Judgment Search Results Home > Cases Phrase: income tax act 1961 section 240 refund on appeal etc Page 1 of about 12,655 results (0.329 seconds)

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 .....

Raja Ram Kumar Bhargava (Decd., by His Legal Representatives) Vs. Unio ...

Court : Delhi

Reported in : [1973]92ITR312(Delhi)

..... said this :'the matter has been carefully examined. however, in view of the provisions of sections 240 and 244(1) read with section 297(2)(i) of the income-tax act, 1961, it is not possible to agree to your request for the grant of interest on the amount of refund for the period from march, 1957, to december, 1966, ..... and 7:7. first of all it has to be determined whether the indian income-tax act of 1922 (referred to hereinafter as the old act) or the income-tax act, 1961 (referred to hereinafter as the present act), applied to the facts of this case.8. under the old act it was provided in section 66 that a reference may be made to the ..... plaintiffs entitled to have any interest on the sum refunded to them on account of income-tax and/or excess profits tax ? (6) whether the claim of the plaintiffs in the suit is governed by the provisions of the income-tax act, 1961, or under the provisions of the indian income-tax act, 1922 ? (7) whether the plaintiffs are entitled to recover any amount from .....

Smt. Shantibai (Legal Heir of Late Badri Prasad Gour) Vs. Commissioner ...

Court : Madhya Pradesh

Reported in : (1984)41CTR(MP)133; [1984]148ITR49(MP)

..... favour of the assessee and against the revenue as under :'in the facts and circumstances of the case, the appeal filed by the applicant before the appellate assistant commissioner of income-tax was maintainable under section 246 of the income-tax act, 1961.'16. parties will bear their own costs. ..... . this judgment shall also dispose of misc. civil case no. 2 of 1981 (smt. mainabai v. commissioner of income-tax).2. in both these references made to this court as a consequence of the direction given under section 256(2) of the i.t. act, 1961, the question of law referred for decision of this court is the same, which is as under i ..... the above construction made by us of the aforesaid relevant provisions of the i.t. 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 .....

C. Rajendran and anr. Vs. Income-tax Officer

Court : Chennai

Reported in : (2002)173CTR(Mad)171; [2002]253ITR139(Mad)

..... the company was in tax arrears for the aforementioned two assessment years in the sum of rs. 27,347 and rs. 3,25,976, respectively. in ..... assessment year 1974-75 was rs. 18,855 while the tax liability for the assessment year 1978-79 came to rs. 3,58,174. a notice came to be served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income-tax act, 1961. by that notice, it was informed to the company that ..... better to remand the matter to the concerned authority who would consider all the aspects and then come to the conclusion regarding the proceeding under section 179(1) of the income-tax act and the resultant action thereof. however, the concerned authority shall be guided by the observations made by us in this order. 13. with this, we partly allow the .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... the company was in tax arrears for the aforementioned two assessment years in the sum of rs. 27,347 and rs. 3,25,976, respectively. in ..... assessment year 1974-75 was rs. 18,855 while the tax liability for the assessment year 1978-79 came to rs. 3,58,174. a notice came to be served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income tax act, 1961. by that notice, it was informed to the company that ..... better to remand the matter to the concerned authority who would consider all the aspects and then come to the conclusion regarding the proceeding under section 179(1) of the income tax act and the resultant action thereof. however, the concerned authority shall be guided by the observations made by us in this order.with this, we partly allow the appeal, .....

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Reported in : (1999)65TTJ(Del)1

..... -11-1998, in cw no. 4024/98 observing as under :'the grievance raised in this petition is very limited. penalty proceedings under section 271c of the income tax act, 1961 were initiated and finalised by the deputy commissioner, range 23, new delhi, against the petitioner resulting into a penalty of rs. 6,99,82,700 being ..... against the common order of the commissioner (appeals) for the financial years 1989-90 to 1994-95 confirming the penalties levied under section 271c of the income tax act, 1961. since the facts are common, these appeals have been heard together and are decided by this consolidated order.2. the assessees involved have raised the common ..... may, 1995 : the project office gave information among others as under :'2. mitsui is filing tds returns as required by the income tax act, 1961. the returns are being filed under the jurisdiction of the income tax officer, tds 22(5), new delhi.3. the employees have been provided with some or all of the following payments, allowances and .....

