Skip to content


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

Aug 02 1996

Om Prakash Gattani Vs. Assistant Commissioner of Income-tax and Ors.

  • Decided on : 02-Aug-1996

Court : Guwahati

... Section 205 of the Income-tax Act, 1961, passing of such order is not permissible in law. The said Section 205 is to be read along with Section 201 and Section 194B of the said Act. The said Section 205 and Section 201, Sub-section (1), read as follows : '205. Bar against direct demand on assessee.--Where tax is deductible at the source under Sections 192 to 194, Section 194A, Section 194B, Section 194BB, Section 194C, Section 194D and Section ... tax : Provided that no penalty shall be charged under Section 221 from such person, principal officer or company unless the Income-tax Officer is satisfied that such person or principal officer or company, asthe case may be, has without good and sufficient reasons failed to deduct and pay the tax.' 3. Section 194B of the Income-tax Act, 1961, is also set out hereunder : '194B ... Section 221 from such person, principal officer or company unless the Income-tax Officer is satisfied that such person or principal officer or company, asthe case may be, has without good and sufficient reasons failed to deduct and pay the tax.' 3. Section 194B of the Income-tax Act, 1961, is also set out hereunder : '194B. Winnings from lottery or crossword puzzle.--The person responsible for paying to any person any income ...

May 26 2005

Commissioner of Income-tax Vs. Sri Ram Memorial Education Promotion So ...

  • Decided on : 26-May-2005

Court : Allahabad

Reported in : [2006]287ITR155(All)

... Income-tax Appellate Tribunal, Lucknow, was correct in holding that provisions of Section 206 of the Income-tax Act, 1961 will be attracted only if the tax has been deducted ?2. Whether, on the facts and in circumstances of the case, the hon'ble Income-tax Appellate Tribunal was correct in holding that since the tax has not been deducted, there is no violation of the provisions of Section 206 of the Income-tax Act, 1961 ... Income-tax Appellate Tribunal, which has also been dismissed.9. Section 203, which requires issuance of certificate by the person deducting tax in accordance with the provisions, reads as under:203. Certificate for tax deducted.- (1) Every person deducting tax in accordance with the provisions of Sections 192 to 194, Section 194A, Section 194B, Section 194BB, Section 194C, Section 194D, Section 194E, Section 194EE, Section 194F, Section 194G, Section 194H, Section 194-I, Section 194J, Section 194K, Section 194L, Section 195, Section 196A, Section 196B, Section ... Income-tax Act, 1961 will be attracted only if the tax has been deducted ?2. Whether, on the facts and in circumstances of the case, the hon'ble Income-tax Appellate Tribunal was correct in holding that since the tax has not been deducted, there is no violation of the provisions of Section 206 of the Income-tax Act, 1961 and, therefore, penalty is not leviable without appreciating the fact that Sections ...

Dec 31 1992

Commercial Corporation of India Ltd. Vs. Income-tax Officer and others ...

  • Decided on : 31-Dec-1992

Court : Mumbai

Reported in : [1993]201ITR348(Bom)

... : In the first, the action of the Income-tax Officer, Panaji, Goa, in issuing notice under section 226(3) of the income-tax Act, 1961, On January 31, 1992, to the Principle Officer, State Bank of India, Treasury Unit, Panaji, requiring him to pay income-tax on account of the Goa Government and the demand made under section 194B of the Act is no order made against the petitioner-company ... section 194B of the Income-tax Act, 1961, the person responsible for paying to any person any income by way of winnings from any lottery in an amount exceeding Rs. 5,000 shall, at the time of payment thereof, deduct income-tax thereon at the rates in force. Section 115BB inserted by the Finance Act of 1986, with effect from April 1, 1987, says that where the total income of ... Income-tax Act, 1961, the person responsible for paying to any person any income by way of winnings from any lottery in an amount exceeding Rs. 5,000 shall, at the time of payment thereof, deduct income-tax thereon at the rates in force. Section 115BB inserted by the Finance Act of 1986, with effect from April 1, 1987, says that where the total income of an assessee includes any income ... , came into being because the Income-tax Officer, Ward No. 2, Panaji, Goa, demanded the said sum of Rs. 2,53,78,080 by way of income-tax and surcharge for enforcing the liability of the ex-officio Director under section 194B of the Income-tax Act, on the basis that the amount of Rs. 5,66,47,500 represented payment of income to the petitioner by ...

Mar 12 1999

Director of State Lotteries Vs. Assistant Commissioner of Income-tax a ...

