Judgment Search Results Home > Cases Phrase: income tax act 1961 section 225 stay of proceedings in pursuance of certificate and amendment or cancellation thereof Sorted by: old Page 1 of about 194 results (0.133 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 .....

Hylton Vs. United States

Court : US Supreme Court

..... 171 (1796) hylton v. united states 3 u.s. (3 dall.) 171 error to the circuit court for the district of virginia syllabus the act of congress of 6 june 1794, laying "a tax on carriages for the conveyance of persons, kept for the use of the owner," is a constitutional law, and is within the authority granted to ..... , and is at once easy, certain, and efficacious. all taxes on expenses or consumption are indirect taxes. a tax on carriages is of this kind, and of course is not a direct tax. indirect taxes are circuitous modes of reaching the revenue of individuals, who generally live according to their income. in many cases of this nature the individual may be said ..... to tax himself. i shall close the discourse with reading a passage or two from smith's wealth .....

Merchants' Loan and Trust Co. Vs. Smietanka

Court : US Supreme Court

..... . cf. goodrich v. edwards, post, 255 u. s. 527 ; walsh v. brewster, post, 255 u. s. 536 . 3. income, within the meaning of the sixteenth amendment, the income tax act of 1913, 1916, 1917, and the corporation tax act of 1909, is a gain derived from capital, from labor, or from both combined, including profit gained through sale or conversion of capital ..... is obvious that these decisions in principle rule the page 255 u. s. 519 case at bar if the word "income" has the same meaning in the income tax act of 1913 that it had in the corporation excise tax act of 1909, and that it has the same scope of meaning was in effect decided in southern pacific co. v. ..... coal & mining co. v. harry w. mager, collector, etc., submitted with it, and in other cases since argued that the word "income," as used in the sixteenth amendment and in the income tax act we are considering, does not include the gain from capital realized by a single isolated sale of property, but that only the profits realized from .....

Weston Vs. City Council of Charleston

Court : US Supreme Court

..... this state of the question. it is true the act of the city council of charleston which imposes this tax is most clumsily worded. but i think it clear that, taken together, the object is to impose an income tax. this, i think, is necessarily inferred from the fact that the tax is not imposed upon money at interest generally, but ..... it is said "this ordinance does not affect to regard the tax as an income tax. it is a tax upon the united states stock eo nomine. as it is not a tax on income, it is unnecessary to inquire if the city council or a state has the power to tax income and include therein the interest received on united states stock. the ..... from exempting from taxation certain species of property according to their own views of policy or expediency. what, then, is the ordinance in substance? it is a tax upon the net income of interest, upon money secured by bonds, notes, insurance stock, six and seven percent stock of the united states, or other obligations, upon which interest has .....

Venable Vs. Mcdonald

Court : US Supreme Court

..... children were maintained during this whole period by venable and his wife, and in the most favorable view, if adams' estate had been completely settled, the interest and income from the children's shares of his whole estate could not be presumed to amount to more than, if to so much as, the reasonable expenses for their support ..... all due certainty. the court cannot presume it. the statement already alluded to as a statement of the administration or guardianship account contains no deductions whatever, either for charges, taxes, page 27 u. s. 117 repairs, or even for debts due from the intestate, or for expenses incurred for the children. it assumes only one side of the ..... execution of the deeds, ought not to be permitted to prejudice the title of mcdonald, and are not evidence to bind him. it is true that neither the acts nor confessions of a grantor under such circumstances are admissible to defeat the title of the grantee. but they are certainly admissible to disprove the answer of the .....

Peter Vs. Beverly

Court : US Supreme Court

..... except one farm, which, being stocked, was reserved for the management and support of the family, and so remains to this day. the income arising from the estate annually, after paying taxes, was insufficient to defray the expenses of the establishment in georgetown in the manner they had been accustomed to live and to educate the three ..... be considered when the claims generally shall be presented for final settlement." "the death of the executrix, the subsequent death of leonard h. johns, who was the acting executor, and the surviving executor not residing in the district, and knowing little about the manner in which the estate has been managed, the want of papers and ..... the banks, and he exhibits numerous letters from beverly showing his knowledge of and acquiescence in it, and shows that said beverly was, for a considerable time, acting as agent for the estate, under the authority of the executors, and paying discounts on these substituted notes to the banks out of the rents of the estate, .....

Charles River Bridge Vs. Warren Bridge

Court : US Supreme Court

..... unaltered. in short, all the franchises and rights of property enumerated in the charter and there mentioned to have been granted to it remain unimpaired. but its income is destroyed by the warren bridge, which, being free, draws off the passengers and property which would have gone over it and renders their franchise of no value ..... was to be the property of the commonwealth, "saving, as the law expresses it, to the said college or university, a reasonable annual compensation for the annual income of the ferry, which they might have received, had not the said bridge been erected." the bridge was accordingly built, and was opened for passengers on the 17th ..... regards the question of jurisdiction, this case, in principle, is similar to the one under consideration. osborn acted as the agent or officer of the state of ohio in collecting from the bank, under an act of the state, a tax or penalty unconstitutionally imposed, and if, in such a case, jurisdiction could be sustained against the agent .....