Skip to content


Judgment Search Results Home  Phrase:income tax act 1961 section 194

Dec 21 2000

Mrs. Kanti Singh & Others Vs. The Project and Equipment Corporation of ...

  • Decided on : 21-Dec-2000

Court : Delhi

Reported in : 2001IIIAD(Delhi)686

... amount. i have heard learned counsel for the parties and gone through the record. it is contended by learned counsel for the judgment-debtor and that of income-tax department that according to section 194(1) of income-tax act, 1961 all the receipts by the decree-holder were taxable. the receipts in the present case are for the use of the property and it is contended that ... the same are amenable to section 194(1) of the income-tax act. on the other hand, learned counsel for the decree-holder has contended that in the execution petition the decree-holder ... in pursuance of the decree passed by the court. he also contends that in any case, the mesne profits or interest accrued there upon cannot be included under section 194(1) of the income-tax act.2. the decree for possession and mesne profits in this case was passed in favor of the decree-holders and against the judgment-debtor vide judgment dated 15th december ... this issue, as in execution proceedings the court cannot go behind the decree. deduction of tds is in fact a matter between judgment-debtor and the income tax department. it would be open to the income tax department at the time of making assessment for the relevant years to assess the receipts in the hinds of the decree-holder in accordance with law.6 ...

Tag this Judgment!
Oct 23 1987

Her Highness Setu Parvati Bayi, Maharani of Travancore Vs. Commissione ...

  • Decided on : 23-Oct-1987

Court : Kerala

Reported in : (1988)68CTR(Ker)189; [1988]170ITR197(Ker)

... of rs. 1,50,255 and paid to her as net dividend a sum of rs. 1,11,696 after deducting at source of rs. 34,559 under section 194 of the income-tax act, 1961. the wealth-tax officer treated the total sum of rs. 1,50,255, being the gross dividend, as an accretion to the net wealth of the assessee during the relevant year ... and the assessee was assessed on that basis. aggrieved by this decision, the assessee appealed contending that the tax deducted at source under section 194 of the income-tax act was not part of her ... default in respect of the tax' and visited with the consequences stipulated under section 201 of the income-tax act. at the same time, there is a bar against direct demand on the assessee to the extent of the tax deducted at source. section 205 of the income-tax act says :'where tax is deductible at the source under sections 192 - 194, section 194a, section 194b, section 194bb, section 194c, section 194d and section 195, the assessee shall not ...

Tag this Judgment!
Oct 21 2008

The Commissioner of Income Tax and The Income Tax Officer (TDS) Vs. Or ...

  • Decided on : 21-Oct-2008

Court : Karnataka

Reported in : (2009)223CTR(Kar)102; ILR2009KAR1340; [2009]315ITR102(KAR); [2009]315ITR102(Karn); [2009]183TAXMAN186(Kar)

... k. sreedhar rao, j.1. the respondent (insurance company), pursuant to the award made under the m.v. act has paid compensation to the victim of motor vehicle accident. the award amount consisted of the compensation and interest liability.2. the provisions of section 194(a)(3)(ix) mandates that when the respondent pays interest liability more than rs. 50,000/-, it should deduct ... was corrects in holding that there was no specific provision to deduct tds before insertion of clause ix to section 194a(3) of the act and therefore, the assesses under a bonafide and reasonable cause had not deducted tax and hence, no interest under section 201(1a) was leviable when such a plea was not raised?6. the tribunal held that the respondents are ... . it is pertinent to note that most of the victims in the motor vehicle accident who get compensation belong to poorer strata of the society. they may not incur any tax liability. the tribunal has rightly directed that the interest paid above rs. 50,000/- is to be split and spread over the period from the date interest is directed to ... said proviso empowers levy of penalty if the tds deduction is not effected for any valid reason. however, section 201(1a) is a distinct provision to levy interest for delayed remittance. it is in the practice of revenue that for belated payment of tax for any reasonable cause, the assessee is liable to pay interest at the rate of 12% p. a ...

