Judgment Search Results Home > Cases Phrase: tax on lotteries act 2004 section 30 compounding offences Page 3 of about 513 results (0.061 seconds)

Mahaveer Kumar JaIn Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1993)45ITD634(JP.)

..... but in the case of a person to whom the provisions of income-tax act, 1961 were applicable, particularly between 1972-1974, winnings from sikkim lottery were assessable as per provisions of section 80tt of the act (inserted w.e.f. ..... therefore, deductions made from \winnings from sikkim lotteries on account of agent's/seller's commission and/or payment of tax called income-tax, would not debar the assessment of that income as per provisions of the income-tax act, 1961.21. ..... (ii) if the assessee's ground on the above claim is admitted for adjudication by the hon'ble itat a finding may also be given to hold that the tax charged by the sikkim state was merely a local tax and not the it deducted or paid under the it act and hence the assessee had made a false claim under section 199 for tds amounting to rs. ..... even if section 23(5) provides for the machinery for collection and recovery of the tax, once the legislature has, in clear terms, indicated that the income of the firm can be taxed in accordance with the finance act of 1956 as also the income in the hands of the partners, the distinction a charging and a machinery section is of no consequence. ..... it is altogether a different thing that a part of the total income is not liable to tax as per provisions contained in explanation 2 to section 5 or is deductible in the computation of the total income under any other provision of the act or is entitled to double taxation relief under chapter ix of the act.20. .....

Mahaveer Kumar Jain Vs. Commnr. Of Income Tax

Court : Supreme Court of India

..... however, in the present case, we find that the amount has been earned by the appellant-assessee in the state of sikkim and the amount of lottery prize was sent by the government of sikkim to jaipur on the request made by the appellant.10) the result, therefore, is that, while section 5 of the it act would not be applicable, the existing sikkim state income tax rules, 1948 would be applicable. ..... to various other countries but still the income accruing and arising in foreign countries can be brought to tax provided the assessee is resident and ordinarily resident and further the income accrued or received in any territory which is considered to be a part of india is within the net of it act.9) the appellant, being a resident of rajasthan, received the income arising from winning of lotteries from sikkim during the assessment year in question was liable to be included in the hands of the ..... agrawal, j.1) the present appeal has been preferred against the final judgment and order dated 10.09.2004 passed by the high court of judicature for rajasthan, bench at jaipur in d.b.i.t. ..... g) aggrieved by the judgment and order dated 10.09.2004, the appellant-assessee has preferred this appeal by way of special leave before this court. ..... f) a division bench of the high court, vide judgment and order dated 10.09.2004, answered the questions raised in affirmative. .....

Srikant G. Shah Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)108ITD577(Mum.)

..... shown in the returns of income filed by the assessee for four assessment years and the assessments were completed on the basis of the returns subsequently, re-assessment proceedings were taken under section 34 of the indian income tax act, 1922 {analogous to section 147 of the income tax act, 1961, on the ground that interest income had escaped assessment the relevant lacts of this case after the commencement of re-assessment proceedings are stated at page 7 14 of the ..... writ petition before the hon'ble bombay high court and the high court held as under: held, (i) that merely because the assessee offered the prize money won in the lottery of the sikkim government, to tax under the income tax act, 1961 that would not take away her right to contend that the prize money was not chargeable and assessable to tax under the income tax act, 1961 in the revisional jurisdiction. ..... prize money won by the assessee from the lottery of the government of sikkim could have been charged to tax only in accordance with the then existing income tax laws in the state of sikkim and could not be charged to lax under the income tax act, 1961.11. ..... also the hon'ble bombay high court observed that merely because the assessee offered the prize money won in the lottery of the sikkim government, that would not take away her right to contend that the prize money was not chargeable to tax under income tax act, 1961. ..... the month of august, 1987, she won a lottery of the government of sikkim having a prize money .....

