Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Sorted by: recent Page 1 of about 161,678 results (0.463 seconds)

Gujarat Electric Co. Ltd. Vs. Cit and anr.

Court : Gujarat

Reported in : (2002)172CTR(Guj)220

..... out by the petitioner. the learned counsel pleaded that claim for refund ought to have been entertained and accepted in view of section 119(2)(b) of the income tax act, 1961, which enables the board to authorise a competent authority to admit an application or claim for refund made after expiry of period of limitation. what was emphasized ..... or direction to quash and set aside order dated 17-5-2000, passed by the member, central board of direct taxes, by which the claim made by the petitioner for refund under section 237 of the income tax act, 1961, is rejected. the petitioner has further prayed to issue a writ of mandamus directing the respondent no. 1 to give ..... not being commissioner (appeals) to admit an application or claim for any exemption, deduction, refund or any other relief under the act, after the expiry of period specified by or under the income tax act for making such application or claim and deal with the same on merits in accordance with law. it is an admitted position that .....

Gujarat Electric Co. Ltd. Vs. Commissioner of Income-tax

Court : Gujarat

Reported in : [2002]255ITR396(Guj)

..... out by the petitioner. learned counsel pleaded that the claim for refund ought to have been entertained and accepted in view of section 119(2)(b) of the income-tax act, 1961, which enables the board to authorise a competent authority to admit an application or claim for refund made after the expiry of the period of limitation. what ..... or direction to quash and set aside order dated may 17, 2000 passed by the member, central board of direct taxes, by which the claim made by the petitioner for refund under section 237 of the income-tax act, 1961, is rejected. the petitioner has further prayed to issue a writ of mandamus directing respondent no. 1 to give refund ..... not being commissioner (appeals) to admit an application or claim for any exemption, deduction, refund or any other relief under the act, after the expiry of the period specified by or under the income-tax act for making such application or claim and deal with the same on the merits in accordance with law. it is an admitted position .....

M/S.Santuka Agencies Vs. Income Tax Officer, Ward-2(2), Cuttack and Ot ...

Court : Orissa

..... .1,70,691/- as claimed in its return filed on 01.09.2003 for the assessment year 2003-04 along with interest as provided under the income tax act, 1961 and the income tax authorities are not justified in not granting the refund claimed by the petitioner.8. return the undisputed facts are that the petitioner filed its for the ..... for which a noting was made in the records for issue of notice under section 148 of the income tax act, 1961. however, there is no evidence available on records regarding actual service of the notice under section 148 of the income tax act, 1961 on the assessee except the service of letter dated 1.6.2004 on the petitioner on 1.7. ..... 70,691/- was not received by the assessee till 16.07.2008. under the provisions of the income tax statute, a return of income filed for the assessment year 2003-04 has to be processed under section 143(1) of the income tax act, 1961 by march, 2005. as per the existing administrative regulation, any refund claimed which is found lawfully .....

Sukra Oraon Vs. Commissioner of Income Tax and ors.

Court : Jharkhand

Reported in : [2007(1)JCR223(Jhr)]

..... petitioner was found. it is stated that under section 237 of the income tax act 1961, if the amount of tax exceeds in a particular assessment. year, the assessee is entitled to refund of the excess amount of tax. in the instant case the petitioner has enclosed the order of income tax appellate tribunal passed in the case of dr. birsa oraon and, ..... and the same was deposited in the aforesaid bank account maintained with the state bank of india, booty more, ranchi. the petitioner was also assessed to tax with the income tax officer, ward no. 5, ranchi and there is not dispute in so far as his assessments are concerned. it is stated that the petitioner is father ..... the respondent-assessing authority and the same attained its finality. in the aforesaid premises, the respondents are bound to give effect to the order passed by the income tax appellate tribunal. when it has been found that the amount deposited in the aforesaid bank account was the retrial benefits of the petitioner then there is no .....

Joginder Paul, Vs. Commissioner of Income-tax and anr.

Court : Punjab and Haryana

Reported in : [2008]296ITR257(P& H)

..... raised against the petitioner after adjusting the amount of advance tax already paid by the petitioner. on receipt of the order ..... the assessment year 1979-80, on march 26,1981, declaring his taxable income at rs. 25,560. the return filed by the petitioner was processed under section 143(1) of the income-tax act, 1961 (for short, 'the act'), on february 30, 1982, at a total income of rs. 43,790 and accordingly, an additional demand of rs. 16,707 was ..... sharda, advocate, has been heard on behalf of the respondents.6. the relevant provisions of the act, as prevalent at the relevant time, are as under:143. assessment.--(1)(a) where a return has been made under section 139, the income-tax officer may, without requiring the presence of the assessee or the production by him of any .....

