Judgment Search Results Home > Cases Phrase: income tax act 1961 section 161 liability of representative assessee Sorted by: old Court: income tax appellate tribunal itat delhi Page 1 of about 534 results (0.226 seconds)

income-tax Officer Vs. Deepak Agarwal (P) Family Trust

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)45ITD127(Delhi)

..... before him, apart from the merits, was whether an order passed under section 143(1) of the income-tax act, 1961, was at all appealable. section 143(1) of the income-tax act, 1961, as substituted by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, introduced a totally different procedure than obtaining earlier to the ..... . according to the learned departmental representative no appeal could lie against an order under section 143(1), in terms of section 246 of the income-tax act, 1961, and that the appellate assistant commissioner erred in holding that an appeal would lie against an order under section 143(1). even the presumption ..... of persons unspecifie'd shares is not permissible under section 143(1) of the income-tax act. 4. the appellate assistant commissioner was not justified in directing the income-tax officer to charge tax under section 161/166 of the income-tax act, 1961. the order of the learned appellate assistant commissioner being erroneous to set aside and .....

income-tax Officer Vs. Sanak Steel Tubes (P.) Ltd.

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 .....

Slocum Investment P. Ltd. (Now Vs. the Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

..... to question the loan amount which was the subject matter of a regular assessment, while making block assessment, the court held as follows: the explanation to section 158ba of the income-tax act, 1961 makes it clear that the legislature thought it fit to make a distinction between the block assessment and the regular assessment. in the case of regular assessment, the assessing officer ..... country. it has an independent board having 3 non-resident directions in addition to mr. shiv nadar as director. further, as per clause (ii) of section 6(3) of the income tax act, 1961, m/s vsipl (m) is not a company resident in india as the control and management of its affairs is situated wholly outside india and all decisions are taken by .....

Slocum Investment (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101TTJ(Delhi)558

..... re (1941) 9 itr 95 (bom) wherein it was held that tax is not imposed on income generally. it is imposed on the income of a person, natural or artificial, as defined in section 3. the tribunal thereafter, referred to the various provisions in the it act, 1961, for initiating proceedings for assessment of income in the case of death of different assessees. in the case of ..... seized during the search and therefore clearly falls within the meaning of 'undisclosed income' defined in chapter xiv of the it act, 1961.82. the learned counsel submitted even as per the ao the transfer of shares by the assessee to the non-resident was with the view to avoid capital gain tax that may arise in future. if this was the conclusion of the .....

Nar Hari Dalmia Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)7ITD463(Delhi)

..... 9,200 which had escaped assessment in the original assessments of the assessee. in order to assess the said interest income, proceedings were initiated under section 147 of the income-tax act, 1961 ('the act') and reassessments were completed including the income of rs. 920 in each of these three years. the assessee's appeals to the aac failed.accordingly, the assessee ..... gone through the order of the tribunal and also perused the evidence produced. the evidence that was now produced before us was the same as led before the income-tax officer for the earlier year considering which, the tribunal reached the conclusion to which it did. as there is no improvement in the evidence and as this ..... through the entire record. the point at issue in this case, at first, arose in the assessment year 1966-67. the tribunal upheld the action of the income-tax authorities in treating the speculative profit of rs. 9,200 as profit belonging to shri nar hari dalmia. the facts on which the tribunal came to the .....

Pelikan Paper and Stationery Mart Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)7ITD346(Delhi)

..... been held by majority of the lordships of the allahabad high court in this case as follows : section 187 of the income-tax act, 1961, applies only where a firm is reconstituted in accordance with sections 31 and 32 of the indian partnership act namely, when a new partner is taken or an existing partner retires with the consent of all the partners or without ..... into existence on the dissolution of the old partnership and on the execution of a new deed of partnership dated 1-11-1973 and that section 187(2) of the income-tax act, 1961 ('the act') was not attracted as it was a case of succession of one firm by another and section 188 of the ..... after dissolution one or more partners continue, the same business as before by a fresh agreement with one or more new partners. there is no conflict between the partnership act and the income-tax act regarding this aspect. therefore, when a partner dies and the firm is dissolved, though it can be said that he ceases to be a partner, it cannot be said .....

income-tax Officer Vs. Bhawani Singh

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)8ITD414(Delhi)

..... of india as it came to be called after independence including the indian penal code and the taxation laws. that is why he filed his returns of income under the indian income-tax act, 1922, and, thereafter under income-tax act, 1961. therefore, the first question which arises for consideration is as to the nature of the status of the ruler after the merger. when the king became ..... their lordships of the federal court in the case of a.h.wadia (supra), he submitted that the trading activity of ruler of the gwalior was taxed only under the government trading taxation act and the indian income-tax act, 1922, was not applicable. in respect of a judgment of their lordships of the calcutta high court in the case of maharaja bikram kishore of .....

Biju Patnaik Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1983)3ITD693(Delhi)

..... appeals on the additional ground of appeal between different benches of the tribunal, the case was referred by the president under section 255(3) of the income-tax act, 1961, to the special bench consisting of three members for deciding the point at issue.2. there were five interveners who were represented by the counsel and ..... a property would fetch, if sold in the open market, on the valuation date.16. the learned departmental representative further contended that section 144b of the income-tax act was also a procedural section but it could not be given retrospective effect in all proceedings pending when the said section came into force so as to ..... rule 1bb was applicable to the valuation officer, the whole institution of the valuation officers in the income-tax department would become redundant.15. the learned departmental representative then contended that section 7(4) of the wealth-tax act applies to self-occupied properties and it excludes the operation of rule 1bb to such properties. .....

Master Mahabir JaIn Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1982)1ITD132(Delhi)

..... not based on materials on record.the assessments in these cases were completed by the wto under section 16(3) of the act after full hearing and discussions. the details of the investment and the income from the property were all placed before the wto. he did not accept the returned net wealth and made enhancement accordingly for the ..... under section 25(2) and by applying the multiple suggested by the commissioner, the value of the property went down as compared to the value adopted by the wealth tax officer and therefore question of loss of revenue's interest did not arise.1. in these three appeals, the assessee challenged (he validity of the orders under section ..... proper inquiry and in accordance with law, the order is quite in order and liable to be sustained. reliance is placed on addl. cit v. mukur corporation [1978] 111 itr 312 and gee vee enterprises v. cit [1975] 99 itr 375.5. we have given our careful considerations to the rival submissions in the above cases, the main consideration .....

Mridu Hari Dalmia Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)7ITD761(Delhi)

..... -third of the total value, i.e., rs. 27,500 and rs. 24,000 for 11 months under section 17(3) of the income-tax act, 1961 ('the act') read with rule 3 of the income-tax rules, 1962. the point made out by shri sharma was that the 'fair rental value' for determining the perquisite value of the rent-free ..... hands of an employee as 'salary' computed in the manner provided in sections 15, 16 and 17 of the act. section 15 mentions the income chargeable to income-tax under the head 'salaries'. section 16 allows certain deductions in computing the income from salaries. section 17(2)(i) provides that for the purposes of sections 15 and 16, 'perquisite' includes ..... accommodation in this case.14. an attempt was made by the learned departmental representative to distinguish these decisions of the supreme court by contending that tax under the act is on income, while the tax under the municipal laws is on property. in support of this submission, reliance was placed on the decision of the delhi bench 'a' in .....