Court : Madhya Pradesh
Reported in : [2003]133TAXMAN926(MP)
..... income-tax will have to be collected at source under the provisions of section 206c by all persons referred to in section 44ac of the income tax act, 1961 ..... section 206c of the income tax act, 1961 (hereinafter referred to as the act ..... 565, dated 11-7-1990 regarding collection of income-tax at source under section 206c of the income tax act in respect of profits and gains from the ..... the term purchase price, used in section 44ac of the income tax act was being understood in different ways. ..... counsel for income tax department made enormous effort to interpret section 206c of the act in a ..... (5a) every person collecting tax in accordance with the provisions of this section shall prepare half yearly return for the period ending on 30th september and 31st march in each financial year, and deliver or cause to be delivered to the prescribed income-tax authority such returns in such form and verified in such manner and setting forth ..... on intoxicating drugs by an acreagate rate levied on the cultivation of the hemp plant or by a rate charged on the quantity collected;(b) on spirit or beer manufactured in any distillery established or any distillery or brewery licensed under this act(i) in accordance with such scale of equivalents calculated on the quantity of materials used, or by the degree of attenuation of the wash or wort, as the case may be, as the state government may prescribe or;(ii) by a rate ..... here that section 44ac was omitted on 1-4-1993 by finance act, 1992 and section 206c has become .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)186CTR(MP)364; [2004]266ITR364(MP); 2002(4)MPLJ495
..... , income-tax will have to be collected at source under the provisions of section 206c by all persons referred to in section 44ac of the it act, 1961 ..... is earlier, collect from the buyer of any goods of the nature specified in column (2) of the table below, a sum equal to the percentage, specified in the corresponding entry in column (3) of the said table, of such amount as income-tax.sl.no.nature of goodspercentage(1)(2)(3)(i)alcoholic liquor for human consumption(other than indian made foreign liquor) and tendu leavesten per cent(ii)timber obtained under a forest leasefifteen per cent(iii)timber obtained by any mode ..... 11th july, 1990, regarding collection of income-tax at source under section 206c of the it act in respect of profits and gains from the business of trading in alcoholic liquor, forest ..... duty may be levied-- (a) on intoxicating drugs by an acreagate rate levied on the cultivation of the hemp plant or by a rate charged on the quantity collected; (b) on spirit or beer manufactured in any 'distillery established or any distillery or brewery licensed under this act- (i) in accordance with such scale of equivalents calculated on the quantity of materials used, or by the degree of attenuation of the wash or wort, as the case may be, as the state government may prescribe or; (ii) by a rate charged directly on the materials ..... is apposite to mention here that section 44ac was omitted on 1st april, 1993, by finance act, 1992 and section 206c has become the self-contained .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1971]80ITR656(MP)
..... of thedepartment as under : on the facts and in the circumstances of the case, for the purposes of calculating the tax with reference to which the penalty was levilable in the case of a registered firm under section 271(1) read with section 271(2) of the income-tax act, 1961, the tax payable by such firm should be determined without deducting the advance tax paid by the partners under section 18a of the income-tax act, 1922, from the gross tax payable by the firm on the basis that it was an unregistered firm.11. ..... tribunal is as under :'whether, on the facts and in the circumstances of the case, for the purpose of calculating the tax with reference to which the penalty was leviable in the case of a registered firm under section 271(1) read with section 271(2) of the income-tax act, 1961, the tax payable by such firm should be determined after deducing the advance tax paid by the partners under section 18a of the indian income-tax act, 1922, in respect of their shares of profits from the firm from the gross ..... the question arising in this reference relates to the construction of the following words of section 271(2) of the income-tax act, 1961:'when the person liable to penalty is a registered firm... ..... section 271(2) of the income-tax act, 1961, creates a statutory fiction by direction a registered firm to be treated as an unregistered firm for the computation of penalty. ..... in the meanwhile penalty proceedings were started under section 271 of the income-tax act, 1961. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2006)199CTR(MP)400
