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

Court : Delhi

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

ordernathu ram, a.m.these are the appeals preferred by the assessees 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. ..... in the orders of the deputy commissioner and commissioner (appeals) repeated the factual inaccuracies in the orders of the deputy commissioner as per details below :'(a) although in a case where a foreign employer has no presence in india, the machinery provisions for deduction of tax at source may not apply, but, because in this case the employer had a presence by way of its liaison office and power project, the plea that section 192 has no extra-territorial operation, was not acceptable. ..... apart from the fact that no evidence of such legal opinion has been filed and the legal position was clear right from 1983 when finance act, 1983, added explanationn to section 9(1)(ii), subsequent events and acts of the appellant in this regard throw light on the intention of the appellant in respect of the acts done or omitted to be done earlier.5.20. ..... we think we had better propose an action plan to a committee for five major companies. ..... following five points are decided:1. .....

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. ..... local authority in respect of the property shall, to the extent such taxes are borne by the owner, be deducted in determining the annual value of the property :provided further that in the case of a building comprising one or more residential units the erection of which is begun and completed after the 1st day of april, 1961, the annual value as determined under this sub-section shall, for a period of three years from the date of completion of the building, be reduced by a sum ..... cit : [1947]15itr319(bom) , that, in arriving at the annual value of property, being the sum for which the property might reasonably be expected to let from year to year, for the purposes of income-tax, local or municipal taxes cannot be deducted.5. mr. .....

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

Court : Chennai

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

..... served to the directors of the company, the petitioners in the writ petition, under section 179(1) of the income-tax act, 1961. ..... 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. ..... whereas under section 179 of the act it is only in case the tax cannot be recovered from the company that the liability of the director arises or the liability ..... draws our attention to the order passed by the learned single judge and points out that the aforementioned judgment in sundararatnan's case : [1995]215itr9(mad) pertained only to the aspect of retrospectivity of section 179(1) of the income-tax act. ..... was made before the learned single judge also and, in our opinion, the learned judge has correctly observed that the recoveries could be made only to the extent of the tax arrears or the tax liability found finally in the appeal or revision, as the case may be. ..... it is only in cases where the tax cannot be recovered from the company that the ..... in the case of the principal debtor and surety, the liability of the surety is co-extensive with that of the principal debtor and, therefore, both the principal debtor and the surety .....

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)

..... narayana row, member, central board of direct taxes gave sanction for the reopening of the assessments under section 147 of the income-tax act, 1961 in the aforesaid case on 11-8-1965.4. ..... 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 shri s. a. l. ..... that pursuant to the duty assigned to him under section 147 of the income-tax act, 1961 in the aforesaid rule 4 of the central board of direct taxes (regulation of transaction of business) rules 1964, shri s. a. l. ..... narayana row, 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. ..... dehejia, secretary of the ministry of finance (department of revenue and expenditure) appended his signature below shri singh's. ..... below the sentence conveying shri row's assent to the proposal, the chairman wrote 'thanks'. .....

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. ..... could not be recovered from the company and that chandrasekara mudaliar was the managing 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. ..... whereas under section 179 of the act it is only in case the tax cannot be recovered from the company that the liability of the director arises or the liability itself ..... appellant draws our attention to the order passed by the learned single judge and points out that the aforementioned judgment in sundararaman's case (supra) pertained only to the aspect of retrospectivity of section 179(1) of the income tax act. ..... was made before the learned single judge also and, in our opinion, the learned judge has correctly observed that the recoveries could be made only to the extent of the tax arrears or the tax liability found finally in the appeal or revision, as the case may be. ..... it is only in cases where the tax cannot be recovered from the company that the liability ..... in the case of the principal debtor and surety the liability of the surety is co-extensive with that of the principal debtor and, therefore, both the principal debtor and the surety .....

