Judgment Search Results Home > Cases Phrase: income tax act 1961 section 161 liability of representative assessee Court: mumbai Page 1 of about 1,257 results (0.199 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 .....

Air India Ltd. Vs. Caribjet Inc.

Court : Mumbai

Reported in : [2004]271ITR370(Bom)

..... and payable on the assessment of the defendant of its operation in india would become payable by the plaintiff under sections 160 and 161 of the income-tax act, 1961.26. the plaintiff submits that the defendant be ordered and decreed to pay to the plaintiff the sum of rs. 5,00,00,000 (rupees five crores ..... complied with all the terms under the said wet lease agreement and the provisions of the income-tax act, 1961. the plaintiff submits that it has deducted tax at source from the payments it has made to the defendant and has paid over these sums to the tax authorities. apart from the provisions of clause 11.1 of the wet lease agreement, the ..... money immediately.'17. para. 15 of the plaint reads thus :'another order dated march 27, 2000, was also issued by the income-tax department under section 226(3) of the income-tax act calling upon the plaintiff to pay to the income-tax authorities the amount payable to the defendant which amounted to rs. 132,65,21,397 (us $ 28.22 million) and .....

Commissioner of Income-tax Vs. Marsons Beneficiary Trust,

Court : Mumbai

Reported in : (1990)87CTR(Bom)71; [1991]188ITR224(Bom)

..... reference to the provisions of that section.7. section 21(4) of the wealth tax act is analogous to section 164 of the income-tax act, 1961.' analysing section 21(1) and 21(4) of the wealth tax act, the supreme court observed that the provisions of the wealth-tax act are similar to those of the income-tax act. hence, by a parity of reasoning, whenever an assessment is made on trustees ..... prior to the date when section 161(1a) was inserted in the income-tax act, 1961. this amendment has been inserted by the finance act, 1984, with effect, from april .1, 1985. we are, therefore, concerned with the relevant provisions of the income-tax act prior to that date.3. chapter xv of the income-tax act, 1961, deals with tax liability in certain special cases. this includes, inter alia, the liability of .....

Saipem Uk Limited Vs. Deputy Director of Income Tax

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 .....

Premier Automobiles Ltd. Vs. Income-tax Officer, Circle I(3), Bombay a ...

Court : Mumbai

Reported in : [1966]59ITR656(Bom)

..... the present petition are that on 17th september, 1962, the 1st respondent served a notice on the petitioner under section 163 of the income-tax act, 1961 (hereinafter referred to as the act), requiring the petitioner to show cause why the petitioner should not be treated as the agent of messrs. chrysler corporation for the assessment ..... a somewhat similar point was raised, but not decided in tata engineering & locomotive co. ltd. v. income-tax officer, companies circle i(1), bombay. that case was decided under the corresponding provision of the indian income-tax act of 1922. the petitioner in that case was appointed an agent of certain foreign firms for a particular ..... assessment year but was called upon to pay advance income-tax for the next assessment year. a division bench of this court allowed .....

Mahindra and Mahindra Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1997)61ITD129(Mum.)

..... 37(3) only and not any other section. in that view of the matter, if an expenditure or allowance is allowable under sections of 1961 act and other sections of the income-tax act, 1961, the allowance cannot be withdrawn or denied to the assessee because of the prohibitory provision to section 37(4). similar view was taken in the ..... the contention that rent was allowable under section 30 and in respect of the maintenance expenses under section 31, and, therefore, neither section 37(3) of the income-tax act, 1961, nor any rules made thereunder were applicable to the case. the tribunal considered the submissions that expenditure of rs. 4,200 on rent and rs. 1, ..... referred to the hon'ble president under section 255(4) of the income-tax act, 1961 as under : "whether, the rent, repairs and taxes pertaining to the guest house maintained by the assessee can be disallowed by resorting to the provisions of section 37(4) of the income-tax act, 1961 ?" 1. the learned members have been unable to agree on an .....

Asstt. Cit Vs. Crystal Granite and Marble Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... supreme court has been dismissed, it may be relevant to mention that the said judgment was rendered in the context of the provisions of section 115ja of the income tax act which has ceased to be effective from the assessment year 1991-92. in section 115j, there was no provision similar to sub-section (4) in section ..... ., would apply in respect of the provisions of section 115ja. for the matters not provided in section 115ja, one has to turn to other provisions of the income tax act which have been made mutatis mutandis applicable to the assessees falling under section 115ja.6. next issue for consideration is as to whether the provisions relating to payment ..... sub-section (4) has two critical limbs: one, it provides primacy to the matters covered by section 115ja; and, two, it makes other provisions of the income tax act applicable to the assessees falling under section 115ja. we shall now concentrate as to what section 115ja provides for. on careful analysis of section 115ja, it is quite .....

Cit Vs. Kotak Mahindra Finance Ltd.

Court : Mumbai

Reported in : [2003]130TAXMAN730(Bom)

..... tax. under section 207 of the income tax act, advance tax is payable during any financial year in respect of the ,current income. the words 'current income' are very crucial. the words 'current income' refer to computation of total income under the provisions of the income tax act including section 115j. under section 207 of the income tax act, the words 'total income ..... ' have been equated to the expression 'current income ..... shall apply. that, section 234b and section 234c have not curved out any exceptions for section 115j of the income tax act. he, therefore, contended that in this case both sections 234b and 234c are applicable.mr. irani learned counsel .....

Mashreq Bank Psc Vs. Dy. Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... and is directed against the order dated 10-1-2001 passed by the commissioner (appeals), in the matter of assessment under section 143 (3) of the income tax act, 1961, for the assessment year 1996-97.2. in the first ground of appeal, the main grievance raised by the assessee is that the commissioner (appeals) erred ..... dta with japan, no disallowance can be made under r. 61), section 40a(3), section 40a(12), section 37(2a) and section 43 b of the income tax act, 1961 ................ article hi(3) in the relevant dta relating to the year under consideration only provides that in determining the industrial or commercial profits of a pe, there ..... basis i.e. after allowing deduction in respect of costs and expenses incurred for earning the income ........ 26.2 the finance act has inserted a new section 44d in the income tax act, 1961, which lays down special provisions for computing income by way of royalties and fees for technical services received by foreign companies from indian concerns.... .....