  • Decided on : 12-Mar-1999

Court : Guwahati

... income-tax at source under Section 194B of the Income-tax Act, 1961 (for short 'the Act'), rests with the petitioner and the petitioner is to deduct tax at source while making payments towards prizes, provided the payments exceed Rs. 5,000. The petitioner is also responsible for making payments to the organising agents in respect of prize winning tickets which either remained unsold or unclaimed. 4. The income-tax ... of the Constitution have been filed challenging the orders dated January 25, 1994 and June 6, 1994, passed by the Assistant Commissioner of Income-tax, Circle-TDS, Panbazar, Guwahati, under Section 201(1) of the Income-tax Act, 1961 (annexure-XIII to the CR No. 405 of 1994 and annexure-VI to the CR No. 2786 of 1994), respectively. By ... income from, winning from lotteries and, therefore, the provisions of Section 194B of the Act is not applicable in the instant case. 13. The term 'income' has been defined under Section 2(24) of the Income-tax Act. Sub-clause (ix) of Section 2(24) of the Act was inserted by the Finance Act, 1972, which brought the winnings from lotteries within the purview of the Act. Section ... income from winnings from lotteries as mentioned in Section 2(24)(ix) of the Income-tax Act and, in other words, the provisions of Section 194B of the Act are not at all applicable in the facts and circumstances of the case. It has been further argued that the respondents/authority demanded payment of huge tax from the petitioneron an erroneous view that income-tax ...

Apr 04 2002

Assistant Commissioner of Income-tax and Ors. Vs. Director of State Lo ...

  • Decided on : 04-Apr-2002

Court : Guwahati

... Section 194B of the Income-tax Act, 1961 ?2. The aforesaid question of law has arisen in the following facts and circumstances : Two orders dated January 25, 1994 and June 6, 1994, were passed by the Assistant Commissioner of Income-tax, Circle-TDS, Panbazar, Guwahati, under Section 201(1) of the Income-tax Act, 1961 (hereinafter called 'the Act'). By the order dated January 25, 1994, the Assistant Commissioner of Income-tax ... Section 201(1) of the Income-tax Act, 1961 (hereinafter called 'the Act'). By the order dated January 25, 1994, the Assistant Commissioner of Income-tax, Circle-TDS, had asked the Director, State Lotteries, Assam, to deposit a sum of Rs. 2,80,16,800 within three days from the date of the said notice of demand as the Director, State Lotteries, Assam, had failed to deduct tax ... this section from any payment made before-the 1st day of June, 1972.' 5. The term 'income' has been defined under Section 2(24) of the Income-tax Act. Sub-clause (ix) of Section 2(24) of the Act was inserted by the Finance Act,1972, which brought winnings from lotteries within the purview of the Act. Sub-clause (ix) of Section 2(24) of the Act ... thereof, deduct income-tax thereon at the rates in force : Provided that no deduction shall be made under this section from any payment made before-the 1st day of June, 1972.' 5. The term 'income' has been defined under Section 2(24) of the Income-tax Act. Sub-clause (ix) of Section 2(24) of the Act was inserted by the Finance Act,1972, which ...

Apr 04 2002

Assistant Commissioner of Income-tax and Ors. Vs. Director of State Lo ...

  • Decided on : 04-Apr-2002

Court : Guwahati

... and unclaimed prizes attracts the provisions of Section 194B of the Income Tax Act, 1961 ?3. The aforesaid question of law has arisen in the following facts and circumstances:Two orders dated 25.01.1994 and 06.06.1994 were passed by the Assistant Commissioner, Income Tax, Circle-TDS, Panbazar, Guwahati under Section 201(1) of the Income Tax Act, 1961 (hereinafter called 'the Act'). By the order dated 25.01.94 ... Section 201(1) of the Income Tax Act, 1961 (hereinafter called 'the Act'). By the order dated 25.01.94 the Assistant Commissioner, Income Tax, Circle-TDS, had asked the Director, State Lotteries, Assam to deposit a sum of Rs. 2,80,16,800 within 3 (three) days from the date of the said notice of demand as the Director, State Lotteries, Assam had failed to deduct tax ... (his Section from any payment made before the 1st day of June, 1972.'6. The term 'income' has been defined under Section 2(24) of the Income Tax Act. Sub-clause (ix) of Section 2(24) of the Act was inserted by the Finance Act, 1972 which brought winning from the lotteries within the purview of the Act. Sub-clause (ix) of Section 2(24) of the Act reads as ... of payment thereof, deduct income-tax thereon at the rates in force :Provided that no deduction shall be made under (his Section from any payment made before the 1st day of June, 1972.'6. The term 'income' has been defined under Section 2(24) of the Income Tax Act. Sub-clause (ix) of Section 2(24) of the Act was inserted by the Finance Act, 1972 which brought ...

Feb 21 1992

K.C. Suresh Vs. Director of Lotteries and Ors.

