Judgment Search Results Home > Cases Phrase: income tax act 1961 section 276 removal concealment transfer or delivery of property to thwart tax recovery Page 1 of about 69 results (0.445 seconds)

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Reported in : (1999)65TTJ(Del)1

..... (iii) that although by inserting an explanationn in section 9(ii) of the income tax act, 1961, with effect from 1st april, 1979 by the finance act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services rendered in india, shall be regarded as income earned in india, yet all kinds of payments arising under a contract of employment are not liable to tax in india. ..... penalty proceedings under section 271c of the income tax act, 1961 were initiated and finalised by the deputy commissioner, range 23, new delhi, against the petitioner resulting into a penalty of rs. ..... (c) that the concerned assistant commissioner took no action as per provisions of section 201 deeming the assessee-company in default for non-payment of amount of short deducted tax nor any proceedings were initiated for recovery of the said amount by means of any mode of recovery such as attachment of bank account, property, etc. ..... your place of employment will be new delhi, though you may be transferred to our project site at anpara, uttar pradesh at the discretion of the management.your monthly salary would be rs. ..... rather, an effort has been made to conceal the facts and mislead the department. ..... this explanationn was inserted by the finance act, 1983, with effect from 1st april, 1979, for removal of doubts. ..... (b) the investigation of assistant commissioner were sought to be thwarted/lack of cooperation. ..... reliance was placed on 11 scc 276; cit v. .....

Commissioner of Income-tax Vs. I. Chatterji

Court : Mumbai

Reported in : (1986)50CTR(Bom)129; [1986]161ITR535(Bom); [1986]24TAXMAN251(Bom)

..... at the instance of the revenue, this reference is made under section 256(1) of the income-tax act, 1961, to pose the question :'whether the tribunal was right in holding that the deduction for municipal taxes was allowable under section 23(1) of the income-tax act, 1961, while determining the annual value in the case of self-occupied property ?'2. ..... there is no provision in section 23 of the income-tax act, 1961, as we construe it, whereby, for the purposes of computing the annual letting value of the self-occupied house property, local or municipal taxes paid by the owner can be deducted.14. ..... dalvi, learned counsel for the assessee, that, on a construction of section 23 of the income-tax act, 1961, the assessee was entitled to deduct the municipal taxes that he had paid for the purposes of determining the annual letting value of his self-occupied house property. ..... high court in the aforementioned case of arvind narottam lalbhai dalpatbhai vada : [1976]105itr378(guj) , observed that the words which required interpretation, having regard to the argument before it (which is the argument before us) in sub-section (2) of section 23 of the income-tax act, 1961, were : 'the annual value shall first be determined as in sub-section (1) 'and' and further be reduced by one-half of the amount'. .....

C. Rajendran and anr. Vs. Income-tax Officer

Court : Chennai

Reported in : (2002)173CTR(Mad)171; [2002]253ITR139(Mad)

..... the phraseology suggests essentially that in spite of the efforts made as per the procedure followed in the income-tax act for recovery of the tax arrears when the said tax arrears cannot be recovered then alone the liability can be transferred under section 179(1) of the income-tax act to the directors. ..... learned counsel points out that the only effort which has been made for recovery of tax arrears is by way of a show-cause notice under sections 221 and 222 of the income-tax act which would be apparent from the contents of paragraph 4 of the order passed by the income-tax officer. ..... it would be for the department to prove the impossibility of the recovery of the tax arrears from the assessee-company before the concerned officer by putting relevant material and not merely relying upon the notices issued under section 221 and section 222 of the income-tax act. ..... noticees were directed to show cause as to why they could not be held jointly and severally liable for the payment of the tax arrears and this notice seems to have been answered by one chandrasekara mudaliar, managing director of the company, who pointed out that a waiver petition was pending in respect of the interest under section 139(8) of the income-tax act as the arrears for the assessment year 1974-75 were only on account of the interest liability. ..... a notice came to be served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income-tax act, 1961. .....

