Judgment Search Results Home > Cases Phrase: income tax act 1961 section 240 refund on appeal etc Court: delhi Page 1 of about 980 results (0.276 seconds)

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 .....

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 .....

Bharat Commerce and Industries Ltd. Vs. the Commissioner of Income-tax

Court : Delhi

Reported in : (1985)45CTR(Del)1; [1985]153ITR275(Delhi)

..... other sources for the purposes of its business and the interest paid on this borrowed amount would have been deductible under section 36(l)(iii) of the income-tax act. counsel further contended that the intention of the legislature was amply made clear by the subsequent insertion of section 80v which permitted deduction of interest on money ..... rs. 1.15,809.the assessed claimed deduction of this interest amount ofrs. 1,15,809'- under section 37 of the income-tax act. 1961in computing the business profits. the appellate assistant commissioner of income-tax held that the interest was not paid in respect of the capital borrowed for the purposes of the asscssecsbusiness. the assessed went ..... the purposes of its business the interest paid under section 139 and section 215 should be allowed as deduction under section 37 of the income-tax act. counsel submitted that the unpaid amount of tax was rs. 34.37.819/ and the said amount was used by the assessed for the purposes of its business. it was .....

Earthtech Enterprises Ltd. Vs. Kuljit Singh Butalia

Court : Delhi

..... evidence to prove that the mortgage is a sham document was admissible. in krishnabai (supra), nomenclature of a document was in issue. in this case, income tax act mandated deduction of tax, its deposit with central government and the said fact to be reduced in the form of a document, that is, tds certificate, thus, sections 91 ..... of landlord-tenant relationship between the parties. part b of chapter xvii of the income tax act, 1968 provides for deduction of tax at source by the payer in respect of certain specified payments. section 194-i of the income tax act, deals with deduction of tax at source in respect of rent paid by the tenant to landlord. it ..... land appurtenant to a building. section 200 of the income tax act further envisages that the amount of tax so deducted shall be deposited with the central government against permanent account number of the payee. section 203 of the income tax act casts a duty on the person to deduct tax at source and deposit the same with the central .....

Firstcorp International Limited Vs. Kuljit Singh Bhutalia

Court : Delhi

..... that evidence to prove that the mortgage is a sham document was admissible. in krishnabai (supra), nomenclature of a document was in issue. in this case, income tax act mandated deduction of tax, its deposit with central government and the said fact to be reduced in the form of a document, that is, tds certificate, thus, sections 91 ..... existence of landlord-tenant relationship between the parties. part b of chapter xvii of the income tax act, 1968 provides for deduction of tax at source by the payer in respect of certain specified payments. section 194-i of the income tax act, deals with deduction of tax at source in respect of rent paid by the tenant to landlord. it mandates ..... document. thus, the tds certificates which are required to be reduced in writing in the form of a document under the income tax act would fall within the ambit and scope of section 92 of the act and no evidence contrary to the contents of such document would be admissible. that apart, plea taken by the appellant that .....

Shiva Kant Jha Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : [2009]185TAXMAN424(Delhi)

..... was a reproduction of section 49a of the 1922 act. the finance act, 1972 (act 16 of 1972) modified section 90 and brought it into force with effect from 1-4-1972. the object and ..... the granting of relief in respect of income on which, both income tax (including supertax) under the act and income tax in that country, under the income tax act and the corresponding law in force in that country, had been paid. the central government could make such provisions as necessary for implementing the agreement by notification in the official gazette. when the income tax act, 1961 was introduced, section 90 contained therein initially .....

Commissioner of Income Tax (Tds) Vs. Ikea Trading Hong Kong Ltd.

Court : Delhi

Reported in : (2009)222CTR(Del)215; 157(2009)DLT665; [2009]179TAXMAN309(Delhi)

..... a genuine belief that as the payments were made outside india by a company incorporated outside india and located outside india, the provisions of the income tax act, 1961 relating to deduction of tax at source on payment of such salaries were not applicable. however, we need not go into the question of merits inasmuch as we are ..... 2. the assessee/respondent is a company incorporated in japan and has a liaison office in india. a survey operation under section 133a of the income tax act, 1961 (hereinafter referred to as 'the said act') was carried out in the assessee's premises at 8, balaji estate, guru ravidas marg, kalkaji, new delhi, on 4.12.1998. ..... our consideration is as follows:whether, in the facts and circumstances of the present appeals, the income-tax appellate tribunal was correct in law in deleting the penalty imposed by the assessing officer under section 271c of the income tax act, 1961, on the ground that the penalty order dated 16.03.2000 was passed beyond the time prescribed .....

Sriniwas Pandit Vs. S. Jagjeet Singh Sawhney and anr.

Court : Delhi

Reported in : [1976]104ITR20(Delhi)

..... rule 46 of the code to attach any balance which may be payable to the two judgment-debtors aforementioned under the provision of rule 8 of schedule ii of the income-tax act, 1961. thus, the application of the union of india stands accepted and the application of the decree-holder in e.a. no. 791 of 1975, for attachment of the ..... it has been urged by the learned counsel for the decree-holder that the provisions of rule 16 and in fact almost all the provisions of schedule ii of the income-tax act, 1961, are ultra virus of the constitution and particularly articles 19(1)(f) and (g) of the constitution. as this is not a point which has been raised in ..... the decree-holder's claim to execute his decree when further execution of the decree is to be stayed. the provisions of schedule ii of the income-tax act, 1961, indicate the manner in which a tax recovery officer has to proceed to make recoveries, and also indicate the procedure which is to be followed by him in disbursing the realisations made .....

Rbf Rig Corpn. Lic (Rbfrc) as Agent Vs. Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)297ITR228(Delhi)

..... an employee of ballarpur, the amount could not be brought under the head "salary " within the purview of section 17 of the income-tax act, 1961, and had necessarily to be placed under section 56(1), viz., under the head "income from other sources" (see p.487c).this case in our considered view has no application to the facts of the case.50. ..... explaining provisions in the finance bill, 2002: 64.1 under the existing provisions of section 192 of the income-tax act, 1961, an employer is required to deduct tax at source on income under the head 'salaries', inclusive of the value of perquisites. in case, such tax is paid by an employer on behalf of an employee, the same being in the nature of an ..... by the employer shall not be treated as an allowable expenditure in the hands of the employer under section 40 of the income-tax act, 1961. 64.5 the amendments will take effect from ist april, 2003 and will, accordingly, apply in relation to the assessment year 2003-04 and subsequent years. 64.6 .....

Triveni Engineering Works Ltd. Vs. Union of India

Court : Delhi

Reported in : ILR1974Delhi282

..... either on its own estimate or on the basis of demand made to it in pursuance of the provisions of section 210 of the income-tax act, 1961. provision for tax whether advance tax or income-tax cannot be regarded as an asset of the company, particularly in view of the fact that penalties may be incurred for default of ..... by coercive method under the scheme of part c of chapter xvii of the income-tax act, 1961. dit that is to be given for advance tax paid on regular assessment, as contemplated by section 219 of the income-tax act, is in recognition of tax already having been paid towards the liability determined on regular assessment. this is because ..... deal with the contentions of the parties it is necessary that some of the relevant provisions of the monopolies act, the companies act, 1956 and the income-tax act, 1961 are noticed.(14) the relevant provisions for our purposes of the monopolies act may first be read. clause(g) of section 2 reads as under : 'inter-connectedundertakings' means .....