Judgment Search Results Home > Cases Phrase: the payment of salaries and allowances amendment act 1989 1 Court: mumbai Page 1 of about 269 results (0.097 seconds)

industrial Credit and Investment Corporation of India Ltd. Vs. Fourth ...

Court : Mumbai

Reported in : (1993)47TTJ(Mumbai)401

..... the only grievance of the assessee in these appeals is that the commissioner (a) was in error in treating the conveyance allowance paid by the assessee to the employees and also the payment received by the children of the staff members under the revised education benefit scheme as part of thee salary of the employees.3. ..... in view of the foregoing, we do not consider it necessary to adjudicate on the alternate plea raised by the assessee in the course of the hearing as the assessee succeeds on its main thrust which is that conveyance allowance is not part of the salary of the employees and further payment by way of scholarship is also not salary or profit in lieu of salary.9. ..... we have heard the parties to the dispute and, in our view, the conveyance allowance paid by the assessee to its employees cannot be regarded as part of the salary paid to them. ..... 1989-90, the total number of the employees, who had received conveyance allowance of various kinds was 823 and those in the asst. yr. ..... the immediate provocation for treating these two amounts as part of the salary was the amendment brought about by the finance act, 1988 to the provisions of s. ..... 'this explanation, which was introduced by the finance act, 1989, was only with a view to removing any doubt in this regard. ..... 1989-90 and subsequent assessment years. ..... 1989-90 and 1991-92. ..... 1st april, 1989. ..... 1989-90. .....

Indian Airlines Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1996)59ITD353(Mum.)

..... (d) that the various allowances paid by the assessee are actually reimbursement of the expenses incurred by the employees and as such they do not form part of the income of the recipient and the amendment made in section 10(14) of the act with effect from 1st april, 1989 does not bring about a change in the position as it existed prior to the said amendment. ..... according to him, all payments made to an employee falls within the definition of 'salary' and no part thereof can be treated as exempt unless exemption is notified under section 10(14) of the act. ..... during the scrutiny of annual salary returns filed by the assessee, it was noticed by the assistant commissioner of income-tax, tds (salaries), bombay, that the assessee had been making payment of the following allowances to its employees mainly to the flying crew members :- 3. ..... thus it was contended that the action of the assessee in not including the payments made by way of various allowances in the salary while filings such return, is bona fide.9. ..... he has also submitted that in the annual salary returns, the assessee did not disclose these payments and the information was consciously kept back and as such the action of the assessee cannot be treated as bona fide. .....

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

..... year on or before the date as defined in the explanation below clause (va) of sub-section (1) of section 36.the second proviso was substituted by finance act, 1989 with effect from 1st april, 1989 and read as under:provided further that no deduction shall in respect of any sum referred to in clause (b) be allowed unless such sum has actually been paid in cash or to by issue of a cheque or draft or by any other mode on or before the due date as defined in the explanation below clause (va) of sub-section (1) of section 36, and where such payment has been ..... can allow the claim if the payment is within the ambit of following two conditions:i) in so far as the employer's contribution is concerned, the same shall be allowed if it has been paid up to the date of the filing of the return, as provided under section 43b; andii) in so far as the employee's contribution is concerned, the same shall be allowed if it is paid within the period allowed under the relevant rules including the grace period reckoning from the date of payment of wages/salary to the employees.we hereby restore this ground to be decided pro-tanto, hence may be treated as allowed for statistical purposes.revenue is aggrieved by the decision of the tribunal .....

M/S.Ohm Stock Brokers Pvt. Ltd. Vs. Commissioner of Income Tax-4 and A ...

Court : Mumbai

..... purport to state that there was a failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment; (iv) on the contrary, the record would indicate that there was a full disclosure of the factum of payments, of the agreements under which commission/performance bonus was paid and of the basis for the payments and there was a detailed explanation on the part of the assessee justifying the payments; and (v) in respect of the years in question, the assessee proceeded to deduct tax at source on the basis that what has been paid to the directors is salary income. ..... to allay these fears, the amending act, 1989, has again amended s.147 to reintroduce the expression `has reason to believe' in place of the words `for reasons to be recorded by him in writing, is of the opinion'. ..... was satisfied about the genuineness and the reasonableness of the payments and of the allowability of the deduction that the assessment was completed, without making any addition, under section 143(3) ..... we allow the petitions by quashing and setting aside the notices issued under section 148 of the income tax act, 1961 for the aforesaid ..... has sought to reopen the assessments on the ground that under section 36(1)(ii) only such commission payments are allowed as expenditure as "any sum paid to an employee as bonus or commission for services rendered, where such sum would not have been payable to him as profits or dividend, if it had not been paid as bonus or commission .....

Deputy Commissioner of Vs. Vickers Systems International

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)87ITD182(Mum.)

..... not exceed the amount of bonus payable under that act: provided further that the amount of the bonus (not being bonus referred to in the first proviso) or commission is reasonable with reference to- (b) the profits of the business or profession for the previous year in question; and it is pertinent to note that the first proviso and second proviso were omitted by the direct tax laws (amendment) act, 1987, with effect from 1-4-1989 ..... section 36(l)(ii) reads as under :- 36(1) the deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28- (ii) any sum paid to an employee as bonus or commission for services rendered, where such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission: provided that the deduction in respect of bonus paid to an employee employed in a factory or other establishment to which the provisions of the payment of bonus act, 1965 apply shall ..... it was further stated that as the amount did not exceed 2096 of the salary, this is also allowable under section 36(l)(ii) of the act. .....

