Judgment Search Results Home > Cases Phrase: income tax act 1961 section 161 liability of representative assessee Sorted by: recent Page 6 of about 19,237 results (2.332 seconds)

Dharamdas Hargovandas Vs. First Income-tax Officer

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 .....

Mrs. A.V. Rajani Reddy Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1985)11ITD1(Hyd.)

..... the beneficiaries. in fact, the liability of a trustee on an assessment on him under section 161 of the income-tax act, 1961 ('the act'), is "in like manner and to the same extent" as on beneficiary and should not ordinarily make any difference especially in the light of clarification by the supreme court in ..... a discretionary trust to be accumulated till attainment of majority was includible in father's hand, under section 16(3)(b) of the indian income-tax act, 1922 ('the 1922 act'). he claimed that it is open to the beneficiary to enforce the claim during the year if the money is required for the purpose to which it has been settled. ..... , there has been considerable development of law after the said decision even as noticed in the preceding paragraphs. the learned authors kanga and palkhivala in the law and practice on income-tax, vol. 1, 7th edn., p. 603, would say that the decision is incorrect. this was also specifically dissented from by the bombay high court in the case of h.h .....

Commissioner of Income-tax Vs. Karelal Kundanlal Trust

Court : Madhya Pradesh

Reported in : [1984]148ITR412(MP)

..... unsustainable in law and in setting aside the assessment with a direction to make separate assessment on the managing trustee under section 161(1) of the income-tax act in respect of the income of the share of each of the three beneficiaries on the basis of three returns filed '2. the facts are that for three assessment years ..... , contended that section 161 of the i.t. act, 1961, provides for assessment in a representative capacity and what is a representative assessee, has been defined in section 160(1)(iv). it was contended that the note put by the learned author in kanga and palkhivala's income-tax act about the department's option only means that the ..... i.t. act, 1961, and this court directed the tribunal to make a reference and, hence, this reference has been made by the tribunal for answering the question quoted above.4. learned counsel appearing for the department contended that the law on the subject has been stated in kanga and palkhivala's law and practice of income-tax, seventh edn .....

Grindlays Bank Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1984]145ITR119(Cal)

..... facts and in the circumstances of the case, and on proper interpretation of the provisions of sections 9 ,160, 161 and 163 of the income-tax act, 1961, interest under section 139(8) of the act could be validly charged against the assessee for the accounting period relevant to the assessment year 1973-74. '9. there were some printing mistakes ..... under sub-section (1) of section 139 either directly or through its statutory agent. we are of the view that all these things require consideration by the income-tax officer for the purpose of deciding whether the interest under section 139 should be waived or reduced under the rules and the appellate assistant commissioner, therefore, in ..... of the act. admittedly, the said bank did not file the said return by 30th june, 1973. the said return as already stated was filed on 28th may, 1974. that being the position the said bank cannot escape the consequence of not filing the return of income by 30th june, 1973. as rightly held by the income-tax officer, .....

Commissioner of Income-tax Vs. Gangadhar Sikaria Family Trust and Kama ...

Court : Guwahati

..... , on the facts and in the circumstances of the case, and having regard to the provisions of sections 161 and 164 of the income-tax act, 1961, the tribunal is right in holding that the income from the trust properties has to be allocated among the beneficiaries according to their respective shares and inclusion of the same in the total ..... 1. this batch of four cases are referred for the opinion of this court under section 256(1) of the i.t. act, 1961 (hereinafter referred to as 'the act'), at the instance of the commissioner of income-tax, north eastern region, shillong. the facts and the questions referred in all the four cases are identical and, therefore, we ..... or inconsistent with the provisions of section 161 or section 164 of the i.t. act, 1961. 26. section 160 of the i.t. act which enumerates the categories of the representative assessees who are assessable in respect of the income of the beneficiaries which belong to other persons, specifically includes a trustee appointed under a .....

income-tax Officer, f Ward and ors. Vs. Eastern Scales (Pvt.) Ltd.