Tag this Judgment!
Feb 22 1965

Kanhaiya Lal Bhargava and Anr. Vs. Official Liquidator

  • Decided on : 22-Feb-1965

Court : Allahabad

Reported in : [1965]56ITR393(All)

... is that profits earned after the commencement of the winding up of a company are not dividends and cannot be the subject-matter of any deduction of income-tax or super-tax at source under section 194 of the income-tax act, 1961. in the instant case the liquidation commenced in 1934. the company had accumulated no profits till that time. the profit of rupees three lakhs and odd ... . the question is whether distribution of this profit is dividend so as to attract liability of deduction of tax at source. chapter 176 of the income-tax act, 1961, deals with 'deduction at source'. section 194 relates to dividends. this section imposes upon a company a liability to deduct income-tax and super-tax at the current rates from the amount of dividend before paying or distributing it. the dividend to ... in question have all been earned by the liquidator during the liquidation of the company. all this profit is not dividend and nothing can be deducted at source by the liquidator under section 194 ...

Tag this Judgment!
Sep 07 2000

The Commissioner of Income-tax New Delhi Vs. M/s Hindustan General Ind ...

  • Decided on : 07-Sep-2000

Court : Delhi

Reported in : [2001]247ITR51(Delhi)

orderarijit pasayat, c.j.1. these three references under section 256(1) of the income-tax act, 1961 (for short the act) relate to assessment years 1972-73 to 1974-75 and following questions have been referred by the income-tax appellate tribu- nal, delhi bench 'b', new delhi (for short the tribunal) for opinion ... in the circumstances of the case, the tribunal was justified in law in holding that the company was liable to deduct tax from dividends under section 194 of the income-tax act when the dividend warrants were sent out to the share holders and not on the dates of issue put on the ... dividend warrants? 2. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in directing the income-tax officer to recalculate the interest levied under section ... clause(c) or sub-clause(d) or sub-clause(e) of clause (22) of section 22, deduct from the amount of such dividend, income-tax at the rates in force: provided that' 6. section 194 lays down that the principal officer of a company shall before making any payment in cash ... publish: put into circulation'. thereforee, tribunal was justified in holding that the expression 'before issuing' as has been used in section 194, means 'before sending out', and tax has to be deducted by the company from the dividends paid before the date the dividend warrants are sent out to the ...

Tag this Judgment!
May 16 1975

G.S. Atwal and Co. (GUA) Vs. Union of India and Ors.

  • Decided on : 16-May-1975

Court : Delhi

Reported in : AIR1976Delhi150; 1978RLR396a

... other hand is for damages for illegal breach of contract and for recovery of his security deposit. in neither case and under no circumstances can s. 194-c of the income-tax act, 1961, as introduced, by the indian finance act. 1972 be called into operation. the award is obviously bad on the face of it and this is certainly one consideration i have in mind ... , which requires 2% of the amount awarded to be deducted by the railways. the said finance act did make certain changes in the income-tax act and introduced a new section, which is section 194-c, for deduction of tax at source. it was provided in that section that if a contractor was paid for work he had done for the central government, state government or any other ... local authority, corporation or company that authority should deduct 2% of the amount payable for that work, as income-tax. there are ... some further provisions for dealing with the deducted amount in the section. the most noteworthy feature of this particular section in the income-tax act, is that the deduction is to be made for 'carrying out any work in pursuance of a contract'. it ...

Tag this Judgment!
Sep 24 1974

Commissioner of Income-tax Vs. Mehar Singh & Co. Pvt. Ltd.

  • Decided on : 24-Sep-1974

Court : Kolkata

Reported in : [1978]113ITR426(Cal)

... correct or not. the validity of the finding about profit in the assessment cannot and should not be re-examined in the proceedings under section 194 of the income-tax act, 1961, except to find out if any notional, artificial or fictional income was included in the said computation of profit in the assessment so as to be left out of consideration of the amounts available for ... and in the circumstances of the case, the tribunal was right in holding that the payment of dividend by the assessee-company would be unreasonable within the meaning of section 104 of the income-tax act, 1961 ?' 3. with regard to question no. 1 it was contended on behalf of the revenue that this question really involves the question whether assessment order for the assessment ... in the circumstances of the case, the tribunal was right in holding that in determining the commercial profits of the assessee-company for the year for the purpose of section 104 of the income-tax act, 1961, no estimated profit was to be taken into account in respect of the contracts that were partly executed by the end of the year when the accounts were ... pyne, j. 1. in this reference, which relates to the assessment year 1962-63, we are concerned with the validity of the order made under section 104(1) of the income-tax act, 1961 (hereinafter referred to as 'the act '), on the assesee in respect of the aforesaid year.2. the relevant facts are: the assessee, which is a private limitedcompany has been carrying on business of ...

