Judgment Search Results Home > Cases Phrase: income tax act 1961 section 161 liability of representative assessee Page 13 of about 19,000 results (0.291 seconds)

Official Liquidator, Golcha Properties Private Ltd. (In Liquidation) V ...

Court : Rajasthan

Reported in : [1974]44CompCas144(Raj); [1974]94ITR11(Raj); 1972()WLN563

..... disclosed. then the respondent has stated as follows :' further', the clear object and purport of introducing a provision like section 178 of the income-tax act, 1961, was to safeguard the recovery of tax from a company in liquidation on the basis of priority even though the assessments were yet pending.'3. it has been urged in this ..... the liquidator sent reply, annexure ' ii ', requesting the income-tax officer to obtain the leave of this court under section 446 ..... 1968, when the official liquidator became the liquidator. the income-tax officer issued notice, annexure ' i ', to the liquidator on august 29, 1968, notifying him under section 178 of the income-tax act, 1961, that he should set aside a sum of rs. 41 lakhs on account of the taxes payable, or likely to be payable by the company. .....

Commissioner of Income-tax Vs. Pre-stressed Concrete Co. (S.i.) P. Ltd ...

Court : Chennai

Reported in : (1986)55CTR(Mad)380; [1986]162ITR314(Mad)

..... amount of royalty, the trading liability must be held to have ceased and the amount of royalty has to added back as income under section 41(1) of the income-tax act, 1961. the relevant part of section 41(1) of the income-tax act, 1961, in so far as the facts of the present case arejconcerned, will read as follows : '41. (1) where an ..... suffice to stamp it with the character of a liability and, therefore, the amount representing that liability could not be added back under section 41(1) of the income-tax act, 1961. the tribunal having dismissed the appeal of the revenue, the following two questions have been referred to this court for its opinion at the instance of the revenue : ..... was right in holding that the sum of rs. 2,09,993 being the unpaid royalties to the foreign collaborator should not be brought to tax under section 4(1) of the income-tax act, 1961 2. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that there was no cessation .....

N.C. Rangesh and Others Vs. Inspector General of Registration and Othe ...

Court : Chennai

Reported in : (1990)84CTR(Mad)241; [1991]189ITR270(Mad); (1991)IMLJ233

..... not laid down any law and that the circulars have only reiterated the legal consequences that flow from section 230a of the income-tax act, 1961, and the provisions of chapter xxc of the income-tax act, 1961. it is further claimed in the counter-affidavit that the provisions of section 230a and chapter xxc are applicable to the transfer ..... transfer relates to a property less than rs. 10 lakhs, in effect, overrides and nullifies the provisions of chapter xxc of the income-tax act, 1961 (sections 230a and 269uc of the said income-tax act, 1961), that the provisions of section 269ua contemplate the transfer of a part of the property or a building and unless such transfer ..... xxc, learned counsel further contends that no certificate is necessary if the value of the property falls below the value fixed under the income-tax act, that under section 230a of the income-tax act, 1961, the value should be more than rs. 2 lakhs and that the authorities are concerned only to see whether the agreement of .....

South India Shipping Corporation Ltd. Vs. Income-tax Officer

Court : Chennai

Reported in : [1976]46CompCas250(Mad); [1976]103ITR1(Mad)

v. ramanujam, j. 1. as the scope and ambit of section 80k of the income-tax act, 1961 (hereinafter referred to as 'the act'), arises in all the above petitions filed by the same assessee, it is convenient to dispose them of together by a common judgment. as the facts are practically ..... learned counsel for the petitioner would, however, submit that the decision in commissioner of income-tax v. s.s. sivan pillai was rendered with reference to section 15c(1) and 15c(4) of the indian income-tax act, 1922, corresponding to sections 84 and 85, respectively, of the income-tax act of 1961, before their deletion in 1969 and that the said decision cannot be of any ..... accordance with such rules as may be made in this behalf by the central board of revenue '. 15. under the income-tax act of 1961, sections 15c(1) and 15c(4) werereplaced by sections 84 and 85 by the finance (no. 2) act of 1967. sections 84and 85 were later replaced by sections 80j and 80k, respectively. it -willbe clear from a comparative .....

J.K.K. Angappan and Bros. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [1973]91ITR513(Mad)

..... actually paid by the petitioners. aggrieved against the said levy of interest, the petitioners filed a revision before the commissioner of income-tax under section 264 of the income-tax act, 1961, but the commissioner dismissed the same on november 24, 1969. the petitioners have, therefore, filed the present writ petition seeking to quash the levy of ..... interest anterior to april 1, 1967, the date on which section 46 of the finance (no. 2) act of 1967 came into force as per section 1(2) of that act.4 ..... have been included in the regular assessment and interest would have been reckoned only from the date on which the notice of demand under section 156 of the income-tax act is served on the petitioners in pursuance of such assessment order and that, in such a case, the petitioners would not have been liable to pay .....