Court : Kolkata

Reported in : 82CWN905,[1978]115ITR323(Cal)

..... hereinafter referred to as ' the act.' sabyasachi mukharji j., who heard the rule, upheld the contentions of the respondent no. 1 and set aside the impugned orders of the ito. ..... income of the non-resident including his income received through the respondent no. 1. further, it was contended that for the assessment years 1970-71 and 1971-72, there was no mistake apparent on the face of the record, and, accordingly, the ito had no jurisdiction to exercise his power under section 154 of the income-tax act, 1961, ..... previous years, as the case may be, of every person : provided that where by virtue of any provision of this act income-tax is to be charged in respect of the income of a period other than the previous year, income-tax shall be charged accordingly.' 6. sub-section (1) of section 161 provides as follows :' 161. (1) every .....

Mahamaya Dassi Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1980]126ITR748(Cal)

..... definite and ascertainable and as such the assessments should be made as 'association of persons' under sections 164 and 26 of the income-tax act, 1961?'8. in order to determine whether section 164 of the i.t. act, 1961, would be applicable in the instant case, it is, in our opinion, necessary first to decide whether section 168 had any ..... result in a benefit to the revenue.' 12. section 168 of the i.t. act, 1961, deals with the executors and is to the following effect :'(1) subject as hereinafter provided, the income of the estate of a deceased person shall be chargeable to tax in the hands of the executor,-- (a) if there is only one executor, then ..... assessee, he shall not, in respect of that income, be assessed under any other provision of this act.' 11. section 164 of the i.t. act, 1961, deals with the charge of tax where the share of beneficiaries is indeterminate or unknown and is to the following effect:'where any income in respect of which the persons mentioned in clauses .....

Commissioner of Income-tax Vs. T.i. and M. Sales Ltd.

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 .....

The Commissioner of Income-tax, Gujarat, Ahmedabad Vs. Kamalini Khatau

Court : Gujarat

Reported in : AIR1978Guj162; [1978]112ITR652(Guj)

..... of the income-tax act, the decisions under the wealth tax act will also have their impact in interpreting section 161 and section 164 of the act of 1961. section 21(1) of the wealth tax act is analogous to section 161 of the act of 1961 and section 21(4) of the wealtil tax act is analogous to s. 164 of tfi6 income-tax act, 1961. at ..... it is necessary to refer to the relevant provisions of the indian income-tax act, 1922 (hereinafter referred to as 'the act of 1922') and compare them with the analogous provisions in the income-tax act, 1961 (hereinafter referred to as 'the act of 1961'). section 40 of the act of 1922 was included in chapter v which dealt with "liability in ..... the harm that is likely to happen by unsettling law that had been once settled. we may " note that the act has been repealed by the income-tax act, 1961. the corresponding provisions of the 1961 act are materially different from the provisions referred to earlier. under these circumstances we do not think that we would be .....

Commissioner of Income Tax, Madras (Central) Vs. Express Newspapers (P ...

Court : Chennai

Reported in : [1978]111ITR347(Mad)

..... rs. 52,747 levied under section 271(1)(a) of the income-tax act, 1961, for the assessment year 1961-62 ?'shri janakidas baijnath of nepal, hereinafter referred to as the assessee was a non-resident. on february 11, 1963, the income-tax officer issued a notice under section 163 of the income-tax act to the principal officer of the express newspapers (private) ltd., ..... rao j. - the revenue sought for a reference and, consequently, the following question of law has been referred under section 256(1) of the income-tax act, 1961, for our decision :'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in cancelling the penalty ..... in common parlance, the agent. on february 27, 1963, the income-tax officer served on the agent a notice under section 139(2) read with section 148 of the act calling upon the agent to file returns of the income of the assessee for the assessment year 1961-62. the representative-assessee filed such a return on january 28, .....