Union of India (Uoi) and ors. Vs. Seth R. Dalmia

Court : Supreme Court of India

Reported in : AIR1975SC1017; (1975)4SCC16; [1975]3SCR735; 1975(7)LC275(SC)

..... gandhi, it is admitted that 'all assessment work of income tax' had been assigned to the chairman under office order dated january 1, 1964 which included matters relating to the reopening of assessments under section 34 of the income-tax act, 1922 or under section 147 of the income-tax act, 1961, but the paragraph adds that 'later with the approval of the central government this item of work was assigned to the member of the board shri s. ..... the approval regarding the transfer of work relating to sanction under section 151(1) of income-tax act from the chairman to the member central board of direct taxes was accordingly referred to by me to the secretary, ministry of finance (department of revenue & expenditure) on ..... singh, the then chairman of the central board of direct taxes, part of which we have extracted above, it appears that shri singh had referred to the secretary, ministry of finance (department of revenue and expenditure) the proposal for transfer of work relating to sanction under section 151(1) of the act from the chairman to the member of the board, that shri singh personally discussed the matter with shri ..... 18-6-1964, i personally discussed the proposal regarding transfer of work from myself to the member, central board of direct taxes with shri v. t. ..... would appear that the work which had till then been done by the chairman was to be transferred to the member and approval of the secretary to the government of india was obtained for this transfer or allocation of work. .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... the phraseology suggests essentially that in spite of the efforts made as per the procedure followed in the income tax act for recovery of the tax arrears when the said tax arrears cannot be recovered then alone the liability can be transferred under section 179(1) of the income tax act to the directors. ..... learned counsel points out that the only effort which has been made for recovery of tax arrears is by way of a show-cause notice under sections 221 and 222 of the income tax act which would be apparent from the contents of paragraph 4 of the order passed by the income tax officer. ..... it would be for the department to prove the impossibility of the recovery of the tax arrears from the assessee-company before the concerned officer by putting relevant material and not merely relying upon the notices issued under section 221 and section 222 of the income tax act. ..... noticees were directed to show cause as to why they could not be held jointly and severally liable for the payment of the tax arrears and this notice seems to have been answered by one chandrasekara mudaliar, managing director of the company, who pointed out that a waiver petition was pending in respect of the interest under section 139(8) of the income tax act as the arrears for the assessment year 1974-75 were only on account of the interest liability. ..... a notice came to be served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income tax act, 1961. .....

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... the ground that the impugned notification is issued in purported exercise of power conferred on the central board of direct taxes by section 295 of the income-tax act, 1961, read with section 17(2) and section 192(2c) of the income-tax act ; that by virtue of the impugned notification, the central board of direct taxes has purported to supplement section 17(2) of the income-tax act by incorporating amendments in the existing income-tax rules. ..... rule was required to be placed before parliament as mentioned in section 295 read with section 296 of the income-tax act and since the impugned rule has not been placed before parliament for approval, the impugned rule violates section 295 read with section 296 of the income-tax act, and, therefore, the impugned rule is bad in law. ..... affidavit filed by the department, averment is made to the effect that the impugned notification amending rule 3 of the income-tax rules was placed before parliament under section 296 of the income-tax act on december 7, 2001, in the lok sabha and on december 18, 2001, in the rajya sabha. ..... argued that the rules are required to be framed by the central board of direct taxes under section 295(1) of the income-tax act in this connection, it was submitted that under section 291(2)(c), the central board of direct taxes was required to make rules, which were proper and reasonable. ..... , it was further argued that section 192 of the income-tax act falls in chapter xvii, which deals with collection and recovery of taxes. .....

Commissioner of Wealth-tax Vs. Vikram Swarup

Court : Kolkata

Reported in : [1993]202ITR889(Cal)

..... --for the purposes of this rule- (i) the following amounts shown as assets in the balance-sheet shall not be treated as assets, namely : (a) any amount paid as advance tax under section 18a of the indian income-tax act, 1922 (11 of 1922), or under section 210 of the income-tax act, 1961 (43 of 1961) ; (b) any amount shown in the balance-sheet including the debit balance of the profit and loss account or the profit and loss appropriation account which does not represent the value of ..... therefore, for the purpose of computation of the market value of the shares of a company, the advance tax paid under section 210 of the income-tax act, 1961, and shown on the assets side of the balance-sheet of the company cannot be deducted from the tax payable, in determining whether the provision for taxation is in excess over the tax payable with reference to the book profits in accordance with the law applicable thereto within the meaning of clause (ii)(e) of explanation ii to ..... rule provides, inter alia, that any amount paid as advance tax under section 18a of the indian income-tax act, 1922, or under section 210 of the income-tax act, 1961, shall not be treated as an asset. ..... words : 'for the purposes of this rule - (i) the following amounts shown as assets in the balance-sheet shall not be treated as assets, namely : -- (a) any amount paid as advance tax under section 18a of the indian income-tax act, 1922 (11 of 1922), or under section 210 of the income-tax act, 1961 (43 of 1961). ...' 48. .....

