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Gujarat Alkalies and Chemicals Ltd. Vs. Jt. Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2002)77TTJ(Ahd.)304

..... their claim the company submitted audit report in form no. 10ccac along with the annexure-a as required under the provisions of section 80hhc(4) of the income tax act, 1961. in the audit report total turnover has been worked out at rs. 3,17,19,19,748 as under : the learned counsel invited our attention to ..... be construed in the commercial sense as inclusive of taxes levied like sales-tax and excise duty, etc.we may look at the matter from another angle also. the sales-tax and excise duty, etc. constitute business expenditure and section 43b has been specifically enacted in the income tax act, 1961, by the legislature whereby deduction for such levies are ..... to be allowed on actual payment. therefore, it is an admitted position that the sales-tax and excise duty are not merely balance-sheet items as claimed by the learned .....

Tata Chemicals Ltd. Vs. Deputy Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... assessee', and the words 'any amount' were interpreted by hon'ble madras high court in cit v. needle industries (p) ltd. ...the expression 'amount' in the earlier part of section 244(1a) of the income tax act, 1961, would refer to not only the tax but also the interest, and the expression 'amount' is a neutral expression and it ..... cannot be limited to the tax paid in pursuance of the order of assessment. the expression 'tax or penalty' found in the later part of section 244 ..... . thereafter, the procedure in appeal as in a regular appeal filed under section 246/246a of the income tax act and also under the provisions of section 248/249 of the income tax act is same as provided in section 250 of the income tax act. in the present facts and circumstances of the case, the commissioner (appeals) granted relief to the .....

Rbf Rig Corpn. Lic (Rbfrc) as Agent Vs. Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)297ITR228(Delhi)

..... an employee of ballarpur, the amount could not be brought under the head "salary " within the purview of section 17 of the income-tax act, 1961, and had necessarily to be placed under section 56(1), viz., under the head "income from other sources" (see p.487c).this case in our considered view has no application to the facts of the case.50. ..... explaining provisions in the finance bill, 2002: 64.1 under the existing provisions of section 192 of the income-tax act, 1961, an employer is required to deduct tax at source on income under the head 'salaries', inclusive of the value of perquisites. in case, such tax is paid by an employer on behalf of an employee, the same being in the nature of an ..... by the employer shall not be treated as an allowable expenditure in the hands of the employer under section 40 of the income-tax act, 1961. 64.5 the amendments will take effect from ist april, 2003 and will, accordingly, apply in relation to the assessment year 2003-04 and subsequent years. 64.6 .....

Cit Vs. Market Committee

Court : Punjab and Haryana

Reported in : [2007]294ITR563(P& H)

..... 11. the market committee, dhariwal, submitted an application in form 10a, under section 12a of the income tax act, 1961 (hereinafter referred to as the income tax act) on 6-8-2003, seeking registration, under section 12aa of the income tax act. in the aforesaid application, the market committee expressly certified that the objects of the market committee, ..... of a voluntary contribution, and as such, there is no question of the applicability of section 12a or 12aa of the income tax act. section' 12 of the income tax act is being extracted hereunder:section 12(1) any voluntary contriburions received by a trust created wholly for charitable or religious purposes or ..... and unequivocal terms contended, that the registration sought by the market committee, under reference, under section 12a of the income tax act for tax exemption, has been claimed under section 11 of the income tax act, and not under section 12 thereof. it is, therefore, the contention of learned counsel for the respondents, that .....

Triveni Engineering Works Ltd. Vs. Union of India

Court : Delhi

Reported in : ILR1974Delhi282

..... either on its own estimate or on the basis of demand made to it in pursuance of the provisions of section 210 of the income-tax act, 1961. provision for tax whether advance tax or income-tax cannot be regarded as an asset of the company, particularly in view of the fact that penalties may be incurred for default of ..... by coercive method under the scheme of part c of chapter xvii of the income-tax act, 1961. dit that is to be given for advance tax paid on regular assessment, as contemplated by section 219 of the income-tax act, is in recognition of tax already having been paid towards the liability determined on regular assessment. this is because ..... deal with the contentions of the parties it is necessary that some of the relevant provisions of the monopolies act, the companies act, 1956 and the income-tax act, 1961 are noticed.(14) the relevant provisions for our purposes of the monopolies act may first be read. clause(g) of section 2 reads as under : 'inter-connectedundertakings' means .....

Verizon Communications Singapore Pte Ltd. Vs. Income Tax Officer of In ...

