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K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

..... facts and in the circumstances of the case, k.r. patel and b.g. amin were liable to be assessed as trustees under section 161 of the income-tax act, 1961?2. these questions arose from the order of the appellate tribunal in the following circumstances.3. one mrs. bhikhubai chandulal jalundhwala, a resident of bombay, ..... bench of the high court of judicature at bombay on a reference under section 256(1) of the income-tax act, 1961 (for short the 'act') decided all the three questions of law referred to it for its opinion by the income tax appellate tribunal ('appellate tribunal' for short) in favour of the revenue. the assessee is aggrieved. the ..... negatived by the revenue being of the view that section 176(4) of the income tax act, 1961 specifically provided for taxability of the professional income received after discontinuance of the profession and included the arrears of the professional fees in the income earned from the estate of the deceased. the court held that the arrears of .....

K. R. Patel Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : [1999]106TAXMAN151(SC)

..... and in the circumstances of the case, k.r. patel and b.g. amin were liable to be assessed as trustees under section 161 of the income-tax act, 1961?" these questions arose from the order of the appellate tribunal in the following circumstances.one mrs. bhikubai chandulal jalundhwala, a resident of bombay, executed a will ..... bench of the high court of judicature at bombay on a reference under section 256(1) of the income-tax act, 1961 (for short the 'act') decided all the three questions of law referred to it for its opinion by the income tax appellate tribunal ('appellate tribunal' for short) in favour of the revenue. the assessee is aggrieved.the questions ..... negatived by the revenue being of the view that section 176(4)of the income tax act, 1961 specifically provided for taxability of the professional income received after discontinuance of the profession and included the arrears of the professional fees in the income earned from the estate of the deceased. the court held that the arrears .....

K. R. Patel Vs. Commissioner of Income-tax

Court : Supreme Court of India

Reported in : (1999)155CTR(SC)585

..... whether, on the facts and in the circumstances of the case, k.r. patel and b.g. amin were liable to be assessed as trustees under section 161 of the income tax act, 1961?'these questions arose front the order of the tribunal in the following circumstances.2. one mrs. bhikhubai chandulal jalundhwala, a resident of bombay, executed a will on 5-1-1962 ..... wadhwa, j.a division bench of the high court of judicature at bombay on a reference under section 256(1) of the income tax act, 1961 ('the act') decided all the three questions of law referred to it for its opinion by the tribunal in favour of the revenue. the assessee is aggrieved. the questions of law ..... not been fully discharged, the trustees could be assessed only as executors under section 41 of the indian income tax act, 1922 and income was not exempt from tax. the question which came up for consideration of the court was whether any part of the income of the estate of the testator was exempt under the proviso to section 4(3)(1) of the .....

Navnit Lal Sakarlal Vs. Commissioner of Income-tax

Court : Supreme Court of India

Reported in : AIR1992SC466; (1991)100CTR(SC)125; [1992]193ITR16(SC); JT1991(4)SC186; 1991(2)SCALE893; (1992)1SCC185; [1991]Supp1SCR585

..... debate took place before the high court, was as to whether sakarlal balabhai could be treated as an 'executor' within the meaning of section 159 of the income tax act, 1961, considering that the will had not named any executor and that sakarlal balabhai had taken charge of the estate and began administering it voluntarily. on this point ..... following question was referred to the high court of gujarat for its opinion under section 256(1) of the income tax act. 1961:whether the income tax appellate tribunal was right in law in holding that half share of the income in respect of the estate of late shri balabhai damodardas was not taxable in the hands of the assessee ..... before the high court was that the decision in the wealth-tax case would not govern the income tax assessments in view of the provisions contained in section 168 of the income tax act, 1961, a provision corresponding to which (viz. section 19(a) has been introduced in the wealth tax act only on 1.4.65. the high court pointed out - .....

The Bank Of Rajasthan Ltd. Vs. Commissioner Of Income Tax

Court : Supreme Court of India

..... date of acquisition till the date on which interest is first due after the date of purchase.5. under the income tax act, 1961 (for short, the it act ), section 18, which was repealed by the finance act, 1988, dealt with tax leviable on the interest on securities. section 19 provided for the deduction of (i) expenses in realising the interest ..... section 19 and, therefore, the assessee was not entitled to claim deduction for broken period interest payment as a revenue expenditure under section 28 of the income tax act. in this connection, the department followed the judgment of the karnataka high court in vijaya bank's case. therefore, the point which we are required ..... the company doing business, the income therefrom had to be assessed under section 8 of the act. this decision does not say that the income from securities is not income from the business. nor does the decision of this court in east india housing and land development trust ltd. v. cit [(1961) 42 itr49 support the contention of .....