Jamnadas Morarjee and Co. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)104ITD257(Mum.)

..... was contended that refund had arisen as a result of appellate order and, therefore, was required to be issued to the assessee automatically in terms of section 240 of the income tax act, 1961 (act). according to the assessee, the payment of rs. 7.50 lacs was actually made against the demand of block assessment but by mistake assessment year 1997-98 was mentioned in ..... to be in excess, then the assessee is entitled to refund. this principle has been recognized by the legislature while enacting the income tax act, 1961 by enacting the provisions relating to refund and interest thereon in chapter-xix. section 237 of the act which is relevant for disposal of this appeal, provides as under: 237. if any person satisfies the assessing officer that the .....

Jamnadas Morarjee and Co. Vs. Dy. Cit, Central Circle-34

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)9SOT254(Mum.)

..... was contended that refund had arisen as a result of appellate order and, therefore, was required to be issued to the assessee automatically in terms of section 240 of the income tax act, 1961 ('act'). according to the assessee, the payment of rs. 7.50 lakhs was actually made against the demand of block assessment but by mistake assessment year 1997-98 was mentioned in ..... to be in excess, then the assessee is entitled to refund. this principle has been recognized by the legislature while enacting the income tax act, 1961 by enacting the provisions relating to refund and interest thereon in chapter xix section 237 of the act which is relevant, for disposal of this appeal, provides as under: '237. if any person satisfies the assessing officer that the .....

Sandvik Asia Ltd. Vs. Commissioner of Income Tax-i, Pune and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1223; 2006(4)BomCR886; 2006(1)CTC741; (2006)200CTR(SC)505; 2006(196)ELT257(SC); [2006]280ITR643(SC); JT2006(2)SC7; (2006)2MLJ25(SC); 2006(1)SCALE569; (2006)2SCC508

..... court erred in allowing them to urge such a contention in the impugned judgment?b. assuming for the sake of argument that there is no provision in the income-tax act, 1961 ('the act') for grant of such compensation, this court had upheld the view of the gujarat & madhya pradesh high courts that compensation should be granted (whether called interest ..... holding that the assessee is entitled to interest under section 244 on the amount of interest amounting to rs. 1,90,499 payable under section 214 of the income-tax act, 1961? arijit pasayat, c.j. speaking for the bench held as follows:- the provisions of this sections hall not apply in respect of any assessment for the ..... respondent no. 1 are set aside and the matter is remitted to him for considering the revision petitions filed by the appellant claiming interest under section 214 of the income tax act, 1961 in accordance with the principles laid down in modi industries ltd. case (supra). no order as to costs. sd/-(s.c.agarwal)sd/- (d.p.wadhwa .....

Rieter India (P) Ltd. Vs. Addl. Cit

Court : Delhi

Reported in : (2006)200CTR(Del)190

..... disposed of expeditiously. the authority concerned does not appear to have done so despite petitioner's repeated applications and reminders, including representations made to the chief cit and the cbdt. the disposals of the request for refunds made by the petitioner -company were according to mr. jolly delayed on account of restructuring ..... in january, 1996.as per the employment agreements entered into between the petitioner and the aforementioned expatriate employees, the petitioner appears to have deducted the tax payable under the indian laws from the salaries of the expatriates. the amount so deducted was then deposited by the petitioner-company with the it ..... petition for a writ of mandamus, the petitioner-company has prayed for a direction against the respondents for refund of the amount deposited by it towards tax deducted at source from the salaries of its expatriate employees. the controversy arises in the following circumstance :the petitioner-company is engaged in the business .....

Jaswant Singh Bambha Vs. Central Board of Direct Taxes and ors.

Court : Punjab and Haryana

Reported in : [2005]142TAXMAN528(Punj& Har)

..... question of law for consideration by a full bench :'whether the conditions prescribed in section 239 of the income tax act, 1961, are amenable to relaxation at the hands of the central board of direct taxes through instructions under section 119 of the act?'mr. p. c. jain, learned counsel for the assessee, contended as under :3. article ..... petition had filed a refund claim for the assessment year 1995-96 under section 237 of the income tax act, 1961 (hereinafter referred to as 'the act'). since the claim was made after the period of limitation prescribed in section 239 of the act, he moved an application for condonation of delay under section 119(2)(b) of the ..... and ensure a fair enforcement of its provisions, by issuing circulars in exercise of its statutory powers under section 119 of the income tax act which are binding on the authorities in the administration of the act. under section 119(2)(a), however, the circulars as contemplated therein cannot be adverse to the assessee. thus, the .....