Court : Allahabad
Reported in : (1982)29CTR(All)295; [1982]138ITR689(All); [1982]10TAXMAN209(All)
..... in view of the fact that the company is precluded in terms of section 242 of the income-tax act, 1961, from seeking a review of the computation of the total income which has become final by making an application under section 237 of the income-tax act, 1961.'5. the petitioner-company filed an appeal against that order before the aac. the aac dismissed ..... the assessee's claim for refund was hit by section 242 and, therefore, the same was properly rejected '7. this question forms the subject-matter of consideration in income-tax reference no. 580 of 1974. 8. to resume the narrative of the case the commissioner by his order dated 28th november, 1969, dismissed the petitioner's revision ..... ,50011,500 4,92,3001,23,05011,5003. in its return for the assessment year 1965-66, the petitioner disclosed its dividend income from the three subsidiary companies at rs. 2,63,300 and the income-tax deducted at source at rs. 65,576. that return was accepted and an assessment order was made on february 10, 1966. .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD372; [1999]237ITR392(AP)
..... , j. 1. this itc is filed under section 256(2) of the income tax act, 1961 against the decision of the income tax appellate tribunal, hyderabad 'b' bench in ra no.3817hyd/94 dated 23-1-1995, by the commissioner of income tax, andhra pradesh-i, hyderabad, seeking a direction from this court to the income tax appellate tribunal (for short 'the tribunal') to state the case and refer the ..... would be appropriate to refer to the provisions contemplated under section 143 of the income tax act, 1961.9. section 143(1)(a) of the act provides for completing assessment which is a provisional 'assessment by the assessing authority even with minor modifications in the returned income.10. section 143(2) of the act further provides as under:'where a return has been made under section 139 .....
Tag this Judgment!Court : Chennai
Reported in : (2002)176CTR(Mad)61
..... the question arose during the assessment years in question whether those annual service charges received by the assessee were taxable under the provisions of the income tax act, 1961 (hereinafter referred to as 'the act'). it was the contention of the assessee that no part of the technical fees received by the assessee accrued or arose in india and hence ..... tribunal was right in law in holding that the applicant was not entitled to interest, in respect of its assessments to income-tax for 1958-59 to 1972-73, under the provisions of section 244 of the income tax act, 1961, from a date following the expiry of three months from the order dated 31-10-1975, passed by the tribunal ..... has further requested that we should pass orders that the assessee would be entitled to interest under the provisions of section 240 read with section 244 of the income tax act, as the assessments were not received (sic-revised) within a period of three months from the date of the tribunal's order. the question of our .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1998)67ITD219Cal
..... sections 246(1)(a) and 246(1)(k) is correct. it is seen that the assessee has denied its liability to be assessed under this act and, therefore, the intimation under section 139(9) of the income tax act, 1961 is an order against the assessee and is appealable under section 246(1)(a). since the assessee has filed the return along with form no ..... in india." in this computation of total income for the asst. yr. 1995-96 nil income has been shown from all the sources and heads of income.9. besides, the assessee-company also filed form no. 30 (claim for refund of tax) following r. 41(2) of the it rules r/w s. 237 of the it act, 1961 as the primary document enclosing therewith the return ..... and requested the ao for refund of rs. 7,87,72,407 plus interest under s.244a of the act.10. we .....
Tag this Judgment!Court : Kerala
Reported in : [1998]232ITR624(Ker)
..... idle to talk of any amount of refund becoming due to the assessee in respect of that assessment year, particularly, in the light of section 237 of the income-tax act, 1961.'7. no doubt, under section 264 the commissioner is not (sic) empowered to pass an order 'not being an order prejudicial to the assessee'. by the ..... p.a. mohammed, j.1. the petitioner is an 'assessee' under the income-tax 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 commissioner of income-tax under section 264 of the act.2. the facts involved in this case are briefly summarised thus ; for the ..... thereafter filed a revision petition against the said order before the commissioner of income-tax under section 264 of the act. it was dismissed by exhibit p-9 order which is challenged in this writ petition. '3. section 264 authorises the commissioner of income-tax either of his own motion or on an application by the assessee for .....
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