Judgment Search Results Home > Cases Phrase: income tax act 1961 section 269d preliminary notice Sorted by: recent Court: supreme court of india Page 1 of about 510 results (0.174 seconds)

Union Of India Vs. Rajeev Bansal

Court : Supreme Court of India

..... three-judge bench of this court held that a notice issued under section 34 without prior approval of the commissioner was invalid.31. the income tax act 1961 also mandates assessing officers to fulfil certain pre-conditions before issuing a notice of reassessment. section 149 requires assessing officers to issue a ..... the revenue officers must have requisite jurisdiction to perform their functions and responsibilities following the provisions of the income tax act. under the income tax act 1922,54 section 34 allowed an income tax officer to reassess income that escaped assessment for a relevant assessment year. section 34 provided that a reassessment notice could not be ..... to exercise or perform all or any of the powers or functions conferred on, or assigned to, an assessing officer under this act. ]. 5 section 147, income tax act 6 section 148, income tax act. [it read: 148.(1) before making the assessment, reassessment or recomputation under section 147, the assessing officer shall serve on .....

Raj Pal Singh Vs. Commissioner of Income Tax Haryana

Court : Supreme Court of India

..... and its vesting in the government took place on 29.09.1970, the date of award. the high court further held that under the income-tax act, 1961, an income was chargeable to tax only when it had accrued or was deemed to have accrued in the year of assessment; and in the present case, if any ..... take note of the relevant statutory provisions in the income-tax act, 1961, as applicable to the assessment year 1971-1972, as also in the land acquisition act, 1894, as existing at the relevant time. statutory provisions 25. in the income-tax act, 1961, the heads of income for the purpose of computation of total income are defined in section 14 that carries, inter alia ..... of the supreme court decisions in shamlal narula v. cit [1964]. 53 itr151(sc) and ramanathan chettiar v. cit [1967]. 63 itr458(sc), the land acquisition interest of rs. 80,253 included by the income tax officer under section 5(1)(b) of the income-tax act, 1961, in the total income for 1968-69 assessment, accrued de die in diem from .....

Shiv Raj Gupta Vs. Commissioner of Income-Tax, Delhi Iv

Court : Supreme Court of India

..... has correctly interpreted the provisions of section 28(ii) of the income tax act, 1961?. b) whether the ld. itat was correct in holding that receipt of rs.6.6 crores by the respondent/assessee as non-competitive fee was a capital receipt u ..... therefore, was that the appeal stood allowed by a majority of 2:1 in the appellate tribunal.8. the revenue preferred an appeal under section 260-a of the income tax act, 1961 to the high court. in its grounds of appeal, the revenue framed the substantial questions of law that arose in the matter as follows: a) whether the itat ..... , and that, as a result, non-compete fee payable under the deed of covenant was not taxable under section 28(ii)(a) or any other provision of the income tax act, 1961. the learned judicial member on the other hand substantially agreed with the assessing officer, as a result of which he decided in favour of the 6 revenue. a reference .....

T.S. Baliah Vs. T.S. Rengachari

Court : Supreme Court of India

Reported in : AIR1969SC701; [1969]72ITR787(SC); [1969]3SCR65

..... the chief presidency magistrate, egmore, madras charging the appellant with having committed offences under section 52 of the 1922 act and under section 177 indian penal code in the first three complaints and under section 277 of the indian income tax act, 1961, hereinafter called the 1961 act and under section 177, indian penal code in the fourth complaint petition. in substance the allegation of the first ..... respondent was that the appellant had made a statement in the verification under the income tax act which was false knowing it to be false, and he had wilfully .....

Phool Chand Sharma and ors. Vs. Chandra Shanker Pathak and ors.

Court : Supreme Court of India

Reported in : AIR1964SC782; [1963]Supp2SCR828

..... and cannot outweigh the express decision on the point in daryao's case. we might, however, point out that in indian aluminium co. ltd. v. commissioner of income-tax, west bengal : [1961]43itr532(sc) , in which also the judgment was delivered by s.k. das, j., the reasoning of the learned judge who upheld a similar preliminary objection is ..... : [1961]43itr532(sc) , is not naturally referred to. the learned judge observed : 'the question which has arisen in this appeal by way of a preliminary objection is whether in the circumstances set out above - (no appeal was preferred against the order of the high court refusing to make a reference under s. 66(2) of the income tax act) - ..... to relief is discretionary. 5. learned counsel for the appellant invited our attention to the decision of this court in chandi prasad chokhani v. state of bihar : [1961]43itr498(sc) , as lying down a rule not quite so inflexible as the decision in daryao's case would suggest, that it depended upon the facts of each .....

