Court : Allahabad
Reported in : [2005]144TAXMAN682(All)
..... tribunal, allahabad has referred the following two questions of law under section 256(1) of the income tax act, 1961, hereinafter referred to as the act, for opinion to this court.'1. whether, on the facts and in circumstances of the case, the incon-lctax appellate tribunal was correct in law in holding ..... assessment to the date of making refund, on the amount refundable as a result of excess amount paid only as a result of proceedings under section 155 of the income tax act, subsequent to the regular assessment?'2. briefly stated the facts giving rise to the present reference are as follows:the reference relates to the assessment year 1974-75. ..... the excess amount paid during the financial year on the date subsequent to the date fixed under section 211 of the income tax act for payment of such instalment.2. whether, on the facts and circumstances of the case, the income tax appellate tribunal was correct in law in holding that the interest under section 214(2) is payable to the assessee, .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]144TAXMAN833(All)
..... in the business of manufacture and sale of vanaspati. the assessment years involved are 1970-71 and 1971-72.the income tax officer for these two assessment years did not redetermine the interest payable under section 214 of the income tax act, 1961. however, in appeal the commissioner (appeals) following the decision of this court in the case of lala laxmipat ..... tribunal, delhi has referred the following two questions of law under section 256(1) of the income tax act, 1961 (hereinafter referred to as the act) for opinion to this court:'(i) whether on the facts and in the circumstances of the case the tribunal was justified in holding that the ..... singhania v. cit : [1977]110itr289(all) had held that the liability to pay the interest on the excess amount of advance tax deposited would be only up to the date .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)198CTR(All)305; [2005]276ITR64(All)
..... ltd. v. union of india : [1981]130itr928(delhi) , the delhi high court has held that after introduction of sub-section (2) in section 214 of the income-tax act, 1961, whatever may have been the interpretation that might be placed on the expression 'regular assessment' contained in section 214, there is no escape from the conclusion that the assessee ..... 1987 which relates to the assessment years 1970-71 and 1972-73 to 1974-75, the income-tax appellate tribunal, new delhi, has referred the following question of law under section 27(1) of the wealth-tax act, 1957 (hereinafter referred to as 'the act'), for the opinion to this court :'whether, on the facts and circumstances of the case ..... full bench of the gujarat high court has held that interest on the excess of advance tax refunded under section 214(1) of the act has to be paid up to the date of 'regular assessment'. when the first assessment of the income-tax officer is final, that is the 'regular assessment' for purposes of section 214(1). .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All440; [1966]62ITR1(All)
..... taxation was not one of the subjects acceded by him to the dominion of india. as regards the income which could be taxed under the rampur income-tax act it continued to be immune. as regards the income which could be taxed under the indian income-tax act on account of its having accrued to him in the dominion of india he claimed that on the ..... decide it and not evade deciding it.13. in the cases of jagannath behera : air1958sc239 (supra), sri sudhansu shekhar singh deo v. state of orissa : [1961]41itr743(sc) and commr. of income-tax, andhra pradesh v. h. e. h. mir osman ali khan, civil appeal no. 46 of 1964, decided by the supreme court on 25-10-1965 ..... , same immunities, same dignities and same titles', the words actually used were the words to be used.the merger agreement in the case of sudhansu shekhar singh deo : [1961]41itr743(sc) (supra) used the words 'the personal rights, privileges, dignities and titles' and it was held by the supreme court that the privileges guaranteed by it were .....
Tag this Judgment!Court : Allahabad
Reported in : (1978)7CTR(All)347
..... so far as the amount deducted at source in addition to rs. 38,162/- is concerned, it may suffice to mention that this was admittedly not advance tax. under s. 214 of the income-tax act interest at the rate of 9 per cent per annum is payable on the amount by which the aggregate sum of any instalments of advance ..... source. the deposit of the entire amount of rs. 38,162/- by the assessee by way of advance tax was refundable along with interest under s. 214 of the income-tax act inasmuch as the said amount exceeded the amount of the tax determined on regular assessment. in our opinion, the tribunal rightly found that the assessee was entitled to the ..... tax paid during any financial year exceeds the amount of tax determined in regular assessment. the expression 'advance tax' has been defined in s. 207(2) of the income-tax act. this definition does not take within its ambit the amount deducted at source. under s. .....
