Judgment Search Results Home > Cases Phrase: income tax act 1961 section 240 refund on appeal etc Page 3 of about 12,655 results (0.285 seconds)

Commissioner of Income-tax Vs. Trustees of H.E.H. the Nizam's Miscella ...

Court : Andhra Pradesh

Reported in : [1969]74ITR558(AP)

..... again on the basis that the assessee had not made out that the agreement to grant the loan was not subject to the condition that it was free of income-tax under the indian income-tax act. we have already stated that not only the decision of the supreme court deals with both the questions, one of which pertains to the grant of the identical ..... exemption. in appeal against the judgment of this court delivered by a bench of which one of us was a party in r.c. no. 35/59 dated july 4, 1961, their lordships of the supreme court confirmed the judgment of this court in respect of its answer holding that the loan was a state government security, but reversed its answer ..... 1955-56 to 1961-62 respectively and concern the nature of 11/4% interest loan of o.s. rs. 41/2 crores advanced by the nizam to the then government of hyderabad. after the police action the military governor had applied to the nizam for this loan on behalf of the state of hyderabad, which was to be income-tax free. the nizam .....

imperial Chit Funds (P) Ltd. Vs. Income-tax Officer, Ernakulam

Court : Supreme Court of India

Reported in : 1996IIIAD(SC)488; AIR1996SC1887; I(1996)BC659(SC); [1996]86CompCas555(SC); (1996)133CTR(SC)505; [1996]219ITR498(SC); JT1996(3)SC410; 1996(1)KLT699(SC); 1996(3)SCALE20; (199

..... views is correct.4. in order to appreciate the controversy in question, it will be useful to bear in mind the relevant provisions of the income-tax act, 1961 and the companies act, 1956. the relevant provisions are extracted herein-below :income-tax act, 1961178. company liquidation. - (1) every person -(a) who is the liquidator of any company which is being wound up, whether under the orders of ..... in the section.6. in the judgment under appeal the high court has referred to the legislative history and background that led to the enactment of section 178 of the income-tax act, 1961. the high court has referred to report of the company law reforms committee which has been referred to in the decision of the andhra pradesh high court, wherein the plea .....

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 .....

Ganga Solvent and ors. and Hanuman Rice and Oil Mills and ors. Vs. Sta ...

Court : Patna

..... the cumulative interest payable under section 201(1a) for all the years involved in respect of the tax deducted at source under sections 192 to 195 of the income-tax act, 1961, is less than rs. 10,000 and the tax is also paid to the credit of the central government. learned counsel pointed out that there ..... , 1990, whereby cognizance against them has been taken for the offence under section 276b of the income-tax act, 1961. opposite party no. 2 filed a complaint case against the petitioners alleging therein that the petitioners deposited the tax deducted at source after a delay of 45 days. on theaforesaid complaint petition cognizance against the petitioners ..... has been taken for the offence under section 276b of the income-tax act, 1961, by the impugned order.2. learned counsel for the petitioners contended that the allegation is of delay in payment of tax deducted at source amounting to rs. 11,680 and the interest thereon is within rs. .....

Mangilal S. JaIn Vs. Commissioner of Income-tax and anr.

Court : Karnataka

Reported in : ILR2003KAR2066; [2002]257ITR31(KAR); [2002]257ITR31(Karn)

..... any law for the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified hereunder, namely : -- (a) where the tax arrear is payable under the income-tax act, 1961 (43 of 1961),-- (i) in the case of a declarant, being a company or a firm, at the rate of thirty-five per cent. of the disputed ..... 1. the petitioner is an assessee under the income-tax act, 1961 (the 'i. t. act' for short). for the assessment year 1995-96 (accounting period ended on march 31, 1995), the appellant filed his return on march 26, 1997, declaring a total income of rs. 2,59,030. his return was processed under section 143(1)(a) on september 27, 1997. as it was a survey .....

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. Mohanreddy Vs. Debts Recovery Appellate Tribunal

Court : Andhra Pradesh

Reported in : [2004]135TAXMAN339(AP)

..... the method and manner of conduction sale of the property except section 29, which reads'application of certain provisions of income tax act.the provisions of the second and third schedules to the income tax act, 1961 (43 of 1961) and the income-tax (certificate proceedings) rules, 1962, as in force from time to time shall, as for as possible, apply ..... sale qua the property in question filed this writ petition on 27-12-1999 without resorting to the remedy provided in the second schedule to the income tax act, 1961 and income tax (certificate proceedings) rules, 1962. in the aforementioned background, we will have to notice the grounds on which the petitioners have come forward to ..... of his powers, the debt recovery officer issued auction notice which notified that the sale will take place in accordance with the second schedule to the income tax act, 1961; further notifying that the successful bidder has to deposit 25% of the bid amount within seven days and the balance on or before 16-1-1999 .....

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 .....

Union of India and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Reported in : [2003]263ITR706(SC); [2003]132TAXMAN373(SC)

..... carrying on no business there; they are, in fact, prevented from earning any income there; they are not liable to income tax on capital gains under the mauritius income tax act. they are liable to pay income-tax under indian income tax act, 1961, since they do not pay any income-tax on capital gains in mauritius, hence, they are not entitled to the benefit ..... entities are really resident by investigating the center of their management and thereafter to apply the provisions of income tax act, 1961 to the global income earned by them by reason of sections 4 and 5 of the income tax act, 1961.76. it is urged by the learned attorney general and shri salve for the appellants that the phrase ..... law. in the situation where the terms of the dtac have been made applicable by reason of section 90 of the income tax act, 1961, even if they derogate from the provisions of the income tax act, it is not possible to say that this principle of lifting the veil of incorporation should be applied by the court. .....