Court : Chennai
Reported in : [1977]110ITR443(Mad)
..... property, 3, gun foundry road, was not in the occupation of a tenant within the meaning of those words in the proviso to section 23 of the income-tax act, 1961. we have already discussed the finding on record that the property was not let at the relevant time. that finding binds us. besides, the facts show, ..... on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that municipal tax should be deducted under section 23(1) of the income-tax act, 1961, from the income from owner-occupied property for the assessment years 1968-69 and 1969-70?'2. for the purpose of answering the question ..... assessee was entitled to the deduction of the municipal tax from the annual value for the computation of the income from the property. it is, thereafter, at the instance of the department, the income-tax appellate tribunal under section 256(1) of the income-tax act, 1961, hereinafter referred to as the act, has referred the following question for the opinion of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad249; [1969]73ITR360(Mad)
..... for purposes of assessment under the income tax, wealth tax and expenditure tax acts."2. the tribunal passed a consolidated order in the appeals against the assessments respectively made under the income-tax act and wealth tax act for the assessment years 1960-61 and 1961-62 and against the assessment under the expenditure tax act for 1961-62. in all the appeals ..... holding that there was no hindu undivided family of sridharan and his eon whereby the assessee could claim to be assessed and taxed as such either under the income-tax act, wealth tax act or the expenditure tax act we therefore, answer the question in the affirmative and in favour of the assesses with costs. counsel's fee rs. ..... legislation. it has to be stated at the outset that certain doctrines of hindu law though seemingly inconsistent with the spirit and scheme of the income tax act, yet a possible reconciliation can be made when a seeming or apparent conflict arises and find whether the intention of the legislature when it .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad110
..... nine shares and another sum of rs. 72,515 in respect of 1674 shares. these two amounts were brought to tax for the assessment year, treating them as income and liable to tax under s. 10(5-a) of the income-tax act 1922. both the income-tax officer as well as the appellate assistant commissioner repelled the assessee's contention that the receipt of two amounts was ..... :'whether on the facts and in the circumstances of the case, the two sums of rs. 72,515 and rs. 3,14,100 are assessable to tax under s. 10(5-a) of the indian income-tax act 1922?'we are concerned with the assessment year 1956-57. the assessee was one of the two managing directors of a private limited company by name ..... it is that definition which will govern the scope of the expression 'manager' in clause (b) of sub-sec. (5-a) of s. 10 of the income-tax act, 1922. one of the requisites of a person being a manager is that he should be entitled to manage the whole affairs by himself.(4) clause (c) will obviously be .....
Tag this Judgment!Court : Chennai
Reported in : [1999]97CompCas388(Mad)
..... depreciation thereon and personal accident insurance premium payments, etc., cannot be treated as perquisites for the purposes of disallowance under section 40(c)/40a(5) of the income-tax act, 1961, and hence the disallowance made on the basis of these expenses as forming part of the perquisites should be deleted ? (2) whether, on the facts and ..... is 1977-78, and the relevant previous year ended on march 31, 1977. the income-tax officer while determining the income of the assessee, disallowed a sum of rs. 3,51,871, under sections 40(c) and 40a(5) of the income-tax act, 1961, as expenses incurred by the assessee on perquisites made available to the directors and ..... following two questions of law for our consideration under section 256(2) of the income-tax act, 1961 :'(1) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the expenses like rates and taxes paid in respect of the buildings and vehicles owned by the company, salary paid .....
Tag this Judgment!Court : Chennai
Reported in : [1998]231ITR929(Mad)
..... opinion of this court under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the payment of tax not in excess of 1/3rd of the tax demanded under section 210 should be considered to be an advance tax payment made under section 212(3a) and interest under ..... section 212(3a) or under section 210. in this view, it held that the assessee would be entitled to interest under section 210 on the refund of excess tax. the tribunal further observed that there was no provision in the income-tax act for making a deposit of any amount and the payment can be construed as the payment of third instalment of advance .....
