Judgment Search Results Home > Cases Phrase: income tax act 1961 section 168 executors Sorted by: recent Court: chennai Page 1 of about 13,464 results (0.173 seconds)

The Commissioner of Income Tax Madurai Vs. Smt. P. Manonmani, Karur

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 .....

Commissioner of Income Tax Vs. P. Visalakshi

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 .....

Commissioner of Income-tax Vs. Smt. P. Dhanalakshmi and Others

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 .....

Commissioner of Income-tax Vs. Estate of Late A.V. Viswanatha Sastri ( ...

Court : Chennai

Reported in : [1980]121ITR270(Mad)

..... assessments on executors, a separate provision under section 168 has been made.13. section 168(1) of the i.t. act, 1961, is in the following terms:'subject as hereinafter provided, the income of the estate of adeceased person shall be chargeable to tax in the hands of the executor,-- (a) if there is only one executor, then, as if the executor were anindividual ..... the estate of the deceased in the hands of the executor could be taxed.5. on behalf of the revenue, it was contended that arrears of professional income due to the deceased constitute the income of the estate within the meaning of section 168 of the i.t. act, 1961, and, therefore, the ito was justified in including the arrears of professional fees received by .....

Commissioner of Income-tax Vs. Estate of V.L. Ethiraj (by Official Tru ...

Court : Chennai

Reported in : (1980)16CTR(Mad)238; [1979]120ITR271(Mad)

..... that assessments will have to be made distributively under section 161(1) of the income-tax act, 1961, as respects the income from the estate without aggregation ' 2. one, shri v. l. ethiraj, hereinafter referred to as the deceased, who was a leading criminal lawyer in ..... became vested in the official trustee of madras as a ' trustee ' from the very inception and, therefore, the income of the estate is not assessable in his hands under the provisions of section 168 of the income-tax act, 1961 ? 2. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding ..... have discharged the executorial functions, and that, therefore, the assessee having acted only as an executor under the will of the deceased during the years in question the income was liable to be taxed in his hands only, under section 168 of the i.t. act, 1961, and not as a trustee. in support of his view the ito .....

The Commissioner of Income-tax Vs. Smt. A.S. Rukmani Ammal

Court : Chennai

Reported in : (2003)181CTR(Mad)109

..... 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 .....

Commissioner of Income-tax/Wealth-tax Vs. A. Savudappan (Executors to ...

Court : Chennai

Reported in : [2000]244ITR620(Mad)

..... . it is a combined reference both under the income-tax act, 1961 (hereinafter referred to as 'the income-tax act'), and under the wealth-tax act, 1957 (hereinafter to be referred to as 'the wealth-tax act'). in so far as the assessments under the income-tax act, the assessment years involved are 1978-79, 1979-80, 1980-81 and 1981-82, and under the wealth-tax act, the assessment years involved are 1977-78 and ..... 130 of 1985 :. 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the provisions of section 168(4) of the income-tax act, 1961 are applicable and that the share income from nallayyan gounder and a. savudappa gounder arising to the minor sons of shri a. savudappa (deceased) as not includible in the total .....

Commissioner of Income Tax Non Corporate Ward Vs. Gumanmal jain

Court : Chennai

..... against an order dated 11.05.2016 made by the income tax appellate tribunal ''c'' bench chennai [hereinafter referred to as 'itat' for the sake of ..... of the income tax act, 1961 against the order of the income tax appellate tribunal ''c'' bench chennai, dated 11.05.2016 in ita no.414/mds/2016. m. sundar, j. 1. this is a statutory appeal under section 260 a of the income tax act, 1961 [hereinafter referred to as 'it act' for the sake of brevity] 2. this statutory appeal under it act is directed ..... and the same reads as follows: 8. for a proper appreciation of the aforesaid contention, it is necessary to have a careful look at section 54 of the income tax act, which reads as under: 54.profit on sale of property used for residence: (1) subject to the provisions of sub-section (2), where, in the .....

India Cements Ltd. represented by its General Manager (Legal Affairs) ...

Court : Chennai

..... (2) to (4). 2 in the case of agricultural land, the amount of annual compensation shall be worked out on the basis of the average annual net income from the cultivation of similar land for the previous three years. 3 in the case of non-agricultural land, the amount of annual compensation shall be worked out ..... department for compensatory afforestation in lieu of retaining 96.71 hectares of forest land for mining. this exchange was in compliance with the mandates of the forest conservation act, 1980. the forest department also demanded rs.20 lakhs as compensation for afforestation, which was incontrovertibly paid by the petitioner. 2.3 while the petitioner was continuing ..... licence qua major minerals is liable to pay local cess and surcharge under sections 115 and 116 of the madras panchayats act, 1958. in that context, the supreme court held that a cess on royalty, being a tax on royalty, is beyond the competence of the state legislature and therefore, struck down the demand. 19. the above .....

Commissioner of Income Tax, Chennai Vs. Anita Kumaran

Court : Chennai

..... .s) 2008-09, 2009-10 and 2010-11. 4. the common issue, which arose before the tribunal for consideration was, whether penalty under section 271(1)(c) of the income tax act, 1961, (in short 'the act') should be confirmed qua the assessee. 5. the brief facts, which are required to be noticed are as follows: 5.1. in the concerned a.ys, the assessee ..... (prayer: appeals filed under section 260a of the income tax act, 1961 against the order dated 19.06.2015 made in i.t.a.nos.434, 442 and 443/mds/2014 on the file of the income tax appellate tribunal, 'a' bench, chennai for the assessment years 2008-09, 2009-10 and 2010-11.) common judgment: rajiv shakdher, j. c.m.p.no.2395 and 2396 of .....