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 : Rajasthan
Reported in : [1986]160ITR463(Raj)
..... person, the firm having come to an end after the death of shri rameshwar nathani '10. however, in the applications filed under section 256 of the income-tax act, 1961, before us, eight questions are sought to be got referred, although some are common, while others are overlapping. 11. it was urged by the learned ..... , on the facts and in the circumstances of the case, the tribunal was justified in not directing the assessment and computation of tax in accordance with section 161 of the income-tax act, 1961, as the shares of the beneficiaries are determined 5. whether, on the facts and in the circumstances of the case, the assessment ..... the provisions of section 41 of the indian income-tax act, 1922, in respect of the first two assessmet years and under section 161 of the income-tax act, 1961, in respect of the remaining five assessment years. 8. thereafter, the assessee filed applications under section 256(1) of the income-tax act, 1961, before the appellate tribunal seeking a reference to .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]102ITR356(Guj)
..... the persons who are referred to in section 41(1) of the indian income-tax act, 1922, equivalent to section 160 of the income-tax act, 1961, are not the persons having any beneficial interest in the income. none of them has any beneficial interest in the income, for example, the court of wards, the administrator-general, the official trustee ..... ) must be answered against the assessee and it must be held that the income includible in the total income of the assessee is income determinable as per the provisions of the income-tax act, 1961, in the case of the trust and not the income actually received or receivable by the assessee from the said trust or according to ..... the facts and in the circumstances of the case, the income includible in the total income of the assessee is income determinable as per provisions of the income-tax act, 1961, in the case of the trust or the income receivable by the assessee from the said trust ?' 6. in income-tax reference no. 29 of 1973, only one question has been .....
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 : 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. .....
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 : Chennai
Reported in : [2005]274ITR41(Mad)
..... business under the terms of deed of trust are not in the same position as receivers. an association of persons as used in section 3 of the income tax act, 1961, means an association in which two or more persons join in a common purpose or common action, and as the words occur in a section which imposes a ..... appeal is answered against the appellant/revenue by a division bench of the bombay high court in 'commissioner of income tax vs marsons beneficiary trust : [1991]188itr224(bom) , wherein it was held as follows:-'under section 161 of the income tax act, 1961, the tax shall be levied upon and recovered from a trustee in like manner and to the same extent as it ..... would be leviable upon and recoverable from the person represented by him. in other words, income which comes to the share of a beneficiary has to be .....
Tag this Judgment!Court : Gujarat
Reported in : [1969]74ITR396(Guj)
..... bhagwati, c.j.1. this reference raises a short but very interesting question of construction of section 164 of the income-tax act, 1961. the reference arises out of an assessment made on the trustee of a trust called panna sanjay trust for the assessment year 1962-63, the ..... question is concerned, is admittedly the same as the shame of the old income-tax act and these observations of the bombay high court though made in the context of the old income-tax act would have equal validity under the present income-tax act. wherever any income is excluded from chargeability to tax either expressly or by necessary implication arising from the scheme of the ..... the purpose of determination of rate. but this postulate is plainly incorrect and is contrary to the scheme of the income-tax act. the bombay high court, while examining the scheme of the old income-tax act, pointed out in commissioner of income-tax v. n. m. raiji : 'the scheme is that wherever one finds an exemption or exclusion from payment of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1386; [1970]76ITR1(SC); [1969]2SCR353
..... under section 209 and 210 of the (indian) income-tax act, 1961, no order for payment of advance tax can be made against an agent of non-resident; and (2) that ..... section 156, for the assessment year 1965-66 and for an injunction or prohibition restraining the income-tax officer from enforcing or implementing the order under section 163 and the notice under section 156 read with section 210 of the income-tax act, 1961. the petition was resisted by the income-tax officer. 2. in support of the petition counsel for the company raised two contentions : (1) that .....
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