Judgment Search Results Home > Cases Phrase: income tax act 1961 section 240 refund on appeal etc Court: delhi Page 5 of about 980 results (0.109 seconds)

Bal Kishan Dass and Sons Vs. the Commissioner of Income-tax and ors.

Court : Delhi

Reported in : [1976]103ITR825(Delhi)

..... below, within brickets, is the instruction see rule 2 of the second schedule to the income tax act 1961'. the assessed was required to pay the amount of tax demanded within 15 days otherwise 'steps would be taken to realise the amount in accordance with the second schedule to the income tax act 1961'. (11) in november 1967 the present petitions were filed in this court. they seek to ..... 1922, but the notice itself purports to have been issued under the act of 1961. (8) the assessed then filed petitions for revision dated 23rd july 1966, under section 264 of the income tax act 1961, before the commissioner of income tax seeking to have the orders made by the income tax officer cancelled. in these petitions it. was admitted that the amounts alleged to have been paid as commission .....

Commissioner of Income-tax Vs. La-medicA.

Court : Delhi

Reported in : [1992]198ITR327(Delhi)

..... accepted the disclosure and, on march 27, 1976, passed assessment order for the respective years under section 143 and section 147 of the income-tax act, 1961. 4. because the assess did not pay the requisite tax, he could not get the benefit of the immunity contemplate by section 14 from the levy of penalty and the inspecting assistant commissioner then proceeded to ..... b.n. kirpal, j.1. the income-tax appellate tribunal has referred under section 256 of the income-tax act, 1961, the following questions of law in respect of the assessment years 1964-65 to 1967-68 : '(1) whether, on the facts and circumstances of the case, no penalty ..... is impossible under section 271 (2) whether, even after the declaration made under section 14 of the voluntary disclosure of income and wealth ordinance, 1975, .....

NaraIn Singh and ors. Vs. B.S.N.L. and ors.

Court : Delhi

Reported in : (2007)211CTR(Del)603

..... to this extent, the petitioners will be entitled to take advantage and benefit of the said judgment, subject of course, to further amendment in the income tax rules, 1962 and the income tax act, 1961. it may be mentioned that some further amendments have been proposed in the recent budget presented in the parliament in feb., 2007. 15. however, ..... section 17(2)(ii) has to be established before calculation of 'concession', under rule 3 of the income tax rules, 1962 can be made. in case, there is no 'concession' then section 17(2)(ii) of the income tax act, 1961 will not apply and in the absence of the said 'jurisdictional fact', computation under rule 3 is inconsequential ..... or private company has to comply with the statutory provisions relating to deduction of tax at source. it is also well known that deduction of tax at source is done as per the provisions of the income tax act and the relevant rules. the income tax act and the rules, everyone is aware, are modified from time to time and .....

Prem Nath Diesels Grainvaying Division Vs. Commissioner of Income-tax

Court : Delhi

Reported in : (1985)48CTR(Del)171; ILR1985Delhi497; [1986]159ITR575(Delhi)

..... tribunal was right in holding that the appellant had a business connection with m/s. international grainvaying co. incorporated within the meaning of section 163(1) of the income-tax act, 1961 ?' 3. counsel for the assessed, shri g. c. sharma, made a two-fold contention before us. firstly, it was contended that there was no business ..... no business connection resulted from this transaction between the assessed and the non-resident company. section 42(1) of the indian income-tax act, 1922, is in pari materia with section 163(1)(b) of the income-tax act, 1961. it was submitted by the counsel that the present case stood on a stronger footing. in the present case, the appellant ..... company. the appellant cannot, thereforee, be held to be an agent having any business connection with the non-resident as envisaged under section 163(1)(b) of the income-tax act, 1961. 8. we now come to the second contention raised by mr. g. c. sharma, advocate for the appellant. it is an admitted fact that the non .....

idco Dyes and Chemicals Pvt. Ltd. and anr. and Haryana Rang Udyog and ...

Court : Delhi

Reported in : (2003)180CTR(Del)212; [2003]259ITR600(Delhi)

..... cooling towers pvt. ltd. : [1996]219itr618(sc) . that was a case where the respondent-assessed filed an application for settlement under section 245c of the income-tax act, 1961, in respect of the assessment year 1975-76. in his response/report to the said application, the commissioner stated that he had no objection to the application for ..... only. the order states as under :'the assessed filed an application under sub-section (1) of section 245c of the income-tax act, 1961, to have his proceedings for or in connection with the assessment pending before the income-tax officer, company, circle vi, new delhi, for the assessment years 1977-78 and 1978-79, settled. a copy ..... in the first case the appellant had made a composite application to the settlement commission for settlement of its income-tax assessments for the assessment years 1948-49 to 1975-76 under section 245c of the income-tax act, 1961. on august 12, 1977, the commissioner agreed to the settlement for the years 1960-61 to 1975-76 .....

