Court : Chennai
Reported in : [2000]244ITR104(Mad)
..... an assessment is made on the trustees, it must be made in accordance with the provisions of section 21 of the wealth-tax act, 1957 (corresponding to section 161 of the income-tax act, 1961), and every case of assessment on trustees must necessarily fall under section 21 and that cannot be assessed apart from and ..... the assessment is made upon a trustee, whatever the nature of the income, whatever the mode of computation, the liability to pay tax should be determined in accordance with section 41 of the indian income-tax act, 1922, corresponding to section 161 of the income-tax act, 1961. he also relied upon a decision of the supreme court in cwt ..... be entitled to the appropriate relief under section 86 of the income-tax act, 1961 (hereinafter to be referred to as 'the act'). the same reasoning has been adopted by the income-tax officer in the other two cases also.12. the assessee appealed to the commissioner of income-tax (appeals), madurai, against the orders of assessment treating the .....
Tag this Judgment!Court : Chennai
Reported in : (1998)149CTR(Mad)22
..... being the members of the association of persons would be entitled to the appropriate relief under s. 86 of the income tax act, 1961 (hereinafter to be referred to as 'the act'). the same reasoning has been adopted by the income tax officer in other two cases also,8. the assessee appealed to the commissioner (appeals), madurai against the orders of ..... and if the assessment is made upon a trustee, whatever the nature of the income, whatever the mode of computation, the liability to pay tax should be determined in accordance with s. 41 of the income tax act, 1922, corresponding to s. 161 of the income tax act, 1961. he also relied upon a decision of the supreme court in cwt v. ..... an assessment is made on the trustees, it must be made in accordance with the provisions of s. 21 of the wealth tax act, 1957 (corresponding to s. 161 of the income tax act, 1961) and every case of assessment on trustees must necessarily fall under s. 21 and that cannot be assessed apart from and without reference to .....
Tag this Judgment!Court : Mumbai
Reported in : [1999]237ITR82(Bom)
..... this court for opinion at the instance of the assessee :'whether, on the facts and in the circumstances of the case, the deduction under section 54 of the income-tax act, 1961, was available in, computing the capital gain arising from the sale of the property known as 'aden hall' ?'2. the relevant assessment year is 1962-63. ..... subject to the same duties, responsibilities and liabilities as if the income were income received by or accruing to or in favour of him beneficially ..... is assessable in the hands of the assessee must be the income of the trust received by it on behalf of the assessee. it is apparent from section 161(1) of the income-tax act, 1961, that a representative assessee, that is to say a trustee, as regards the income in respect of which he is a representative assessee, is .....
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 : 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 : Kerala
Reported in : (2000)162CTR(Ker)394
..... without deduction of tax at source as stipulated in section 194a of the income tax act, 1961. hence letters were issued to the assessee. the assessee's representative in his reply, it is stated that the assessee is a specific ..... was paid to 19 persons totalling to rs. 1,60,599 during the year relevant to the assessment year 1988-89 without deduction of tax at source as stipulated in section 194a of the income tax act, 1961. similarly, for the assessment year 1989-90 interest exceeding rs. 2,500 was paid to 21 persons aggregating to rs. 1,62,180 ..... commissioner (appeals). both the appeals were heard together. the deputy commissioner (appeals) held that the assessee is not governed by the provisions under section 194a of the income tax act and therefore, levy of interest under section 201(1a) for both years was cancelled.3. revenue filed appeals as ita nos. 666 and 667/coch/93 before the .....
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 : (2003)185CTR(Mad)673; [2003]260ITR143(Mad)
..... should be assessed only in the hands of the beneficiaries and not in the status of an association of persons as per the provisions of section 161(1a) of the income-tax act, 1961 ?' 2. the assessment years are 1985-86 and 1986-87. 3. the assessee is a trust set up under a deed dated march 21, 1978. the trust ..... in clause (iv) of sub-section (1) of section 160 is liable as representative assessee consists of, or includes, profits and gains of business, tax shall be charged on the whole of the income in respect of which such person is so liable at the maximum marginal rate : provided that the provisions of this sub-section shall not apply where ..... , which was introduced by the finance act, 1984, witheffect from april 1, 1985, was in the statute book and was required to be taken note of while making the assessment for these two years. that sub-section (1a) of section 161 reads thus : 'notwithstanding anything contained in sub-section (1), where any income in respect of which the person mentioned .....
Tag this Judgment!Court : Chennai
Reported in : (2003)181CTR(Mad)129; [2003]260ITR526(Mad)
..... 780 under the head 'other sources' and wanted to be assessed in the status of representative assessee under section 160(1)(iv) of the income-tax act, 1961 ('the act'). the assessee also claimed a refund of tax deducted at source amounting to rs. 3,75,000 out of a sum of rs. 15,00,000 which had been received by them as ..... as it would be leviable upon and recoverable from the person represented by him.'6. section 41 of the indian income-tax act, 1922, which is similar to section 160 of the income-tax act, 1961, was considered by the bombay high court in the case of cit v. balwantrai jethalal vaidya : [1958]34itr187(bom) . chagla c. j., speaking for the court, observed in ..... ]73itr626(sc) , a decision rendered by a three-judge bench, the apex court considered section 64(v), section 161(1) and (2), as also section 166 of the income-tax act, 1961. the court quoted with approval the observations made by chagla c. j., in the case of vaidya : [1958]34itr187(bom) , that (page 632) :'the basic idea .....
Tag this Judgment!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 .....
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