Judgment Search Results Home > Cases Phrase: income tax act 1961 section 225 stay of proceedings in pursuance of certificate and amendment or cancellation thereof Page 1 of about 194 results (0.277 seconds)

Sri Lakshmi Brick Industries Vs. Tax Recovery Officer Xxvii

Court : Chennai

..... housing project and as a consequence to the development of the project and the profit derived thereon, they sought the benefit of section 80-ib of the income tax act, 1961, more particularly sub clause 10, which reads as follows:- "deduction in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings. ..... at liberty to proceed for recovery if they succeed in the appeal before the court. the provisions of section 225(2) of the income tax act, 1961 gives a mandate to tax recovery officer to pass appropriate orders based on the orders passed in appeal or other proceedings.13. in such view of the matter, ..... than one residential unit in the housing project is allotted to any person not being an individual; " 6. special deduction from tax was sought under chapter vi-a of the tamil nadu income tax act, 1961 and that was disallowed by the assessing officer and a demand was raised. the petitioner, however, filed an appeal to the commissioner .....

M.S. Gnanasoundari Vs. Chief Commissioner of Income Tax and ors.

Court : Chennai

Reported in : [1998]232ITR711(Mad)

..... , madras 35, for and on behalf of m. j. durairaj as a benami owner of 829, mount road, madras 2, on account of income-tax/super-tax/penalty/interest/fine. you are hereby required under s. 226(3) of the it act, 1961, to pay to me forthwith any amount due from you to or, held by you, for or on account of the said ...... up ..... that the order passed by the learned judge, which is now in appeal, does not call for interference, since the notice under s. 226(3) of the it act, 1961, is valid to the extent of tax arrears of rs. 13,65,778 relating to the asst. yr. 1981-82. it is, therefore, prayed that the writ appeal filed by the appellant may be ..... affidavit that without any prior notice to show cause or making any payment from her, a notice under s. 226(3) of the it act was issued, to the occupant of the premises for recovery of the arrears of income-tax of her husband for the period 1972 to 1979. she has contended that the entire proceedings of the respondents starting from the initial .....

Sri Mohan Wahi Vs. Commissioner, Income-tax, Varanasi and ors.

Court : Supreme Court of India

Reported in : AIR2001SC3906; [2001]248ITR799(SC); JT2001(4)SC343; 2001(3)SCALE138; (2001)4SCC362; [2001]2SCR912

..... could neither have been deemed to be in default nor any proceedings for recovery of tax could have been initiated against him. 14. the provision corresponding with section 156 of the income-tax act, 1961 contained in section 29 of the income-tax act, 1922 came up for the consideration of this court in income-tax officer, kolar circle and anr. vs . seghu buchiah settv : [1964]52itr538(sc) . hidayatullah, j ..... were issued had admittedly ceased to exist; andii) what is the effect of a notice of demand under section 156 of the income-tax act, 1961 having not been served on the assessee on the sale held for recovery of arrears of income-tax?7. taking up first question the first, according to section 222 where an assessee is in default or is deemed to be .....

Mohan Wahi Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : (2001)167CTR(SC)86

..... neither have been deemed to be in default nor any proceedings for recovery of tax could have been initiated against him. 13. the provisions corresponding with section 156 of the income tax act, 1961 contained in section 29 of the income tax act, 1922 came up for the consideration of this court in income-tax officer, kolar circle & anr. v. seghu buchiah setty, 1964(52) ..... ceased to exist; and ii) what is the effect of a notice of demand under section 156 of the income tax act, 1961 having not been served on the assessee on the sale held for recovery of arrears of income-tax? 7. taking up first question the first, according to section 222 where in assessee is in default or is ..... officer could not have confirmed the sale on 25-3-1998. rule 56 in second schedule of the income tax act, 1961 is neither a redundant nor a formal provision. it casts an obligation on the tax recovery officer to pass an order confirming the sale consciously and with due application of mind to the relevant facts relating .....

