Court : Karnataka
Reported in : (2009)223CTR(Kar)102; ILR2009KAR1340; 315ITR102(KAR); 315ITR102(Karn); 183TAXMAN186(Kar)
..... liability is in the nature of penalty. in this regard, the tribunal relied upon the decision of this court in mittal steel ltd. v. citcitcit : 240itr707(kar) .7. in the mittal steel case, the proviso to section 201 was under consideration. the said proviso empowers levy of penalty if the tds deduction is not effected for any valid reason. however ..... . the respondent failed to deduct and remit the tds amount to the revenue. the a.o. issued notice to the respondent, after enquiry found that the respondent has violated the mandate of section 194(a). hence, directed the company to deposit the tds ..... tds to an extent of 10.3% of the interest component. in default, the respondent becomes liable to pay the said amount to the revenue under section 201 of the i.t. act with interest and penalty.3 ..... 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 .....Tag this Judgment!
Court : Kerala
Reported in : 79ITR72(Ker)
..... offence under section 276(d) of the income-tax act of 1961, stood deleted and, therefore, a prosecution after .1st april, 1968, under section 276(d) of the income-tax act of 1961 will not lie. according to the petitioner, the general clauses act will not bring into operation for the continuity of the provision of that section. so it is alleged that there is no saving provision in the income-tax act, 1961, subsequent to ..... delayed for a period ranging from 11/2 years to about 8 years as shown in column (5). rule 30 of the income-tax rules, 1962, provides that all sums deducted, in accordance with the provisions of section 194 of the act shall be paid to the credit of the central government within one week from the date of such deduction or the date of ..... was considered. it is also clear that a conviction under sections 194 and 200 read with section 276(d) depended upon a conviction under section 18(3d) and 18(6) read with section 51 of the act of 1922, in respect of failure to pay the tax after the deduction was made on april 20, 1961. the conviction and sentence in all the cases are, therefore, inter-related ..... , the sum so deducted to the credit of the central government or as the board directs. '9. consistent with the above section, rule 30 of the income-tax rules, 1962, provides that all sums deducted, in accordance with the provisions of section 194, shall be paid to the credit of the central government within one week from the date of such deduction.10. non-compliance .....Tag this Judgment!
Court : Delhi
Reported in : 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!
Court : Kerala
Reported in : (1988)68CTR(Ker)189; 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!
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!
Court : Karnataka
Reported in : 249ITR141(KAR); 249ITR141(Karn)
..... under section 201(1a) of the act are not appealable orders ? (b) whether, on the facts and circumstances of the case, the tribunal is correct in law in holding that ..... by the order passed by the income-tax appellate tribunal, bangalore bench, the revenue has preferred this appeal raising the following questions of law, for our decision : '(a) whether, on the facts and circumstances of the case, the tribunal is correct in law in entertaining the appeals relating to levy of interest under section 201(1a) of the income-tax act, 1961, when the orders levying interest ..... not deduct or after deducting fails to pay the tax as required by or under this act, he or it shall, without prejudice to any other consequences which he or it may incur ..... appeal to the deputy commissioner(appeals) against such order-- . . . (i) an order under section 201 ;' 6. section 201 deals with the consequences of failure to deduct or pay an amount due as tax and it lays down : '(1) if any such person and in the cases referred to in section 194, the principal officer and the company of which he is the principal officer does .....Tag this Judgment!
Court : Chennai
Reported in : 186TAXMAN339(Mad)
..... only vendors and not work contractors.7. it is next contended by the learned counsel for the petitioners that the subject transaction falls outside the purview of section 194c of the income-tax act and the circular of the cbdt, dated 8-3-1994, more particularly clause no. 7(vi)(b) of the said circular amply makes it clear that ..... sale. in the counter-affidavit, the department has denied the allegation of discrimination. learned counsel for the second respondent would further contend that terms of section 197(2) of the income-tax act provide for obtaining a lower deduction certificates or nil deduction certificate from the jurisdictional assessing officer after particulars are furnished by the assessee and in terms of ..... section 194(c), the petitioners have got sufficient remedy under the act and since alternative remedy is efficacious, the writ petitions have to be dismissed.20. it is further ..... present writ petitions. therefore, while dismissing the writ petitions, liberty is granted to the petitioners to work out their remedies by taking appropriate proceedings under the provisions of income-tax act, 1961 and the rules as framed thereunder. during the pendency of the writ petitions, the petitioners had the benefit of interim stay. therefore, since the writ petitions are now .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1998(3)ALD699; 1998(3)ALT808
..... -h was inserted with effect from 1-8-1996, it would not be appropriate to insist for such certificate. similar contentions were raised in respect of income tax also. section 194(c) of the income tax act also enjoins upon a persons responsible for paying any sum to any contractor for carrying out any work including the supply of labour for carrying out any work in pursuance ..... of contract work between a contractor and the central government or state government or local authority or any corporation established under the state or central or provincial act ..... . the learned counsel for the petitioners submit that the insisting on clearance by the commercial tax authorities income tax authorities is unwarranted as the a.p. general sales tax act itself contains a specific provision under section 5-h contemplating deduction at source. it says that notwithstanding anything contained in the act, the central government or state government or the industrial, commercial or trading undertaking of the .....Tag this Judgment!
Court : Kerala
Reported in : (2005)193CTR(Ker)393; 2005(1)KLT173
..... -claimant in the absence of provision to that effect in the decree is the point to be considered,19. the income tax act is a central act. chapter xvii of the income tax act, 1961 cast an obligation on the authorities concerned to deduct tax at source. for deducting tax at source, no special or specific orders of any court is necessary. if there is a decree of a competent ..... bikram singh v. land acquisition officer : 224itr551(sc) , the apex court held the interest received on delayed payment of compensation under the land acquisition act was revenue receipt exigible to tax under section 194a of the income tax act. a learned single judge of this court in m. kumaran v. state of kerala : 239itr848(ker) , following the principles laid down in rama bai's ..... how the amounts due under the decree in a land acquisition case has to be calculated. in that circular also it is stated that income tax is to be deducted at source.22. section 194a of the income tax act deals with interest. section 194a reads as follows:-'194a.(1) any person, not being an individual or a hindu undivided family, who is responsible for paying to ..... source.23. so far as the payment of compensation on account of capital assets, originally the same was not liable for any tax. but, the income tax act was amended and with effect from 1.6.1999. section 194l of the act reads as follows:-'194l. any person responsible for paying to a resident any sum being in the nature of compensation or the enhanced compensation .....Tag this Judgment!
Court : Chennai
Reported in : 216ITR216(Mad)
shivappa, j.1. the petitioner is seeking for quashing the complaints in e.o.c.c. no. 1245 of 1989 on the file of the additional chief metropolitan magistrate, e.o.i., madras. the complaint was filed for contravention of certain provisions under the income-tax act, 1961, viz., that the firm being the first accused failed to remit the tax deducted at source as required under section 194a of the act read with rule 30 of the rules without reasonable cause or excuse and as such, committed an offence punishable under section 276b of the act. it is the contention of the petitioner that no deduction was made and even the tax was paid as claimed and the provisions of section 276b of the act are not attracted. the question whether the petitioner has contravened section 194a of the act or not and whether the complaint is justified or not are all matters of evidence. the petitioner can raise such contentions before the court below. i see no ground to quash the complaint. the petition is, therefore, dismissed. 2. consequently, crl. m.p. no. 15414 of 1989 is also dismissed.Tag this Judgment!