relied upon the division bench judgment of our high court, with regard to the interpretation of section 214 of the income tax act in the case of commissioner of income tax v. saswad mali sugar factory ltd. : [2001]249itr756(bom) . in that case, the assessment year was 1980-1981 and the assessment was completed ..... pardiwalla has therefore contended that both the above judgments have very clearly laid down the law as far as section 214 as well as section 244(1a) of the income tax act are concerned. he therefore submitted that based on the said provisions of law, the petitioner is entitled to interest. mr. pardiwalla produced before us two charts showing ..... /-. the inspecting assistant commissioner determined a refund of rs. 1,19,78,111/-together with the interest at rs. 31,14,306/-under section 214 of the income tax act and the amount of rs. 4,80,000/- was also charged as an interest under section 216. the total amount of refund was computed at rs. 1 .....

Seth R. Dalmia Vs. the Union of India and ors.

Court : Delhi

Reported in : ILR1970Delhi85

..... in the circum stances of these cases as required by sub-section (1) of section 151 of the income-tax act, 1961.(5) the challenge in respect of the non-compliance of the provisions of section 181 of the income-tax act, 1961 is that the board as such has not given prior sanction to the issue of notices under section 148 ..... have been filed by shri r. dalmia challenging the validity and legality of notices served on him under section 148 of the income-tax act, 1961 apart from challenging the validity, legality and constitutionality of sections 147 and 148 of the income-tax act, 1961. petitions bearing nos. 663-664 and 665 of 1965 relate to notices served by respondent no. 3, the ..... the notices served by respondent no. 3 were invalid as there was no valid sanction of the central board of direct taxes as was pre-requisite by virtue of the provisions of section 151 of income-tax act, 1961. it is not necessary to discuss all the points raised by the petitioner by way of the challenge to the .....

Commissioner of Income Tax Vs. Shabandari Family Trust

Court : Kerala

Reported in : (2000)162CTR(Ker)394

..... without deduction of tax at source as stipulated in section 194a of the income tax act, 1961. hence letters were issued to the assessee. the assessee's representative in his reply, it is stated that the assessee is a specific ..... was paid to 19 persons totalling to rs. 1,60,599 during the year relevant to the assessment year 1988-89 without deduction of tax at source as stipulated in section 194a of the income tax act, 1961. similarly, for the assessment year 1989-90 interest exceeding rs. 2,500 was paid to 21 persons aggregating to rs. 1,62,180 ..... commissioner (appeals). both the appeals were heard together. the deputy commissioner (appeals) held that the assessee is not governed by the provisions under section 194a of the income tax act and therefore, levy of interest under section 201(1a) for both years was cancelled.3. revenue filed appeals as ita nos. 666 and 667/coch/93 before the .....

S. Padmapriya Vs. Income Tax Officer and anr.

Court : Chennai

Reported in : (2001)165CTR(Mad)132

..... died. it is stated that the property of the petitioner was attached on 14-3-1989, by the tax recovery officer, chennai. it is the specific case of the petitioner that under rule 68b(3) of the second schedule to the income tax act, 1961, the sale of the property cannot be effected after a period of three years from the date of ..... attachment. it is, therefore, stated that since the property was attached prior to 1-6-1992, and the orders which gave rise to the demand of tax were made prior to 1-6-1992, ..... was not served with any prior notice after the death of her father. this contention is also not acceptable. rule 85 of the second schedule to the income tax act empowers the tax recovery officer to continue the recovery proceedings against the legal representatives of the defaulter from the stage at which it was left on the death of the defaulter .....

L.K. Joshi and Co. Vs. the Commissioner of Sales Tax

Court : Orissa

Reported in : [1971]27STC481(Orissa)

..... limit specified in the said revised notice.' 6. a bare comparison of the analogous provision would show that the scheme in both central sales tax act and the orissa sales tax act are same. there is no corresponding provision in the income tax act regarding the explanation. mr. mohapatra places reliance on a decision in dwarika prasad sharma v. state of orissa, (1965) 16 stc 144 (orissa ..... g.k. misra, c.j.1. the petitioner was assessed to sales tax on 31st of august. 1961 under rule 10 of the central sales tax (orissa) rules, 1957 (hereinafter referred to as the orissa rules) framed under the central sales tax act. the assessment for quarters ending 30th june, 1958 to 30th of june, 1959 was to the tune of rs. 1,21,500/-. appeals .....

