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The Tax Recovery Officer Ii, Sadar, Nagpur Vs. Gangadhar Vishwanath Ra ...

Court : Supreme Court of India

Reported in : AIR1999SC427; [1998]234ITR188(SC); JT1998(6)SC277; 1998(5)SCALE241; (1998)6SCC658

..... court reported in (1989) 117 itr 176. under the impugned judgment the high court has set aside the attachment levied under rule 11 of the second schedule to the income-tax act, 1961 by the tax recovery officer on an immovable property originally belonging to the assessee (since deceased). the property was claimed by the wife of the assessee (since deceased) and his daughter, original ..... become final. while examining the declaration given in the present case by the income tax officer under section 281 of the income-tax act, the high court had expressly held that by introduction of section 281 in the income-tax act, 1961, the legislature had no intention to confer an exclusive power and jurisdiction upon the income tax authorities to decide the questions arising under section 281. section 281 merely declared .....

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 .....

Chennai Port Trust Vs. the Income Tax Officer

Court : Chennai

..... joint venture would constitute association of persons (aop) within the meaning of section 2(31)(v) so as to become liable for tax under the income tax act, 1961 or each party of the joint venture is liable to tax on its own profits. by order dated 14.09.2000, the advance ruling authority held that the status of the joint venture ..... -99, 1999-2000 and 2000-2001. thus, the assessee was treated as one in default and hence, interest was levied under section 201(1)(a) of the income tax act.6. the assessee objected to these proceedings, contending that going by the terms of the joint venture agreement between the companies and the award of contract under the agreement ..... approach the concerned authority for a ruling as to whether there should have been a tds at all either under section 194c or under section 195 of the income tax act. it was submitted that going by the understanding of the terms of the joint venture agreement between the companies and the contract awarded to the joint venture, the .....

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 .....

Elphinstone Spinning and Weaving Mills Co. Ltd. Vs. Commissioner of In ...

Court : Mumbai

Reported in : (1956)58BOMLR32; [1955]28ITR811(Bom)

..... which is the subject-matter of interpretation upon this reference : 'provided that in the case of a company which, in respect of its profits liable to tax under the income-tax act for the year ending on the 31st day of march, 1952, has made the prescribed arrangements for the declaration and payment within the territory of india excluding ..... which accrued to it in the year preceding to the previous year and there is no provision in the income-tax act for taxing income of this character. the finance act could have provided that in the income of the previous year certain income which was not made or not accrued in that particular year should be included, but we do not ..... urged by the advocate-general may be noticed. one is that in the proviso the expression '......a company which, in respect of its profits liable to tax under the income-tax act for the year ending on the 31st day of march, 1952, has made the prescribed arrangements for the declaration and payment within the territory of india .....

Sundaram Industries Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : (1986)53CTR(Mad)51; [1986]159ITR646(Mad)

..... on the facts and in the circumstances of the case, the sum of rs. 52,765, provision for surtax, was a proper deduction in computing the total income under the income-tax act, 1961, for the year under appeal ?' 34. in view of our decision rendered just now in t.c. no. 636 of 1978 in which we have also ..... definition of 'chargeable profits' and the charging provision, the subject-matter of the charge on which surtax is levied is clearly the total income of an assessee computed under the income-tax act, 1961. that income has to be adjusted in accordance with the provisions of the first schedule. in the first schedule, a procedure is laid down for ..... levied is specified in the third schedule. chargeable profits are defined in section 2(5) as follows : ''chargeable profits' means the total income of an assessee computed under the income-tax act, 1961 (xliii of 1961), for any previous year or years, as the case may be, and adjusted in accordance with the provisions of the first schedule;' 19 .....

Rajam Pictures Circuit and ors. Vs. Commissioner of Income-tax and ors ...

Court : Chennai

Reported in : (1999)156CTR(Mad)392; [2000]241ITR735(Mad)

..... balasubramanian, j. 1. the question involved in the batch of writ petitions is whether the demand of interest under section 220(2) of the income-tax act, 1961 (hereinafter referred to as 'the income-tax act'), in the certificate of intimation issued under section 90(1) of the kar vivad samadhan scheme, 1998 (hereinafter to be referred to as ' ..... of interest under sections 139(8) and 217 in other demands made under other provisions of the income-tax act, 1961, and the petitioners are challenging only the demand of interest under section 220(2) of the income-tax act in the certificate of intimation on the ground that under the samadhan scheme, the respondent has no ..... the benefit of the samadhan scheme and once he claims the benefit under the samadhan scheme the scheme will operate notwithstanding the provisions contained in the income-tax act. therefore, the contention that the petitioner has lost the right of waiver of interest is not a material consideration. if the petitioners with open .....

P.V. Rajgopal and ors. Vs. Union of India and ors.

Court : Andhra Pradesh

Reported in : 1998(4)ALD268; [1998]233ITR678(AP)

..... by claiming that the interest on reimbursement is not a perquisite and prays for a declaration that the said letter is illegal and ultra vires the provisions of the income-tax act.3. writ petition no.26797/1997 has been filed by the trade union of the workers of bharat heavy electricals limited. it is stated that an order ..... was not causa causans of the payment, and therefore, the compensation was taxable. the context, however, is the provisions of section 156(2) of the income-tax act 1952 in england where the tax is charged on the profits and gains arising from any office or employment. but the present context is quite different as can be seen by a plain ..... in order to see whether there is any such lacuna, we have to consider the scheme of the income-tax act with reference to the deduction of tax at source. the collection and recovery of tax is governed by chapter xvii of the income tax act by way of deduction of tax at source and advance payment.33. sections 192 - 194, 194-a, b, bb, c, d .....

Asstt. Cit Vs. Balarampur Chini Mills Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2007)109ITD146(Kol.)

..... circumstances, the learned commissioner (appeals) erred in law in directing to allow deferred tax to determine the book profit under section 115jb of the income tax act, 1961, when the deferred tax is a provision of tax effect of the differences between taxable income and accounting income, and so is not allowable under section 115jb of the income tax act, 1961 in determining book profit under that section. (3) that on the fact ..... revised computation filed during assessment. (5) that on the fact and in the circumstances, the learned commissioner (appeals) erred in directing to allow tax paid under section 115-o of the income tax act, 1961 on distributed dividend to determine book profit under section 115jb of the income tax act, 1961 citing cbdt's circular no. 8 dated 29-8-2005, when the said circular relates to fringe benefit .....

Addl. Commissioner of Income Tax Vs. Bareilly Corporation Bank Ltd.

Court : Allahabad

Reported in : (1978)7CTR(All)347

..... so far as the amount deducted at source in addition to rs. 38,162/- is concerned, it may suffice to mention that this was admittedly not advance tax. under s. 214 of the income-tax act interest at the rate of 9 per cent per annum is payable on the amount by which the aggregate sum of any instalments of advance ..... source. the deposit of the entire amount of rs. 38,162/- by the assessee by way of advance tax was refundable along with interest under s. 214 of the income-tax act inasmuch as the said amount exceeded the amount of the tax determined on regular assessment. in our opinion, the tribunal rightly found that the assessee was entitled to the ..... tax paid during any financial year exceeds the amount of tax determined in regular assessment. the expression 'advance tax' has been defined in s. 207(2) of the income-tax act. this definition does not take within its ambit the amount deducted at source. under s. .....