Court : Uttaranchal
Reported in : [2009]309ITR85(Uttaranchal)
..... , in which the appeal of the revenue is dismissed and the order of the commissioner of income-tax (appeals) (hereinafter referred as the commissioner of income-tax (appeals)) is affirmed that the assessee is not liable to pay the interest under section 234b of the income-tax act, 1961. ..... 2007 : [2007]293itr194(sc) , when a penalty was imposed on the employer under section 201 of the income-tax act, 1961, for not complying with the provisions of section 195 of the act, the apex court held that for default on the part of the employer's failure to deduct the tax, penalty was leviable under section 201(1) of the act and it allowed the appeal of the revenue in the said case.10. ..... 2007, the assessing officer (hereinafter referred as 'the ao') while assessing the tax under section 143 of the income-tax act, 1961, on the income shown in the return, directed that interest be charged under section 234b of the act. ..... , the assessee went in appeal before the income-tax appellate tribunal (hereinafter referred as 'the itat'), which allowed the appeal and held that the interest is not payable by the assessee under section 234b of the aforesaid act as the assessee itself is not liable to deduct tax at source in order to pay advance tax under section 208 of the act. ..... vashistha, learned counsel for the appellants/revenue argued that since tax was admittedly liable to be deducted at source and there was default in the deduction as such assessee is liable to pay the interest under section 234b of the act. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2009)25VST168(NULL)
..... question of law involved in the revision is as under:whether, on the facts and in the circumstances of the case, the tribunal erred in law in knocking off the interest imposed by the assessing officer, ignoring the provision contained in section 9 of the central sales tax act, 19563. ..... trade tax act, 1948) adoption and modification order, 2002 read with section 80 of the uttaranchal vat act, 2005, are directed against the order dated september 8, 2006 passed by trade tax tribunal, uttarakhand, in appeal ..... of 2006, whereby the appeals of the respondent/assessee are allowed setting aside the order passed by the joint commissioner (appeal) affirming the order of the assessing officer dated march 11, 2003 passed under section 22 of the aforesaid act.2. ..... tribunal after hearing the parties vide its order dated september 8, 2006 allowed the appeal and knocked out the interest part from the assessment order. ..... both these revisions have arisen out of the same order and involve the same question of law and are, therefore, taken together for ..... the ground that form 'c', relating to certain transactions, were not shown, was also paid, after the assessment order was passed, within time, as such there is no liability to pay interest demanded by a.o.9. ..... assessee submitted the form c and the assessment order was rectified under section 22 of the u.p. ..... dealer preferred first appeal before the joint commissioner (appeal), trade tax, haldwani, who vide his order dated may 19, 2006 affirmed the order of the a.o. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)205CTR(Uttranchal)340; [2006]285ITR321(Uttaranchal)
..... the case, the learned income-tax appellate tribunal was legally, justified in holding that no perquisite arose on account of concessional accommodation facility provided by the employer to its employees and the assessing officer was not justified in charging interest under section 201/201(1a) of the income-tax act ?5. ..... same manner and to the same extent and the assessee took the plea that no concession was enjoyed by any employee within the meaning of section 17 of the income-tax act, 1961 (hereinafter referred to as 'the act') and no deductions were made by the assessing officer. ..... the concession given by the assessee to its employees is perquisite within the meaning of section 17 of the act and is liable to be charged under the income-tax act. ..... madhya pradesh high court in its judgment has held as under (page 940):sub-clause (ii) of the definition of 'perquisite' in section 17(2) extends the meaning of that term by including therein 'the value of any concession in the matter of rent respecting any ..... are involved in all these appeals, therefore, they are being disposed of by this common order.2 these appeals have been filed by the appellants against the common order passed by the learned income-tax appellate tribunal, delhi bench 'c' delhi (in short 'itat') dated august 1, 2001, ..... it was contended on behalf of the revenue/department that under rule 3 the assessee must be held to be enjoying the perquisite because the employees are paying the rent less than the leased amount and .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2006]284ITR48(Uttaranchal)