Tag this Judgment!
Sep 05 2003

Jalgaon District Central Co-operative Bank Ltd. and Anr. Vs. Union of ...

  • Decided on : 05-Sep-2003

Court : Mumbai

Reported in : 2003(4)ALLMR966; 2004(2)BomCR88; [2004]265ITR423(Bom); 2003(4)MhLj353

... 119 of the income tax act, 1961 does not at all support the action of cbdt ... .24. the division bench of this court, in the case of banque nationale deparis (cited supra), has ruled out that cbdt cannot issue a circular under section119 of the act, which would override or detract from the provisions of theincome tax act, 1961 ... operative society by issuing the impugned circular. by impugned circular, the co-operative society cannot be deprived of its right of exemption given under income tax act, 1961. the cbdt has over-stepped its authority and has issued the impugned circular directly in conflict with the provisions contained in section 194-a(3)(v) of the income tax act, 1961. section ... of proper administration and enforcement of the provisions of the income tax act, 1961. under the garb of section 119 of the income tax act, 1961, cbdt has crossed its authority. what is not contemplated in exemption clause under section 194-a(3)(v) of the income tax act, 1961 cannot be imported to deprive the exemption granted to co- ...

Tag this Judgment!
Jul 24 1978

Veerakistiah and Ors. Vs. Income-tax Officer and Anr.

  • Decided on : 24-Jul-1978

Court : Andhra Pradesh

Reported in : [1983]139ITR113(AP)

... that this complaint has been filed at the instance of the income-tax commissioner, madras. therefore, having regard to the provisions of section 279 of the i.t. act, since the offence is alleged to have been committed under sections 277 and 278 of the i.t. act, a complaint at the instance of the income-tax commissioner by a third person is permissible. therefore, the complaint ... dept. points out that having regard to the provisions of section 136 of the i.t. act, the proceedings before an income-tax authority is a judicial proceeding within the meaning of sections 193 and 228 and for purposes of section 196, ipc. therefore, having regard to the provisions of section 279 of the i.t. act, the complaint at the instance of the commissioner could be considered ... 1965-66. the assistant commissioner of income-tax levied penalty which was reduced by the i.t. appellate tribunal to the minimum. thereafter, a complaint was filed by the ito, central circle, hyderabad, against a-1 to a-12 for offences punishable under sections 193, 196 and 120b of the ipc and section 277 of the i.t. act, 1961. he also filed a complaint against ... , who had enquired into the returns for the assessment year 1965-66, or by the income-tax commissioner himself. a complaint filed by another officer at the instance of the commissioner cannot come within the ambit of section 279 of the said act, so far as the offences punishable under sections 193, 196 and 120b, ipc, are concerned. therefore, to this extent, viz., to ...

Tag this Judgment!
Jun 28 2002

Krishna Oberoi Vs. Union of India (UOI) and Ors.

  • Decided on : 28-Jun-2002

Court : Andhra Pradesh

Reported in : 2002(5)ALD318; [2002]257ITR105(AP)

... includes the charges for various services catered by the hotel. therefore, the consideration received by the hotel management cannot be treated as rent within the meaning of section 194-i of the income tax act, 1961 (for short 'the act'). indian airlines limited and asian paints india limited, respondents 4 and 5 respectively, are few of the 1st petitioner's regular customers. indian airlines limited had entered ... declaring that the charges paid/payable to the petitioner company by its customers on account of room charges are not in the nature of rent within the meaning of section 194-1 of the income tax act. later, that prayer was amended by filing wpmp no. 13783 of 1996 and that wpmp was ordered by this court on 7-10-1996. the amended prayer reads ... charges paid/payable to the 1st petitioner's company by its customers on account of room charges are not in the nature of rent and thus outside the scope of section 194-1 of the income tax act, consequently issue a writ of mandamus directing the respondents 1 and 2 to issue order/instructions and directions, clarifying the non-applicability of the provisions of the ... section 194-1 of income tax act to the amounts 1st petitioner herein receives in its hotel business and pass sueh other order or orders as this hon'ble court deems fit and proper hi the interest ...

Tag this Judgment!
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //