Judgment Search Results Home > Cases Phrase: income tax act 1961 section 161 liability of representative assessee Page 1 of about 19,000 results (1.597 seconds)

The Director of Income Tax Vs. Shardaben Bhagubhai Mafatlal Public Cha ...

Court : Mumbai

Reported in : (2001)1BOMLR744; (2000)164CTR(Bom)97; 2001(2)MhLj695

..... were not ascertainable. in the case of c.i.t. madhya pradesh v. sodra devi (supra), the supreme court was considering thescope of section 16(3) of the income tax act. 1922: in the said judgment, the supreme court has held that the word 'assessee' was wide enough to cover not only an individual but also huf, company, local ..... marsons beneficiary trust and ors., has no application to the facts of this case. he contended that the said judgment was under section 161 and section 164 of the income tax act. he contended that the said two sections cannot apply to a public trust. he contended that section 80-l applied to individuals. that, the said section did not ..... the assessee was entitled to deduction under section 80-l. being aggrieved by the decision of the tribunal, the department has come in appeal under section 260a of the income tax act. arguments on question no. 1 :11. mr. desai, learned senior counsel for the department contended that the assessee-trust should be assessed as an a.o.p. .....

Mrs. Amy F. Cama (Trustee of the Estate of Late M.R. Adenwalla) Vs. Co ...

Court : Mumbai

Reported in : [1999]237ITR82(Bom)

..... this court for opinion at the instance of the assessee :'whether, on the facts and in the circumstances of the case, the deduction under section 54 of the income-tax act, 1961, was available in, computing the capital gain arising from the sale of the property known as 'aden hall' ?'2. the relevant assessment year is 1962-63. ..... subject to the same duties, responsibilities and liabilities as if the income were income received by or accruing to or in favour of him beneficially ..... is assessable in the hands of the assessee must be the income of the trust received by it on behalf of the assessee. it is apparent from section 161(1) of the income-tax act, 1961, that a representative assessee, that is to say a trustee, as regards the income in respect of which he is a representative assessee, is .....

Commissioner of Income-tax Vs. T.i. and M. Sales Ltd.

Court : Kolkata

Reported in : [1978]114ITR59(Cal)

..... to the appellate assistant commissioner, against the decision to treat the assessee as statutory agent of the said non-residents under section 163(1) of the income-tax act, 1961, and also against the quantum of the assessments. the appellate assistant commissioner disposed of the appeals by a consolidated order.3. one of the points agitated ..... section (1)of section 139.'7. mr. b. l, pal, learned counsel for the revenue, based his submissions only on section 161 of the income-tax act, 1961. he stated that once a person was treated to be a representative assessee then he would be subject to the same duties, responsibilities and liabilities in respect ..... representative assessee was liable to pay interest under section 217(1) of the income-tax act, 1961, for non-payment ofadvance tax in accordance with the provisions of section 212(3) of the said act. the appellate assistant commissioner came to the conclusion that as the income-tax act, 1961, became law only on the 1st april, 1962, it did not confer .....

income-tax Officer Vs. Deepak Agarwal (P) Family Trust

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)45ITD127(Delhi)

..... before him, apart from the merits, was whether an order passed under section 143(1) of the income-tax act, 1961, was at all appealable. section 143(1) of the income-tax act, 1961, as substituted by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, introduced a totally different procedure than obtaining earlier to the ..... . according to the learned departmental representative no appeal could lie against an order under section 143(1), in terms of section 246 of the income-tax act, 1961, and that the appellate assistant commissioner erred in holding that an appeal would lie against an order under section 143(1). even the presumption ..... of persons unspecifie'd shares is not permissible under section 143(1) of the income-tax act. 4. the appellate assistant commissioner was not justified in directing the income-tax officer to charge tax under section 161/166 of the income-tax act, 1961. the order of the learned appellate assistant commissioner being erroneous to set aside and .....

Dharamdas Hargovandas Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1985)11ITD544(Hyd.)

..... of the representative-assessee is 'in like manner and to the same extent' even as statutorily provided under section 161 of the income-tax act, 1961 ('the act'). he also referred to sections 166 and 167 of the act in the same chapter relating to assessment on representative-assessees, to show that the assessment could be in either hands, and ..... on same terms. the result is that the assessee was the sole beneficiary during his lifetime of the income from certain properties in pursuance of the agreement, dated 6-5-1962. the income was also assessed for income-tax purpose in the assessee's personal assessments. but the capital loss on sale of property in trust on ..... as pointed out by the learned counsel for the assessee, were not dissimilar. this decision rendered for wealth-tax purposes was followed for income-tax purposes in smt. kamalini khatau's case (supra) where it not only held that the income can be assessed in trustee's hands, but also stated how (at what rate) it should be assessed .....