Tag this Judgment!Court : Chennai
Reported in : (1999)148CTR(Mad)567; [1999]238ITR328(Mad)
..... navanagar transport and industries ltd. : [1967]63itr663(sc) and the supreme court was there concerned with section 23a of the indian income-tax act, 1922, which more or less corresponds to section 104 of the income-tax act, 1961. the court held that the order made under section 23a is not an order of assessment and that the liability for payment of ..... whether on account of the failure of the amalgamating company to distribute the statutorily prescribed portion of the undistributed profits an order under section 104 of the income-tax act, 1961, cannot be made against the amalgamated company is the question that has been referred to us at the instance of the revenue. it is not in ..... dispute that the charge for the additional tax is created by section 104 of the income-tax act, 1961, as there is no other provision in the act which creates a charge for tax on such undistributed profits. it is also not in dispute that the order was made within .....
Tag this Judgment!Court : Chennai
Reported in : [1999]240ITR562(Mad)
..... officer, the third respondent herein was also perfectly valid and justified by virtue of the powers vested in him under the second schedule to the income-tax act, 1961. 17. as rightly pointed out by the learned single judge, the promissory notes were seized during the survey, the seizure of the promissory ..... m. and wanted to conduct a survey under section 133a of the income-tax act, 1961, which provides the procedure for survey. the said section provides that the income-tax authorities shall conduct the survey only during business hours and sub-section (4) provides that an income-tax authority acting under the section, shall on no account, remove or cause to be ..... and account books including 76 pronotes and seized them under rule 30 of the second schedule to the income-tax act, 1961, after invoking the provisions of section 131 read with sub-section (6) of section 133a of the act, as the appellant herein was giving evasive replies about the source for the said promissory notes. according .....
Tag this Judgment!Court : Chennai
Reported in : [2006]287ITR561(Mad)
..... has issued rule 2 notice (february 27, 1987) for recovery of rs. 3,83,90,359 as the income-tax arrears for the assessment year 1984-85. rule 2 of schedule ii to the income-tax act, 1961, deals with issuance of notice requiring the defaulter to pay the amount specified in the certificate. rule 2 of schedule ii reads ..... [undersigned],...for the recovery of the sum of rs. from... [defaulter]...; and whereas the said tax recovery officer has sent to the undersigned on the... day of...19.... a certified copy of the certificate under section 223(2) of the income-tax act, 1961, specifying that an amount of rs. is to be recovered from the defaulter ; which sum ..... is recoverable together with interest in accordance with section 220(2) of the said act; and the costs, charges and expenses of the proceedings for the recovery thereof .....
Tag this Judgment!Court : Chennai
Reported in : [1992]194ITR503(Mad)
..... 034, he is being prosecuted for the alleged commission of offences punishable under sections 193, 196 and 420, indian penal code, 1860, and section 276c(2) and 277 of the income-tax act, 1961. 2. the case of the prosecution against the petitioner is that he is an engineering contractor who wanted to take civil engineering contracts from the public works department, tamil nadu ..... - (7), madras, from the assessment year 1971-72 onwards, he had filed an application for and income-tax clearance certificate before the income-tax officer, city circle vi - (5), madras. in the course of the search conducted under section 132 of the income-tax act on october 16, 1986, two tax clearance certificates in original and several other xerox copies relating to the assessment years 1974-75 to .....
Tag this Judgment!Court : Chennai
Reported in : [1974]93ITR127(Mad)
..... defaulter, the said t. m. abdul rahim, for the entire arrears under rule 2 of the second schedule to the income-tax act, 1961, on may 10, 1968. but, as the defaulter had died even on april 17, 1968, the said notice of demand was returned with the endorsement that the assessee was dead ..... .29. for recovering the said amount, recovery proceedings were initiated by the income-tax department. a certificate was issued by the income-tax officer to the tax recovery officer under section 222 of the income-tax act, 1961, on march 27, 1968, for the recovery of the said amount. in pursuance of the said certificate, the tax recovery officer initiated recovery proceedings. he issued a notice of demand to the .....
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