Court : Kolkata
Reported in : [1993]202ITR889(Cal)
..... assets in the balance-sheet shall not be treated as assets, namely : -- (a) any amount paid as advance tax under section 18a of the indian income-tax act, 1922 (11 of 1922), or under section 210 of the income-tax act, 1961 (43 of 1961). ...' 48. sub-clause (b) of clause (i) of explanation ii is not material for the purposes of this ..... in the balance-sheet shall not be treated as assets, namely : (a) any amount paid as advance tax under section 18a of the indian income-tax act, 1922 (11 of 1922), or under section 210 of the income-tax act, 1961 (43 of 1961) ; (b) any amount shown in the balance-sheet including the debit balance of the profit and loss ..... in clause (i)(a)' refer to the provision for taxation other than the provision for advance tax ; they do not mean the amount paid as advance tax under section 18a of the indian income-tax act, 1922, or section 210 of the income-tax act, 1961. while considering the provision for taxation, it must be ascertained that there is no provision for .....
Tag this Judgment!Court : Rajasthan
Reported in : [1991(62)FLR252]; (1992)ILLJ903Raj; 1990(1)WLN361
..... its employees is 7. this firm is also separately registered with the industries department and has got its separate central sales tax and rajasthan sales tax numbers and is separately assessed under the income tax act. this firm also purchases limestones from khoja lime udyog and operates its kilns. it is also stated in this petition that ..... the three firms are separately owned by three individuals, they kept their accounts separate and are separately assessed under the central sales tax and rajasthan sales tax act and the income tax act. not only this, there is absolutely nothing on record to suggest that there is a functional integrality or integrity of finance and ..... of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961, or under the standing orders of the establishment'. the same term has been defined under the employees state insurance act, 1948:2.(9) 'employee' means any person employed for wages in or in connection with the .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)165CTR(Bom)67; [2000]245ITR823(Bom)
..... receipt in the hands of the foreign company and, therefore, the same was liable to tax under section 9(1)(vii) read with section 115a and section 44d of the income-tax act, 1961. accordingly, the assessing officer directed the assessee to deduct tax at source on all payments irrespective of the fact whether they are remitted to the foreign ..... could be treated as payment in lieu of fees. being aggrieved by the decision of the tribunal, the department has come in appeal under section 260a of the income-tax act.2. the short point which arises for determination in this appeal is, whether a substantial question of law arises in this case ?3. mr. desai, learned ..... that the scheme of section 195 clearly indicates that the expression 'any other sum chargeable under the provisions of the income-tax act' would mean a sum on which income-tax is leviable. in other words, according to learned counsel, tax was required to be deducted on the gross sum. in this connection, he relied upon the judgment of the .....
Tag this Judgment!Court : Mumbai
Reported in : [1963]48ITR404(Bom)
..... is whether the said expression as used in section 30(1) has that meaning. it is well settled that the expression 'assessment' has been used in the income-tax act in different senses at different places. what is the correct connotation of the expression in a given provision must be determined on an examination of the said provision ..... year 1950-51 is the sum of rs. 20,933 or that sum increased by the sum of rs. 11,860 (2) whether section 23a of the income-tax act, 1922, is ultra vires the legislature (3) whether any appeal lies to the appellate assistant commissioner against levy of penal interest correctly computed in accordance with the provisions ..... appeal was confirmed by the tribunal, relying on the decision of this court in commissioner of income-tax v. jagdish prasad ramnath. 8. the provision relating to appeals from the order of the income-tax officer is contained in section 30 of the income-tax act. that section does not specifically provide for an appeal against the levy of a penal .....
