Court : Uttaranchal
Reported in : [2009]309ITR85(Uttaranchal)
..... of 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. ..... /d/2003, 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. ..... 3330/2007 : [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. ..... del/99, whereby the appeal of the assessee was allowed holding that he is not liable to pay interest under section 234b of the income-tax act, 1961. ..... of 2007, initially on the return filed by the assessee no interest was charged on the tax assessed by the assessing officer, but subsequently on receiving a petition of tax evasion the assessing officer issued notice under section 148 of the act and directed that interest be charged under section 234b of the act. ..... the special provisions for computing profits and gains in connection with the business of exploration, etc. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2009)25VST168(NULL)
..... perusal of the explanation to section 8 quoted above read with section 9 of the central sales tax act, 1956, makes it abundantly clear that the interest under the aforesaid provision is payable only in respect of the admitted tax or the tax payable by the assessee shown in his return.8. ..... sub-section (2a) of section 9 of the central sales tax act, 1956, reads as under:(2a) all the provisions relating to offences, interest and penalties (including provisions relating to penalties in lieu of prosecution for an offence or in addition to the penalties or punishment for an offence but excluding the provisions relating to matters provided for in sections 10 and 10a) of the general sales tax law of each state shall, with necessary modifications, apply in relation to the assessment, reassessment, collection and the enforcement of payment of any tax required to be collected ..... under this act .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)205CTR(Uttranchal)340; [2006]285ITR321(Uttaranchal)
..... the circumstances of 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. ..... in the 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. ..... to whether 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. ..... the 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 accommodation provided ..... by the said impugned order the learned income-tax appellate tribunal had confirmed the findings of the commissioner of income-tax (appeals), dehradun (in short 'the cit (appeals)'), by which the appeals were decided in favour of the assessee.3 the brief facts are that, the assessing authority on scrutiny of the annual return of salaries filed by the assessee before the assessing officer noticed that many of the employees .....
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. ..... the contention of the respondent was that interest on securities and bonds were outside the interest-tax act as this was not interest on loans and advances. ..... 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). ..... 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. ..... the commissioner of income-tax (appeals) allowed the appeal of the respondent-nainital bank holding that 'interest on securities' cannot be treated on par with loans and advances and, therefore, the interest on government promissory notes (gp notes) amounting to rs. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)189CTR(Uttranchal)91; [2003]264ITR328(Uttaranchal)
..... 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. ..... 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. ..... (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 ? ..... --assessee to show cause why interest should not be levied under section 201(1a) of the act from the date of deduction of tax deducted at source till payment. .....
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. ..... it has been argued before us that interest free loan/concessional loan has no co-relationship with 'salary' as defined under section 17(1) read with sections 15 and 16 of the income-tax act. ..... hence, interest free loan/concessional loan has a nexus with the scheme of sections 15, 16, and 17 of the income-tax act.issues nos. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2008]298ITR88(Uttaranchal)
..... the question 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. ..... 376 and 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. ..... this appeal under section 260a of the income-tax act, 1961 (hereinafter referred to as 'the act'), is directed against the common order dated june 6, 2005, passed by the income-tax appellate tribunal, delhi bench 'e' new delhi (for short, the itat) in i.t.a. ..... the commissioner of income-tax (appeals) set aside the demand of interest on the ground that it does not contain any reason for imposition of interest under section 234b of the act.2. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2006]155TAXMAN477(NULL)
..... of the case the learned 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. ..... similarly situated made payment 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. ..... question remains for determination 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. ..... authority further calculated 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 the assessee by his ..... brief facts are that the assessing authority on scrutiny of annual return of salaries filed by the assessee before the assessing officer noticed that many of the employees were not paid house rent allowance whereas some were .....
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 together, for their disposal ..... , the 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, 1961?2. ..... rejected the claim of 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). ..... permanent establishment cannot be 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. ..... after processing the return under section 143(1)(a) of the act, the a.o ..... 1,69,57,395/- as receipt on account of interest received on income tax refunds to the assessee, and against those receipts, the assessee has shown expenses of rs ..... the respondent / assessee filed its return for the assessment year 1996-97, showing nil ..... the assessee submitted its return before the a.o. (jt ..... a non-resident company, having its office in france, in the assessment year 1999-2000 submitted its return before the a.o. (dy. ..... the return reflects that there was income of .....
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. ..... 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. ..... even if the observations of the commissioner of income-tax that such audit reports filed by the appellant along with the return did not fully satisfy the requirement of section 44ab, then too the assessment order passed by the assessing officer under section 143(3) after examining the vouchers and evidences could not be treated as erroneous and prejudicial to the interests of the revenue because for non-filing of tax audit report from an indian c.a. ..... the said vouchers, etc. ..... further, it is not in dispute in this case, that the assessee has maintained vouchers, etc. .....
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