Interbulk Trading SA, Switzerland Vs. Adam and Coal Resources Private ...

Court : Chennai

..... at this point, i may also deal with the argument, which was advanced on behalf of the respondent, which is that, provision of section 195 of the income tax act, 1961 (in short 1961 act) necessarily obligated deduction of withholding tax, by the payer, without fail, every time a payment was made to a non-resident. ..... furthermore, in this context, it was submitted that, once, the necessary notification is issued by the central government, under section 90 of the income tax act, for the implementation of the dtaa, the provisions of dtaa would, automatically, override the provisions of the said act, in matters concerning the chargeability of income to tax, and, where inconsistency was found as between the provisions of the income tax act and the dtaa. 20.6. ..... the parties had agreed before the learned arbitrator to have the issues determined on a document-only basis , expert evidence was led by both sides, with regard to the obligation, if any, of adam coal to deduct withholding tax under the provisions of the indian income tax act, 1961 (in short the income tax act ). ..... silence may be treated as deception only when there is a duty to speak; in other workds, as bigelow points out, 'a duty to speak, which is the ground of liability, arises wherever and only where silence can be considered as having an active property, that is misleading'. ..... s ection 1 95a ppears in chapter xvii which deals with collection and recovery. .....

Sait Nagjee Purushotham and Co. Vs. Commissioner of Income-tax, Madras

Court : Supreme Court of India

Reported in : AIR1967SC617; [1964]51ITR849(SC); [1964]6SCR91

..... " sub-section (4) "where the person who was at the commencement of the indian income-tax(amendment) act, 1939 (vii of 1939), carrying on any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is succeeded in such capacity by another person, the change not being merely a change in the constitution of a partnership, no tax shall be payable by the first mentioned person in respect of the income, profits and gains of the period between the end of the ..... (3) "where any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918 (vii of 1918), is discontinued, then unless there has been a succession by virtue of which the provisions of sub-section (4) have been rendered applicable no tax shall be payable in respect of the income, profits and gains of the period between the end of the previous year and the date of such discontinuance, and the assessee may further claim that ..... the contention of the respondent, on the other hand, is that these two instruments show that the business of the existing firm had been split up into two and transferred to two different owners, namely, two newly constituted firms with different partners, some of whom were no doubt common, and this amounted to a discontinuance of the business of the old firm. ..... 4 lacs by the vendee and delivery of posses- sion of the assets of the business by the vendor. ..... 275-276 of 1963. .....

Doom Dooma Tea Co. Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... learned counsel for the assessee placing reliance on the definition of 'tax' in clause (43) of section 2 of the income-tax act, 1961, argued that surtax is not a tax under the income-tax act and, therefore, deduction under section 37 is not prohibited. ..... the calcutta high court, in the first case, grappled with the definition of tax in section 2(43) of the income-tax act, 1961, and held that the definition of 'tax' in the context is inapplicable. ..... this reference is made under sub-section (1) of section 256 of the income-tax act, 1961, at the instance of the assessee, a tea company with the name doom dooma tea company ltd. ..... in the income-tax act, 1961, before any amount is deducted under section 37, it is to be seen whether such an amount is prohibited under section 40(a)(ii) of the act. ..... the word 'income' is defined in clause (24) of section 2 of the income-tax act, 1961, to include profits or gains. ..... this is how the gujarat high court reasoned out for not deducting surtax under section 37 of the income-tax act, 1961. 13. ..... learned standing counsel for the revenue at first argued that in act vii of 1964 or in the income-tax act, 1961, there is no provision to deduct surtax and, therefore, surtax cannot be deducted. ..... thus, income-tax, super-tax and surtax, all the three taxes are collected under the income-tax act, 1961. ..... we cite half a dozen statutes where without such recitation, tax, rate or cess was allowed to be deducted under the income-tax act, 1961. .....