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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, .....

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 .....

R.V.S. and Sons Vs. Commissioner of Income-tax Another

Court : Chennai

Reported in : [1999]239ITR192(Mad)

..... 1&2) 1986-87 cent. i dated march 20, 1987, for the assessment year 1982-83 under the income-tax act, 1961, direct the first respondent to grant interest under section 214 of the income-tax act and waive the interest under section 139(8) of the income-tax act, 1961. 3. in writ petition no. 7086 of 1988, the petitioner has prayed for issue of a writ of ..... 2) /86/87 cent. i dated march 20, 1987, and for the assessment year 1983-84 under the income-tax act, 1961, direct the first respondent to grant interest under section 214 of the income-tax act and waive the interest under section 139(8) of the income-tax act, 1961. 4. except for the fact that w.p. no. 7031 of 1988 relates to the assessment year 1982- ..... 6,204 in each case and levied a sum of rs. 5,886 and rs. 5,626 by way of interest under section 139(8) of the income-tax act, 1961, treating the payment of advance tax as ad hoc payment since the assessee had filed estimates in the form of a statement in form no. 28-a instead of in form no. 29 .....

Mahendrakumar Ishwarlal and Co. and ors. Vs. Union of India (Uoi) and ...

Court : Chennai

Reported in : [1973]91ITR101(Mad)

..... that the only point urged before me by the counsel appearing in this batch of writ petitions is that section 139(1), proviso (iii)(a) and (b), of the income-tax act, 1961, is ultra vires because the same is discriminatory in character and, therefore, violative of article 14 of the constitution of india. it is not in dispute that in these ..... of the proviso.22. in the result the petitioners cannot succeed on the ground that the provisions of section 139(1), proviso (iii) (a) and (b) of the income-tax act, 1961, are ultra vires ; but they would be entitled, on a reasonable interpretation of the text of the clause, to the credit for advance ..... b). in the light of these provisions, the contentions of the parties have to be considered.4. when the income-tax act, 1961, was passed, the proviso to section 139(1) was introduced. this was based upon the report of the direct taxes administration enquiry committee. while dealing with the power of the assessing authority to grant extension of time to file .....

P.V. Thyagaraj and anr. Vs. Tax Recovery Officer and anr.

Court : Chennai

Reported in : [1987]165ITR412(Mad)

..... be proceeded against. another contention put forward by the petitioners is that the recovery proceedings themselves are time-barrier under section 231 of the income-tax act, 1961. 2. the first respondent, the tax recovery officer, has filed a counter-affidavit to the effect that the gift deed having come into existence after the proclamation has been issued regarding ..... been assessed in the years 1947-48 to 1950-51 and 1963-64 and 1964-65. in view of the non-payment of the tax, certificates under section 46(2) of the indian income-tax act, 1922, were issued as early as march 26, 1958, and may 19, 1959. based on the said certificates, recovery proceedings had ..... have got an alternative remedy provided by the status. we are, therefore, of the view that the petitioners should go before the tax recovery officer under rule 11 of schedule ii of the income-tax act to challenge the impugned order said to have been passed by the first respondent. therefore, without going into the merits of the rival .....

Corborandum Univeral Ltd. Vs. Union of India (Uoi), by the Secretary, ...

Court : Chennai

Reported in : (1966)2MLJ129

..... central government is satisfied that the petitioners are engaged in the manufacture of one or more of the articles specified in part a of the fifth schedule to the income-tax act, 1961. the petitioners are a public limited company incorporated in 1954 and are said to be engaged during the relevant time in the manufacture of grinding wheels and abrasives, ..... , but to the central board of revenue as it figured then. section 99(1)(iv) of the income-tax act, 1961, reads;(1) super-tax shall not be payable by an assessee in respect of the following amounts which are included in his total income...(iv) if the assessee is a company, any dividend received by it, from an indian company, subject ..... revenue had considered the matter, but it regretted that the request regarding exemption contemplated under the fifth schedule read with section 99(i)(iv) of the income-tax act, 1961 could not be acceded to. there was a further communication on 14th may, 1964 from the secretary to the central board of direct .....

Chennai Port Trust Vs. the Income Tax Officer

Court : Chennai

..... joint venture would constitute association of persons (aop) within the meaning of section 2(31)(v) so as to become liable for tax under the income tax act, 1961 or each party of the joint venture is liable to tax on its own profits. by order dated 14.09.2000, the advance ruling authority held that the status of the joint venture ..... -99, 1999-2000 and 2000-2001. thus, the assessee was treated as one in default and hence, interest was levied under section 201(1)(a) of the income tax act.6. the assessee objected to these proceedings, contending that going by the terms of the joint venture agreement between the companies and the award of contract under the agreement ..... approach the concerned authority for a ruling as to whether there should have been a tds at all either under section 194c or under section 195 of the income tax act. it was submitted that going by the understanding of the terms of the joint venture agreement between the companies and the contract awarded to the joint venture, the .....

Sundaram Industries Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : (1986)53CTR(Mad)51; [1986]159ITR646(Mad)

..... on the facts and in the circumstances of the case, the sum of rs. 52,765, provision for surtax, was a proper deduction in computing the total income under the income-tax act, 1961, for the year under appeal ?' 34. in view of our decision rendered just now in t.c. no. 636 of 1978 in which we have also ..... definition of 'chargeable profits' and the charging provision, the subject-matter of the charge on which surtax is levied is clearly the total income of an assessee computed under the income-tax act, 1961. that income has to be adjusted in accordance with the provisions of the first schedule. in the first schedule, a procedure is laid down for ..... levied is specified in the third schedule. chargeable profits are defined in section 2(5) as follows : ''chargeable profits' means the total income of an assessee computed under the income-tax act, 1961 (xliii of 1961), for any previous year or years, as the case may be, and adjusted in accordance with the provisions of the first schedule;' 19 .....

Rajam Pictures Circuit and ors. Vs. Commissioner of Income-tax and ors ...

Court : Chennai

Reported in : (1999)156CTR(Mad)392; [2000]241ITR735(Mad)

..... balasubramanian, j. 1. the question involved in the batch of writ petitions is whether the demand of interest under section 220(2) of the income-tax act, 1961 (hereinafter referred to as 'the income-tax act'), in the certificate of intimation issued under section 90(1) of the kar vivad samadhan scheme, 1998 (hereinafter to be referred to as ' ..... of interest under sections 139(8) and 217 in other demands made under other provisions of the income-tax act, 1961, and the petitioners are challenging only the demand of interest under section 220(2) of the income-tax act in the certificate of intimation on the ground that under the samadhan scheme, the respondent has no ..... the benefit of the samadhan scheme and once he claims the benefit under the samadhan scheme the scheme will operate notwithstanding the provisions contained in the income-tax act. therefore, the contention that the petitioner has lost the right of waiver of interest is not a material consideration. if the petitioners with open .....