The Patna Municipal Corporation Vs. M/s Tribro Ad Bureau

Court : Supreme Court of India

..... bench decision in ghaswala (supra) is concerned, the question that arose for consideration therein was whether the settlement commission constituted under section 245-b of the income tax act, 1961 has the jurisdiction to reduce or waive the interest chargeable under sections 9 paragraph 57 of indsil hydro power and manganese limited (supra). 25 234-a, ..... are on private or public place is also arbitrary and unsustainable. in support of his contentions, learned counsel relied upon the decisions of this court in commissioner of income tax, mumbai v anjum m h ghaswala, (2002) 1 scc633 punit rai v dinesh chaudhary, (2003) 8 scc204 union of india v naveen jindal, (2004) ..... of settlement under section 245-d(4) of the act. the court, inter alia, reasoned that the commission while exercising its quasi-judicial power of arriving at a settlement under section 245-d cannot have the administrative power of issuing directions to other income tax authorities. it is a normal rule of construction that .....

M/s Shriram Investments Vs. The Commissioner Of Income Tax Iii Chennai

Court : Supreme Court of India

..... jurisdiction civil appeal no.6274 of2013m/s. shriram investments appellant versus the commissioner of income tax iii chennai respondent judgment abhay s. oka, j.factual aspects1 the appellant-assessee filed a return of income on 19th november 1989 under the income tax act, 1961 (for short, it act ) for the assessment year 1989-90. on 31st october 1990, the appellant ..... filed a revised return. as per intimation issued under section 143(1)(a) of the it act on 27th august 1991, the appellant paid the necessary tax amount. on 29th ..... limited3, in paragraph no.9, this court held thus: 9. in such a situation, filing a revised return under section 139(5) of the income-tax act claiming carrying forward of losses subsequently would not help the assessee. in the present case, the assessee filed its original return under section 139(1) and .....

Chief Commissioner Of Central Goods And Service Tax Vs. M/s Safari Ret ...

Court : Supreme Court of India

..... whether a natural pond used by the assessee, which was specially designed for rearing prawns, could be a plant within the meaning of section 32 of the income tax act, 1961. this court heavily relied upon the decision of a three-judge bench of this court in the case of karnataka power corporation20. in this case, the question ..... considered as apparatus or a tool for running a business so that it can be termed as a plant and depreciation can be allowed on the same under the income tax act, 1961. this court dealt with section 32, which provided for granting depreciation to buildings, machinery, and plants. this court extensively referred to its earlier decision in the ..... of the cost of capital goods and plant and machinery under the provisions of the income-tax act, 1961 (43 of 1961), the input tax credit on the said tax component shall not be allowed. (4) a registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services .....

Union Of India Vs. Rajeev Bansal

Court : Supreme Court of India

..... three-judge bench of this court held that a notice issued under section 34 without prior approval of the commissioner was invalid.31. the income tax act 1961 also mandates assessing officers to fulfil certain pre-conditions before issuing a notice of reassessment. section 149 requires assessing officers to issue a ..... the revenue officers must have requisite jurisdiction to perform their functions and responsibilities following the provisions of the income tax act. under the income tax act 1922,54 section 34 allowed an income tax officer to reassess income that escaped assessment for a relevant assessment year. section 34 provided that a reassessment notice could not be ..... to exercise or perform all or any of the powers or functions conferred on, or assigned to, an assessing officer under this act. ]. 5 section 147, income tax act 6 section 148, income tax act. [it read: 148.(1) before making the assessment, reassessment or recomputation under section 147, the assessing officer shall serve on .....

Union Of India Vs. Shri Doly Loyi

Court : Supreme Court of India

..... was filed by cbi, after completion of investigation on 25th october, 2008, whereas the dpc to consider the promotion of additional commissioners of income tax was convened on 22nd february, 14 2007, wherein the sealed cover procedure was adopted qua the respondent. it is thus clear that the ..... are noted hereinbelow.3. the respondent was appointed as assistant commissioner of income tax on 16th december, 1987. he was granted due promotions to the post of deputy commissioner of income tax, joint commissioner of income tax, and additional commissioner of income tax in december 1991, july 2001, and november 2001, respectively. on 31st ..... december, 2001, an fir was registered against the respondent for the offences punishable under section 120b of the indian penal code, 1860, and sections 13(1) and 13(1)(d) of the prevention of corruption act .....