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

Court : Uttaranchal

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

..... 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 ; 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. ..... rule was 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 law ..... circumstances, the central board of direct taxes had issued the notification, which was not only contrary to section 17(2)(vi) of the income-tax act, but it was also contrary to the judgment of the apex court in salgaocar's case manu/sc/0271/2000 : [2000]243itr383(sc) ..... the income-tax act, one has to go by the assessment year relevant to the previous accounting year. ..... he argued that the finance act, 2001, specifically applied the amended law with effect from april 1, 2002, i.e, for the assessment year 2002-2003 relevant to the previous year ending march 31, 2002, and, therefore, there was no retrospective operation of the impugned ..... it covers the assessment year 2002-2003 relevant to the accounting year ending on march .....

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 any asset : (ii) ..... . the same has not been specifically provided in the rule in the instant case and, therefore, it uses the words 'other than the amount referred to in clause (i)(a)', which is nothing but the amount paid as advance tax under section 210 of the income-tax act, 1961.15 ..... company does not end on the valuation date, for not less than three continuous accounting years ending on a date immediately before the valuation date the market value of such share shall be as indicated in the table below : the tablenumber of accounting years ending on the valuation date or in a case where the accounting year does not end on the valuation date, the number of accounting years ending on a date immediately preceding the valuation date, for which no dividend has ..... . five years77do .....

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

Court : Chennai

..... 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. ..... this context, it was submitted that, once, the necessary notification is issued by the central government, under section 90 of the income tax act, for the implementation of the dtaa, the provisions of dtaa would, automatically, override the provisions of the said act, in matters concerning the chargeability of income to tax, and, where inconsistency was found as between the provisions of the income tax act and the dtaa. 20.6. ..... or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income- tax thereon at the rates in force: provided that in the case of interest payable by the government or a public sector bank within the meaning of clause (23d) of section 10 or a public financial institution within the meaning of that clause, deduction of tax shall be made only at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode. ..... the department, therefore, not only requires the words "chargeable under the provisions of the act" to be omitted, it also leads to an absurd consequence ........ ..... of convenience, that part of the testimony of mr.bhaskar is extracted herein below: .... .....

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

Court : Supreme Court of India

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

..... indian income-tax (amendment) act, 1939 carrying on any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is succeeded in such capacity by another person, the change not being merely a change in the constitution of a partnership, no tax shall be payable by the first mentioned person in respect of the income, profits and gains of the period between the end of the previous year and the date of such succession both these sub-sections gave ..... as the present appeals relate only to a business carried on by a firm, in discussing these conditions we will omit all refer- ences to the professions, vocations and owners of businesses other than firms. ..... 66 (2) of the act and the high court directed the tribunal to refer the following question for determination by it: "whether, on the facts and in the circumstances of the case, the assessee is not entitled to relief under section 25 (4) of the indian income-tax act, and to what extent? ..... it was pointed out that the family did not carry on separate businesses at each of the five places but had only a number of branches at these places of the same business and in order that there, might be a succession, it was necessary that the person succeeding should have succeeded his predecessor in carrying on the ..... (3) of that section will throw useful light on the matter in question and so we set both these sub-sections out below: s. .....

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

Court : Guwahati

..... the calcutta high court, in the first case, grappled with the definition of tax in section 2(43) of the income-tax act, 1961, and held that the definition of 'tax' in the context is inapplicable. ..... 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. ..... this reference is made under sub-section (1) of section 256 of the income-tax act, 1961, at the instance of the assessee, a tea company with the name doom dooma tea company ltd. ..... in the income-tax act, 1961, before any amount is deducted under section 37, it is to be seen whether such an amount is prohibited under section 40(a)(ii) of the act. ..... the word 'income' is defined in clause (24) of section 2 of the income-tax act, 1961, to include profits or gains. ..... this is how the gujarat high court reasoned out for not deducting surtax under section 37 of the income-tax act, 1961. 13. ..... the wanchoo committee report pointed out in their report on direct taxes that in the early sixties evils of black money sprawled all over the body of the state. ..... the surtax is discontinued for and after the assessment year 1988-89 under the finance act, 1986. 3. ..... in the former, tax is levied on chargeable profits of the previous year that exceed a statutory limit at the rates specified in the third schedule. ..... the reference relates to the assessment year 1975-76. .....