Surajmull Nagarmull and ors. Vs. the Commissioner of Income Tax

Court : Kolkata

Reported in : AIR1961Cal578

..... in the meenakshi mills case, : [1954]26itr713(sc) and muthiah's case, : [1956]29itr390(sc) , the same field was occupied by two statutory provisions (section 5(4) or 5(1) of the taxation on income (investigation commission) act on one side, and section 34 (old and amended) of the indian income-tax act, on the other), disclosing drastic differences in procedure and consequence, and it was left to the executive to make a selective application of either the one or ..... dated the 10th january, 1948 paragraphs 286 (page; 131) and 295 emphasising the plea for power to search and seize as showing the urgent need and the birth struggles of section 37 (2) of the incometax act, (2) budget speech of 1956-57, at pages 40-41 in parliament reported also in 29th volume of the incometax report, (3) the-report of the taxation' enquiry commission 1953-54, 2nd volume ..... harrison road, calcutta and the compound, offices, outhouses' or other places connected therewith where you have reason to believe that any books of account or other documents which in your opinion will be useful for or relevant to any proceeding in respect of the assessee noted in the margin (herein ( )) under the indian income-tax act may be found and to examine them if found; (ii) to seize any such ..... in section 2(b) and proviso to section 4(a) of the west bengal tribunals of criminal jurisdiction act 14 of 1952 under article 14 of the constitution even though the preamble to the act referred to the 'speedy trial' of the offences.31. .....

Asstt. Commissioner of Wealth Tax Vs. Smt. Mrunalinidevi Puar of Dhar

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2007)106ITD541Indore

..... can also be subjected to administration, an administration is granted to the persons specified in relevant provisions of indian succession act.letters of administration as provided under indian succession act, entitle the administrator to all rights belonging to the intestate as effectually as if the administration has been granted, at the moment of his death and as per section 168 of income tax act, the reference in explanation to "...other person administering the estate of a deceased person" is intended to apply to ..... the assessing officer has pleaded that since late husband of the assessee died without executing any will, therefore, provisions of section 19a of wealth tax act which corresponds with the provisions of section 168 of income tax act was for as explanation contained in this provision is concerned, does not apply in this case. ..... , however, does not make any significant difference to the interpretation of section 19a of the wealth-tax act, 1957, and section 168 of the income-tax act in so far as the explanations attached to those provisions which are ..... the income tax act and wealth tax act, though operate in different field as the first deals with the income received or accrued throughout the assessment year, the other deals with net wealth as on valuation date, yet however does not make any significant difference to the interpretation of section 19a of wealth tax act as section 168 of the income tax act, in so far as the explanation attached to those provision which .....

Modu Timblo Vs. First Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

..... it was submitted that in view of the stay granted by the wealth-tax officer under section 31(7) of the wealth-tax act, by passing a speaking order, the department had accepted the position that there was a prohibition on remittance and, hence the very basis for distinguishing the judgment of the gujarat high ..... also declined to express an opinion on the alleged stay granted by the wealth-tax officer in terms of section 31(7) of the wealth-tax act as in his opinion, it was not relevant for the purpose. ..... shri dastur also brought to our notice the wealth-tax officer's action of keeping the demand in abeyance under section 31(7) of the wealth-tax act for the assessment year 1969-70 and of not treating the ..... 12 of the order of the tribunal the following observations : "we express no opinion on the alleged stay granted by the wealth-tax officer in terms of section 31(7) of the wealth-tax act as the same is not relevant for our purposes." 74. ..... (4) the very action of the assessing authority in invoking the provisions of section 31(7) of the wealth-tax act, to keep the demands in abeyance was proof enough that there was a bar/ ..... if it was the intention of the tribunal not to act upon such evidence and to depart from the accepted position of the wealth-tax officer in the order under section 31(7) it should have called for, in all fairness for further evidence from the parties to support or disprove the assessee's plea regarding restriction on remittances.however, nowhere in the body of the order .....

