Judgment Search Results Home > Cases Phrase: income tax act 1961 section 214 interest payable by government Court: delhi Page 1 of about 1,628 results (0.182 seconds)

R.K. JaIn and Sons Vs. Cit

Court : Delhi

Reported in : (2005)193CTR(Del)659; [2005]142TAXMAN445(Delhi)

..... for the petitioner has pointed out that though as per the statute there is no provision for payment of interest on interest, however, the supreme court in the case of cit v. narendra doshi : [2002]254itr606(sc) awarded interest on interest and has accepted the principle laid down in the decision of the gujarat high court in d.j. works v ..... . dy. cit : [1992]195itr227(guj) which was subsequently followed by the gujarat high court in chimanlal s. patel v. cit : [1994]210itr419(guj) . the latter decision of the gujarat high court has considered the very provisions which are in question in ..... orderthis writ petition was originally filed as the refund of the excess advance tax was made to the petitioner. during the pendency of the writ petition, the refund was made along with interest thereon. there is no dispute with regard to that. the only .....

Commissioner of Income-tax Vs. Goodyear India Ltd.

Court : Delhi

Reported in : (2001)168CTR(Del)407; [2001]249ITR527(Delhi)

..... at the instance of the revenue, the following question has been referred for the opinion of this court by the income-tax appellate tribunal, new delhi (in short, the 'tribunal'), under section 256(1) of the income-tax act, 1961 (in short 'the act') :-'whether, on the facts and in the circumstances of the case, the tribunal is right in holding that ..... is entitled to interest under section 244 on the amount of interest amounting to rs. 1,90,499 payable under section 214 of the income-tax act, 1961 ?'2. the dispute relates to the assessment year 1967-68.3. the factual position which is almost undisputed is essentially as follows:the assessed had paid advance ..... refund in cash but adjustedit against the demand for the assessment year 1968-69. the assessed claimed interest on the advance tax paid by it under section 214 of the act. this was partly denied by the income-tax officer vide his order dated august 16, 1974. the assessed went in appeal to the appellate assistant commissioner (in, short .....

Commissioner of Income Tax Vs. M/S John Tinson and Com (P) Ltd. and or ...

Court : Delhi

..... assessment year 1970-71, by an order dated february, 11, 1972, the income-tax officer assessed the total income of the assessee at ` 82,72,020 and allowed interest under section 214 of the income-tax act, 1961, on advance payment of tax in excess of the tax determined on regular assessment. the matter went in appeal up to the tribunal. ..... in consequence of the order of the tribunal passed on february 12, 1974, the total income of the assessee was reduced to ` ita no ..... is received by the chief commissioner or commissioner, whichever period expires later."12. in n.a. malbary and bros. v. commissioner of income- tax, bombay north., 51 itr 295, which was a case under the income tax act, 1922 the assessing officer had passed first penalty order where under penalty was imposed on the basis of estimated .....

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 .....

Commissioner of Income-tax Vs. Pratap Singh

Court : Delhi

Reported in : [1982]138ITR27(Delhi)

..... view of the amendment to section 275 brought by act 42 of 1970 with effect from 1-4-1971?'(2) the questions referred to us arise out of the ..... have been referred to this court under section 256 of the income-tax act, 1961. they read as follows : '1. whether on the facts and in the circumstances of the case, the tribunal was legally right in cancelling the penalty of rs. 3,521 levied u/s. 273 of the income-tax act, 1961 ? 2. is not the tribunal's order vitiated in ..... not take within its purview an assessment made under section 147 of the act shri jain relied on the following decisions : gates foam & rubber co. v. commissioner of income tax : [1973]90itr422(ker) , commissioner of income tax v. ram chandra singh : [1976]104itr77(patna) , smt. kamla vati v. commissioner of income tax and trustees of h.e.h. nizam's religious endowment trust v. .....

