Judgment Search Results Home > Cases Phrase: income tax act 1961 section 240 refund on appeal etc Court: delhi Page 9 of about 980 results (0.426 seconds)

Unique Interprises Vs. Delhi Development Authority

Court : Delhi

Reported in : 2006(1)ARBLR281(Delhi); 127(2006)DLT401; 2006(87)DRJ220

..... arbitration awards.3. section 194c of the income-tax act, 1961 contemplates deduction from payments to be made to resident contractors in pursuance of a contract between the contractor and and the central government. the underlined portion is important ..... decree which, in turn, has been made pursuant to an award. according to him, thereforee, it would not fall within the parameters of section 194c of the income tax act, 1961. he placed before me a copy of a circular which forms part of the cpwd manual volume ii at pages 568 and 569 thereof which reads as under:- ..... raised two issues. the first issue being that any amount that is payable under the award and decree would be liable to deduction of tax at source under section 194c of the income tax act, 1961 because it would be a payment to the contractor. it is pointed out by the learned counsel for the judgment debtor that although the .....

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

Court : Delhi

Reported in : (1995)123CTR(Del)514; ILR1995Delhi317; [1994]210ITR13(Delhi); 1994RLR316

..... is filed by the petitioner for issuing a writ of certiorari quashing the charging of interest in a sum of rs. 11,83,631 under section 220(2) of the income-tax act, 1961, with effect from may 1, 1992, through demand notice dated november 13, 1992, which was issued pursuant to the rectification order under section 154 of the ..... (2)3. in this writ petition the levy of interest of rs. 11,83,631 under section 220(2) of the income-tax act which is at item (c) is challenged. learned counsel for the petitioner referred to section 220(2) of the income-tax act which reads as follows : '220(2) if the amount specified in any notice of demand under section 156 is not ..... income-tax act for the assessment year 1989-90. the following are the facts. 2. the petitioner filed return for the year ending march 31, 1989, relating to the assessment year 1989-90 .....

Commissioner of Income-tax Vs. Capt. K.C. Saigal

Court : Delhi

Reported in : 100(2002)DLT760

..... in connection with the writ petition under article 226 of the constitution for quashing proceedings under section 147 of the income-tax act, 1961 and obtaining advice from tax experts in regard thereto fell within the purview of section 80-vv of the income-tax act, 1961?' 2. since in both the references, pertaining to assessment years 1976-77 and 1977-78, a common question of law has ..... d.k. jain, j. 1. in these two references, at the instance of the revenue, the income-tax appellate tribunal, delhi bench-c (for short the tribunal) has referred under section 256(1) of the income-tax act, 1961 (for short the act) the following question for opinion of this court: 'whether on the facts and in the circumstances of the case the expenditure incurred by the assessed .....

Arun Kumar Bhatia and anr Vs. Vijay Kumar and ors

Court : Delhi

..... is the managing director of the company who is responsible for signing of the returns to be filed under section 139 of the income tax act, 1961. the clause (c) to section 140 the income tax act, 1961 reads as under:-"(c) in case of a company, by the managing director thereof, or where for any unavoidable reason such managing ..... is liable to be rejected.18. consequently, in the interest of justice, the complaint case filed by respondent no.1 under section 276 cc of the income tax act, 1961 against the petitioners and respondent no.3, pending adjudication before the trial court is rejected and they are discharged from all the charges. consequently, orders ..... 5. mr.sanjeev sachdeva, learned senior advocate for the petitioners submits that the respondent no.1 filed a complaint case under section 276 cc of the income tax act, 1961 for the assessment year 1981-82 against both the petitioners besides two other accused persons.6. admittedly, both the petitioners were the directors at the relevant .....

Vipul Medcorp Tpa Pvt. Ltd. and ors. Vs. Central Board of Direct Taxes ...

Court : Delhi

..... the petitioners have challenged circular no. 8/2009 issued by the central board of direct taxes, respondent no. 1 herein on the ground that the circular requires deduction of tax at source (tds) under section 194j of the income tax act, 1961 (the act, for short) when the tpas make payment to the hospitals to settle/pay the dues ..... representations have been received from various stakeholders regarding applicability of provisions under section 194j of the income tax act, 61 on payments made by third party administrators (tpas) to hospitals on behalf of insurance companies for settling medical/insurance claims etc with the hospitals. ..... this section shall apply accordingly. 5. circular no. 8/2009 dated 24th november, 2009 reads as under:- "applicability of provisions under section 194j of the income tax act, 61 in the case of transactions by the third party administrators (tpas) with hospitals etc. circular no. 8/2009 dated 24-11-2009 a number of .....

