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Sushil Kumar Maheshwari S/O Late V.K. Maheshwari Vs. Union of India (U ...

Court : Allahabad

Reported in : [2008(116)FLR230]; (2008)IILLJ65All

..... section 45-h makes the provisions of second and third schedule of the income tax act, 1961 ..... provisions of the second and the third schedules to the income tax act, 1961 and the income tax (certificate proceedings) rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the arrears of the amount of contributions, interests or damages under this act instead of to the income-tax:provided that any reference in the said provisions and the rules to the 'assessee' shall be construed as a reference to a ..... his discretion, the tax recovery officer shall proceed to realise the amount by one or more of the following modes:(a) by attachment and sale of the defaulter's movable property;(b) by attachment and sale of the defaulter's immovable-property;(c) by arrest of the defaulter and his detention in prison;(d) by appointing a receiver for the management of the defaulter's movable and immovable properties.both sub-section (1) of section 45-c and section 45-h read with second schedule of income tax act provide for recovery ..... section 45-h provides for applicability of certain provisions of the income tax act ..... respondents refuting the submissions of the learned counsel for the petitioner, contended that by virtue of section 45-c of 1948 act read with section 45-h and second as well as third schedule of income taxt act, 1961, it was open for the respondents to resort to any mode of recovery as provided under section 45-c. .....

Sant Lal Tek Chand Vs. State of Haryana

Court : Punjab and Haryana

Reported in : [2005]142STC135(P& H)

..... supreme court, while dealing with a case involving imposition of penalty under section 271(1)(a) of the income-tax act, 1961 (for short, 'the 1961 act'), read that provision in conjunction with section 276c of the said act and observed :'it is sufficient for us to refer to section 271(1)(a), which provides that penalty may be imposed if the income-tax officer is satisfied that any person has, without reasonable cause, failed to furnish the return of total income, and to section 276c which provides, that if a person wilfully fails to furnish in due ..... the aforementioned two judgments support our conclusion that the petitioner had deliberately filed incorrect return and omitted to pay the amount of tax due and thereby contravened section 25(2) and (3) of the 1973 act and that the assessing authority did not commit any illegality by imposing penalty under section 48 of the 1973 act.20. ..... sawhney that the assessing authority could not have, without recording a finding that the assessee had deliberately filed incorrect return and omitted to pay the tax due, imposed penalty under section 48 of the 1973 act sounds attractive but lacks merit. .....

Commissioner of Income-tax, Gujarat Ii Vs. Elecon Engineering Co. Ltd.

Court : Gujarat

Reported in : [1976]104ITR510(Guj)

..... chapter vii of the income-tax act, 1961, which included sections 81 to 85c (which are now omitted by section 33 of and the third schedule to the finance (no ..... on the other hand, on behalf of the assessee, it is contended that the legislative intent underlying section 84 of the income-tax act, 1961, is to provide tax holiday to new industrial undertakings or hotels and for this purpose not merely the cost or value of capital is to be worked out, but the average capital employed throughout the year in the business of industrial undertakings or hotels ..... accordingly, under section 84 read with section 101 of the income-tax act, 1961, the income-tax officer exempted an amount of rs ..... this reference raise a short but an interesting question as to the scope and width of clause (5) of rule 19 of the income-tax rules, 1962, regarding computation of capital employed in an industrial undertaking or a hotel for purposes of section 84 of the income-tax act, 1961. ..... under section 84 of the income-tax act, 1961, the respondent-assessee was entiled to exemption in respect of its newly established industrial undertaking ..... before we deal with the contentions raised on behalf of the revenue, at the time of hearing of this reference, we would like to reproduce the relevant provisions of the income-tax act, 1961, and the rules which have a bearing on the point involved in this reference. 6. ..... considering the question under section 15c of the 1922 act, the bombay high court in commissioner of income-tax v. .....

