Judgment Search Results Home > Cases Phrase: income tax act 1961 section 234d interest on excess refund Court: karnataka Page 1 of about 619 results (0.685 seconds)

Commissioner of Income-tax Vs. Sri Balaji and Co.,

Court : Karnataka

Reported in : [2000]246ITR750(KAR); [2000]246ITR750(Karn)

..... in law in holding that the kist amount payable to the government by the assessee could not be brought within the purview of the provisions of section 43b of the income-tax act, 1961. it is a different matter that the licensees are not paying the rent in time for which it is only the legislature which could intervene and not the courts. ..... was right in law in holding that 'kist' amount payable to the government by the assessee could not be brought within the purview of provisions of section 43b of the income-tax act, 1961 ?' 7. in i. t. r. c. no. 859 of 1998, the following question of law has been referred : 'whether, on the facts and in the circumstances of the ..... right in law in holding that 'kist' amount payable to the government by the assessee could not be brought within the purview of the provisions of section 43b of the income-tax act, 1961?' 3. in i. t. r. c. no. 5 of 1996, the following question of law has been referred : 'whether, on the facts and in the circumstances of the case .....

Commissioner of Income Tax Vs. Sri Balaji and Co. and ors.

Court : Karnataka

Reported in : (2000)163CTR(Kar)410

..... law in holding that the kist amount payable to the government by the assessee could not be brought within the purview of the provisions of section 43b of income tax act, 1961. it is a different matter that the licensees are not paying the rental in time for which it is only the legislature which could intervene and not the ..... in law in coming to the conclusion that kist amount payable by an excise contractor cannot be treated as 'duty' for the purpose of provisions of section 43b of the income tax act, 1961 ?'in itrc no. 342/98, the following question of law has been referred :'whether, on the facts and in the circumstances, the tribunal was right in holding ..... right in law in holding that 'kist' amount payable to the government by the assessee could not be brought within the purview of provisions of section 43b of the income tax act, 1961 ?'in itrc no. 5/96, the following question of law has been referred:'whether on the facts and in the circumstances of the case, particularly having regard .....

indo NissIn Foods Limited Vs. Income-tax Officer

Court : Karnataka

Reported in : (2008)217CTR(Kar)572; [2008]301ITR143(KAR); [2008]301ITR143(Karn)

..... 30, as the case may be. the said royalty payable by the assessee to the collaborator was subject to the provisions of tax deduction at source, as per the various provisions of the income-tax act, 1961.the assessee credited the royalty as per the agreed terms to the collaborator from april 1, 1994, to january 31, 2000. ..... tribunal is correct in rejecting the claim for set off and refund merely because section 201(1) and 201(1a) of the income-tax act, 1961, have been amended to cover short deduction of tax?3. the facts of the case, in a nutshell, are as under:the assesses had initially entered into a technical collaboration agreement with ..... 333, dated april 2, 1982 (see : [1982]137itr1(bom) ), dealing with the conflict between the provisions of the income-tax act, 1961, and the provisions of the double taxation avoidance agreement, its clarification, the judgment of this court reported in cit v. r.m. muthaiah : [1993]202itr508(kar) and the board's circular no. 769, dated august 6, 1998 .....

R. Gopal Ramnaryan Vs. Third Income Tax Officer, Circle-ii, Banglore

Court : Karnataka

Reported in : (1980)19CTR(Kar)391; [1980]126ITR369(KAR); [1981]5TAXMAN71(Kar)

..... pursuant to an order passed under s. 143(3) of the income-tax act, 1961 (hereinafter referred to as "the act") the petitioner paid a sum of rs. 94,179 as advance tax and also a further sum of rs. 4,883.89 had been deducted as tax at source under the act. the petitioner also paid for that assessment year a sum of ..... that context, the learned judge has observed as follows (p. 68) :"in my opinion the said sum which was demanded under section 18a of the income-tax act was not a tax which became due and payable ..... judge was considering whether the official liquidator of the company was bound to treat as preferential payment the advance income-tax under s. 18a of the indian i.t. act, 1922 (corresponding to s. 210 of the i.t. act, 1961), as against the contentions of the official liquidator that such demand could not be treated as preferential payment. in .....

Wipro Limited Vs. The Joint Commissioner Of Income Tax

Court : Karnataka

..... a copy whereof is at annexure-a whereby the second respondent-dcit having negatived its application dated 22.03.2019 filed u/s 244a(1a) of the income tax act, 1961 (hereafter 1961 act ) has denied additional 3% interest on the allegedly delayed refund of amount relatable to assessment year 2008-09. 33. the second respondent having contexted section 244a ..... that a fresh reassessment be made, the same would be covered by section 153(3); one may also note that section 32 2(40) of the income tax act, 1961, act defines the term regular assessment to mean assessment under sub section 3 of section 143 or section 144; therefore these terminologies have different import in different sections. ..... it has been held under the erstwhile income tax act, 1922 that the word assessment is not confined to the definite act of making an order of assessment; in c.a. abraham v. ito [1961]. 41 itr425(sc), in the context of section 44 of 1922 act (similar to section 189 of the 1961 act), it has been held 16 that the .....