Kapurchand Shrimal Vs. Tax Recovery Officer, Hyderabad and ors.

Court : Supreme Court of India

Reported in : AIR1969SC682; [1969]72ITR623(SC); [1969]1SCR681

..... in enforcement of the certificate issued under section 222 of the income-tax act, 1961, must be upheld.4. by virtue of section 297(2)(j), notwithstanding the repeal of the indian income-tax act, 1922, any sum payable by way of income-tax, super-tax, interest, penalty or otherwise under the income-tax act, 1922, may be recovered under the act of 1961, but without prejudice to any action already taken for the recovery ..... certificate for recovery is issued against the family.7. counsel for the revenue invited our attention to section 140(b) and section 282(2) of the income-tax act, 1961, in support of his contention that when tax is assessed against the hindu undivided family there is no distinction between the representative status of the manager of the family and his personal status. section 140 .....

Commr. of Income Tax, Dibrugarh Vs. Doom Dooma India Ltd.

Court : Supreme Court of India

Reported in : (2009)222CTR(SC)105; [2009]310ITR392(SC); 2009(3)SCALE663; (2009)4SCC427; [2009]178TAXMAN261(SC)

..... of civil appeals is directed against judgments dated 22.11.06 and 8.1.07 of the high court of guwahati, assam,in appeals under section 260a of the income-tax act, 1961 in respect of assessment years 1988-89, 1989-90, 1990-91 and 1991- 92.4. what is the meaning of the expression 'depreciation actually allowed' in ..... the old section corresponding to section 43(6)(b) of the 1961 act. this contention of the assessee was accepted by the majority judgment which held that in fixing the depreciation allowances for the years in which the assessee was assessed as a non-resident under the income-tax act, 1922, the ito had 'actually allowed' only a portion of ..... following the decision of the calcutta high court in the case of commissioner of income-tax v. suman tea and plywood indusries (p) ltd. : [1993]204itr719(cal) , held that since 40 per cent of the assessee's composite income is chargeable under section 28 of the 1961 act, for the purposes of computing the 'written down value' of depreciable assets .....

Ahmedbhai Umarbhai and Co. Vs. Excess Profits Tax Officer, Iii Circle

Court : Mumbai

Reported in : (1948)50BOMLR349

..... of goods manufactured in raichur and sold in british india. the assessee is a firm resident in british india and it is registered with the income-tax authorities under section 26a of the indian income-tax act. the assessee has three mills in bombay and one in raichur in hyderabad (dn.) state. they purchased groundnuts and then converted them into oil ..... estates in an indian state; but the tea was brought into british india and sold in british india. the calcutta high court, in a reference under the income-tax act, held that the income accrued or arose in calcutta and not in the indian state. in coming to this conclusion panckridge j. who delivered the judgment states (p. 125):in ..... the moment subsequent to that export.26. now, so far as the actual case was concerned, since the case fell within section 4(1) of the indian income tax act, undoubtedly all these profits were taxable in india and, therefore, i do not read this case as any authority for the proposition that no portion of the profits .....

Commissioner of Income-tax Bombay Vs. Chugandas and Co., Bombay

Court : Supreme Court of India

Reported in : AIR1965SC568; [1965]55ITR17(SC); [1964]8SCR332

..... with the said provisions and theyare not treated as the profits from the business. the profits and gains ofbusiness and capital gains are two distinct concepts in the income-tax act :the former arises from the activity which is called business and the latteraccrues because capital assets are disposed of at a value higher than what theycost to the ..... . 13. there is no force in the contention raised by counsel for thecommissioner that for the year 1921-22 interest on securities could not becharged to tax twice over. under the income-tax act, 7 of 1918, by s. 14(2) taxwas levied in respect of the year beginning from april 1, 1918 in respect ofeach subsequent year, ..... s. 24(2) against thatincome. this view was approved by the high court of calcutta. the high courtheld that the several heads under s. 6 of the income-tax act are mutuallyexclusive, and an item falling under an exclusive head cannot be charged underanother head. this view was affirmed by this court, and it was held that'interest .....