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Commissioner of Income-tax, Andhra Pradesh, Hyderabad Vs. Trustees of ...

Court : Andhra Pradesh

Reported in : [1985]151ITR562(AP)

..... : '(1) whether the return filed by the assessee on april 2, 1964, along with the refund application was one filed under section 139(1) of the income-tax act (2) even if it is assumed that the return filed by the assessee along with the refund application commences assessment proceedings, whether the proceedings should be treated to ..... formulating the question : whether, on the facts and in the circumstances of the case, the order of reassessment made by the income-tax officer for the assessment year 1962-63 under s. 147 of the income-tax act is valid in law 10. regarding the return, the vice-president took the view that a return required to be filed ..... filed an application for refund under s. 237 of the act on april 2, 1964, for the assessment year 1962-63 claiming refund. accompanying the refund application, a return disclosing nil income for that year was filed. the assessee was not previously assessed to income-tax and, hence, nil income was stated in the return. 13. the learned standing .....

O.C.M. Ltd. Vs. Commissioner of Income-tax and anr.

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. .....

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 .....

Reliance Jute and Industries Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1981]127ITR842(Cal)

..... section 297. but there it is abundantly clear that only the machinery of assessment of escaped income was being contemplated. in the case of reopening either under section 34 of the indian i.t. act, 1922, or the i.t. act, 1961, it was never suggested that the substantive law would be anything different than the law prevalent ..... for the relevant assessment year. in this case to hold that section 214(1a) was merely made for excess income-tax paid for the purpose of recovery and ..... collection would make this fiction redundant in view of the provisions of section 229 of the act .....

Life Insurance Corporation of India, Bombay Vs. Commissioner of Income ...

Court : Mumbai

Reported in : [1978]115ITR45(Bom)

..... .----------------------------------------------------------------------rs.1. (a) 1,72,009 interest on post office and nationaltreasury savings certificates notincludible in total income under section10(15)(ii) of the income-tax act, 1961.(b) 41,019 agricultural income not includible intotal income under section 10(1) of theincome-tax act, 1961.2. 1,44,751 rebate of income-tax on the interestreceived by the assessee during therelevant inter-valuation period on mysoregovernment securities in view ofnotification no ..... life insurance business under section 44 read with rules in the first schedule to the income-tax act, 1961, was the assessee entitled, under notification no. 878(f) issued under section 60(1) of the indian income-tax act, 1922, read with section 297(2)(1) of the income-tax act, 1961, to a rebate of income-tax on the interest of rs. 1,44,751 received by it during the relevant inter .....

Shri.madhav Arvind Gogte S/o Arvind Gogte Vs. The Income Tax Departmen ...

Court : Karnataka Dharwad

..... per section 2(16) of the income tax act, 1961 commissioner means a person appointed to be principal director of income tax. there is no explicit definition of 'commissioner' in the act, but as per the section 2(15) of the act definition of 'commissioner' can be referred as provided in income tax act, 1961. definition of the 'commissioner' provided in section 2(16) of income tax act, 1961 is applicable in the present context as ..... . it is to be noted that hon. madras high court in its judgment in krishnaswamyvijaykumar (2017) case has ruled that principal director of income tax has sufficient jurisdiction to proceed with the prosecution proceedings u/s 279 of the income tax act, 1961.10) even though the accused was one of the beneficial owners of a bank account located outside india in ubs, singapore, he has .....

Sri T Bharathgowda Vs. State Of Karnataka

Court : Karnataka

..... department under the central excise act. the apex court holds the provisions of the sarfaesi act, 2002 will have overriding effect on the provisions of the central excise act. if the central excise act found in the judgment of the apex court is paraphrased with that of the income-tax department/dues under the income- tax act, the reasons so rendered by ..... the apex court would become applicable to the facts of the case at hand as well. the sub- registrar, though not in writing, orally refused to register the document on the score that dues of the income-tax department are pending against ..... denial of registration by respondent no.2 sub-registrar is that the dues of the income-tax department pending against the borrowers. in the considered view of this court, in the light of section 35 quoted supra of the sarfaesi act, 2002 the said reason though not in writing could not have been projected by the .....

Shaji Poulose Vs. The Institute Of Chartered Accountants Of India

Court : Supreme Court of India

..... representation, ventilation or any grievance from any member of the appellant association in respect of the existing guidelines which deals with section 44 a(b) of the income tax act, 1961. mr. poddar further submitted that in case, the appellant receives any representation against such existing guidelines, the highest body of the appellant will consider it and ..... nature of certiorari or any other appropriate writ, order or direction and quash and set aside chapter vi of ext p2, which deals with tax audit assignments under section 44ab of the income tax act 1961. (c) to call for records leading to exhibit p3, exhibit p7 and exhibit p9 and issue a writ in the nature of ..... the guidelines dated 08.08.2008, he shall be deemed to be guilty of professional misconduct under the 1949 act. clause 6 is extracted as under: chapter vi tax audit assignments under section 44ab of the income-tax act, 1961 6.0 a member of the institute in practice shall not accept, in a financial year, more than the .....

Priti Agarwalla Vs. The State Of Gnct Of Delhi

Court : Supreme Court of India

..... . ltd. [cit v. bipinchandra maganlal & co. ltd., air1961sc1040: (1961) 2 scr493: (1961) 41 itr290 , the court in hiralal rattanlal [hiralal rattanlal v. state of u.p ..... . bipinchandra maganlal & co. ltd. [cit v. bipinchandra maganlal & co. ltd., air1961sc1040: (1961) 2 scr493: (1961) 41 itr290 this court held that by the fiction in section 10(2)(vii) second proviso read with section 2(6-c) of the indian income tax act, 1922 what is really not income is, for the purpose of computation of assessable income, made taxable income. besides the decision in cit v. bipinchandra maganlal & co .....

National Investigation Agency New Delhi Vs. Owais Amin @ Cherry

Court : Supreme Court of India

..... territory of jammu and kashmir; and union territory of ladakh s. name of the act act/ordinance no.no.1. the jammu and kashmir accountability commission act, 2002. xxxviii of 2002 2. the jammu and kashmir advocates welfare fund act, 1997. xxvi of 1997 3. the jammu and kashmir agricultural income tax act, 1962. xxi of 1962 4. the jammu and kashmir state agricultural produce marketing xxxvi ..... of 1997 regulation act, 1997.5. the jammu and kashmir anand marriage act, 1954. ix of 2011 6. the .....