Sercon Private Limited Vs. Asstt. Commissioner of Income Tax

Court : Gujarat

Reported in : (2008)218CTR(Guj)479

..... commissioner of income tax wherein it is held that the central board of direct taxes under section 119 of the income tax act, 1961, has power, inter alia, to tone down the rigour of the law and ensure a fair enforcement of its provisions, by issuing circulars in exercise of its statutory powers under section 119 of the act which are binding on the authorities in the administration of the act. ..... for the assessment year 1992-93, return of income was filed which was processed by the income tax department and ultimately assessment under section 143(3) of the income tax act, 1961 was framed on 14.03.1995 after making various additions and disallowances. ..... sarda trading corporation (1993) 204 itr 139 wherein it is held that a reading of sections 45, 54e and 80t of the income-tax act, 1961, makes it clear that any profits and gains on the transfer of a long term capital asset in the previous year shall be deemed to be income of the previous year, and shall be chargeable to income-tax under the head-capital gains. ..... all these four tax appeals are filed by the different assessees under section 260a of the income-tax act, 1961 for the assessment year 1992-93 proposing substantial question of law arising out of the order of the income tax appellate tribunal. ..... with the amendment of finance act, 1987, the statutory deductions or concessional rates available in section 80t and 115 have been incorporated in section 48 itself and sections 80t and 115 have been omitted. .....

Additional Commissioner of Income-tax Vs. Abhai Maligai

Court : Chennai

Reported in : [1978]113ITR737(Mad)

..... , has been declared by the central government by a notification dated october 25, 1966, published in the gazette of india as a temple of historic and archaeological importance and a place of public worship of renown throughout tamil nadu for the purpose of section 88(6) of the income-tax act, 1961, as it stood before section 88 was omitted by finance (no. ..... of the amount said to have been spent for constructing a museum building in the southern prakaram of sri ranganathaswami temple at srirangam and electrification thereof, made under section 80g(2)(b) of the income-tax act, 1961, was disallowed on the ground that there is no cash donation to the temple. ..... section 80g(1) of the income-tax act, 1961, lays down that : ' in computing the total income of an assessee, there shall be deducted, in accordance with and subject to the provisions of this section,-- (i) in a case where the aggregate of the sums specified in sub-section (2) includes any sum specified in sub-clause (vii) of clause (a) thereof, an amount equal to the whole of such sum plus fifty per cent. ..... this tax case arises out of a reference made by the income-tax appellate tribunal, madras bench, under section 256(1) of the income-tax act, 1961. ..... 18,529 is qualified for being considered for purposes of deduction under section 80g{2)(b) of the income-tax act, 1961 ' 2. .....

Venu Charitable Society and Anr. Vs.director General of Income Tax

Court : Delhi

..... all these facts clearly prove that the applicant society is existing not solely for philanthropic purposes but existing for purposes of profit also as against the spirit of the provisions of section 10(23c)(via) of the income tax act, 1961." 5. ..... it was also seen that in respect of grants, it claimed the benefit of accumulation or set apart for future use under section 11(2) of the income tax act, 1961. ..... however, on perusal of the return of income for the ay200910 it was seen that the petitioner had claimed income amounting to `19,85,337/- to be exempt u/s 10(23c)(vi) of the income tax act, 1961. ..... similarly, entities which have been approved or notified for claiming benefit of exemption under section 10(23c) of the income tax act would not be entitled to claim any benefit of exemption under other provisions of section 10 of the act; which means that one can claim exemption under section 11 and section 10 (23c).21. ..... 7147/2012 page 7 of 18 10(23c)(via) of the income tax act,1961. ..... the sections 11, 12, 12a, 12aa and 13 of the income tax act constitute a complete code governing the grant, cancellation or withdrawal of registration, providing exemption to income, and also the conditions subject to which a charitable trust or institution is required to function in order to be eligible for exemption ..... (c) 7147/2012 page 5 of 18 it is argued that the petitioner had claimed exemption under section 11 and therefore omitted to claim exemption under section 10 (23c) for ays 2007- 08 to 2009-10.8. .....