Union of India (Uoi) and ors. Vs. Seth R. Dalmia

Court : Supreme Court of India

Reported in : AIR1975SC1017; (1975)4SCC16; [1975]3SCR735; 1975(7)LC275(SC)

..... the chairman under office order dated january 1, 1964 which included matters relating to the reopening of assessments under section 34 of the income-tax act, 1922 or under section 147 of the income-tax act, 1961, but the paragraph adds that 'later with the approval of the central government this item of work was assigned to the member ..... writ petitions filed by the respondent before us challenging the validity of six notices dated september 7, 1965 issued under section 148 of the income-tax act, 1961 (hereinafter referred to as the act). the notices relate to the assessment years 1949-50, 1950-51 and 1951-52, the corresponding accounting years ending on the 30th september ..... work of according sanction of the board under section 151(1) for reopening of assessments under section 147 of the income-tax act, 1961 to which he consented.4. rule 4 of the central board of direct taxes (regulation of transaction of business) rules, 1964 envisaged that chairman may by an order made with the previous .....

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... ; that by virtue of the impugned notification, the central board of direct taxes has purported to supplement section 17(2) of the income-tax act by incorporating amendments in the existing income-tax rules. secondly ..... direct taxes. the petitioners have challenged the notification on four grounds. firstly, on the ground that the impugned notification is issued in purported exercise of power conferred on the central board of direct taxes by section 295 of the income-tax act, 1961, read with section 17(2) and section 192(2c) of the income-tax act ..... c). it was further pointed out that by the taxation laws (amendment) act, 1984, section 17(2) and section 40a of the income-tax act were amended. that by the taxation laws (amendment) act, 1984, parliament amended the income-tax act and taxed interest free loan/concessional loan to employees for the purposes of building a .....

Interbulk Trading SA, Switzerland Vs. Adam and Coal Resources Private ...

Court : Chennai

..... determined on a document-only basis , expert evidence was led by both sides, with regard to the obligation, if any, of adam coal to deduct withholding tax under the provisions of the indian income tax act, 1961 (in short the income tax act ). in this context, the testimony of experts was also placed before the learned arbitrator, with regard to the relevant provisions of the dtaa. 15.5 ..... . at this point, i may also deal with the argument, which was advanced on behalf of the respondent, which is that, provision of section 195 of the income tax act, 1961 (in short 1961 act) necessarily obligated deduction of withholding tax, by the payer, without fail, every time a payment was made to a non-resident. in my view, this submission of the respondent is completely misconceived .....

Sait Nagjee Purushotham and Co. Vs. Commissioner of Income-tax, Madras

Court : Supreme Court of India

Reported in : AIR1967SC617; [1964]51ITR849(SC); [1964]6SCR91

..... allowed and the question answered in favour of the assessee firm but only in respect of the business in piece-goods, yarn and banking which alone had paid tax under the income-tax act of 1918. i would therefore allow the appeals with costs here and in -the high court. order by court in accordance with the opinion of the majority ..... (4) of s. 25. the second condition of the applicability of s. 25(4) is that business must have been carried on at the commencement of the indian income-tax act (amendment) act, 1939, that is, april 1, 1939, by the person claiming the relief. the third condition is that the person carrying on the business on april 1, 1939 has ..... april 1, 1939. the contention of the department has so far succeeded and i need not give the details of the decisions of the various tribunals under the indian income- tax act and the high court, because my learned brother's judgment gives all such details. i shall therefore address myself to the questions (a) whether there was a succession .....