Commissioner of Income-tax Vs. Deepchand Kishanlal

Court : Karnataka

Reported in : (1990)82CTR(Kar)322; [1990]183ITR299(KAR); [1990]183ITR299(Karn)

..... ]106itr38(cal) - (chloride india's case, for short). the decision was rendered in the year 1976. the assessment year was 1964-65 and was under the provisions of the income-tax act, 1961. section 214 as it then stood came up for consideration and it was held that the 'regular assessment' was the effective order of assessment; an initial order of assessment which ..... question of law referred to us under the provisions of section 256(1) of the income-tax act, 1961 (hereinafter referred as 'the act'), is as under: 'whether, on the facts and in the circumstances of the case, the tribunal is justified in upholding the decision of the commissioner of income-tax (appeals), (i) that no interest under section 139(8) is leviable on the registered firm .....

Nestle India Limited Vs. Asstt. Commissioner of C. Ex.

Court : Karnataka

Reported in : 2003(154)ELT567(Kar); ILR2004KAR1641

..... over by the petitioner as pre-deposit before the tribunal.2. petitioner manufactures instant coffee powder falling under chapter 21 of the schedule to the central excise tariff act 1985. petitioner had been filing price lists availing certain deductions from the sale price at depot for the purpose of determination of assessable value. provisional assessments for the ..... interim order. appellate authority in terms of his order dated 31-7-1998 allowed the deduction towards octroi as an abatement but rejected the appeal with regard to deduction on account of turnover tax and interest on receivables. petitioner ..... as turnover tax, octroi, etc. appellate authority in terms of its order dated 16-9-1997 directed the petitioner to pay a sum of rs. 7 crores as pre-deposit for taking up the appeal in terms of section 35f of the central excise act. petitioner paid the entire sum of rs. 7 crores in terms of the .....

Ranganatha Associates and ors. Vs. Union of India (Uoi) and ors.

Court : Karnataka

Reported in : (2003)180CTR(Kar)441

..... business as excise contractor. he is an assessee in terms of the it act, 1961 (for short, 'the act'). for the asst. yr. 1990-91, petitioner filed a return of income on 5th feb., 1991, declaring his income as rs. 1,16,22,373 and taxes of rs. 49,27,210 (advance tax and tds) were paid and an order of assessment was made on ..... light of definition of 'designated authority', it is not possible for other officers to provide for any adjustment in terms of section 245 of the act. therefore, respondents are right in saying that a close reading of the income-tax provisions to the scheme would show that the adjustment is not permissible in law in terms of section 245 of the ..... act. in fact, this very question of 'designated authority' has been considered by the gujarat high court in the case of gufic pharma ltd. v. j.g. .....

Commissioner of Income-tax Vs. P.V.S. Beedies (P.) Ltd.

Court : Karnataka

Reported in : [1987]163ITR846(KAR); [1987]163ITR846(Karn)

..... opinion : '1. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in allowing interest under section 214 of the income-tax act, 1961 2. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in confirming the action of the appellate assistant commissioner in admitting ..... an appeal against the levy of interest under section 139(8) of the income-tax act, 1961 3. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in cancelling the interest levied under section 139(8) ..... of the income-tax act, 1961, holding that the amount paid through cheque given on march 13, 1974, and encashed on march 16, 1974, should be treated as advance tax paid for purpose of levy of interest under section 139(8) ?' 2. it would be .....

Commissioner of Income Tax and anr. Vs. Karnataka Urban Infrastructure ...

Court : Karnataka

Reported in : ILR2006KAR202; [2006]284ITR582(KAR); [2006]284ITR582(Karn)

..... the revenue has preferred this appeal. 3. sri m.v. seshachala, learned counsel for the revenue submitted that all incomes, which are not exempted under section 10 of the act, are liable to tax under section 4 of the act and, therefore, the order of the tribunal requires to be set aside.4. the material on record shows that the ..... state for implementing the scheme of the government, this being the factual position, the lower authorities committed serious error in treating the interest as income of the assessee and bringing the same to tax. therefore, the tribunal set aside the orders of the ao and the first appellate authority and the claim of the assessee was allowed. ..... by the respondent to the tune of rs. 4,66,75,814 cannot be treated as income liable to tax under the provisions of the it act (for short hereinafter referred to as 'the act') as the respondent is acting as a nodal agency for implementing certain central and state government projects.2. few facts leading to this appeal, are as .....