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

Court : Chennai

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

..... the company was in tax arrears for the aforementioned two assessment years in the sum of rs. 27,347 and rs. 3,25,976, respectively. in ..... assessment year 1974-75 was rs. 18,855 while the tax liability for the assessment year 1978-79 came to rs. 3,58,174. 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. by that notice, it was informed to the company that ..... better to remand the matter to the concerned authority who would consider all the aspects and then come to the conclusion regarding the proceeding under section 179(1) of the income-tax act and the resultant action thereof. however, the concerned authority shall be guided by the observations made by us in this order. 13. with this, we partly allow the .....

C. Rajendran and Another Vs. Ito

Court : Chennai

Reported in : [2001]253ITR139(Mad)

..... the company was in tax arrears for the aforementioned two assessment years in the sum of rs. 27,347 and rs. 3,25,976, respectively. in ..... assessment year 1974-75 was rs. 18,855 while the tax liability for the assessment year 1978-79 came to rs. 3,58,174. 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. by that notice, it was informed to the company that ..... better to remand the matter to the concerned authority who would consider all the aspects and then come to the conclusion regarding the proceeding under section 179(1) of the income tax act and the resultant action thereof. however, the concerned authority shall be guided by the observations made by us in this order.with this, we partly allow the appeal, .....

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

Court : Delhi

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

..... -11-1998, in cw no. 4024/98 observing as under :'the grievance raised in this petition is very limited. 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. 6,99,82,700 being ..... against the common order of the commissioner (appeals) for the financial years 1989-90 to 1994-95 confirming the penalties levied under section 271c of the income tax act, 1961. since the facts are common, these appeals have been heard together and are decided by this consolidated order.2. the assessees involved have raised the common ..... may, 1995 : the project office gave information among others as under :'2. mitsui is filing tds returns as required by the income tax act, 1961. the returns are being filed under the jurisdiction of the income tax officer, tds 22(5), new delhi.3. the employees have been provided with some or all of the following payments, allowances and .....

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)

..... 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 ..... writ petitions filed by the respondent before us challenging the validity of six notices dated september 7, 1965 issued under section 148 of the income-tax act, 1961 (hereinafter referred to as the act). the notices relate to the assessment years 1949-50, 1950-51 and 1951-52, the corresponding accounting years ending on the 30th september ..... work of according sanction of the board under section 151(1) for reopening of assessments under section 147 of the income-tax act, 1961 to which he consented.4. rule 4 of the central board of direct taxes (regulation of transaction of business) rules, 1964 envisaged that chairman may by an order made with the previous .....

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

Court : Uttaranchal

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

..... ; 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. secondly ..... direct taxes. the petitioners have challenged the notification on four grounds. firstly, on 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 ..... c). it was further pointed out that by the taxation laws (amendment) act, 1984, section 17(2) and section 40a of the income-tax act were amended. that by the taxation laws (amendment) act, 1984, parliament amended the income-tax act and taxed interest free loan/concessional loan to employees for the purposes of building a .....

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

Court : Chennai

..... 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 ). in this context, the testimony of experts was also placed before the learned arbitrator, with regard to the relevant provisions of the dtaa. 15.5 ..... . 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. in my view, this submission of the respondent is completely misconceived .....

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

Court : Supreme Court of India

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

..... allowed and the question answered in favour of the assessee firm but only in respect of the business in piece-goods, yarn and banking which alone had paid tax under the income-tax act of 1918. i would therefore allow the appeals with costs here and in -the high court. order by court in accordance with the opinion of the majority ..... (4) of s. 25. the second condition of the applicability of s. 25(4) is that business must have been carried on at the commencement of the indian income-tax act (amendment) act, 1939, that is, april 1, 1939, by the person claiming the relief. the third condition is that the person carrying on the business on april 1, 1939 has ..... april 1, 1939. the contention of the department has so far succeeded and i need not give the details of the decisions of the various tribunals under the indian income- tax act and the high court, because my learned brother's judgment gives all such details. i shall therefore address myself to the questions (a) whether there was a succession .....

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

Court : Guwahati

..... question to be considered is whether surtax paid can be deducted under section 37 of the income-tax act. 17. 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 ..... arise. this is how the gujarat high court reasoned out for not deducting surtax under section 37 of the income-tax act, 1961. 13. the rajasthan high court in associated stone industries (kota) ltd. v. cit held that surtax was a tax on profits computed under the income-tax act, 1961. the deduction of surtax is prohibited under section 40(a)(ii) and, therefore, was not allowed to be deducted .....

S.U. Pumps (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (1988)27ITD290Indore

..... hyderabad income-tax act. the income-tax officer however, held that as no tax was deducted from the interest, the assessee should pay on that amount income-tax at the maximum rate under section 24(12) of the hyderabad income-tax act. held that "payment" in section 24(4) of the hyderabad income-tax act [corresponding to section 18(3a) of the indian income-tax act, 1922 ..... meaning of that sub-section so as to attract the provisions of section 24(12) of the hyderabad income-tax act [corresponding to section 18(7) of the indian income-tax act] the order of the income-tax officer demanding tax from the assessee was, therefore, not in accordance with law.7. their lordships of the supreme court ..... in section 195(1) certainly envisage actual payment of amount. when provisions of section 194a(1) are read conjectively with section 195(1) of the income-tax act, it is abundantly clear that former covers both time of credit as well as time of payment whereas the latter only refers "the time of payment .....

Mahindra and Mahindra Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1997)61ITD129(Mum.)

..... 37(3) only and not any other section. in that view of the matter, if an expenditure or allowance is allowable under sections of 1961 act and other sections of the income-tax act, 1961, the allowance cannot be withdrawn or denied to the assessee because of the prohibitory provision to section 37(4). similar view was taken in the ..... the contention that rent was allowable under section 30 and in respect of the maintenance expenses under section 31, and, therefore, neither section 37(3) of the income-tax act, 1961, nor any rules made thereunder were applicable to the case. the tribunal considered the submissions that expenditure of rs. 4,200 on rent and rs. 1, ..... referred to the hon'ble president under section 255(4) of the income-tax act, 1961 as under : "whether, the rent, repairs and taxes pertaining to the guest house maintained by the assessee can be disallowed by resorting to the provisions of section 37(4) of the income-tax act, 1961 ?" 1. the learned members have been unable to agree on an .....