Court : Chennai

..... mobile telephone is also applicable in fixed telephone service. neither service can be regarded as ".technical service". for the purpose of section 194j of the act."...... ".at the time the income-tax act was enacted in the year 1961, as also at the time when explanation 2 to section 9(1)(vii) was introduced by the finance (no.2 ..... ) act, with effect from april 1, 1977, the products of technology had not been in such wide use as they are today. any construction of the provisions of the act ..... to the laws of each contracting state, due regard being had to the other provisions of this agreement.".100. the definition of 'royalty' under dtaa and the indian income tax act are in parimateria. as rightly pointed out by the revenue, explanation 6 defines 'process' to mean and include transmission by satellite (including uplinking, amplification, conversion for .....

Shri M a Zahid Vs. Assistant Commissioner of Income Tax (Osd)

Court : Karnataka

..... for pronouncment this day, john michael cunha. j, made the following:- order whether a person issued with a notice under rule 73 of the second schedule of the income tax act 1961 is entitled to invoke section 438 of cr.p.c. is the question that arises for consideration in this petition. the contextual background giving rise to the above ..... (central range-1), bangalore for a.y. 2007-08 for recovery of arrears in your case along with the interest payable under section 220(2) of the income tax act, 1961 and it is proposed to execute the above certificate by arrest and imprisonment of your person; you are hereby required to appear before the undersigned on the 02nd ..... the doors of this court on the apprehension that he is likely to be arrested by the assistant commissioner of income tax (osd) pursuant to the notice at annexure-b . placing reliance on section 276-c of the income tax act, 1961, and part ii of the first schedule of the code of criminal procedure, learned counsel has put forth a .....

P. Vs. Thyagaraj and Another V. Tax Recovery Officer and Another.

Court : Chennai

Reported in : [1987]165ITR413(Mad)

..... cannot be proceeded against. another contention put forward by the petitioners is that the recovery proceedings themselves are time-barrier under section 231 of the income-tax act, 1961.the first respondent, the tax recovery officer, has filed a counter-affidavit to the effect that the gift deed having come into existence after the proclamation has been issued regarding ..... been assessed in the years 1947-48 to 1950-51 and 1963-64 and 1964-65. in view of the non-payment of the tax, certificates under section 46(2) of the indian income-tax act, 1922, were issued as early as march 26, 1958, and may 19, 1959. based on the said certificates, recovery proceedings had ..... have got an alternative remedy provided by the status. we are, therefore, of the view that the petitioners should go before the tax recovery officer under rule 11 of schedule ii of the income-tax act to challenge the impugned order said to have been passed by the first respondent. therefore, without going into the merits of the .....

Dr. George Mathew Vs. the District Collector

Court : Kerala

..... of august, 2013 judgment the petitioners are justified in their contention based on infopark kerala v. asst. commissioner of income tax [2008 (4) klt 782.that no tax is liable to be deducted under section 194 la of the income tax act. this is because the price of the property offered to be surrendered was fixed by negotiation and not through land ..... acquisition. but it remains to be seen as to whether the tax is liable to be deducted under section 194 ia of the income tax act in view of the decision in the judgment dated 23.8.2013 in w.p.(c) no.20572/2013.2. the property ..... project is situate within the limits of the corporation of cochin and is therefore not an agricultural land in the context. but the tax is certainly liable to be deducted under section 194 ia of the income tax act if the separate sale consideration to the petitioners individually exceed rs.50 lakhs each. respondents 1 and 2 shall therefore deduct .....

Commissioner of Income-tax Vs. Taiyo Gyogyo Kabushiki Kaisha

Court : Kerala

Reported in : [2000]244ITR177(Ker)

..... of the revenue, the following questions have been referred under section 18 of the companies (profits) surtax act, 1964 (in short 'the act'), read with section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the i. t. act'), by the income-tax appellate tribunal, cochin bench (in short 'the tribunal') :'whether, on the facts and in the circumstances ..... on the basis that it is received or deemed to be received by him in india.' the act : '2.(5) chargeable profits.--'chargeable profits' means the total income of an assessee computed under the income-tax act, 1961 (43 of 1961), for any previous year or years, as the case may be, and adjusted in accordance with ..... cargo. gross freight earnings of rs. 2,75,06,151 for shipment of cargo from indian ports were subjected to tax in accordance with the provisions of section 172(4) of the income-tax act, 1961. the assessee being a non-resident company the assessment was made through its indian agents, devshi dhanji khona, cochin. .....