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institute of Education and Etc. Vs. Sri Sowcar A. Siddanna Endowment a ...

Court : Karnataka

Reported in : AIR2003Kant226; (2003)181CTR(Kar)264

..... barred by the provision of section 293 of the -income-tax act, 1961 in as much as questions pertaining to the validity of the sale held by the income-tax authorities are raised.2. (8) ..... question by the apex court and various high courts and answered the same as hereunder : though the legal submission was not submitted before the court's below on this question of law they have recorded the finding on the contentious issues regarding the trust, the management of trust property has been looked after by one of the trustee members late sowkar channaiah on behalf of the trust either ..... of the board of trustees and the mutation entries in respect of the suit schedule properties were entered in the name of the plaintiff-trust in the revenue records is also considered on the basis of original ex.p-1 and other documents ex.p-3, p-5 and p-7 wherein it is shown that the board of trustees meeting was held often and it has resolved to administer the endowments of the plaintiff-trust out of the income derived from the said properties by the trust ..... and it has rightly concurred with the findings recorded by the trial court on the relevant issue nos .....

Commissioner of Income Tax vs.link Engineer Pvt. Ltd.

Court : Delhi

..... the cit ita4362014 page 2 of 5 (a) noted: it is seen from the records as well as the submission made by the appellant, that on the basis of survey conducted, the appellant voluntarily agreed for settlement with the income tax department to buy peace. ..... action under section 132 of the it act, 1961 was conducted in the case of various companies owned or controlled by him and also in the case of different individuals connected with the said companies. ..... in any event, these evidences were sought by the commissioner of income-tax (appea1s) dealing with this matter in ay0506 and therefore, are admissible otherwise also.12. ..... counsel submitted that the statement made during the course of assessment proceedings should have been taken on the record and that the itat was ita4362014 page 4 of 5 justified in upholding the cit (a) s findings. ..... 03.2017 ita4362014 commissioner of income tax ..... ..... in the absence of any contrary material having been placed on record, we do not find any reasonable basis to interfere in the order passed by ld. ..... there was no need to settle at this figure if the undisclosed income or excessive expenses were more than this figure. ..... the impugned order of the itat recorded as follows: after carefully considering the arguments and written submissions of both the sides in the light of case laws cited, we find that ld. ..... however, during the survey no unaccounted assets or any other incriminating documents were found. ..... gupta who admitted to providing accommodation entries.2. .....

P.K. Aboobacker and ors. Vs. State of Kerala and anr.

Court : Kerala

Reported in : [1979]44STC250(Ker)

..... section 42 of the madras general sales tax act,1959, empowered the officer-in-charge of a check post to seize and confiscateany goods which are in transport and are not covered by bill of sale ordelivery note, goods vehicle records and such other documents as may beprescribed under sections 43 and 44 of the act. ..... in that case, the provision of the bombay sales tax act to forfeit thesums collected by the dealers by way of sales tax, though not exigible, to thepublic exchequer punitively, was held to be within the incidental or ancillarypowers under entry 54. ..... income-tax officer, specialinvestigation circle [1961] 43 i.t.r. ..... the question whether theprovision of confiscation contained in section 29 is beyond the field oflegislation under entry 54 of list ii of the seventh schedule to theconstitution was left open by the full bench, in view of the fact thatsub-sections (3), (4) and (5) were found to violate article 301 and that wasenough to strike down those provisions. ..... 5.unconstitutionality was attributed to this on two grounds, namely, that theprovision is beyond the field of legislation covered by entry 54 and also thatit is an unreasonable restriction on the freedom of trade and commerceviolative of article 301 of the constitution. .....

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

Court : Delhi

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

..... 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. ..... to the learned counsel for the assessed the deputy commissioner did not confront the assessed to the statement of the general manager, seized documents nor he allowed inspection of the penalty records during penalty proceedings and the situation could not be remedied by restoring the matter to the assessing officer for read-judicator after doing the ..... . the standard of proof, explanationn and onus of proof to be discharged by the assessed in penalty proceedings under section 201(1) is much higher and heavy whereas in criminal prosecution for an offence under section 276b the dictates of law merely demand the requirement of ..... company was required to prove the existence of a reasonable cause by preponderance of probability only and not by way of adducing any proof beyond reasonable doubt ..... to prove the existence of a reasonable cause by preponderance of probability as in a civil case and not necessarily by proof beyond reasonable doubt. ..... nullify the effect of such judgments that amendments were made to penalty and prosecution provisions for shifting the burden of proof on the assessee. .....

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. ..... 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'. ..... 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. ..... in our view, the words 'and further be reduced' in sub-section (2) of section 23 of the income-tax act, 1961, do not lead to the conclusion that there has already been a reduction in the annual letting value by the application of the provisions contained in sub-section (1). .....

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

Court : Chennai

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

..... 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. ..... 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. ..... 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. ..... therefore, in order to activate this section and the action thereunder, a finding would have to be recorded to the effect that in spite of the efforts to recover the tax arrears the said tax arrears could not be recovered from the assessee-company. ..... on this backdrop when we see the impugned order, it is obvious that there have been no efforts made to recover the tax arrears from the assessee-company and the finding has also not been properly recorded. 12. .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... be served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income tax act, 1961. ..... 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. ..... director while rajendran and surendran were the directors of the company during the relevant years and that they would be jointly and severally liable for the above mentioned tax arrears and the interest in terms of section 179(1) of the income tax act.this was objected to by filing a writ petition before the learned single judge. ..... , in order to activate this section and the action thereunder, a finding would have to be recorded to the effect that in spite of the efforts to recover the tax arrears the said tax arrears could not be recovered from ..... we see the impugned order, it is obvious that there have been no efforts made to recover the tax arrears from the assessee-company and the finding has also not been properly recorded.it was tried to be argued by learned standing counsel for the revenue that this company is in deep financial troubles and at any rate, the tax arrears would not be recoverable from the said company. .....

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 ..... - (1) no notice shall be issued under section 148 after the expiry of eight years from the end of the relevant assessment year, unless the board is satisfied on the reasons recorded by the income-tax officer that it is a fit case for the ..... only member of the board besides the chairman, on being satisfied on the reasons recorded by the income-tax officer that for each of the assessment years in both capacities of the respondent a fit case had been made out for the issue of a notice under section 148 of the act, the impugned notices were issued to the respondent. ..... obviously a note for consideration of the other member of the board who, on the next day, recorded his consent to this proposal in the following words :i will take up cases of reopening of assessment ..... document, entry ..... singhvi, learned counsel for the respondent, contended (1) that the material on record did not prove beyond doubt that the central government had approved the proposal of the chairman to alter the original distribution of work and (2) that in any event the law required the approval .....

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

Court : Uttaranchal

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

..... 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. ..... 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 ..... 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 ..... 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. ..... point is mentioned only to show that the function of the central board of direct taxes under section 295(1) of the income-tax act is not only to frame rules evaluating the benefit or amenity, but also to .....

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 ..... 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. ..... in fact, such dividend could not have been declared in either of the said two years before the relevant valuation date inasmuch as the books and records for the said two years were audited and published long after the relevant valuation date and the general meeting approving the proposal of the directors in respect of dividends .....