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 .....
Tag this Judgment!Court : Kolkata
Reported in : (1986)52CTR(Cal)321,[1986]159ITR583(Cal)
..... proceeded against under section 147(b). 27. learned advocate for the assessee drew our attention to section 2, clause (8) of the income-tax act, 1961, which provides that under the income-tax act, assessment would include reassessment. it was submitted that in the instant case, assessments admittedly having been made in the hands of the non ..... filed before the andhra pradesh high court challenging both the proceedings. it was contended before the high court that under section 166 of the income-tax act, 1961, the income-tax officer had an option to initiate proceedings either against the non-resident firm or against the agent of the non-resident. having exercised its ..... passed respectively on september 5, 1968, august 7, 1969 and february 12, 1971. 4. thereafter, on march 2, 1971, the income-tax officer passed orders under section 163 of the income-tax act, 1961, treating alfred herbert (india) pvt. ltd., the assessee, as an agent of the non-resident company for the said assessment years 1968 .....
Tag this Judgment!Court : Kolkata
Reported in : [1972]84ITR78(Cal)
..... of the beneficiaries' status being that of a hindu undivided family. in spite of the objections of the petitioner assessments were completed for 1961-62 and 1962-63 while the reassessment for 1960-61 under section 147 of the income-tax act, 1961, was still pending. in respect of the assessment year 1963-64 the petitioner by his letter dated the 14th march, 1966, required ..... to appreciate the arguments advanced and the case law cited on behalf of the petitioner certain provisions of the income-tax act, 1961, with thecorresponding provisions of the repealed act of 1922 have to be considered. section 26 (corresponding to section 9(3) of the old act) provides that where property consisting of buildings or buildings and land appertaining thereto is owned by two or more .....
Tag this Judgment!Court : Kolkata
Reported in : 77CWN396,[1973]91ITR82(Cal)
..... nisi obtained by the appellants in an application under article 226 of the constitution on the ground that it is premature as an alternative remedy is provided under the income-tax act, 1961. 2. two suits, one by the bengal chemical and pharmaceutical works ltd. and the other by ferbwerke hoechst aktiengesellschaft vormals meister lucius & burning (a corporation organised ..... on the satisfaction of which the appellant's firm could be treated as an agent of mr. blanco white under sections 160 and 163(1) of the income-tax act, 1961. the learned trial judge should have decided the appellant's case on merits as the questions raised went to the very root of the matter and affected ..... treat the appellant's firm as an agent of mr. blanco white under sections 161 and 163(1) of the income-tax act, 1961. the conditions precedent for the assumption of jurisdiction under section 163(1) of the act were not satisfied and the appellants came to the court at the earliest opportunity. 16. it is true that the .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]126ITR748(Cal)
..... definite and ascertainable and as such the assessments should be made as 'association of persons' under sections 164 and 26 of the income-tax act, 1961?'8. in order to determine whether section 164 of the i.t. act, 1961, would be applicable in the instant case, it is, in our opinion, necessary first to decide whether section 168 had any ..... result in a benefit to the revenue.' 12. section 168 of the i.t. act, 1961, deals with the executors and is to the following effect :'(1) subject as hereinafter provided, the income of the estate of a deceased person shall be chargeable to tax in the hands of the executor,-- (a) if there is only one executor, then ..... assessee, he shall not, in respect of that income, be assessed under any other provision of this act.' 11. section 164 of the i.t. act, 1961, deals with the charge of tax where the share of beneficiaries is indeterminate or unknown and is to the following effect:'where any income in respect of which the persons mentioned in clauses .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]79ITR93(Cal)
..... is obviously, therefore, paid in india as the sales are concluded here. consequently, you should have deducted tax on such payments to nonresidents under section 195 of the income-tax act, 1961. your failure, hence, calls for action under section 201 of the income-tax act, 1961, before treating you as an agent, i am giving this fresh opportunity to you to discuss with ..... been earned through activities with you, i propose to treat you as an agent, for the limited purpose of recovery under section 201 of the income-tax act, 1961, in respect of all the parties to whom, in the aggregate; payment of 74,793 was made. your objection, if any, may please be stated, in ..... , it has agents in various countries for the sale of its export goods. the said foreign agents are non-residents within the meaning of the income-tax act, 1961 (hereinafter referred to as 'the act'). the petitioner pays to its non-resident agents commission in respect of the sales made by them. some of the non-resident agents .....