The Bank Of Rajasthan Ltd. Vs. Commissioner Of Income Tax

Court : Supreme Court of India

..... date of acquisition till the date on which interest is first due after the date of purchase.5. under the income tax act, 1961 (for short, the it act ), section 18, which was repealed by the finance act, 1988, dealt with tax leviable on the interest on securities. section 19 provided for the deduction of (i) expenses in realising the interest ..... section 19 and, therefore, the assessee was not entitled to claim deduction for broken period interest payment as a revenue expenditure under section 28 of the income tax act. in this connection, the department followed the judgment of the karnataka high court in vijaya bank's case. therefore, the point which we are required ..... the company doing business, the income therefrom had to be assessed under section 8 of the act. this decision does not say that the income from securities is not income from the business. nor does the decision of this court in east india housing and land development trust ltd. v. cit [(1961) 42 itr49 support the contention of .....

The Patna Municipal Corporation Vs. M/s Tribro Ad Bureau

Court : Supreme Court of India

..... bench decision in ghaswala (supra) is concerned, the question that arose for consideration therein was whether the settlement commission constituted under section 245-b of the income tax act, 1961 has the jurisdiction to reduce or waive the interest chargeable under sections 9 paragraph 57 of indsil hydro power and manganese limited (supra). 25 234-a, ..... are on private or public place is also arbitrary and unsustainable. in support of his contentions, learned counsel relied upon the decisions of this court in commissioner of income tax, mumbai v anjum m h ghaswala, (2002) 1 scc633 punit rai v dinesh chaudhary, (2003) 8 scc204 union of india v naveen jindal, (2004) ..... of settlement under section 245-d(4) of the act. the court, inter alia, reasoned that the commission while exercising its quasi-judicial power of arriving at a settlement under section 245-d cannot have the administrative power of issuing directions to other income tax authorities. it is a normal rule of construction that .....

Omkar Vs. The Union Of India

Court : Supreme Court of India

..... as to whether beneath the veneer of equality there is any invidious breach of article 14.26. this court in khandige sham bhat and anr vs. agricultural income-tax officer, kasaragod, and anr, air1963sc591observed as under: 7. though a law ex facie appears to treat all that fall within a class alike, if ..... commission will issue, an inclusive attitude will be taken towards persons with disabilities from all categories furthering the concept of reasonable accommodation recognized in the rpwd act. the approach of the government, instrumentalities of states, regulatory bodies and for that matter even private sector should be, as to how best can one ..... be followed by the states parties for empowerment of persons with disabilities. the convention laid down the following principles for empowerment of persons with disabilities, which the act seeks to implement:- (i) respect for inherent dignity, individual autonomy including the freedom to make one s own choices, and independence of persons; (ii) non .....

M/s Shriram Investments Vs. The Commissioner Of Income Tax Iii Chennai

Court : Supreme Court of India

..... jurisdiction civil appeal no.6274 of2013m/s. shriram investments appellant versus the commissioner of income tax iii chennai respondent judgment abhay s. oka, j.factual aspects1 the appellant-assessee filed a return of income on 19th november 1989 under the income tax act, 1961 (for short, it act ) for the assessment year 1989-90. on 31st october 1990, the appellant ..... filed a revised return. as per intimation issued under section 143(1)(a) of the it act on 27th august 1991, the appellant paid the necessary tax amount. on 29th ..... limited3, in paragraph no.9, this court held thus: 9. in such a situation, filing a revised return under section 139(5) of the income-tax act claiming carrying forward of losses subsequently would not help the assessee. in the present case, the assessee filed its original return under section 139(1) and .....

Chief Commissioner Of Central Goods And Service Tax Vs. M/s Safari Ret ...

Court : Supreme Court of India

..... whether a natural pond used by the assessee, which was specially designed for rearing prawns, could be a plant within the meaning of section 32 of the income tax act, 1961. this court heavily relied upon the decision of a three-judge bench of this court in the case of karnataka power corporation20. in this case, the question ..... considered as apparatus or a tool for running a business so that it can be termed as a plant and depreciation can be allowed on the same under the income tax act, 1961. this court dealt with section 32, which provided for granting depreciation to buildings, machinery, and plants. this court extensively referred to its earlier decision in the ..... of the cost of capital goods and plant and machinery under the provisions of the income-tax act, 1961 (43 of 1961), the input tax credit on the said tax component shall not be allowed. (4) a registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services .....