..... is correct in law in relying upon the decision under the proviso to section 30 of the income tax act, 1922, in the instant case, when there is a material difference between the relevant provisions in section 30 of the 1922 act and section 249(4) of the income tax act, 1961 ?4. ..... the facts and circumstances of the case, the commissioner (appeals) would impliedly be deemed to have exercised his powers under the proviso to section 249(4) of the income tax act and exempting the assessee from payment of tax, when he proceeded to dispose of the appeal on merits ?3. ..... this is an income tax reference made by the tribunal at the instance of assessee under section 256(1) of the income tax act in ra ..... the assessing officer completed the assessment under section 144 of income tax act. ..... shall be admitted unless at the time of filing of the appeal,(a) where a return has been filed by the assessee, the assessee has paid the tax due on the income returned by him; or(b) where no return has been filed by the assessee, the assessee has paid an amount equal to the amount of advance tax which was payable by him :provided that, in a case falling under clause (b) and on an application made by the appellant in this behalf, ..... of learned member of tribunal, since the assessee while filing the appeal before commissioner (appeals) had failed to comply (with) the requirements of section 249(4) of the act, and hence, commissioner (appeals) was in error in admitting the appeal and in consequence allowing the appeal. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1983]139ITR64(MP)
..... , on the facts and in the circumstances of the case, the levy of penalty, at 25% of the tax avoided, under section 271(1)(c) of the income-tax act, 1961, on the assessee for the a. y. ..... , on the facts and in the circumstances of the case, the levy of penalty, at 25% of the tax avoided, under section 271(1)(c) of the income-tax act, 1961, on the assessee for the a. y. ..... , indore bench, has referred the following question of law to this court for its opinion :'(1) whether, on the facts and in the circumstances of the case, the levy of penalty, at 25% of the tax avoided, under section 271(1)(c) of the income-tax act, 1961, for the a. y. ..... no doubt, the fact that the assessment order contains a finding that the disputed amount represents income constitutes good evidence in the penalty proceeding but the finding in the assessment proceeding cannot be regarded as conclusive for the purposes of the ..... act, 1961 ..... burden of proof in a penalty proceeding varies from that involved in an assessment proceeding, a finding in an assessment proceeding that a particular receipt is income cannot automatically be adopted as a finding to that effect in the penalty proceeding. ..... work in favour of the sub-contractors, and that the alleged sub-contractors were not proved to be experienced contractors, and came to the conclusion that the assessee had tried to understate his taxable income by setting up the case of sub-contracts, which was not true.3. ..... penalty under section 271(1)(c) of the act was imposed on the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP148
..... in my judgment the words of clause (a) of the second proviso construed in the light of the meaning of the word 'resident' as given in section 4a, in its context and against the background of the provisions of the indian income-tax act relating to the circumstances under which the income accruing or arising in indian states became liable to tax when it was brought into taxable territories in the year of its accrual or in any subsequent year, can only properly be construed in the sense contended ..... , 1950, a person residing in madhya bharat, a part b state comprising of certain former indian states, was not liable to pay any tax under the indian income-tax act unless he was at the same time 'a resident in the taxable territories' within the meaning of section 4-a and the definition of 'taxable territories' as it then stood. ..... for the department was that the word 'resident' in clause (a) only meant 'resident in the taxable territories' as denned in section 4a of the indian income-tax act and anywhere in 'the taxable territories' as defined in section 2 (14) of the act. ..... effect of these provisions was that before 1-4-1950, income accruing in a part b states to an assessee resident in the taxable territories was not assessable to charge under the income-tax act, so long as it was not brought into the ..... income accruing or arising in indian states, which later on became part b states, to a resident in the taxable territories was exempt from any tax 'under section 14 (2) (c) of the act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]241ITR758(MP)
