Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1988)27ITD619(Delhi)
..... ) except that the work out of the deduction under section 80j requires to be gone through afresh, since deduction in terms of chapter vi-a of the income-tax act, 1961 in lieu of 80j relief for deficiency and otherwise is to be allowed in accordance with law and accordingly we will direct the assessing officer to work out the same ..... chapter vi-a of the income-tax act, 1961. hence the computation has to be in accordance with the explanation reproduced hereinabove.4.1 that apart chapter vi-a of the income-tax act provides for deductions to be made in computing 'total income' under section 80b(5), 'total gross income' has been defined as the total income computed in accordance with the provisions of the income-tax act before making any deduction .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1984]148ITR412(MP)
..... unsustainable in law and in setting aside the assessment with a direction to make separate assessment on the managing trustee under section 161(1) of the income-tax act in respect of the income of the share of each of the three beneficiaries on the basis of three returns filed '2. the facts are that for three assessment years ..... , contended that section 161 of the i.t. act, 1961, provides for assessment in a representative capacity and what is a representative assessee, has been defined in section 160(1)(iv). it was contended that the note put by the learned author in kanga and palkhivala's income-tax act about the department's option only means that the ..... i.t. act, 1961, and this court directed the tribunal to make a reference and, hence, this reference has been made by the tribunal for answering the question quoted above.4. learned counsel appearing for the department contended that the law on the subject has been stated in kanga and palkhivala's law and practice of income-tax, seventh edn .....
Tag this Judgment!Court : Kolkata
Reported in : 82CWN905,[1978]115ITR323(Cal)
..... hereinafter referred to as ' the act.' sabyasachi mukharji j., who heard the rule, upheld the contentions of the respondent no. 1 and set aside the impugned orders of the ito. ..... income of the non-resident including his income received through the respondent no. 1. further, it was contended that for the assessment years 1970-71 and 1971-72, there was no mistake apparent on the face of the record, and, accordingly, the ito had no jurisdiction to exercise his power under section 154 of the income-tax act, 1961, ..... previous years, as the case may be, of every person : provided that where by virtue of any provision of this act income-tax is to be charged in respect of the income of a period other than the previous year, income-tax shall be charged accordingly.' 6. sub-section (1) of section 161 provides as follows :' 161. (1) every .....
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 : Kolkata
Reported in : [1984]145ITR119(Cal)
..... facts and in the circumstances of the case, and on proper interpretation of the provisions of sections 9 ,160, 161 and 163 of the income-tax act, 1961, interest under section 139(8) of the act could be validly charged against the assessee for the accounting period relevant to the assessment year 1973-74. '9. there were some printing mistakes ..... under sub-section (1) of section 139 either directly or through its statutory agent. we are of the view that all these things require consideration by the income-tax officer for the purpose of deciding whether the interest under section 139 should be waived or reduced under the rules and the appellate assistant commissioner, therefore, in ..... of the act. admittedly, the said bank did not file the said return by 30th june, 1973. the said return as already stated was filed on 28th may, 1974. that being the position the said bank cannot escape the consequence of not filing the return of income by 30th june, 1973. as rightly held by the income-tax officer, .....
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 : Kerala
Reported in : (1987)65CTR(Ker)84; [1987]167ITR383(Ker); [1987]34TAXMAN265(Ker)
k. sreedharan j. - this is a petition under section 256(2) of the income-tax act, 1961. the revenue prays for directing the income-tax appellate tribunal, cochin bench, to state the case and refer the following questions of law for decision by this court :'(1) whether, on the facts and in ..... of the beneficiaries were not unknown and indeterminate. the said decision was made applicable to the case of assessment under the income-tax act as well. on that basis, the income-tax appellate tribunal decided the liability of the assessee under the income-tax act for the assessment years 1971-72 to 1973-74. even then, according to learned counsel appearing for the revenue, a ..... the case and to refer the questions. we are unable to agree to the said submission made by learned counsel appearing for the revenue.section 256(2) of the income-tax act reads as follows :'if, on an application made under sub-section (1), the appellate tribunal refuses to state the case on the ground that no question of law .....
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!