..... the following question of law arises for the assessment year 1995-96 :whether the tribunal was correct in law in holding that 'interest on securities' is not chargeable to interest-tax under the interest-tax act, 1974, for the assessment year 1995-96 5. ..... he, therefore, submits that interest received by the banks on securities and bonds was taxable under the interest-tax act, 1974.6. ..... manu/tn/0270/1996 : [1997]228itr697(mad) , and held that interest on government securities is not chargeable to tax under the interest-tax act and dismissed the appeal of the income-tax department. ..... this appeal under section 260a of the income-tax act, 1961 has been preferred against the order dated november 25, 2004, passed by the income-tax appellate tribunal, lucknow, in income-tax appeal no. ..... learned counsel for the appellant contended that because the legislature intended to tax interest on securities, the exclusionary clause was deleted and thereby interest on securities came within the ambit of the expression 'interest on loans and advances' in the main section 2(7). ..... the department preferred an appeal against the said order before the income-tax appellate tribunal (hereinafter referred to as 'the itat') ..... the income-tax appellate tribunal in its order dated november 25, 2004, observed that the issue raised is squarely covered by the decision of the high court of madras in cit v ..... against the said order the respondent filed an appeal before the commissioner of income-tax (appeals). ..... no order as to costs .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)189CTR(Uttranchal)91; [2003]264ITR328(Uttaranchal)
..... on that notice the assessing officer passed an order on july 21, 1999, under section 201(1a) of the income-tax act charging interest on hyundai heavy industries co. ..... being aggrieved the assessee carried the matter in appeal to the income-tax appellate tribunal which took the view that in the quantum appeals it has been held that free boarding on the rigs was not a perquisite under section 17(2)(iii) and those decisions have not been challenged by the department and therefore interest under section 201(1a) of the income-tax act was not leviable on hyundai heavy industries co. ..... , the assessee, was charged with interest under section 201(1a) of the income-tax act, 1961, for short payment of tax deducted at source from the salary of its employee for the assessment year 1994-95 ..... (2) whether, on the facts and in the circumstances of the case, the learned income-tax appellate tribunal was legally correct in holding that no perquisite arose on account of free accommodation facility provided by the employer to its employees and the assessing officer was not justified in charging interest under section 201/201(1a) of the income-tax act ? ..... , on april 27, 1998, notice was issued under section 201 of the income-tax act to hyundai heavy industries co. ..... (employer) for short payment of the tax deducted at source to the revenue on the ground that free boarding constituted a perquisite under section 17(2)(iii) of the income-tax act and on that perquisite the assessee had failed to collect the tax. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)
..... he also invited our attention to section 15 and section 16 of the income-tax act and he contended that section 15, section 16 and section 17 should be read together and if they are read together, it is clear that interest free loans/concessional loans and other free benefits/amenities like free meals, free education, credit card facilities, etc. ..... 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 house/motor car under section 17(2)(vi) with effect from april 1, 1985. ..... it was further argued that interest free loan/concessional loan given by the life insurance corporation had no co-relation with salary as defined under section 17 of the income-tax act and further that such interest free loan/concessional loan had no co-relation with the computation of salary income under the scheme of sections 15; 16 and 17 of the income-tax act. ..... posti, learned counsel for the revenue, argued that under section 17(2)(vi), the central board of direct taxes is authorised not only to prescribe the value of any other fringe benefit, but it is also authorised to identify any benefit or amenity as a fringe benefit/amenity. ..... they are required to possess cars in order to go to places to canvass business for the life insurance corporation. ..... no order as to costs. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2008]298ITR88(Uttaranchal)
..... that arises for consideration in this appeal is as under:whether the learned income-tax appellate tribunal was legally justified in law and on facts in dismissing the appeal of the revenue and upholding the order of the commissioner of income-tax (appeals) by deleting the interest under section 234b in spite of the fact that the assessee had failed to make payments of advance tax in accordance with the provisions of section 209 read with section 234b of the income-tax act, 19614. ..... __________________________________________________________________________ income assessed 4,80,210 tax thereon 1, 92,084 add: interest 234b 1,46,545 244a withdrawn 650 220(2) 9,758 1,56,913 total tax and interest ____________ 3,48,997 less: taxes paid 7,16,845 __________ refundable 3,67,808 add: interest under section 244a 9,236 __________ total refundable 3,77,044 __________________________________________________________________________4.1 the assessment order dated november 24, 2000, was revised and the department was directed to refund the amount ..... 377/del/2003 pertaining to the assessment years 1997-98 and 1998-99 respectively, whereby the income-tax appellate tribunal has dismissed the appeal of the department and confirmed the order of the commissioner of income-tax (appeals), who set aside the recovery of interest under section 154 calculated according to the provisions of section 234b of the act while revising the original assessment order passed under section 143(3) dated november 24, 2000. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2006]155TAXMAN477(NULL)