C. Rajendran and anr. Vs. Income-tax Officer

Court : Chennai

Reported in : (2002)173CTR(Mad)171; [2002]253ITR139(Mad)

..... the company was in tax arrears for the aforementioned two assessment years in the sum of rs. 27,347 and rs. 3,25,976, respectively. in ..... assessment year 1974-75 was rs. 18,855 while the tax liability for the assessment year 1978-79 came to rs. 3,58,174. a notice came to be served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income-tax act, 1961. by that notice, it was informed to the company that ..... better to remand the matter to the concerned authority who would consider all the aspects and then come to the conclusion regarding the proceeding under section 179(1) of the income-tax act and the resultant action thereof. however, the concerned authority shall be guided by the observations made by us in this order. 13. with this, we partly allow the .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... the company was in tax arrears for the aforementioned two assessment years in the sum of rs. 27,347 and rs. 3,25,976, respectively. in ..... assessment year 1974-75 was rs. 18,855 while the tax liability for the assessment year 1978-79 came to rs. 3,58,174. a notice came to be served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income tax act, 1961. by that notice, it was informed to the company that ..... better to remand the matter to the concerned authority who would consider all the aspects and then come to the conclusion regarding the proceeding under section 179(1) of the income tax act and the resultant action thereof. however, the concerned authority shall be guided by the observations made by us in this order.with this, we partly allow the appeal, .....

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 .....

Union of India (Uoi) and ors. Vs. Seth R. Dalmia

Court : Supreme Court of India

Reported in : AIR1975SC1017; (1975)4SCC16; [1975]3SCR735; 1975(7)LC275(SC)

..... the chairman under office order dated january 1, 1964 which included matters relating to the reopening of assessments under section 34 of the income-tax act, 1922 or under section 147 of the income-tax act, 1961, but the paragraph adds that 'later with the approval of the central government this item of work was assigned to the member ..... writ petitions filed by the respondent before us challenging the validity of six notices dated september 7, 1965 issued under section 148 of the income-tax act, 1961 (hereinafter referred to as the act). the notices relate to the assessment years 1949-50, 1950-51 and 1951-52, the corresponding accounting years ending on the 30th september ..... work of according sanction of the board under section 151(1) for reopening of assessments under section 147 of the income-tax act, 1961 to which he consented.4. rule 4 of the central board of direct taxes (regulation of transaction of business) rules, 1964 envisaged that chairman may by an order made with the previous .....

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... ; that by virtue of the impugned notification, the central board of direct taxes has purported to supplement section 17(2) of the income-tax act by incorporating amendments in the existing income-tax rules. secondly ..... direct taxes. the petitioners have challenged the notification on four grounds. firstly, on the ground that the impugned notification is issued in purported exercise of power conferred on the central board of direct taxes by section 295 of the income-tax act, 1961, read with section 17(2) and section 192(2c) of the income-tax act ..... c). it was further pointed out that by the taxation laws (amendment) act, 1984, section 17(2) and section 40a of the income-tax act were amended. that by the taxation laws (amendment) act, 1984, parliament amended the income-tax act and taxed interest free loan/concessional loan to employees for the purposes of building a .....

Interbulk Trading SA, Switzerland Vs. Adam and Coal Resources Private ...

Court : Chennai

..... determined on a document-only basis , expert evidence was led by both sides, with regard to the obligation, if any, of adam coal to deduct withholding tax under the provisions of the indian income tax act, 1961 (in short the income tax act ). in this context, the testimony of experts was also placed before the learned arbitrator, with regard to the relevant provisions of the dtaa. 15.5 ..... . at this point, i may also deal with the argument, which was advanced on behalf of the respondent, which is that, provision of section 195 of the income tax act, 1961 (in short 1961 act) necessarily obligated deduction of withholding tax, by the payer, without fail, every time a payment was made to a non-resident. in my view, this submission of the respondent is completely misconceived .....