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 .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)70TTJ(Mumbai)161
..... the assessing officer, but they were all negatived and the amount of fees were brought to tax. the appellate assistant commissioner held that section 176(4) brought about a change in the position obtaining prior to 1961, when the income tax act was introduced and under the said section, any sum received after the discontinuance of the ..... profession due to the death of the person to earn the income could be brought to tax. he also held that under section 168, the income of the estate of the deceased ..... to be noted that this division was rendered under the 1922 act, where there was no express provision corresponding to section 168 of the 1961 act. however, the income of the estate of a deceased person was held liable to income-tax under the general charging provisions of that act, in the hands of the executors or administrators in whom .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)18CTR(P& H)248; [1982]133ITR650(P& H)
..... tribunal for the opinion of this court:'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal has rightly set aside the order dated january 9, 1974, passed by the commissioner of income-tax under section 263 of the income-tax act, 1961 ?'8. after hearing the learned counsel for the parties and going through the record of the case, we are ..... question for consideration is whether the impugned order dated 24-1-1972 of the income-tax officer was erroneous so as to enable the commissioner of income-tax to assume jurisdiction under section 263 of the income-tax act, 1961. in this connection, we may refer to sections 159 and 168 of the said act. section 159 enables the revenue to make an assessment on the legal representative of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1985)14ITD233(Mum.)
..... . the ito had passed assessments against salma irani in her capacity as administrator of the estate of late nariman irani under section 143(3), read with section 144b of the income-tax act, 1961 ('the act')- from them there were appeals to the commissioner (appeals) wherein the primary contention was that the assessments made against salma irani as adiministrator of the estate of nariman irani ..... be granted to a person who has died intestate, vide section 2l2 of the indian succession act. section 168 of the 1961 act deals with assessment against an executor receiving income of the estate of the deceased person and the corresponding provision in the wealth-tax act, 1957 ('the 1957 act') for assessment against an executor regarding wealth of the estate of the deceased person is section .....
Tag this Judgment!Court : Chennai
Reported in : (1996)130CTR(Mad)488; [1996]217ITR282(Mad)
..... the estate of the deceased periyaswamy in terms of s. 168 r/w the explanation thereto of the it act, 1961, hereinafter referred to as 'the act'. they thus were not liable to be assessed on the 1/6th share of the income from the property which belonged to periyaswamy, the deceased. the aac accepted their case. the revenue ..... court in this case also observed : 'the nature of the charge in the two acts has no similarity. while under the indian it act the liability to pay income-tax accrues on the income earned throughout the accounting year, the liability to be assessed to wealth-tax arises only in respect of the net wealth held on a particular date, namely, ..... estate of a deceased person. this does not mean that the administrator includes the de facto administrator. while considering a question of similar nature in mahamaya dassi vs. cit : [1980]126itr748(cal) , the calcutta high court held that s. 247 only contemplates the preservation of the property until the question as to the existence or .....
Tag this Judgment!Court : Chennai
Reported in : [1995]215ITR662(Mad)
..... the same by metes and bounds. therefore, the assessment was required to be made in respect of such income under section 168 of the income-tax act, 1961, in the representative capacity. however, the income-tax officer did not accept the contention put forward by the assessee. the income-tax officer was of the view that on the death of the deceased, his heirs succeeded to the properties under ..... section 8 of the hindu succession act. the income-tax officer pointed out that they took the estate as tenants-in-common .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)1GLR212; [1982]136ITR18(Guj)
..... from each of such estates was liable to be taxed separately. the argument, in other words, was that they were two separate and distinct assessable entities and that the ..... tribunal against the aforesaid decisions the submission before the tribunal was that the relevant provisions of the income-tax were required to be read along with the provisions of the indian succession act, 1925, and that since under the latter act, only such estate vested in legal ownership in the executors in respect of which they were ..... taxed in the hands of the executors of the property situate in india and that since the testator had made two distinct wills in respect of property situate in two different countries, the property situate in each country should be regarded as constituting a separate estate within the meaning of s. 168 of the i.t. act, 1961, and income .....
Tag this Judgment!Court : Chennai
Reported in : 2000(2)CTC1; [2000]245ITR48(Mad)
..... lite, was different from the administrator contemplated by section 168 of the income-tax act and that section 68 would not apply to such administrator pendente lite. the court observed:'we have noted s. 168 and sub-section. (3) and (4) of the i.t. act, 1961. section 168, in our opinion, contemplates the distribution of the ..... assets in the case of the administration of an estate by the executor. if the executor or the administrator cannot distribute the assets then sub-s.(3) and sub-section (4) would be, inappropriate.'23. in the case of commissioner of income-tax, gujarat ..... net wealth as on the valuation date. that, however, does not make any significant difference to the interpretation of section 19a of the wealth-tax act and section 168 of the income-tax act, in so far as explanations attached to those provisions which are couched in identical language are concerned.28. we hold that extended definition of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (1988)26ITD250(Mad.)
..... the capacity of an executor or administrator having regard also to the provisions of section 168 of the income-tax act, 1961. in coming to this conclusion, the tribunal had referred also to the relevant provisions of the insurance act, the indian succession act, etc.3. before us, the submission of the learned departmental representative was that under general law, ..... ac and. with which we agree.9. for the sake of completeness, we may state that while under the income-tax act a mere right to receive an amount may not result in income accruing, under the wealth-tax act, property of every nature is an asset and is a concept of the widest term. had not the provisions of ..... will of the deceased. this was the view taken by the bench, of this tribunal in the income-tax proceedings when they referred to the analogous provisions of section 168 of the income-tax act and came to the conclusion that the income could not be assessed in the hands of the assessee as specific legatee. 19a. (1) subject as .....
Tag this Judgment!Court : Karnataka
Reported in : [1991]189ITR99(KAR); [1991]189ITR99(Karn)
..... principal amount and interest on annuity deposit are taxable under the provisions of the income-tax act, 1961 (3) if the answer to the above second question is in the affirmative, whether, on the facts and in the circumstances of the case, the ..... of the case, the tribunal is justified in holding that both the instalments of principal amount and interest on annuity deposit are taxable under the provisions of the income-tax act, 1961 (4) if the answer to the above third question is in the affirmative, whether, on the facts and in the circumstances of the case, the tribunal ..... '(1) whether, on the facts and in the circumstances of the case, the tribunal is justified in upholding the assessment made by the income-tax officer on the assessees under section 168 of the income-tax act, 1961 (2) whether, on the facts and in the circumstances of the case, the tribunal is justified in holding that both the instalment of .....
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