Maple Logistics Private Limited &Anr vs.principal Chief Commissioner o ...

Court : Delhi

..... the provisions of section 33c are in parimateria borrowed from section 241 of the income tax act 1961 (omitted by the finance act 2001, w.e.f. ..... the disclaimer recorded in fine print on the intimation reads as under:-" the refund determined u/s 143(1) in this intimation has been withheld as per the provisions of section 241a of income tax act, 1961. ..... learned counsel for the respondents has produced, before us, the relevant file which contains the proforma enlisting the reasons for issuance of notice under section 143(2) of the income tax act to the petitioner which, she states, were the reasons looked at by the assessing officer while putting up his proposal the principal commissioner of income-tax for withholding of the refund under section 241 a. ..... (c) 7003/2019 page 1 of 21 reasoned order under section 241a of the income tax act (hereinafter referred to as the act ). ..... in terms of section 194c of the income tax act, the customers of the... ..... by the device of issuing an instruction in purported exercise of its power under section 119 of the act, the cbdt cannot proceed to interpret or instruct the income tax department to 'prevent' the issue of refund.in the event that a notice is issued to the assessee under section 143 (2) of the act, it will be a matter the discretion of the concerned ao whether he should process the return. 25. ..... petitioner company filed a revised income tax return in terms of section 139(5) of it act to reduce the total tds amount from rs. .....

Asoka Tile Works (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2000)75ITD348(Coch.)

..... the assessee was maintaining whatever books or records that were statutorily required to be maintained by the assessee-company under section 44aa(2)(ii) of the income-tax act, 1961 and the assessee has produced all the papers, books that were in its custody in response to the summons. ..... he also noticed that these entries were omitted to be entered in the fair book by the assessee for the purpose of assessment which was meant for production before the income-tax authorities. ..... were actually such rough cash books with the assessee, whether the inspector has mistaken the fair book to the rough cash books, whether he had actually signed in the books or wanted to sign and omitted to sign are all matters to be verified and established before levying the penalty under section 272a(1)(c) and, therefore, the penalty order is liable to be set aside.8. ..... that "whether there was actually such rough cash books in the company, whether the inspector has mistaken the fair book for a rough book, whether he has actually signed in the book or wanted to sign or omitted to sign finally are all matters to be verified and established before a penalty can be imposed." 15. ..... section 272a(1) states - (a) ** ** ** (b) ** ** ** (c) to whom a summons is issued under sub-section (1) of section 131 either to attend to give evidence or produce books of account or other documents at a certain place and time omits to attend or produce books or documents at the place or time; or he shall pay, by way of penalty, a sum of .....

Asoka Tile Works (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Cochin

..... whatever books or records that were statutorily required to be maintained by the assessee-company under section 44aa(2)(ii) of the income tax act, 1961 and the assessee has produced all the papers, books that were in its custody in response ..... omitted to be entered in the fair book by the assessee for the purpose of assessment which was meant for production before the income-tax ..... assessee, whether the inspector has mistaken the fair book to the rough cash books, whether he had actually signed in the books or wanted to sign and omitted to sign are all matters to be verified and established before levying the penalty under section 272a(1)(c) and, therefore, the penalty order is liable to be set aside.replying to the above, the learned departmental representative submitted that, an officer of the ..... cash books in the company, whether the inspector has mistaken the fair book for a rough book, whether he has actually signed in the book or wanted to sign or omitted to sign finally are all matters to be verified and established before a penalty can be imposed. ..... section 272a(i) states- (c) to whom a summons is issued under sub-section (1) of section 131 either to attend to give evidence or produce books of account or other documents at a certain place and time omits to attend or produce books or documents at the place or time; or ..........................................................................................................................................he shall pay, by .....

Harvansh and Sons Vs. Union of India (Uoi)

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 .....