Mrs. Arundhati Balkrishna Shri Ambica Mills Premises, Ahmedabad Vs. Co ...

Court : Supreme Court of India

Reported in : AIR1989SC1092; (1989)76CTR(SC)108; (1989)2GLR1148; [1989]177ITR275(SC); JT1989(1)SC429; 1989(1)SCALE529; 1989Supp(1)SCC278; [1989]1SCR865

..... other sources?(2) whether, on the facts and in the circumstances of the case, the income includible in the total income of the assessee is income determinable as per provisions of the income-tax act, 1961 in the case of the trust or the income receivable by the assessee from the said trust?4. the question referred to the high court for ..... subject to the same duties, responsibilities and liabilities as if the income were income received by or accruing to or in favour of him ..... is assessable in the hands of the assessee must be the income of the trust received by it on behalf of the assessee. it is apparent from section 161(1) of the income-tax'act, 1961 that a representative assessee, that is to say a trustee, as regards the income in respect of which he is a representative assessee, is .....

Mohammed Omer Family Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1992)40ITD1(Hyd.)

..... to the assessing officers : assessment of representative assessee (trust) - status - instructions reg. the question whether trustees who are assessed in the capacity of representative assessees under section 160 of the income-tax act, 1961, can be assessed in the status of an association of persons where such trustees are authorised by the settlor to carry on business on behalf of and for the benefit ..... with other additions.7. according to the assessing officer, assessee paid interest and remuneration with the only view to get over the provisions of section 161(1a) of the income-tax act, 1961 (hereinafter called the act), which came into force from the asst. year 1985-86. there is no agreement between the beneficiaries and the trust for payment of this interest.the assessing officer .....

Triniti Corporation Vs. Commissioner of Income Tax

Court : Authority for Advance Rulings

..... . the present application has been filed in the prescribed form by m/s. trinity corporation usa, under section 245q(1) of the income-tax act, 1961 (in short the act) on 1.12.2006, seeking advance ruling from the authority on the questions mentioned therein.2. before adverting to the precise questions on which rulings of the authority are sought, ..... for appellant/petitioner/plaintiff: k.c. devdas, c.a. and ananth padmanabhan, adv.income tax act, 1961 - sections 2(14), 2(47), 9, 9(1), 45(1), 160, 160(1), 161, 163, 163(1), 195, 245r(2) and 245q(1) o income--deemed to accrue or arise in india under section 9(1)(i) income from transaction relating to capital asset situated in india--mr. j, a .....

Premier Automobiles Ltd. Vs. S.N. Shrivastava Income-tax Officer, Acom ...

Court : Supreme Court of India

Reported in : AIR1970SC1386; [1970]76ITR1(SC); [1969]2SCR353

..... under section 209 and 210 of the (indian) income-tax act, 1961, no order for payment of advance tax can be made against an agent of non-resident; and (2) that ..... section 156, for the assessment year 1965-66 and for an injunction or prohibition restraining the income-tax officer from enforcing or implementing the order under section 163 and the notice under section 156 read with section 210 of the income-tax act, 1961. the petition was resisted by the income-tax officer. 2. in support of the petition counsel for the company raised two contentions : (1) that .....

L. Muthukrishnan and K. Kuppusamy Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1989)31ITD499(Mad.)

..... court in the case of w.o. holdsworth (supra), extracted above, in section 161 of the income-tax act, 1961. this section provides only for the assessment of the income of the beneficiary in the hands of the trust. such income can arise to the beneficiary only in terms of the trust deed. what is earned by the trustee ..... the opinion that the assessee is entitled to succeed.6. prior to the coming into force of the income-tax act, 1961, there was a doubt i whether the revenue had an option to choose to tax the beneficiary directly or to tax the trustee, especially when he is carrying on business so as to impose a higher rate of ..... object. accordingly section 161 has been enacted in the income-tax act, 1961 with the consequence that it is no longer permissible for any income received by a representative assessee as defined in section 160 to be taxed under the general charging section 4. the corresponding provision of the wealth-tax act, namely section 21, came up for consideration before the .....