Judgment Search Results Home > Cases Phrase: income tax act 1961 section 168 executors Sorted by: old Court: mumbai Page 1 of about 15,463 results (0.156 seconds)

Smt. Salma Irani Vs. Fifth Income-tax Officer

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 .....

Ninth Wealth-tax Officer Vs. Executive of the Estate of Dr.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1986)16ITD493(Mum.)

..... tax act, in the wealth-tax assessments and under section 168 of the income-tax act, 1961, in the income-tax assessments and not as a trustee for any beneficiary under section 21a of the wealth-tax act and section 160(1)(iv) of the income-tax act, respectively.5. in the present case, the executors of the estate filed income-tax returns as executors. the income-tax ..... of the estate was assessed in their hands for the relevant years with their consent. for the wealth-tax ..... of the estate that the executors have been assessed as executors in the income-tax assessments for all these three years. it was submitted that the income-tax assessments were completed in the year 1976 and at that time it did not .....

income Tax Officer Vs. Estate of Late K.S. Engineer

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 .....

Third Income-tax Officer Vs. Mrs. Veera D. Thackersey

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)14ITD141(Mum.)

..... the assessment of mrs. veera, the ito observed that the whole income from the estate of the deceased dhairyawan should be assessed in the hands of mrs. veera in her capacity as administrator of the estate under section 168 of the income-tax act, 1961 ('the act'). however, mrs.veera had filed return in her individual capacity and not ..... in the capacity of an administrator. even then, the ito included the entire income of the estate in the said individual assessments as against half income returned by her. while doing so, he ..... itr 22. in that decision, the bombay high court was called upon to examine the precise scope of section 19a of the wealth-tax act, 1957, which is analogous to section 168 of the 1961 act. in section 19a also, there is an explanation which says that the term 'executor' includes administrator or other person administering the .....

income Tax Officer Vs. Estate of Late K. S. Engineer

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... is to be noted that this decision was rendered under the 1922 act, where there was no express provision corresponding to s. 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 the estate ..... vested. under s. 168 of the new act, the subject-matter of assessment is the "income" of the estate of ..... change in the position obtaining prior to 1961, when the it 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 s. 168, the income of the estate of the deceased person .....

Commissioner of Income-tax, Bombay City-ii Vs. Usha D. Shah

Court : Mumbai

Reported in : [1981]127ITR850(Bom); [1979]2TAXMAN154(Bom)

..... a case, in our view, is expressly covered by the provisions of s. 168 of the i.t. act, 1961, sub-s. (1) of which reads as follows : '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 on executor, then, as if the ..... now been referred to this court for opinion : 'whether the assessee was liable to income-tax assessment for the assessment years 1961-62 to 1963-64, in respect of any income arising from the undistributed personal estate of her deceased husband and in respect of any income arising from the undistributed share of the interest of the deceased in the joint family of ..... the provisions of s. 168 of the i.t. act, 1961. he referred to the compromise which took place in 1963 and then took the view that 'till such time as the distribution of the estate did in effect take place, the income from the distribution of the estate had to be taxed in the hands of the mother-in-law, bai .....

Cit Vs. Smt. A.S. Rukmani Ammal

Court : Mumbai

Reported in : [2003]127TAXMAN149(Bom)

..... assess the share income in her hand. the assessee filed returns and in the returns filed, she did not include the share ..... the view that the share income of the minors from the firm in which the minors had been admitted to the benefits of partnership has to be clubbed in the hands of the assessee under section 64(1)(iii) of the income tax act, 1961 and therefore issued a notice under section 147(a) of the income tax act to the assessee to ..... the revenue submitted that it was not a case falling within the scope of section 64 of the income tax act, but it was a case falling under section 168(1) of the income tax act, and therefore, the provisions of section 64 of the income tax act are not applicable. we are unable to accept the submission of the learned counsel for the assessee .....

Lalubhai Surchand Vs. Bai Amrit and ors.

Court : Mumbai

Reported in : (1878)ILR2Bom299

..... 's remained imperfect, both instruments were executed on the same day; and under different circumstances we might have to discuss whether the analogy of the registration acts, which admit fractions of days in determining the priorities of instruments according to the time of registration, applies in india to the execution of the instruments; ..... equal weight. of the 'legal proofs described as writings, witnesses, and possession' (yajn. ii, 22, narada on evidence, 2 jolly, p. 23), narada (loc. cit.) says that 'the first is superior to the second, but possession is more decisive than the other two.' where, therefore, there is possession fortifying one of two titles, ..... in the judgment itself. how the practice, therefore, was 'recognized,' we cannot see. the 'legislation' to which the learned judge refers, is the indian registration act. that registration supplies a defect of possession, we think, is true; but that it follows as a consequence that a written contract at once changes the ownership, .....

Manohar Ganesh Tambekar and ors. Vs. Lakhmiram Govindram and ors.

Court : Mumbai

Reported in : (1888)ILR12Bom247

..... regulation xvii of 1827. coming clown to a more recent time, we find the shevaks in 1861 (exhibit 264) petitioning the government of bombay for a remission of income-tax, on the ground that the revenue derived from the offerings was primarily the property of the idol. an idol, the shevaks contend, is not subject to taxation. the ..... 544. they are answerable as trustees even though they have not consciously accepted a trust, and a remedy may be sought against them for maladministration comp. ind. trusts act ii of 1882, sections 88, 95 by a suit open to any one interested, as under the roman system in a like case by means of a popularise ..... of the civil courts is recognized by the laws just referred to. in the southern part of the bombay presidency, dedicated estates are expressly made inalienable by bombay act ii of 1863, section 8. questions arising under these laws between individuals with reference to proprietary and pecuniary rights and as to alleged misappropriations and defalcations must .....

In Re: Lakshmibai, Widow and Administratrix of Vinayakrav Jagannath Sh ...

Court : Mumbai

Reported in : (1888)ILR12Bom638

..... the property hitherto has only been used for agricultural purposes, the return has been small, and the temple and its adjuncts have been in consequence insufficiently maintained. a sufficient income for the trust would be probably obtained if the land were let for building purposes. such portion of it as is required for the annual fair, which is one ..... (c) i have answered already.6. as regards costs, i think the petitioner and the advocate general are entitled to their costs out of the fund, to be taxed as between attorney and client. as regards mr. lang's client, he appeared on notice, and he is entitled to his cost of appearance in chambers, but exclusive of ..... a superintending power and being informed by affidavits; and the court has no means of exercising any controlling power over the subject-matter.' as regards the section in the indian act, there is an express decision-in re samuel marie brereton i.l.r., 7 bom., 381-where the learned judge follows the english decisions, and says: 'it .....