Court : Rajasthan
Reported in : [1991(62)FLR252]; (1992)ILLJ903Raj; 1990(1)WLN361
..... to learned counsel, this could not be sufficient to hold that all these three concerns are jointly ownedby one family or they jointly form an establishment within the meaning of the said act, especiallywhen the three firms are separately owned by three individuals, they kept their accounts separate and are separately assessed under the central sales tax and rajasthan sales tax act and the income tax act. ..... in particular, if any doubt arises as to - (i) whether an establishment which is a factory, is engaged in any industry specified in schedule i; (ii) whether any particular establishment is an establishment falling within the class of establishments to which this act applies by virtue of a notification under clause (b) or sub-section (3) of section 1; or (iii) the number of persons employed in an establishment; or (iv) the number of years which have elapsed from the date on which an establishment has been set up; or (v) whether the total quantum of benefit to which an employee is ..... his wages directly or indirectly from the employer, and includes any person - (i) employed by or through a contractor in or in connection with the work of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961, or under the standing orders of the establishment'. ..... has not been denied before me that these owners of the concerns are separate assessees under the income tax act as also the central sales tax act and the rajasthan sales tax act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)222CTR(SC)105; [2009]310ITR392(SC); 2009(3)SCALE663; (2009)4SCC427; [2009]178TAXMAN261(SC)
..... this batch of civil appeals is directed against judgments dated 22.11.06 and 8.1.07 of the high court of guwahati, assam,in appeals under section 260a of the income-tax act, 1961 in respect of assessment years 1988-89, 1989-90, 1990-91 and 1991- 92.4. ..... the ito took into account the depreciation allowances for the years up to 1944 as computed under income-tax act, 1922 for the purposes of ascertaining the world income of the assessee, and for the years 1945 to 1948, he took into account the income as computed under indore industrial tax rules 1927; and on that basis the ito arrived at the 'written down value' as on january 1, 1949. ..... : [1993]204itr719(cal) , held that since 40 per cent of the assessee's composite income is chargeable under section 28 of the 1961 act, for the purposes of computing the 'written down value' of depreciable assets used in the tea business, only 40 per cent instead of 100 per cent of depreciation allowable at the prescribed rate shall be deducted in the case of ..... as per the provisions of section 10(1) of the 1961 act read with rule 8, 40 per cent of the business income derived from the sale of tea grown and manufactured in india by the assessee was liable to tax. ..... the assessee contended, inter alia, that in regard to the years up to 1944 only the proportionate depreciation attributable to the taxable income came within the meaning of the words 'actually allowed' in the old section corresponding to section 43(6)(b) of the 1961 act. .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)165CTR(Bom)67; [2000]245ITR823(Bom)
..... assessing officer was of the view that the above expense was in the nature of a constructive receipt in the hands of the foreign company and, therefore, the same was liable to tax under section 9(1)(vii) read with section 115a and section 44d of the income-tax act, 1961. ..... contended that the scheme of section 195 clearly indicates that the expression 'any other sum chargeable under the provisions of the income-tax act' would mean a sum on which income-tax is leviable. ..... aggrieved by the decision of the tribunal, the department has come in appeal under section 260a of the income-tax act.2. ..... is for this reason that in the aforestated judgment, the supreme court has laid down that section 195(1) contemplated tentative deduction of income-tax subject to regular assessment and by the deduction of income-tax the rights of the parties were not, in any manner, adversely affected. ..... was contended that what is taxable under the income-tax act is pure income or profits and not the gross sum. ..... contended on behalf of the assessee in that matter that when payments made to the non-resident, were not entirely income, but a trading receipt then there was no question of deduction of income-tax at source as the said section did not provide for it. ..... moreover, the said provision under section 195 is only for tentative deduction of income-tax subject to regular assessment and the rights of the parties are not in any manner ..... if no such application is filed then the income-tax must be deducted on the gross sum. .....
Tag this Judgment!Court : Mumbai
Reported in : [1963]48ITR404(Bom)
..... the proceeding for imposing penalty which was initiated under section 40 of the hyderabad income-tax act prior to its repeal by the finance ..... 13(1) of the finance act saved also ..... tax and the fact that under the hyderabad income-tax act distinct provisions were made for the recovery of tax due and penalty did not alter the true character of penalty imposed under the income-tax acts of india and hyderabad and that the expression 'assessment' in its comprehensive connotation meant the entire procedure for the declaration and imposition of tax liability and the machinery for the enforcement thereof and hence the saving clause in section .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1960Bom353; [1960]40ITR624(Bom)
..... of india to recover sums of money paid or securities furnished by taxpayers in pursuance of any settlement relating to assessment or reassessment made before january 17, 1959, under the indian income-tax act or otherwise pending the completion of assessment or reassessment in any case where a notice under section 34 of the income-tax act has been issued before january 17, 1959, and to permit retention of the money or security for a period of two years from january 17, 1959, if no notice has been ..... the petitioner then filed on august 26, 1957, a petition in this court for a direction, order or writ including a writ in the nature of certiorari quashing the settlement and the notices issued under section 46(5a) of the income-tax act and the other proceedings taken in pursuance of the settlement and for a direction, order or writ including a writ in the nature of mandamus compelling the union of india to refund rs, 4,01,612.22 being the ..... this petition two questions fall to be determined : (i) whether the union parliament was competent to enact section 3 of the indian income-tax (amendment) act, 1959 (1 of 1959), whereby section 49ee was incorporated in the indian income-tax act, 1922, prohibiting the entertainment of claims for refund of money paid or security furnished pursuant to settlements relating to assessment or reassessment and conferring power upon the income-tax officer, the appellate assistant commissioner or the commissioner to set off in certain cases moneys in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1981]127ITR378(AP)
..... on the facts and in the circumstances of the case, the whole or any portion of the income assessed by the income-tax officer is liable to be taxed in the assessee's hands on the ground of non-fulfilment of the conditions stipulated in section 11(2) of the income-tax act, 1961, for the assessment years 1966-67 and 1968-69 ?'2. ..... on the facts and in the circumstances of the case, the income as per the books of the trust has to be considered for the purposes of section 11 of the income-tax act, 1961, for the assessment years 1966-67, 1967-68 and 1968-69 ?3. ..... on the facts and in the circumstances of the case, the reassessment made by the income-tax officer under section 147 of the income-tax act, 1961, for the assessment year 1966-67 is valid ?2. ..... on the facts and in the circumstances of the case, there was compliance by the assessee with the conditions stipulated in section 11(2) of the income-tax act, 1961, for the assessment years 1966-67, 1967-68 and 1968-69?4. ..... (4) for the purposes of this section 'property held under trust' includes a business undertaking so held, and where a claim is made that the income of any such undertaking shall not be included in the total income of the persons in receipt thereof, the income-tax officer shall have power to determine the income of such undertaking in accordance with the provisions of this act relating to assessment ; and where any income so determined is in excess of the income as shown in the accounts of the undertaking, such excess shall .....
