Judgment Search Results Home > Cases Phrase: income tax act 1961 section 161 liability of representative assessee Page 15 of about 19,000 results (0.599 seconds)

Deputy Commissioner of Income-tax (Assessment) and anr. Vs. Rajasthan ...

Court : Rajasthan

Reported in : (2008)217CTR(Raj)191; [2008]299ITR253(Raj)

..... . 1503 of 1995, the assessee challenged the constitutional validity of section 143(1a) of the income-tax act, 1961 (for short 'the i. t. act').2. the writ petitioner-assessee had returned a net loss. after adjustments had been made by the taxing authorities under the provisions of section 143(1)(a) the assessment of loss stood reduced. the ..... 243itr48(sc) , principally because the assessee in that case had not challenged the provisions of sub-section (1a).11. constitutional validity of section 143(1a)(a)(b) of the income-tax act was challenged in sanctus drugs pharmaceuticals p. ltd. v. union of india : [1997]225itr252(mp) . the division bench (headed by the hon'ble chief justice a. ..... filed by the assessee was correct by reason of the law as it stood when the return was filed. a retrospective amendment of section 28 of the income-tax act rendered that return incorrect. an adjustment in the return was made under sub-section (1) of section 143 and, therefore, the provisions of sub-section .....

Assistant Commissioner of Income Tax Vs. U. P. National Manufacturing ...

Court : Allahabad

Reported in : (2001)69TTJ(All)503

..... placed at p. 58 of the assessee's paper-book), which reads as under :'the assistant commissioner (tds) varanasi.filing of annual return under section 206c of the income tax act, 1961, for the financial year 1991-92.sir,we write with reference to your letter no. tds/annual/1991-92 dated 18-8-1992, served on 3-9-1992, ..... before us, which, are, in the following terms :2.1. as a result of newly inserted provisions of section 194h of the income tax act, 1961 (hereinafter referred to as 'the act'), as a result of finance act, 1991, which received the assent of the president of india on 27-9-1991, all these respondents were under an obligation to deduct ..... reply, the assistant commissioner (tds), varanasi, referred this case to the undersigned for the imposition of penalty under section 271c of the income tax act. accordingly, a show-cause notice under section 271c of the income tax act was issued by the undersigned on 28-12-1992, which was duly served on 30-12-1992, fixing the date of hearing on .....

income-tax Officer Vs. Amersey Exports (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)11ITD74(Mum.)

..... assessee received interest of rs. 56,972 from the government under section 214 of the income-tax act, 1961 ('the act'). the assessee credited this amount in profits and loss account and treated this amount as part of the business income of the relevant years. the ito treated this amount as income from other sources. in appeal, the commissioner (appeals) directed the ito to treat this amount ..... , in respect of any business to which this act applies, be charged, levied and paid...a tax". under the income-tax act, the levy of the tax is not in respect of any business but on chargeable income. secondly, under section 12 of the excess profits tax act, the tax was an allowable deduction for computation of the profits, while the income-tax under the 1961 act is not an allowable deduction. in these .....

Cesc Ltd. Vs. C.I.T. – Ii, Kolkata

Court : Kolkata

..... by it. the commissioner held that the electricity duty collected by the appellant licensee from the consumers falls within the purview of section 43b of the income tax act, 1961 and as such he dismissed the appeals of assessee-company and upheld the order of the assessing officer. (4) the assessee company preferred appeal against ..... senior counsel for the appellant advanced before us essentially the same arguments that were made before the ld. tribunal. he submitted that section 43b of the income tax act does not apply to electricity duty collected by the assessee-company as licensee, on behalf of the state government inasmuch as the electricity duty which the assessee ..... are that the assessee company (appellant herein) did not include the unpaid electricity duty while computing disallowance to be made under section 43 of the income tax act. the electricity duty was realized by the assessee company from the consumers which is finally paid to the state government. the assessing officer was of .....

Wealth-tax Officer Vs. B.K. Chatterjee

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1982)1ITD857(Kol.)

..... would not be satisfied in respect of any liability of the assessee for payment of tax of some other persons within the meaning of section 199 of the income-tax act, 1961. consequently, he rejected the contention of the wto that the timely deposit of the tax deducted at source was a duty cast on the assessee in pursuance of the relevant ..... provisions of the act and, therefore, the liability was hit by section 2(m). however, the ..... behalf of the central government and, thus, treat him as an agent of the central government. according to sub-section (2) of section 201 of the income-tax act, the tax deducted but not paid together with simple interest payable thereon, if any, for delayed payment shall be a charge upon all the assets of the person or the .....

