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 : 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 .....
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 : Kolkata
Reported in : [1978]114ITR59(Cal)
..... to the appellate assistant commissioner, against the decision to treat the assessee as statutory agent of the said non-residents under section 163(1) of the income-tax act, 1961, and also against the quantum of the assessments. the appellate assistant commissioner disposed of the appeals by a consolidated order.3. one of the points agitated ..... section (1)of section 139.'7. mr. b. l, pal, learned counsel for the revenue, based his submissions only on section 161 of the income-tax act, 1961. he stated that once a person was treated to be a representative assessee then he would be subject to the same duties, responsibilities and liabilities in respect ..... representative assessee was liable to pay interest under section 217(1) of the income-tax act, 1961, for non-payment ofadvance tax in accordance with the provisions of section 212(3) of the said act. the appellate assistant commissioner came to the conclusion that as the income-tax act, 1961, became law only on the 1st april, 1962, it did not confer .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1985)11ITD544(Hyd.)
..... of the representative-assessee is 'in like manner and to the same extent' even as statutorily provided under section 161 of the income-tax act, 1961 ('the act'). he also referred to sections 166 and 167 of the act in the same chapter relating to assessment on representative-assessees, to show that the assessment could be in either hands, and ..... on same terms. the result is that the assessee was the sole beneficiary during his lifetime of the income from certain properties in pursuance of the agreement, dated 6-5-1962. the income was also assessed for income-tax purpose in the assessee's personal assessments. but the capital loss on sale of property in trust on ..... as pointed out by the learned counsel for the assessee, were not dissimilar. this decision rendered for wealth-tax purposes was followed for income-tax purposes in smt. kamalini khatau's case (supra) where it not only held that the income can be assessed in trustee's hands, but also stated how (at what rate) it should be assessed .....
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 : Rajasthan
Reported in : (1985)53CTR(Raj)327; [1986]160ITR170(Raj); 1985(2)WLN783
..... as that of 'association of persons' from the assessment year 1960-61. the assessee submitted a miscellaneous application under section 254(2) of the income-tax act, 1961 (no. xliii of 1961), and invited the attention of the tribunal that the following grounds of appeal were not disposed of by the tribunal:(1) that the appellate ..... beneficiaries directly or on the erstwhile partners through their representatives under the provisions of section 41 of the indian income-tax act, 1922, in respect of assessment years 1960-61 and 1961-62 and under section 161 of the income-tax act, 1961, in respect of the assessment years 1962-63 to 1966-67?'2. the assessee, m/s. duduwala ..... or on the erstwhile partners through their representatives underthe relevant provisions of the act. here, we may mention that the relevant provisions for the assessment years 1960-61 and 1961-62 is section 41 of the indian income-tax act, 1922 (the 'old act'), and for the assessment years 1962-63 to 1966-67, the material .....
Tag this Judgment!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 : Income Tax Appellate Tribunal ITAT Madras
Reported in : (1989)31ITD499(Mad.)
..... court in the case of w.o. holdsworth (supra), extracted above, in section 161 of the income-tax act, 1961. this section provides only for the assessment of the income of the beneficiary in the hands of the trust. such income can arise to the beneficiary only in terms of the trust deed. what is earned by the trustee ..... the opinion that the assessee is entitled to succeed.6. prior to the coming into force of the income-tax act, 1961, there was a doubt i whether the revenue had an option to choose to tax the beneficiary directly or to tax the trustee, especially when he is carrying on business so as to impose a higher rate of ..... object. accordingly section 161 has been enacted in the income-tax act, 1961 with the consequence that it is no longer permissible for any income received by a representative assessee as defined in section 160 to be taxed under the general charging section 4. the corresponding provision of the wealth-tax act, namely section 21, came up for consideration before the .....
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