..... itat was legally, justified in holding that no perquisite arose on account of concessional accommodation facility provided by the employer to its employees and the assessing officer was not justified in charging interest under section 201/201(1a) of the income tax act ?'5. ..... of rent in the same manner and to the same extent and the assessee took a plea that no concession was enjoyed by any employee within the meaning of section 17 of the income tax act, 1961 (hereinafter referred to as 'the act') and no deductions were made by the assessing officer. ..... as to whether the concession given by the assessee to its employees is perquisite within the meaning of section 17 of the act is liable to be charged under the income tax act. ..... the short deduction of tax and also charged interest under section 201(1a) and the short deduction of tax was computed at rs ..... the madhya pradesh high court in its judgment has held as under:'sub-clause (h) of the definition of 'perquisite' in section 17(2) extends the meaning of that terms by including therein 'the value of any concession in the matter of rent respecting any accommodation provided to ..... appeals have been filed by the appellants against the common order passed by learned income tax appellate tribunal, delhi bench 'c', delhi (in short 'itat'), ..... it was contended on behalf of the revenue department that under rule 3 the assessee must be held to be enjoying the perquisite because the employees are paying the rent less than the leased amount and it is a .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2009)226CTR(Uttranchal)94; [2009]317ITR18(Uttaranchal); [2009]181TAXMAN262(NULL)
..... in all these three appeals, preferred under section 260-a of the income tax act, 1961, common questions of law are involved, as such, the appeals are being taken up ..... income tax appellate tribunal has erred in law in holding that the expenses claimed by the assessee were allowable and constitute business loss to be set off under section 71 of the income tax act, ..... the assessee on account of expenses for the year, as the assessee did not carry any business during that period in india, and held that no set off is allowable under section 71 of the income tax act, 1961 (for brevity hereinafter referred as the act). ..... having heard learned counsel for the parties and after going through the impugned orders, we do not find that it is a case where the finding of fact has been challenged by the revenue, but it is a question of law which has been raised as to whether, when the assessee had its permanent business establishment outside india (with no office in india) and the contract under which ..... equated to a business connection, since the former is for the purpose of assessment of income of a non-resident under a double taxation avoidance agreement, and the latter is for the application of section 9 of the income tax act.'10. ..... interest under section 234 of the act ..... interest received from the refund of income tax. ..... interest received from the refund of income tax. ..... 1,69,57,395/- as receipt on account of interest received on income tax refunds to the assessee, and against those receipts, the assessee .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2008]300ITR435(Uttaranchal)
..... , if at all, levy of penalty under section 271b of the income-tax act could be considered but the assessment order passed after making enquiry and looking into the supporting vouchers of receipt and expenses could not be treated as erroneous and prejudicial to the interests of the revenue and the right of the assessee to get assessed on its real income under section 143(3) on the basis of the normal computational provision of the law cannot be taken away. ..... the commissioner of income-tax in revision under section 263 of the act revised the order of the assessing officer on the ground that the books of account were not duly audited by the indian chartered accountant as required under section 44ab of the act and it was not explained to the assessing officer properly. ..... in paragraph 4 of his assessment order, the assessing officer has discussed about the receipts in the hands of the assessee and the expenses incurred by it by specifically mentioning that the assessee had claimed the benefit of india-australia double taxation avoidance agreement and after discussing sections 5 and 9 of the income-tax act and article 7 of the double taxation avoidance agreement between india and australia, he accepted the revised loss of rs. ..... this factual finding has not been disputed by bringing any document on record in this revision. .....
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