Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Page 4 of about 161,637 results (0.487 seconds)

Smt. B. Seshamma Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [1979]119ITR314(Mad)

..... three questions have been referred to us under section 256(1) of the i.t. act, 1961:'1. in the facts and circumstances of the case, whether the tribunal was right in holding that the sum of rs. 5,557 was income liable to be assessed to tax for the assessment year 1969-70 ? 2. in the facts and circumstances of the case ..... ran the argument.6. under sub-s. (1) of section 4 of the act, the levy of income-tax is on the total income of the previous year computed in the manner laid down in the act. sub-section (2) provided that in respect of income chargeable under sub-section (1), income-tax shall be deducted at the source or paid in advance where it is so ..... activity, business or investment and whatever that comes to the assessee by way of income-tax assessments is only a tax refund or a remission in tax liability measured by way of interest. he invited our attention to sections 4(2), 207 and 214(1a) of the act. the argument of the learned counsel is that these provisions make it clear that what .....

Shanti Enterprise Vs. Assistant Commissioner of Income Tax and Another

Court : Gujarat

..... any other appropriate writ to quash and set aside the order of respondent no.2 - commissioner of income tax-i at annexure-l rejecting the revision petition filed by the petitioner under section 264 of the income tax act, 1961 ("the act" for short)on the ground that the petitioner had not made out sufficient cause for condonation of delay ..... in filing the revision application; and has also prayed to quash the order levying penalty under section 271 (1)(c) of the act at annexure a, dated 12.3 ..... for money remaining with the government. to remove this inequity, as also to simplify the provisions in this regard, the amending act, 1987, has inserted a new section 244a in the income tax act, applicable from the assessment year 1989-90 and onwards which contains all the provisions for payment of interest by the department for .....

The Dy. Commissioner of Vs. State Bank of Travancore

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2007)292ITR56(Coch.)

..... the provisions of section (sic), 237, 240, 243, 244 and relevant case law on the issue and held as under: in view of the express provisions of the income-tax act, 1961, an assessee is entitled to compensation, by way of interest for the delay in the payment of amounts lawfully due to the assessee which are withheld wrongly and contrary to ..... to the assessee for money remaining with the government. to remove this inequity, as also to simplify the provisions in this regard, the amending act, 1987, has inserted a new section 244a in the income-tax act, applicable from the assessment year 1989-90 and onwards, which contains all the provisions for payment of interest by the department for delay in the ..... know no equity. there cannot be a direction to the revenue to pay interest in equity, when there is no such provision in the income-tax act. the decision in the case of modi industries ltd. (supra) has been considered by the hon'ble supreme court in the recent decision in the case of sandvik asia .....

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 .....

S. A. Wahab Vs. Income Tax Officer and anr.

Court : Kerala

Reported in : (1998)145CTR(Ker)453

..... to talk of any amount of refund becoming due to the assessee in respect of that assessment year, particularly, in the light of s. 237 of the it act, 1961'.6. no doubt, under s. 264 the cit is not empowered to pass an order not being an order prejudicial to the assessee. by the impugned order, ext. p9, the revision filed by the ..... under the it act, 1961 (for short the act). the question raised in this writ petition relates to the correctness and legality of an order passed by the cit under s. 264 of the act.2. the facts involved in this case are briefly summarised thus : for the asst. yr. 1980-81 the first respondent passed ext. p1 order of assessment fixing the total income of the ..... assessee as rs. 1,31,810 and the total tax payable as rs. 70,483. as .....

Asstt. Cit, Circle, Panipat Vs. Liberty India

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)4SOT93(Delhi)

..... as the profit or gain 'derived' from & industrial undertaking. it may constitute profits or gains of the business by virtue of section 28 of the income tax act, 1961, but, it cannot be construed as profits or gains 'derived' from the industrial undertaking for, its immediate and proximate source is not the industrial undertaking ..... the industrial undertaking having direct nexus with the activity of such industrial undertaking and, accordingly, the same forms part of the income derived from such industrial undertaking. the order of the cit(a) was, therefore, upheld with reference to this item.'" before me, the learned departmental representative for the revenue, submitted ..... receipt of the industrial undertaking having direct nexus with the activity of such industrial undertaking and, therefore, it forms part of the income derived from such industrial undertaking. the cit(appeals) coming to the above conclusion has placed reliance on the decision of the delhi bench of the tribunal in the case .....

Collector of Central Excise Vs. Mizar Govinda Annappa Pai and Sons

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1986)(9)ECC176

..... cases is an issue that does not arise in these proceedings.] so also, construing the expression "reason to believe" occurring in section 147(a) of the income tax act, 1961 the hon'ble supreme court had laid it down that before jurisdiction could be assumed under the provision, the officer designated therein must have reason to believe that the ..... income of the assesses had escaped assessment. if that condition is not fulfilled, the notice issued by the officer would be without jurisdiction. (c) (i) once this ..... ltd. v. co. law board and ors.] it was laid down that the words "in the opinion of the central government" in section 237(b) of the companies act, 1956 indicate that the opinion must be formed by the central government. this was reiterated in [rohtas industries ltd. v. s.d. aggarwal]. [the question of the existence .....

Commissioner of Income Tax Vs. T. V. Sundaram Iyengar and Sons Ltd.

Court : Chennai

Reported in : (1998)147CTR(Mad)15

..... contemplated.on the above construction made by us of the aforesaid relevant provisions of the it act, 1961, it is clear that the order of the ito in both these references, refusing to refund the amounts of tax deposited by the assessee, which became refundable on assessment of the income as nil by the ito, after the tribunals order cancelling the regular assessments, is, in ..... ss. 143 and 144 of the act.25. that apart, s. 104 of the act also uses the expression, assessee is liable to income-tax and the marginal note of the section also indicates that it is an income-tax on undistributed income of certain companies. when the act itself postulates that the payment made under s. 104 of the act is an income-tax, the denial of interest under s .....

Commissioner of Income Tax Vs. T.V. Sundaram Iyengar and Sons Ltd.

Court : Chennai

Reported in : [1999]236ITR524(Mad)

..... contemplated. on the above construction made by us of the aforesaid relevant provisions of the it act, 1961, it is clear that the order of the ito in both these references, refusing to refund the amounts of tax deposited by the assessee, which became refundable on assessment of the income as nil by the ito, after the tribunal's order cancelling the regular assessments, is ..... ss. 143 and 144 of the act. 25. that apart, s. 104 of the act also uses the expression, 'assessee is liable to income-tax' and the marginal note of the section also indicates that it is an income-tax on undistributed income of certain companies. when the act itself postulates that the payment made under s. 104 of the act is an income-tax, the denial of interest under s .....