Sutlej Industries Ltd. Vs. Asstt. Cit

Court : Delhi

Reported in : [2003]86ITD335(Delhi)

..... law in not allowing interest under section 244a/other relevant provisions of the income tax act on the amount of self-assessment tax paid, which became refundable under section 143(1)(a)/143(1b) as per provisions of income tax act from the date of payment of such tax.'14. the facts of this year are similar to those for assessment year ..... in law in not allowing interest under section 244a/other relevant provisions of the income tax act on the amount of self-assessment tax paid, which became refundable under section 143(3)1/250 as per provisions of income tax act from the date of payment of such tax.'3. briefly stated the facts of the case are that the assessed became ..... entitled to substantial refund on account of the appellate order. refund also included certain amounts which had been paid as self-assessment tax. at the time of giving effect .....

S.D.S. Mongia Vs. Central Board of Direct Taxes

Court : Delhi

Reported in : (2007)211CTR(Del)357

..... deem fit and proper under the circumstances of the case.2. the petitioner had filed an application under section 264 of the income tax act (hereinafter referred to as income tax act) which was rejected by the commissioner of income-tax by the impugned order dated 20-11-2002 on the grounds that it was barred by limitation. having heard counsel for the ..... 1993-94. ms. bansal, learned counsel for the revenue, has vociferously contended that the taxability of this income is not beyond debate, in that it can be brought to tax by virtue of section 17(2)(v) of the income tax act. so far as that is concerned, it has rightly been pointed out by the counsel for the ..... 226 of the constitution.3. section 4 is the charging section under the income tax act. section 10 lists out item of income which would not be included in the computation of total income. clause (it) of sub-section (13) of section 10 excludes from the total income 'any payment from an approved superannuation fund made to an employee in .....

Director of Income-tax Vs. Ericsson Communications Ltd.

Court : Delhi

..... assessee was not liable to deduct tds under section 195 of the income tax act, 1961 on 18.8.1998 when it credited a sum of rs.2,24,96,669/- to the account of m/s. l.m. ericsson on account of royalty?" 4. ..... high court agreed with the tribunal, however, certified the case as fit under section 66a(2) of the income tax act, 1961, to be considered by the supreme court. the supreme court referred to the earlier decision of the bombay high court in commissioner of income tax v. chamanlal mangaldas and co. [1956] 29 itr 987, which was approved by the supreme court in ..... m. ericsson, sweden for payment of royalty is contrary to public policy and void under section 23 of the contract act, 1972 and therefore the order and demand under section 201 and interest levied under section 201 (1a) of the income tax act, 1961 are liable to e set aside and deleted? 2. whether the tribunal was right in law in holding that the .....

Commissioner of Income Tax Vs. Eastman Industries Limited

Court : Delhi

Reported in : (2008)219CTR(Del)593

..... rajiv shakdher, j.1. this is an appeal under section 260a of the income tax act, 1961 (hereinafter referred to as the act) against a common judgment dated 31.01.2007 passed by the income tax appellate tribunal (hereinafter referred to as the tribunal) passed in ita no. 1850/ del/2002 and ita no. 4561/del/2003 in respect of the same ..... to the above announcement, amendments have been made to sections 2, 32, 32a, 34, 35, 38, 41, 43, 50, 55, 57, 59 and 155 of the income tax act. as mentioned by the economic administration reforms commission (report no. 12, para. 20), the existing system in this regard requires the calculation of depreciation in respect of each capital ..... of section 2, where the capital asset is an asset forming part of a block of assets in respect of which depreciation has been allowed under this act or under the indian income-tax act, 1922 (11 of 1922), the provisions of sections 48 and 49 shall be subject to the following modifications:-(1) xxxxxx xxxxxx xxxxxx xxxxx xxxxx(2) .....

Vishwa Dharmayatan Trust Vs. Deputy Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)56ITD37(Delhi)

..... of the public as such. the trust also ran a printing press. the question was whether the income earned by the trust was exempt from tax under section 11 of the income-tax act, 1961. the appellate tribunal held that the income was exempt under section 11, but on a reference, the high court reversed the decision of the ..... ratio of the decision correctly reflected in the head note of the decision which is as follows : whenever parliament considered that the computation of income should be in accordance with the provisions of the income-tax act, 1961, it introduced the concept by using appropriate language. in the absence of any such language in section 11(1) of the ..... the language of section 11(1)(a) of the income-tax act, 1961, makes it clear that the income derived from property held under trust wholly for charitable and religious purposes to the extent to which such income is applied to such purposes in india is excluded and once the income from the property as such is excluded, there is .....