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 : Supreme Court of India
Reported in : 1996VIIIAD(SC)238; AIR1997SC215; [1997]223ITR297(SC); JT1996(9)SC419; 1996(7)SCALE658; (1996)11SCC632; [1996]Supp7SCR523
..... leave petitions had any locus standi to prefer an application under rule 60 of the second schedule to the income tax act, 1961 for setting aside the sale of immovable property of the defaulter income tax assessee from whom he is alleged to have greed to purchase the said property and which property was sold in auction by the income tax department in execution of certificate of recovery of income tax issued against the defaulter, owner of the property-4. ..... kar) has taken the view that a person who had obtained an agreement to sell which is hit by rule 16 of the second schedule to the income tax act cannot make an application under rule 61 for setting aside the sale as a person holding interest in the property. ..... tax recovery officer under the income tax act issued notice to him on 3rd september 1973 as per rule 2 of the second schedule to the income tax act which deals with 'procedure for recovery of tax ..... under rule 2 of the second schedule of the income tax act was issued to the defaulter on 3rd september 1973 ..... appellant submitted that the division bench of the high court erred in taking the view that the appellant's application under rule 60 of second schedule to the income tax act was not maintainable. ..... rules in the second schedule to the income tax act reads as under:60. ..... was void from the inception as the said agreement dated 20th november 1982 flew in the face of statutory prohibition engrafted by rule 16 sub-rule (1) of the rules in the second schedule of the income tax act. .....
Tag this Judgment!Court : Kerala
Reported in : [1969]72ITR664(Ker)
..... in pursuance of the notice, exhibit p-l, issued by him to the petitioner under section 35 of the agricultural income-tax act, 1950, hereinafter referred to as the act, proposing to reassess the income of the family of which the petitioner was the karta and manager for the year commencing from april 1, 1960, and ended on march 31, 1961, and chargeable to tax for the assessment year 1961-62 and also to restrain him from proceeding further in pursuance of exhibit p-3 notice ..... several petitions filed by the petitioner; (2) that during the accounting year from april 1, 1960, to march 31, 1961, there was no hindu undivided family in existence which received the agricultural income and the petitioner is not the manager or the karnavan of the family since march 30, 1958, and section 29 of the agricultural income-tax act, 1950, as amended by act 12 of 1964 cannot have any application to the case; (3) that the assessment proceedings based on exhibits p-1 and ..... a writ of prohibition against the respondent who is the inspecting assistant commissioner of agricultural income-tax and sales-tax (special), kozhikode, prohibiting him from taking further proceedings for assessing the petitioner as the manager of the poomuli mana in the status of a hindu undivided family to agricultural income-tax for the assessment year 1961-62 pursuant to exhibit p-1 notice dated march 10, 1965, issued under section 35 and exhibit p-3 notice issued under section 17(4) of the agricultural income-tax act, 1950.2. .....
Tag this Judgment!Court : Mumbai
Reported in : (1955)57BOMLR425; [1955]27ITR684(Bom)
..... 22,590 from the liquidator in the year of account, and the taxing department held that the dividend was covered by the definition of 'dividend' in section 2 (6a) (c) of the income-tax act and therefore liable to tax, and it is in respect of this distribution of the assets of the company in liquidation that three questions have been submitted to us by the tribunal. 2. ..... as the legislature wanted to extend the meaning of the expression 'dividend' in the case of sub-clause (a), (b) and (d) they treated accumulated profits, even though they were appropriated to capital, as dividends, but in the case of sub-clause (c) by omitting to qualify the expression 'accumulated profits' the clear intention of the legislature was that only those accumulated profits should come within the ambit of sub-clause (c) which had not been capitalised, because if the ..... be that during the whole of that previous year the company did not to business and its business was discontinued, but as we said before, although the income-tax act might lay down the machinery and provide the procedure for assessing the income of the company during this broken period, it does not follow that for the purpose of the income-tax act this broken period becomes the previous year for the purpose of the proviso to section 2 (6a) (c). ..... now, it was after this decision that the legislature incorporated sub-clause (c) in section 2 (6a) of the income-tax act and the reason was obvious. .....
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