A.K. JaIn and Brothers (Huf) Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)40ITD100(Delhi)

..... should he constituted to hear and dispose of these appeals. the point framed by the learned chartered accountant for consideration of the special bench was : " whether or not under the income-tax act, 1961, the taxpayer is entitled to refund with interest under section 214 and on application for refund being delayed further entitled to interest under section 243 on the refund and interest ..... for interest under section 214 is not tenable as the payment of rs. 7,846 made by you is not in accordance with the provisions of section 211 of the income-tax act, 1961. your claim for interest under section 243/244 is also not covered. in view of the above facts of the case, your claim for further refund and interest under section .....

income-tax Officer Vs. H.S. Tiagi

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1986)19ITD449(Delhi)

..... be paid by the ito to the assessee under section 214 of the income-tax act, 1961 ('the act') in respect of tax deducted at source aggregating to rs. 4,476 of which rs. 4,130 became refundable on the completion of the assessment.according to the learned departmental representative, section ..... the circumstances of the case, the learned aac has erred in directing the ito to allow interest under section 214 of the income-tax act, 1961 to the assessee on the refund of excess amount of tax deducted at source from his dividend income on shares.the short contention of the learned departmental representative is that the learned aac has erred in directing that the interest .....

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Reported in : (1999)65TTJ(Del)1

..... -11-1998, in cw no. 4024/98 observing as under :'the grievance raised in this petition is very limited. penalty proceedings under section 271c of the income tax act, 1961 were initiated and finalised by the deputy commissioner, range 23, new delhi, against the petitioner resulting into a penalty of rs. 6,99,82,700 being ..... against the common order of the commissioner (appeals) for the financial years 1989-90 to 1994-95 confirming the penalties levied under section 271c of the income tax act, 1961. since the facts are common, these appeals have been heard together and are decided by this consolidated order.2. the assessees involved have raised the common ..... may, 1995 : the project office gave information among others as under :'2. mitsui is filing tds returns as required by the income tax act, 1961. the returns are being filed under the jurisdiction of the income tax officer, tds 22(5), new delhi.3. the employees have been provided with some or all of the following payments, allowances and .....

Bharat Commerce and Industries Ltd. Vs. the Commissioner of Income-tax

Court : Delhi

Reported in : (1985)45CTR(Del)1; [1985]153ITR275(Delhi)

..... other sources for the purposes of its business and the interest paid on this borrowed amount would have been deductible under section 36(l)(iii) of the income-tax act. counsel further contended that the intention of the legislature was amply made clear by the subsequent insertion of section 80v which permitted deduction of interest on money ..... rs. 1.15,809.the assessed claimed deduction of this interest amount ofrs. 1,15,809'- under section 37 of the income-tax act. 1961in computing the business profits. the appellate assistant commissioner of income-tax held that the interest was not paid in respect of the capital borrowed for the purposes of the asscssecsbusiness. the assessed went ..... the purposes of its business the interest paid under section 139 and section 215 should be allowed as deduction under section 37 of the income-tax act. counsel submitted that the unpaid amount of tax was rs. 34.37.819/ and the said amount was used by the assessed for the purposes of its business. it was .....

Earthtech Enterprises Ltd. Vs. Kuljit Singh Butalia

Court : Delhi

..... evidence to prove that the mortgage is a sham document was admissible. in krishnabai (supra), nomenclature of a document was in issue. in this case, income tax act mandated deduction of tax, its deposit with central government and the said fact to be reduced in the form of a document, that is, tds certificate, thus, sections 91 ..... of landlord-tenant relationship between the parties. part b of chapter xvii of the income tax act, 1968 provides for deduction of tax at source by the payer in respect of certain specified payments. section 194-i of the income tax act, deals with deduction of tax at source in respect of rent paid by the tenant to landlord. it ..... land appurtenant to a building. section 200 of the income tax act further envisages that the amount of tax so deducted shall be deposited with the central government against permanent account number of the payee. section 203 of the income tax act casts a duty on the person to deduct tax at source and deposit the same with the central .....