Rajesh Jhaveri Stock Brokers Pvt. Ltd. Vs. Assistant Commissioner of I ...

Court : Gujarat

Reported in : (2005)196CTR(Guj)105; [2006]284ITR593(Guj)

..... the respondent issued impugned notice under section 148 of the act. on 31st may, 2004 a return of income declaring the loss at the same figure, as declared in the original ..... today.3. the petitioner, a private limited company filed its return of income for assessment year 2001-2002 on 30th october,2001 declaring total loss of rs.2,70,85,105/-. the said return was processed under section 143(1) of the income tax act, 1961 (the act) accepting the loss returned by the petitioner. on 12th may, 2004 ..... objection may serve as information on the basis of which the income-tax officer can act, ultimate action must depend directly and solely on the formation of belief by the income-tax officer on his own where such information is passed on to him by the audit that income has escaped assessment. in the present case, by scrupulously analysing .....

Annamma Kunjacko Vs. Tax Recovery Officer and Others.

Court : Kerala

Reported in : [1967]64ITR85(Ker)

..... income-tax act, 1922, could be executed by arrest and detention under the income-tax act, 1961. this court held that it could be so executed as all orders and proceedings issued under the act of 1922 must, after the commencement of the income-tax act of 1961, be deemed to have been issued under the latter act. the non-availability of the process of arrest and detention for taxes assessed under the travancore income-tax act ..... , before its repeal by the finance act, 1950, was .....

Cit Vs. Sita Ram Rameshwar Prasad

Court : Rajasthan

Reported in : (2002)175CTR(Raj)168

..... and in the circumstances of the case, the tribunal erred in law in holding that no disallowance was to be made under section 43b of the income tax act, 1961, in respect of outstanding sales-tax liability of rs. 34,576 shown in the balance-sheet at the end of the relevant accounting year as the said liability had been discharged by ..... and in the circumstances of the case, the tribunal erred in law in holding that no disallowance was to be made under section 43b of the income tax act, 1961, in respect of outstanding sales-tax liability of rs. 2,210 shown in the balance-sheet at the end of the relevant accounting year as the said liability had been discharged by ..... and in the circumstances of the case, the tribunal erred in law in holding that no disallowance was to be made under section 43b of the income tax act, 1961, in respect of outstanding sales-tax liability of rs. 9,267 shown in the balance-sheet at the end of the relevant accounting year as the said liability had been discharged by .....

Indian Seamless Enterprises Limited

Court : Mumbai

..... ? 12. at this stage it will also be apposite to notice the definition of dividend ? as contained in the income tax act, 1922 and the income tax act, 1961. the definition of dividend ? contained in the income tax act, 1922 is as follows: "2. in this act, unless there is anything repugnant in the subject or context 6(a) dividend ? includes ? the definition of ..... 07 and ay 2007-08 respectively. iii) penalty proceedings in respect of ays 2006-07 to 2012-13. 29. relying upon section 281 of the income tax act, 1961, the income tax department has contended that the gift of the shares of taal by the petitioner to its shareholders as proposed under the scheme is void. it is ..... shares of taal by the petitioner company to its shareholders constitutes dividend as specifically defined in the various sub-clauses of section 2(22) of the income tax act, 1961. 13. i will first consider the argument of mr. tulzapurkar that the petitioner company is conferred with the widest powers to formulate any kind of .....

Commissioner of Income-tax, Delhi and Rajasthan Vs. Bharat Carbon and ...

Court : Supreme Court of India

Reported in : AIR1966SC1561; [1966]60ITR91(SC); [1966]3SCR170

..... ,916. it is common ground that theassessee had paid advance tax under section 18-a of the indian income tax actto the tune of rs. 36,783/6/- between june, 1946 and march, 1947. this tax waspaid under the indian income-tax act to the income-tax officer, lahore.' 4. the income-tax officer iii, additional business circle, new delhi, by hisorder ..... that what may have beendone by the pakistan authorities in january, 1948, cannot be called aproceeding under the indian income tax act and the fact that the money paid bythe assessee under the indian income tax act may have been seized by thepakistan authorities or disposed of in some other manner, can in no way affectthe right ..... to consider the interpretation of s. 9of the indian independence (rights, property and liabilities) order, 1947. byvirtue of the simultaneous application of the indian income tax act in both thedominions, there was a statutory modification of the incidents of the advancetax paid by the assessee. 14. in the result we hold that .....