Tag this Judgment!Court : Allahabad
Reported in : [1942]10ITR152(All)
..... nagpur high court following the decision of a bench of three judges of the madras high court in venkatachalam chettiar v. commissioner of income-tax, madras2, held that where the commissioner of income-tax, acting under section 33, refuses to review the order of an assistant commissioner, the position of th assessee not being altered as consequence, ..... petitioner.8. that your petitioner submits that in fairness this is a proper case for the exercise of your power of review under section 33 of the income-tax act, 1922, and that you have the power to revise to assessment made by the subordinate authority after consulting the central board of revenue (vide paragraph 104 ..... , p. 268 of the income-tax manual, 1937).wherefore you petitioner prays that you may be pleased in the exercise of your powers under section 33 of the income-tax act, 1922 to call for the record of the petitioners assessment by the subordinate authority and .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]76ITR96(All)
..... is accepted, then, i will have to import a fiction in the law which is not there that under section 46(2) of the income-tax act, the recovery of arrears of tax on a certificate issued by the income-tax officer will be deemed to be an execution of a decree for money passed by a civil court.8. it was then submitted, on behalf ..... bombay, [1955] 28 i.t.r. 891, [1955] 2 s.c.r. 887, the supreme court had occasion to consider the true effect of section 46 of the indian income-tax act and its proviso. the learned judges in paragraph 8 of the reported judgment observed as follows:'all that the sub-section directs the collector to do is to proceed to ..... 21, rule 58, of the code as regards the attachment and under other provisions as regards sale. the submission was that the proviso to section 46(2) of the indian income-tax act incorporates a rule of reference and it must be given full effect and when so done there will be no difference between the collector taking proceedings by attachment of immovable .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)69TTJ(All)503
..... placed at p. 58 of the assessee's paper-book), which reads as under :'the assistant commissioner (tds) varanasi.filing of annual return under section 206c of the income tax act, 1961, for the financial year 1991-92.sir,we write with reference to your letter no. tds/annual/1991-92 dated 18-8-1992, served on 3-9-1992, ..... before us, which, are, in the following terms :2.1. as a result of newly inserted provisions of section 194h of the income tax act, 1961 (hereinafter referred to as 'the act'), as a result of finance act, 1991, which received the assent of the president of india on 27-9-1991, all these respondents were under an obligation to deduct ..... reply, the assistant commissioner (tds), varanasi, referred this case to the undersigned for the imposition of penalty under section 271c of the income tax act. accordingly, a show-cause notice under section 271c of the income tax act was issued by the undersigned on 28-12-1992, which was duly served on 30-12-1992, fixing the date of hearing on .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]152TAXMAN646(All)
..... substantial question of law which arose for consideration is to the effect, whether the assessee, who has not deducted the tax at source, can still be levied penalty under section 272a(2)(g) of the income tax act for not issuing the certificates of tax deducted, as per the requirement of section 203.3. the assessing officer as well as the commissioner (appeals) levied the ..... penalty under the aforesaid provision whereas the income tax appellate tribunal has condoned the said penalty after holding that since the tax was not deducted at source, the penalty .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]77ITR133(All)
..... & co. referred to above. in that case the assessee was a dealer in securities which constituted its stock-in-trade. the assessee had been charged to tax under the indian income-tax act, 1918, in respect of its business. in the years 1946 and 1947 the assessee had received the sums of rs. 4,13,992 and rs. 1, ..... facts are these. the late ganga sagar jatia carried on business of cotton ginning and commission agency in cotton and he had also income from property and dividends. he was an assessee under the income-tax act of 1918 (act vii of 1918). he died on september 22, 1944, leaving behind him his widow, smt. indermani jatia, but no issues. smt ..... t.p. mukerjee, j. 1. this is a reference by the appellate tribunal, at the instance of the commissioner of income-tax, lucknow, under section 66(1) of the indian income-tax act, 1922, (hereinafter referred to as 'the act'). the statement of the case relates to the assessment year 1945-46. the relevant previous year ended on october 15, 1944.2. .....
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