Judgment Search Results Home > Cases Phrase: income tax act 1961 section 161 liability of representative assessee Sorted by: recent Page 1 of about 19,237 results (0.223 seconds)

The Director of Income Tax Vs. Shardaben Bhagubhai Mafatlal Public Cha ...

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. .....

Triniti Corporation Vs. Commissioner of Income Tax

Court : Authority for Advance Rulings

..... . the present application has been filed in the prescribed form by m/s. trinity corporation usa, under section 245q(1) of the income-tax act, 1961 (in short the act) on 1.12.2006, seeking advance ruling from the authority on the questions mentioned therein.2. before adverting to the precise questions on which rulings of the authority are sought, ..... for appellant/petitioner/plaintiff: k.c. devdas, c.a. and ananth padmanabhan, adv.income tax act, 1961 - sections 2(14), 2(47), 9, 9(1), 45(1), 160, 160(1), 161, 163, 163(1), 195, 245r(2) and 245q(1) o income--deemed to accrue or arise in india under section 9(1)(i) income from transaction relating to capital asset situated in india--mr. j, a .....

Commissioner of Income Tax Vs. T.S.K. Enterprises

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 .....

Air India Ltd. Vs. Caribjet Inc.

Court : Mumbai

Reported in : [2004]271ITR370(Bom)

..... and payable on the assessment of the defendant of its operation in india would become payable by the plaintiff under sections 160 and 161 of the income-tax act, 1961.26. the plaintiff submits that the defendant be ordered and decreed to pay to the plaintiff the sum of rs. 5,00,00,000 (rupees five crores ..... complied with all the terms under the said wet lease agreement and the provisions of the income-tax act, 1961. the plaintiff submits that it has deducted tax at source from the payments it has made to the defendant and has paid over these sums to the tax authorities. apart from the provisions of clause 11.1 of the wet lease agreement, the ..... money immediately.'17. para. 15 of the plaint reads thus :'another order dated march 27, 2000, was also issued by the income-tax department under section 226(3) of the income-tax act calling upon the plaintiff to pay to the income-tax authorities the amount payable to the defendant which amounted to rs. 132,65,21,397 (us $ 28.22 million) and .....

Mrs. Amy F. Cama (Trustee of the Estate of Late M.R. Adenwalla) Vs. Co ...

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 .....

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 .....

Gopal Srinivasan Trust Vs. Assistant Director of Income-tax

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 .....

income-tax Officer Vs. Ashokanand Investments

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 .....

Mohammed Omer Family Trust Vs. Income-tax Officer

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 .....

Mrs. Arundhati Balkrishna Shri Ambica Mills Premises, Ahmedabad Vs. Co ...

Court : Supreme Court of India

Reported in : AIR1989SC1092; (1989)76CTR(SC)108; (1989)2GLR1148; [1989]177ITR275(SC); JT1989(1)SC429; 1989(1)SCALE529; 1989Supp(1)SCC278; [1989]1SCR865

..... other sources?(2) whether, on 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?4. the question referred to the high court for ..... subject to the same duties, responsibilities and liabilities as if the income were income received by or accruing to or in favour of him ..... 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 .....