Court : Mumbai
Reported in : (1990)87CTR(Bom)71; [1991]188ITR224(Bom)
..... reference to the provisions of that section.7. section 21(4) of the wealth tax act is analogous to section 164 of the income-tax act, 1961.' analysing section 21(1) and 21(4) of the wealth tax act, the supreme court observed that the provisions of the wealth-tax act are similar to those of the income-tax act. hence, by a parity of reasoning, whenever an assessment is made on trustees ..... prior to the date when section 161(1a) was inserted in the income-tax act, 1961. this amendment has been inserted by the finance act, 1984, with effect, from april .1, 1985. we are, therefore, concerned with the relevant provisions of the income-tax act prior to that date.3. chapter xv of the income-tax act, 1961, deals with tax liability in certain special cases. this includes, inter alia, the liability of .....
Tag this Judgment!Court : Chennai
Reported in : [1993]200ITR396(Mad)
..... under this section the revenue has the option to levy or collect tax from the trustee or the beneficiary; the tax can be levied upon and recoverable from the trustee ..... upon and recoverable from the person represented by him.' 7. in cit v. h. e. h. mir osman ali bahadur : [1966]59itr666(sc) , referred to above, the supreme court had to interpret section 41 of the indian income-tax act, 1922, corresponding to section 161 of the income-tax act, 1961, and the court observed as follows (at page 682) : ' ..... 1. the common question of law referred to this court at the instance of the revenue in these tax case references under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), in respect of the assessment years 1973-74 to 1975-76, is : 'whether, on the facts and circumstances of the case, the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1992)40ITD1(Hyd.)
..... to the assessing officers : assessment of representative assessee (trust) - status - instructions reg. the question whether trustees who are assessed in the capacity of representative assessees under section 160 of the income-tax act, 1961, can be assessed in the status of an association of persons where such trustees are authorised by the settlor to carry on business on behalf of and for the benefit ..... with other additions.7. according to the assessing officer, assessee paid interest and remuneration with the only view to get over the provisions of section 161(1a) of the income-tax act, 1961 (hereinafter called the act), which came into force from the asst. year 1985-86. there is no agreement between the beneficiaries and the trust for payment of this interest.the assessing officer .....
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 : 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 : 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 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1996)56ITD64(Hyd.)
..... relate to asst. year 1985-86. they are against the orders of the commissioner of income-tax (appeals). the assessee's appeal is against treating it as an agent of m/s south glory international pvt. ltd., singapore under section 163 of the i.t. act, 1961 while the revenue's appeal is against cancellation of order under section 143(3) on ..... . ltd v. cit [1953] 23 itr 152 (sc), and jadavji namshidas & co. ..... be assessed in respect of any taxable income which was receivable or received by him on behalf of the non-resident even if such income did not fall within the provisions of section 42(1) of the old act corresponding to section 9(1)(0 of the present act of 1961. the cases relied upon by the cit (appeals), viz., turner morrison & co .....
Tag this Judgment!Court : Chennai
Reported in : [1996]221ITR649(Mad)
..... . 164(1) only lays down the rate of tax applicable to a discretionary trust. it is not concerned with the manner of computation of total income. in fact, this section comes into play only after the income has been computed in accordance with the other provisions of the it act, 1961. since the determination of the status of an assessee ..... is a part of the process of computation of income, it is necessary to look into the ..... tax laws if the context so requires. the word 'association' means 'to join in any purpose' or 'to join in action'. therefore, 'aop' as used in s. 2(31)(v) of the it act, 1961, means an association in which two or more persons join in a common purpose or common action. the association must be one the object of which is to produce income .....
Tag this Judgment!Court : Chennai
Reported in : (1997)138CTR(Mad)97
..... . 164(1) only lays down the rate of tax applicable to a discretionary trust. it is not concerned with the manner of computation of total income. in fact, this section comes into play only after the income has been computed in accordance with the other provisions of the it act, 1961. since the determination of the status of an assessee ..... is a part of the process of computation of income, it is necessary to look into the ..... tax laws if the context so requires. the word 'association' means 'to join in any purpose' or 'to join in action'. therefore, 'aop' as used in s. 2(31)(v) of the it act, 1961, means an association in which two or more persons join in a common purpose or common action. the association must be one the object of which is to produce income .....
Tag this Judgment!Court : Chennai
Reported in : [2000]241ITR719(Mad)
..... it reached, relied on gnanam & sons vs . cit : [1961]43itr485(mad) . but, with respect, we state that this reasoning while placing reliance on : [1961]43itr485(mad) is not correct and requires reconsideration for the following reasons : : [1961]43itr485(mad) (supra) arose under the it act, 1922. further, it arose in a different context. there, the ito assessed to income-tax a registered firm under the second proviso to ..... s. 23(5)(a) of the it act, 1922, in regard to the share of a non-resident partner for the profits of his .....
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