Phukenbari Tea Co. (P.) Ltd. and anr. Vs. Commissioner of Taxes and or ...

Court : Guwahati

..... of deduction in respect of unpaid provision is not an allowable deduction either under section 8(2)(e) or section 8(2)(f)(vii) of the agricultural income-tax act, 1939, for short 'the act'.5. section 8(2)(f)(vii) reads as follows : '(vii) any expenditure (not being in the nature of capital expenditure) laid out or expended ..... computed for deduction. however, there is no such identical provision in the assam agricultural income-tax act. section 37 of the act provides, for such allowance.9. it is the case of the petitioner-company that they are maintaining their accounts in the mercantile system. in the ..... on the word 'paid' and drawing reference to section 43b of the income-tax act, held that the tax, duty, cess or fee not paid during the accounting year cannot be allowed to be deducted. section 43b of the income-tax act is very specific and provides that only the tax, duty, cess or fee actually paid in the accounting year shall be .....

Hill Properties Ltd. the Companies Act, 1956 Vs. Union Bank of India U ...

Court : Mumbai

Reported in : 2009(111)BomLR4550

..... date of receipt of the appeal.' section 22(e): reviewing the decisions.section 29: 'application of certain provisions of income tax act.- the provisions of the second and third schedules to the income tax act, 1961 (43 of 1961) and the income tax (certificate proceedings) rules, 1962, as in force from time to time shall, as far as possible, apply with ..... to institute a suit challenging the sale of the plant and machinery. this court considered the provisions of the second and third schedules to the income tax act, 1961 and the income tax (certificate proceedings) rules, 1962. this court further observed that the view formed in regard to the necessity of relegating the petitioners to the institution ..... those cases in which the property of the judgment debtor is sought to be recovered in terms of rule (4) of the second schedule of the income tax act, 1961 ?3. what is the remedy available to a party, who is not a party in proceedings before the debts recovery tribunal, but, whose property has .....

Commissioner of Income-tax and anr. Vs. D. Ananda Basappa

Court : Karnataka

Reported in : (2009)223CTR(Kar)186; [2009]309ITR329(KAR); [2009]309ITR329(Karn); [2009]180TAXMAN4(Kar)

..... in accordance with the following provisions of this section', that is to say,-5. a plain reading of the provision of section 54(1) of the income-tax act discloses that when an individual-assesses or hindu undivided family-assesses sells a residential building or lands appurtenant thereto, he can invest capital gains for purchase of ..... of more than one dwelling unit for the purpose of claiming exemption under the head 'capital gains'?4. in the provision of section 54(1) of the income-tax act, the relevant portion is extracted herein for convenient reference:subject to the provisions of sub-section (2), where, in the case of an assessee being an individual ..... certified that he has effected necessary modifications to the two flats to make it one residential apartment. the assessee sought for exemption under section 54 of the income-tax act.2. the assessing authority gave exemption for capital gains to the extent of purchase of one residential flat. it was found in the inspection by the inspector .....

Smt. Kalawati and anr. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : [1970]76ITR96(All)

..... is accepted, then, i will have to import a fiction in the law which is not there that under section 46(2) of the income-tax act, the recovery of arrears of tax on a certificate issued by the income-tax officer will be deemed to be an execution of a decree for money passed by a civil court.8. it was then submitted, on behalf ..... bombay, [1955] 28 i.t.r. 891, [1955] 2 s.c.r. 887, the supreme court had occasion to consider the true effect of section 46 of the indian income-tax act and its proviso. the learned judges in paragraph 8 of the reported judgment observed as follows:'all that the sub-section directs the collector to do is to proceed to ..... 21, rule 58, of the code as regards the attachment and under other provisions as regards sale. the submission was that the proviso to section 46(2) of the indian income-tax act incorporates a rule of reference and it must be given full effect and when so done there will be no difference between the collector taking proceedings by attachment of immovable .....

Shyam Electric Works Vs. Cit

Court : Madhya Pradesh

Reported in : (2006)199CTR(MP)400

..... under the proviso to section 30 of the income tax act, 1922, in the instant case, when there is a material difference between the relevant provisions in section 30 of the 1922 act and section 249(4) of the income tax act, 1961 ?4. whether, in the facts and circumstances of the case, the ..... defects. the assessing officer called upon the assessee to cure the defects. eventually on 31-3-1985 the assessing officer completed the assessment under section 144 of income tax act. it is against this order of assessment, the assessee filed appeal to commissioner (appeals). in the appeal, the assessee raised several grounds including some preliminary ..... case, the commissioner (appeals) would impliedly be deemed to have exercised his powers under the proviso to section 249(4) of the income tax act and exempting the assessee from payment of tax, when he proceeded to dispose of the appeal on merits ?3. whether the tribunal is correct in law in relying upon the decision .....