..... with the provisions of the indian income-tax act, 1922 (11 of 1922), or the 1961 act ; (iii) determining the amount of interest payable and the amount of penalty imposable in accordance with the provisions of the indian income-tax act, 1922 (11 of 1922)/1961 act as if the order had been the order of regular assessment ; (iv) specifying the amount that will be required to satisfy any existing liability under the 1961 act and any one or more of the acts specified in clause (a) of sub-section (1) of section 230a in respect of which such person ..... amount of interest payable and the amount of penalty imposable in accordance with the provisions of the indian income-tax act, 1922 (11 of 1922), or this act, as if the order had been the order of regular assessment; (iii) specifying the amount that will be required to satisfy any existing liability under this act and any one or more of the acts specified in clause (a) of sub-section (1) of section 230a in respect of which such person is in default or is deemed to be in default, and retain in his custody such assets ..... the department did not adjust the said amount, therefore, the petitioner has filed the petition seeking the relief that it be held that the petitioner is not liable to pay any interest under sections 234b and 234c of the income-tax act, and has also challenged the orders passed by the respondents annexed with the petition as annexures p-5 and p-7.4. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1968]70ITR831(MP)
..... - the consolidated reference under section 66(1) of the indian income-tax act, 1922, by the income-tax appellate tribunal at the instance of the commissioner of income-tax arises out of the tribunals common order disposing of the assessees appeals for the assessment years 1956-57, 1957-58, 1958-59 and 1959-60. ..... the inclusion was made by the income-tax officer under section 16(3) (a) (ii) of the act.the assessee then preferred appeals before the appellate assistant commissioner questioning the correctness of the decision of the income-tax officer with regard to the inclusion of the interest earned by the minor on the 'capital amount standing to his credit in the accounts of the firm'. ..... the tribunal sought support for this conclusion in the decision of the bombay high court in bhogilal laherchand v, commissioner of income-tax where interest earned by minors on deposits maintained in a partnership firm was held to be not a benefit which the minors received from their admission to the benefits of the partnership firm.the material provision of the act to consider in this case is section 16(3) (a) (ii) of the act, which runs as follows :'16. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP155; 1996(0)MPLJ929
..... , which, but for such payment would have been payable by the director or other person aforesaid, occuring or arising to a person within the state from any profession, trade or calling other than agriculture'; 'section 2(h): 'salary' or 'wages' includes pay orwages, dearness' allowances and all otherremuneration including allowance receivedby any person or a regular basis whetherpayable in cash or kind and also includesperquisites and profits in lieu of salary asdefined in section 17 of the income-tax act,1961 (no. ..... the first contention regarding permissibility of the deductions on the income tax act is concerned, it may be relevant to mention here that two enactments are different and under the income tax act, it is an income, which is the basis and parliament is competent to permit deductions admissible under that act. ..... , it has been submitted that the deductions under the income tax act are admissible. ..... it is pointed out that certain deductions have been made permissible from the gross income of a person who practices a profession under section 5 of the act, but some concessions are not being made available to the employees; therefore, they ..... it is also contended that the professionals have been given an option under sub-section (3) of section 3 of the act to opt the criteria fixed for sales employees, if such professionals find that payment of tax in accordance with the norms set for the salaried employees is either convenient or conducive to their interest they can opt .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]176ITR273(MP)
..... this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, jabalpur bench, jabalpur, has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the provisions of section 64(1)(vi) were not attracted to the case of the assessee and the income earned by mrs. ..... from the firm, pragnya oil industries, received by his daughter-in-law was not includible in the income of the assessee under section 64(1) of the act was rejected by the income-tax officer who held that the said income was includible in the total income of the assessee under the provisions of clause (vi) of section 64(1) of the act. ..... in our opinion, therefore, the tribunal was right in holding that the provisions of section 64(1)(vi) of the act were not attracted to the case of the assessee and the income earned by his daughter-in-law from the share in the firm, pragnya oil industries, could not be included in the hands of the ..... aggrieved by the order passed by the income-tax officer, the assessee preferred an appeal which ..... prem bhai parekh : [1970]77itr27(sc) , that when income was received by a person as a result of admission to the benefits of the partnership, then such income arises primarily because of the participation by that person as a partner and not as consequence of investing the gift made in favour of that person by .....
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