Court : Chennai
Reported in : (2003)181CTR(Mad)321
..... whether, on the facts and in the circumstances of the case, the assessee-trust is not entitled to exemption under section 11 r/w section 161(1) of the it act, 1961 2. whether, on the facts and in the circumstances of the case, the tribunal having held that the applicant cannot be treated as a private discretionary trust was right ..... . 6. the assessee, therefore, was entitled to be regarded as a representative assessee and, as such, the beneficiary being aurobindo ashram, which was exempt from tax under section 11, the income which the assessee received for the benefit of the ashram was also exempt. 7. the questions referred to us are, therefore, answered in favour of the assessee ..... being rs. 1,31,592. 3. the assessee's claim that it is only a representative assessee and that as the income is received for the benefit of the aurobindo ashram and the ashram is exempt from tax, no liability will attach to the assessee, was not accepted by the ao, the appellate authority and the tribunal. at .....
Tag this Judgment!Court : Allahabad
Reported in : [1969]24STC356(All)
..... xv. sections 160 to 166 in that chapter deal with representative assessees. under those provisions tax is levied upon and recovered from an agent of a non-resident assessee, from ..... appropriate provisions would have been made in the act to levy and collect tax on a commission agent in his representative capacity. the device of levying upon and collecting tax from the agents or other representatives of certain class of assessees is often resorted to in taxing statutes. in the income-tax act, 1961, such a device is embodied in chapter ..... on the following question of law :whether on the facts and in the circumstances of the case, the assessee acting as commission agent was liable to pay sales tax in the years 1960-61 and 1961-62 on the turnover of khandsari sugar manufactured by his principals?2. the statement of the case is a .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1985)12ITD560(Ahd.)
..... by chaturvedi and pithisaria (vol. 1.3, p. 3275).he also relied upon the provisions of section 161(1) of the income-tax act, 1961 ('the act').6. the learned departmental representative, on the other hand, replied that the cases relied upon by the assessee's representative concerned the assessment of the ..... correct and reiterated his argument that since the source of income for the beneficiaries was the trust deed, their income would fall under the category of 'income from other sources'.7. the cases relied upon by the assessee's representative decide only that application of section 41 of the indian income-tax act, 1922 is mandatory and that the liability of the ..... trustees is co-extensive with that of the beneficiaries. this is a direct application of law that the trustees are to be taxed in the same manner and to the same extent as the beneficiaries. .....
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 : 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 : Supreme Court of India
Reported in : (1999)152CTR(SC)439
..... that the assessment for the years 1973-74 and 1974-75 on the trustees had to be made in accordance with the provisions of section 161 of the income tax act, 1961 ?'the question aforementioned relates to the assessment years 1973-74 and 1974-75. (similar questions for subsequent years were answered similarly and are the subject-matter of ..... rejected the claim that the assessee should be assessed as a representative assessee within the meaning of section 161(l) of the income tax act, 1961 (hereinafter referred to as 'the act') because he found that the trust created by the trust deed was invalid. (similar assessments were made for subsequent years.) the appellate assistant commissioner allowed ..... the trust deed which we have quoted, concluded that all were the same persons. it then referred to the provisions of section 7 of the indian trusts act, 1882 and held that they were mandatory insofar as they spoke of the persons qualified to create a trust. thereunder, a trust created by or on behalf .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (1990)33ITD270(Pune.)
..... of the above decision the submission of the learned departmental representative before us was based on the provisions of section 4 read with section 28(1) of income-tax act, 1961 are liable to be rejected and we reject the same. another submission made before us was that the beneficiaries should be regarded as an aop and for ..... with the consent of the parties as the point involved was identical. these appeals are directed against the order of the commissioner of income-tax in exercise of his powers under section 263(1) of the income-tax act, 1961.2. we shall narrate the facts in i. t. a. no. 525/pn/1987. the facts in that appeal are ..... in the hands of the trust was nil. he allocated the above income amongst three beneficiaries the three beneficiaries were assessed in respect of his share in the said income.4. subsequently the commissioner of income-tax, kolhapur, commenced proceedings under section 263 of the income-tax act, 1961. a notice was issued to the assessee-trust to show cause why .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)155CTR(All)218
..... surety to the firm and its partners for a liability to the extent of rs. 1,00,559. the fact of the applying and obtaining of income-tax clearance certificate under s. 230a of the act, by the partners of the said firm, according to the respondents are not relevant, and therefore, the recovery proceedings for the realisation of the ..... by sri bhupendra singh, son of the petitioner it has been reiterated that the petitioner stood surety only for the liability of income-tax, wealth-tax and gift-tax and not for any penalty under s. 271(1)(c) of the act, and therefore, the petitioner is not liable to pay the amount of penalty imposed under s. 271(1)(c) against ..... feb., 1985. it appears that the ito, circle-1(6), kanpur, respondent no.1 initiated penalty proceedings against the firm under s. 271(1)(c) of the it act, 1961, (hereinafter referred to as the 'act'), and imposed penalty on the said firm. the partners of the said firm applied and obtained clearance certificate under s. 230a of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj167; [1969]73ITR490(Guj)
..... trustees on behalf of or for the benefit of the assessee and the assessee was liable to be assessed directly in respect of such income under section 166 of the income-tax act, 1961. the income- tax officer accordingly included the entire income of the three trusts in the total income of the assessee for all the three assessment years. the asessee being aggrieved by the orders of the ..... income-tax officer, preferred appeals to the appellate assistant commissioner. the appellate assistant commissioner disagreed with the view taken by the income-tax officer and held that the only income receivable by .....
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