Dy. Cit Vs. Vickers System International Ltd.

Court : Mumbai

Reported in : (2004)88TTJ(Mumbai)284

..... 'it is pertinent to note that the first proviso and second proviso were omitted by the direct tax laws (amendment) act, 1987, with effect from 1-4-1989. ..... century laissez faire doctrine which regarded man as an economic being concerned only to protect and advance his self-interest, but in the context of current socio-economic thinking which places the general interest of the community above the personal interest of the individual and believes that a business or undertaking is the product of the combined efforts of the employer and the employees and where there is sufficiently large profit, after providing for the salary or remuneration of the employer and the employees and other prior charges such as interest on capital, depreciation, reserves, etc. ..... in this case, the issue before the hon'ble high court was that whether the assessee could claim deduction of ex gratia payment made by way of bonus to the workmen, the tribunal allowed the claim under section 37 of the act. ..... it was further stated that as the amount did not exceed 20 per cent of the salary, this is also allowable under section 36(1)(ii) of the act. ..... it was stated that the amount of bonus together with ex gratia did not exceed 20 per cent of the salary. .....

Prakash Murlidhar Dalal Vs. Tata Engineering and Locomotive Co. Ltd. a ...

Court : Mumbai

Reported in : 1996(4)BomCR269; [1996(73)FLR1102]; 1996(1)MhLj654

..... the employer-company challenged the order passed by the labour court, amravati on 6-7-1988 by filing revision application under section 44 of the ulp act of 1971 before the industrial court, amravati and the revisional court, by the order dated 24-1-1989, set aside the order passed by the labour court, allowed the revision application filed by the employer-company and consequently, dismissed the complaint filed by the complainant-workman before the labour court. ..... 2 by the amendment act, 1982, defines the expression, 'industrial establishment or undertaking' and not the term 'undertaking' simpliciter. ..... the work of making payment of salaries, overtime, conveyance allowances, medical expenses, leave, travel allowance, statutory deductions such as for provident fund, income-tax, professional tax etc. ..... according to the terms of appointment, the service of the complainant-workman was governed by the employer-company's rules and regulations in force for the time being and further amended from time to time and was transferable to any of the employer-company's establishments situated in any part of india. .....

Fluid Air (India) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1997)63ITD182(Mum.)

..... . the assessee had disbursed the salary and wages to its employees for every month on 7th of succeeding month by virtue of the provisions of section 5 of the wages act and the details of amounts and dates of payment are as under :---------------------------------------------------------------- month efpf epf admn ..... legislature in its superior wisdom has redrafted the above second proviso as follows with effect from 1-4-1989 : "provided further that no deduction shall, in respect of any sum referred to in clause (b), be allowed unless such sum has actually been paid in cash or by issue of a cheque or draft or by any other mode on or before the due date as defined in the explanation below clause (va) of sub-section (1) of section 36, and where such payment has been made otherwise than in cash, the sum has been realised within ..... . 35.5 the amendment takes effect from april 1, 1984 and will, accordingly, apply in relation to the assessment year 1984-85 and subsequent years." 10 ..... ." the notable omission in the amended proviso is the expression "during the previous year" .....

Smruti Trading Company Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... thus, if the huf is in law incapable of entering into partnership with another person, it is difficult to see how in the present case, the payment of salary to h. ..... mehrotra (supra) cited by the learned senior departmental representative, it has been clearly held that there is no conflict between the cases where the allowability of the remuneration paid to the partner by the firm was considered and those cases where the question, whether salary so paid constituted the individual income of the partner or income of the joint family was resolved, we are, therefore, clearly of the opinion that there is no such proposition of law as is laid down by the cit.17. ..... , these explanations are confined to payment of interest alone and therefore so far as the representative capacity is concerned, the same cannot be recognised where payment of salary is involved. ..... thus, if under the partnership law, an huf as such cannot become a partner in a firm and it is only the person who represents the huf, such as the karta or the manager, who can in law be considered as a partner of the firm, it is difficult to agree with the contention of the learned senior departmental representative that since the huf as such cannot be considered as a working partner, the payment made to patel, the karta, cannot be considered as a payment of remuneration to a working partner.in fact, an huf cannot be considered a partner at all as we have explained ..... 40(b) by the taxation laws (amendment) act, 1984, w.e.f.asst. .....

Madanlal Sharma Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2004(1)ALLMR216; 2004(1)MhLj581

..... the petitioner was entitled for payment of salary for the period from 2-11-1962 to 1-11-1963 and for the payment of subsistence allowance or salary from 2-11-1963 till the date of his superannuation;(c) whether the challenge to the suspension order dated 2-11-1963 and also the relief for payment of salary, as well as, subsistence allowance was hit by limitation under section 21 of the administrative tribunals act, 1985 (for short, hereinafter referred to as 'the act');(d) whether the dismissal order dated 6-1-1987 is vitiated on account of non-payment of salary and subsistence allowance, during the period of suspension;(e) whether the said dismissal order is a nullity in law; and(f) whether the challenge to the ..... . even in the subsequent order dated 21st march, 2002, it has been observed by the high court that the question of delay will have to be considered, provided the petitioner seeks amendment to the petition ..... . 1989 (2) c.l.r .....