Commissioner of Income-tax Vs. Kapoorchand Shrimal

Court : Andhra Pradesh

Reported in : [1974]95ITR20(AP)

..... the assessments were pending, and the assessments were completed after the date of partition of the hindu undivided family by metes and bounds, the income-tax officer was bound to follow the procedure laid down under section 25a(2) of the act, that is to say, that the income-tax officer should have still made the assessments on the total income received by or on behalf of the joint family, as if no partition had taken place, and then to apportion ..... the assessee, inter alia, challenged the validity of those assessments on the ground that it was incumbent upon the income-tax officer to pass an order on the assessee's application under section 25a of the act, before he completed the assessments and not having done so in this case, all the assessments for the assessment years under reference were invalid in law. ..... , or march 11, 1962, which dates fell during the period when the assessments stood cancelled, could not be said to be a claim for partition made at the time of making an assessment under section 23 of the act for that year; and (ii) the assessments did not become invalid or illegal by reason of the omission of the income-tax officer to make an order under section 25a(1) of the act for the reasons stated by him in the assessment order for the year 1957-58.7. .....

R.C.Auto Centre Vs. Income Tax Officer

Court : Chennai

..... assessee was however rejected by the assessing officer on the ground that the assessee's turnover during the year was rs.5,56,35,636/- and the assessee's accounts were audited by a qualified chartered accountant as required under section 44ab of the income tax act; there was nothing on record in the audit report to show that the closing stock was on estimate basis only and that the sales suppressions were introduced in the names of sundry creditors; the ..... , the assessee submitted that the application before the settlement commission was pending and hence, the additional amount of rs.1,59,32,252/- under section 68 of the income tax act be deleted in full and in its place, the said amount would be treated as 'profits from business'. ..... in the background of the facts stated, the assessing officer invoked section 68 of the income tax act and treated the above amount as ''income unexplained cash credit .3 ..... respondent tax case (appeal) filed under section 260a of the income tax act, 1961, against the order of the income tax appellate tribunal madras 'd' bench, dated 01.11.2013, in i.t.a.no.187/mds/ ..... , accounts were audited by a qualified chartered accountant as required under section 44ab of the income tax act. ..... the turnover had not been recorded in the books of accounts and had not been offered as 'sales turnover', the assessee filed their application before the settlement commission under 245c of the income tax act, offering additional income for those assessment years referred to above. .....

A.H.M. AllaudIn Vs. the Commissioner of Income-tax

Court : Chennai

Reported in : (1964)1MLJ426

..... the matter came on a reference to the high court, and the learned judges pointed out that as section 50 of the indian income-tax act did not prescribe how and in what manner the claim was to be made, a claim in any form, if made within four years, would satisfy the requirements of the statute. ..... it is true that the precise quantum of the refund due to the assessee would depend upon such final assessment and it is common knowledge that assessments in foreign countries, take much longer than four years to be completed, section 50 of the income-tax act, however, fixed a period of limitation of four years within which the claim to refund has to be made. ..... subsequently the records were transferred to bombay, where the decision in the reliegh investment case : [1943]11itr393(cal) was not binding, and proceedings under section 34 of the indian income-tax act, were started for all the assessment years. ..... the case before the calcutta high court was further complicated by the fact that even the assessments in those cases were made under section 34 beyond the period of four years specified in section 50 of the income-tax act. ..... it is not disputed that the assessee is entitled to refund by virtue of the notification issued by the government of india under section 49-a of the income-tax act. .....

Abdulla Gani Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1992)43ITD180(Mum.)

..... what was important in customs proceedings was mere possession of the contraband goods, whereas an addition under section 69a of.the income-tax act can be made only where an assessee is found to be the owner of any money, bullion, jewellery or other valuable articles. ..... moreover, the law enacted in the income-tax act requires the income-tax authorities proposing an addition under section 69a to record an independent finding to the effect that the assessee has been found to be the owner of the bullion or articles seized. ..... on 13-11-1987, the assessee through his chartered accountant, approached the commissioner for relief under section 132(11) stating that the amount of cash seized was in performance and satisfaction of the tax liabilities of the assessee for that assessment year and the question of levy of penalty or interest would not arise. ..... 10,00,000(ii) undisclosed source towards drawings for on the basis of the above, the assessing officer levied interest under section 217 of the act for not filing the estimate of tax as required under section 209a. ..... the income-tax officer also recorded that these were leviable since no statement under section 132(4) of the act, was recorded. ..... the liability of advance-tax could, in no case, exceed the amount seized and, therefore, there was absolutely no justification for levying interest under section 217 of the act.4. ..... 2,20,995 under section 217 of the income-tax act. .....