Tag this Judgment!Court : Mumbai
Reported in : (1955)57BOMLR425; [1955]27ITR684(Bom)
..... , the first previous year which must be taken into consideration is the year 1949 and not the year 1948. now, 'previous year' is defined in the income-tax act itself and it is a period of 12 months according to the method of accounting of the assessee. a previous year is never a broken period of a ..... few months. undoubtedly, the company is liable to pay tax on the profits made by it during this broken period, but the income-tax act provides a special machinery for taxing an assessee whose business is discontinued during particular period. therefore, for the purpose of the income-tax act the period 1st january, 1949, to the 30th april, 1949, ..... and its business was discontinued, but as we said before, although the income-tax act might lay down the machinery and provide the procedure for assessing the income of the company during this broken period, it does not follow that for the purpose of the income-tax act this broken period becomes the previous year for the purpose of the proviso .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR11
..... petition against respondents 2 and 3. (67) the petition was filed and rule nisi was granted before section 49ee as inserted in the income-tax act by section 3 of the income-tax (amendment) act, 1959. the petition was, therefore, allowed to be amended. a further amendment of the petition was sought by mr. amin in the ..... duly recorded by the commission.(5) in the meanwhile, s. 34 of the indian income-tax act was amended by the income-tax and business profits tax (amendment) act, 1948 (act 48 of 1948). under section 34, after it was amended. if (a) the income-tax officer had reason to believe that by reason of the omission or failure on the ..... fall to be determined: (i) whether the union parliament was competent to enact section 3 of the indian income-tax (amendment) act. 1959 (act no. 1 of 1959) whereby section 49ee was incorporated in the indian income-tax act, 1922, prohibiting the entertainment of claims for refund of money paid or security furnished pursuant to settlements relating to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1960Bom353; [1960]40ITR624(Bom)
..... petition against respondents nos. 2 and 3. 83. the petition was filed and rule nisi was granted before section 49ee was inserted in the income-tax act by section 3 of the income-tax (amendment) act, 1959. the petition was, therefore, allowed to be amended. a further amendment of the petition was sought by mr. amin in the ..... duly recorded by the commission. 6. in the meanwhile, section 34 of the indian income-tax act was amended by the income-tax and business profits tax (amendment) act, 1948 (xlviii of 1948). under section 34 after it was amended, if (a) the income-tax officer had reason to believe that by reason of the omission or failure on the part ..... provisions do not provide for any payment of interest and result in discrimination between payments made under a settlement and advance payment under the provisions of the income-tax act. 85. in order to examine the arguments on the several points canvassed before us by learned counsel on either side on this question of constitutionality of .....
Tag this Judgment!Court : Mumbai
Reported in : (1988)70CTR(Bom)53; [1988]173ITR164(Bom)
..... also issued to mazgaon dock ltd. (respondent no. 7), three notices dated august 10, 1985. september 11, 1985 and september 13, 1985, under section 226(3) of the income-tax act, 1961. under these notices, mazgaon dock ltd. was informed that sums of rs. 15,73,727, rs. 8,82,253 and rs. 3,67,55,170 were due from the petitioner ..... services of a technical nature for a period of less than 90 days, the petitioner reasonably believed that their salaries were exempt from income-tax under section 10(6)(vi) and section 10(6)(viii) of the income-tax act, 1961, for the assessment year 1979-80. the petitioner has filed with the respondents full particulars in respect of each of these 291 employees ..... , much less interest or penalty, if any, payable by the petitioner. the notices, therefore, are contrary to the provisions of section 226(3) of the income-tax act, 1961. the respondents are liable to return the amount of rs. 3,92,11,150 together with interest thereon at the rate of 15% p. a. to mazgaon dock .....
Tag this Judgment!Court : Mumbai
Reported in : [2001]248ITR659(Bom)
..... officer (tro), ward no. 24, mumbai, vide order dated november 17, 1989, attached the above flat under schedule ii to the income-tax act, 1961, on account of tax arrears outstanding in the case of the assessee by name vinod bhatia. the attachment has since been continued. by letter dated march 31, 1994, addressed by the advocate on behalf ..... in refusing to adjudicate upon the claim of the petitioner under rule 11 of the second schedule to the income-tax act, 1961, on the ground that the assessing officer has declared the gift deed dated december 2, 1986, as void under section 281 of the act. the gift deed is in favour of the petitioner. it pertains to flat no. 23, 'belle view', bhulabhai .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1981]127ITR378(AP)
..... 69 ?3. whether, on the facts and in the circumstances of the case, there was compliance by the assessee with the conditions stipulated in section 11(2) of the income-tax act, 1961, for the assessment years 1966-67, 1967-68 and 1968-69?4. whether, on the facts and in the circumstances of the case, the whole or any portion ..... of the income assessed by the income-tax officer is liable to be taxed in the assessee's hands on the ground of non-fulfilment of the conditions stipulated in section 11(2) of the income-tax act, 1961, for the assessment years 1966-67 and 1968-69 ?'2. questions nos. 1 ..... following four questions have been referred to us under section 256(1) of the i.t. act for decision :'1. whether, on the facts and in the circumstances of the case, the reassessment made by the income-tax officer under section 147 of the income-tax act, 1961, for the assessment year 1966-67 is valid ?2. whether, on the facts and in the .....
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