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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (1993)44ITD642(Bang.)
..... dismissed because what the assessee is seeking to agitate is that the trust is to be assessed in terms of section 161 of the income-tax act and not in terms of section 164(1) of the income-tax act, 1961. in other words, the trustees are sought to be assessed in their representative capacity and not as a collective unit of assessment. ..... therefore, it cannot be said that the assessee has denied its liability to be assessed under the provisions of the income-tax act, 1961. this contention fails and cannot be entertained.from this point of view also the appeal was not maintainable before the dcit(a).8. coming to the challenge ..... clear that the dcit(a) has wrongly entertained the appeal against an order under section 143(1a) though wrongly styled as under section 143(1)(a) of the income-tax act, 1961. in these circumstances, the grounds taken by the revenue are quite valid and justified in law and, therefore, the impugned order of the dcit(a) is hereby .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (1993)46ITD157(Mad.)
..... are private discretionary trusts. a single common issue arises for consideration in these cases. and that is whether the assessee-trusts are entitled to deduction under section 80l of the income-tax act, 1961.2. the assessing officer took the line, first, that the status of the assessees must be taken as that of 'association of persons' and, secondly, that the assessees are not ..... such cases, the proviso stipulated that the tax shall be levied and recoverable at the maximum rate.43. the same scheme was continued in the new act also. thus, section 164 of the it act, 1961 (which occurs in "c-representative assessees-special cases" of chapter xv of the act) imposes a heavier liability upon the trust income where the income is not specifically receivable on behalf or .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1996)56ITD64(Hyd.)
..... relate to asst. year 1985-86. they are against the orders of the commissioner of income-tax (appeals). the assessee's appeal is against treating it as an agent of m/s south glory international pvt. ltd., singapore under section 163 of the i.t. act, 1961 while the revenue's appeal is against cancellation of order under section 143(3) on ..... . ltd v. cit [1953] 23 itr 152 (sc), and jadavji namshidas & co. ..... be assessed in respect of any taxable income which was receivable or received by him on behalf of the non-resident even if such income did not fall within the provisions of section 42(1) of the old act corresponding to section 9(1)(0 of the present act of 1961. the cases relied upon by the cit (appeals), viz., turner morrison & co .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1985)12ITD560(Ahd.)
..... by chaturvedi and pithisaria (vol. 1.3, p. 3275).he also relied upon the provisions of section 161(1) of the income-tax act, 1961 ('the act').6. the learned departmental representative, on the other hand, replied that the cases relied upon by the assessee's representative concerned the assessment of the ..... correct and reiterated his argument that since the source of income for the beneficiaries was the trust deed, their income would fall under the category of 'income from other sources'.7. the cases relied upon by the assessee's representative decide only that application of section 41 of the indian income-tax act, 1922 is mandatory and that the liability of the ..... trustees is co-extensive with that of the beneficiaries. this is a direct application of law that the trustees are to be taxed in the same manner and to the same extent as the beneficiaries. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (1990)33ITD270(Pune.)
..... of the above decision the submission of the learned departmental representative before us was based on the provisions of section 4 read with section 28(1) of income-tax act, 1961 are liable to be rejected and we reject the same. another submission made before us was that the beneficiaries should be regarded as an aop and for ..... with the consent of the parties as the point involved was identical. these appeals are directed against the order of the commissioner of income-tax in exercise of his powers under section 263(1) of the income-tax act, 1961.2. we shall narrate the facts in i. t. a. no. 525/pn/1987. the facts in that appeal are ..... in the hands of the trust was nil. he allocated the above income amongst three beneficiaries the three beneficiaries were assessed in respect of his share in the said income.4. subsequently the commissioner of income-tax, kolhapur, commenced proceedings under section 263 of the income-tax act, 1961. a notice was issued to the assessee-trust to show cause why .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2007)108ITD545(Mum.)
..... lordships of the bombay high court considered section 41(2) of the indian income-tax act, 1922, which is in pari material with section 166 of the income-tax act, 1961. their lordships observed that: section 41 having provided for two alternative methods, namely, either to tax the income in the hands of the trustees or directly in the hands of the person ..... sought to be achieved in enacting section 160, 161, 162 and 163 of the income-tax act, 1961, in chapter xv of the act is to fasten on the person, who actually carries on the business, the liability to pay the tax on the income received by him, regardless of its destination or enjoyment. a non-resident may have several ..... champavahoo directly and the bombay high court held that such income could not be brought to the charge of tax again in the hands of the trustees under section 41(2) of the indian income tax act, 1922 which is in pari materia with section 166 of the income tax act, 1961. in our view, the judgment in the case of barium .....
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