Tag this Judgment!Court : Kolkata
Reported in : 82CWN905,[1978]115ITR323(Cal)
..... hereinafter referred to as ' the act.' sabyasachi mukharji j., who heard the rule, upheld the contentions of the respondent no. 1 and set aside the impugned orders of the ito. ..... income of the non-resident including his income received through the respondent no. 1. further, it was contended that for the assessment years 1970-71 and 1971-72, there was no mistake apparent on the face of the record, and, accordingly, the ito had no jurisdiction to exercise his power under section 154 of the income-tax act, 1961, ..... previous years, as the case may be, of every person : provided that where by virtue of any provision of this act income-tax is to be charged in respect of the income of a period other than the previous year, income-tax shall be charged accordingly.' 6. sub-section (1) of section 161 provides as follows :' 161. (1) every .....
Tag this Judgment!Court : Kolkata
Reported in : [1984]145ITR119(Cal)
..... facts and in the circumstances of the case, and on proper interpretation of the provisions of sections 9 ,160, 161 and 163 of the income-tax act, 1961, interest under section 139(8) of the act could be validly charged against the assessee for the accounting period relevant to the assessment year 1973-74. '9. there were some printing mistakes ..... under sub-section (1) of section 139 either directly or through its statutory agent. we are of the view that all these things require consideration by the income-tax officer for the purpose of deciding whether the interest under section 139 should be waived or reduced under the rules and the appellate assistant commissioner, therefore, in ..... of the act. admittedly, the said bank did not file the said return by 30th june, 1973. the said return as already stated was filed on 28th may, 1974. that being the position the said bank cannot escape the consequence of not filing the return of income by 30th june, 1973. as rightly held by the income-tax officer, .....
Tag this Judgment!Court : Kolkata
Reported in : [1969]71ITR489(Cal)
..... that no part of the loss incurred by the taxpayer company in the year of assessment 1960-61 had been relieved in the years of assessment 1961-62 and 1962-63 under section 342 of the income tax act, 1952, and that, in consequence, pounds 101,214 of such loss remained to be relieved under the same section against the companys trading ..... fell to be deducted from the losses available to be carried forward and set off against the assessable profits of subsequent tax year under section 342 of the income tax act, 1952.(4) the taxpayer fell to be assessed to tax for the year 1961-62 being the second year in which it carried on its trade, by reference to the profits (if any) ..... 328. the taxpayer on account of interest paid by it under deduction of tax in the years 1961-62, 1962-63, 1963-64 and 1964-65, in respect of which it had been assessed to tax under section 170 of the income tax act, 1952.(9) the taxpayer was assessed to tax for the year 1965-66 by reference to the profits of its accounting .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)180CTR(Cal)329,[2003]260ITR97(Cal),[2003]132STC298(Cal)
..... been the liability, due to be paid, having been adjusted is a deemed payment amounting to actual payment within the meaning of section 43b of the income-tax act, 1961. he has pointed out that it is not in dispute that the actual payment by way of adjustment is claimable in the assessment year 1985-86. ..... section 256(1) of the act the question formulated is : 'whether, on the facts and in the circumstances ..... dey to file vakalatnama within two weeks. 2. the income-tax officer and the appellate authority disallowed the claim for deduction of a sum of rs. 4,05,744 under section 43b of the income-tax act, 1961. the learned tribunal overruled the same and allowed the deduction. the commissioner of income-tax, west bengal-ii, calcutta, sought this reference under .....
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