The Commissioner of Income Tax-Ii vs.mitsubishi Corporation India Pvt ...

Court : Delhi

..... s case is that the two entities do have pes in india. it contends that in any event explanation 2 to section 195 of the income tax act 1961 ( act ) (as introduced by the finance act 2012 (fa2012 obviates the need to first establish the existence of a pe before deducting tds while making such payment. this is the basis of ..... as a result of this default of the assessee, the payments made to non- residents as above, are clearly disallowable u/s 40(a)(i) of the income tax act, 1961 and i hold accordingly. 4.22 to sum up the above discussion, the payments made to non-residents are disallowable on the following grounds: ita no.180/2014 ..... : justice s.muralidhar justice prathiba m. singh judgment prathiba m. singh, j.:1. the present appeal under section 260a of the income tax act, 1961 (hereinafter referred to as the act ) challenges the order dated 23rd august, 2013 passed by the income tax appellate tribunal ( itat ) in ita no.5147/del/2010 for the assessment year ( ay ) 2006-07.2. this court .....

Commissioner of Income Tax-21 Vs. Mr. Sarkar Nath Oberoi

Court : Delhi

..... oral) 1. the first issue raised in the present appeal relates to additions made by the assessing officer under section 40(a)(ia) of the income tax act, 1961 on the ground that the tax deducted at source was deposited with the government after the end of the relevant assessment year. it is accepted by revenue that the ..... tribunal has relied upon circular no.652 dated 14.06.1993 issued by the central board of direct taxes (cbdt) which is applicable. the said circular reproduced in [1993]. 202 itr55(st.) 55, reads: subject: section 32 of the income-tax act, 1961 rate of depreciation on motor lorries used in the business of transportation of goods regarding. under sub ..... -item 2(ii) of item no.iii of appendix i to the income tax rules, 1962 higher rate of depreciation is admissible on motor buses, motor lorries .....

Sonia Gandhi vs.assistant Commissioner of Income Tax, Circle 52(1) and ...

Court : Delhi

..... short title and commencement.-. (1) these rules may be in exercise of the powers conferred by section 295 of the income tax act, 1961 (43 of 1961), the central board of direct taxes hereby makes the following rules further to amend the income-tax rules, 1962, namely:-"1. called income-tax (second amendment) rules, 2010. (2) they shall come into force from the 1st day of october, 2009. xxxxxx11. meaning ..... of a reassessment notice; it stated as follows: from a combined review of the judgments of this court, it follows that an income-tax officer acquires jurisdiction to reopen an assessment under section 147(a) read with section 148 of the income-tax act, 1961, only if on the basis of specific, reliable and relevant information coming to his possession subsequently, he has reasons, which he .....

Western Geo International Ltd. Vs. Assist. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... 195a were not applicable. the relevant portion of the order of hon'ble high court is reproduced below for the sake of clarity: section 44bb of the income tax act, 1961 is a special provision for computing profits and gains in connection with the business of oil exploration. it applies to non-resident companies engaged in such business. ..... that multi-stage grossing up cannot be resorted to in view of the insertion of section 10(10cc) in the income tax act by the finance act, 2002 with effect from assessment year 2003-04, which provides that tax on income being a perquisite, not provided for by way of monetary payment, which has actually been paid by the employer, ..... that these foreign technicians employed by the company had been paid salary 'net of tax'.in other words, all taxes payable under the provisions of income tax act were required to be paid by the employer company as per the terms of employment. in case, income-tax which is the obligation of the employee is paid by the employer, it .....

Avon Sales Corporation Vs. Income Tax Officer.

Court : Delhi

Reported in : (1993)47TTJ(Del)290

..... return. the relevant providing for filing of the returns under the it act, 1961 is s. 139. we hereunder reproduce some of the relevant sub-sections of s. 139, providing for the eventualities under which return of income can be filed :'139. return of income. - (1) every person, if his total income or the total income of any other person in respect of which he is assessable ..... cash payments. the cbdt vide circular no. 22 have issued instructions that where the payee had insisted for cash payment and a certificate from them is furnished giving the income-tax number and sales-tax numbers, etc., disallowance under s. 40a(3) should not be made. in this case substantial payments to m/s. avon sales corpn. had been made by cross cheques .....