  • Decided on : 21-Feb-1992

Court : Kerala

Reported in : [1993]199ITR266(Ker)

K.A. Nayak, J. 1. The petitioner's case is that he was lucky in a lottery but unlucky with the Income-lax Department. He purchased a lottery ticket, Jai Mathrubhumi lottery ticket Number JK 242705, from the fourth respondent. He was the lucky winner to gel the first prize which carries rupees five lakhs and a new Maruti car. Hut when he received the money, he got only an amount of Rs. 1,47,803.50 as against the announced prize. That was because of the deduction made by the respondents applying the provision of Section 194B of the Income-tax Act, 1961. He has no case that the Department made a mistake in computing the amount of income-tax. His case is that tax ought not to have been collected in respect of the Maruti car treating it as income. The definition of income includes not only money payment but also the value of any benefit or perquisite, whether convertible into money or not and, therefore, the deduction made by the Income-tax Department cannot be challenged. If there is any dispute relating to quantification, it is for him to take up the matter in appeal before the appropriate authority. I find no ground to admit this original petition. 2. The original petition is dismissed.

Sep 16 2004

Canaan Kuries and Loans (P) Ltd. Vs. Income Tax Officer

  • Decided on : 16-Sep-2004

Court : Kerala

Reported in : [2005]272ITR534(Ker); 2004(3)KLT869

... instalments or for increasing the sale of consumer products is liable to pay advance tax under Section 194B of the Income Tax Act, 1961 (for short 'the Act'). In all these cases the Income Tax Officer (TDS) Division-II, Thrissur had issued notices regarding deduction of tax at source under Section 194B of the Act directing the petitioners to appeal before him for a personal hearing. Since the ... Income Tax and the Commissioner of Income Tax has also taken the same view as taken by the Income Tax Officer (TDS) as is evident from the communication dated 20.5.1999 (Ext.P4 in O.P. 19342 of 1999). It is stated therein that as per Section 194B of the Income Tax Act the company is liable to deduct tax while distributing the prizes and the petitioners were directed to pay tax ... 1999). It is stated therein that as per Section 194B of the Income Tax Act the company is liable to deduct tax while distributing the prizes and the petitioners were directed to pay tax with interest demanded by the tax authority. In the circumstances, there is some justification in the petitioners challenging the notices issued by the Income Tax Officer, (TDS). That apart, all these ... by the Income Tax Officer (TDS) as is evident from the communication dated 20.5.1999 (Ext.P4 in O.P. 19342 of 1999). It is stated therein that as per Section 194B of the Income Tax Act the company is liable to deduct tax while distributing the prizes and the petitioners were directed to pay tax with interest demanded by the tax authority. ...

Jun 15 2006

Commissioner of Income-tax Vs. Jhaveri Industries

  • Decided on : 15-Jun-2006

Court : Gujarat

Reported in : [2008]300ITR300(Guj)

... tax levied by the order passed by the Assessing Officer under Section 201(1) read with Section 194B of the Income-tax Act, 1961 3. The case of the assessee earlier was that the amount distributed as prize by draw of lots did not form part of the term 'lottery' which is defined under Section 2(24)(ix) of the Income-tax Act, 1961 ... Section 2(24)(ix) of the Income-tax Act, 1961. This has been made a part of lottery after amendment with effect from April 1, 2002. This amendment was not made at the relevant point of time, therefore, there is no application. The order is passed under Section 201(1) and under Section 194B directing the assessee to pay the tax ... Section 201(1) and under Section 194B directing the assessee to pay the tax which has not been deducted at the time of payment of the amount by draw of lots. These are the facts given by the Tribunal as under:7. I have heard the parties and perused the record. The amendment to Section ... with effect from this date. The assessee's case fell to the period prior to the amendment, therefore, the provisions of Section 2(24) (ix) and, consequently, Section 194B, proviso, were not applicable to the assessee's case. Consequently, it is held that the assessee was not liable to ... .4. Admittedly, the assessment year is 1997-98 and this amendment has been made with effect from April 1, 2002, by the Finance Act, 2001. By this insertion of the Explanation prize by draw of lots is treated as lottery after this amendment. When this amendment was ...

Nov 10 2000

M.S. Hameed and Ors. Vs. Director of State Lotteries and Ors.

  • Decided on : 10-Nov-2000

Court : Kerala

Reported in : [2001]249ITR186(Ker)

... : Sub: Kerala State Lotteries--Tax on sale of lottery tickets--Non deduction of income-tax--Regarding. Ref : Your letter No. SA(3)/16065/97/DSL(2) dated 29-12-1998. I am to invite a reference to the letter cited and to inform you as follows : Section 194G of the Income-tax Act, 1961, specifically imposes a liability ... Section 194 concerns with dividends payable by acompany. Likewise Section 194A concerns payments of certain types of interests, Section 194B deals with winnings from lottery or crossword puzzle, Section 194C deals with payments to contractors, Section 194D deals with similar payments arising as is similar commission, Sections 194 H, I, J, K, L also refer to deduction of income-tax on payments under the respective heads. 22. Only Section ... follows : Section 194G of the Income-tax Act, 1961, specifically imposes a liability on the person responsible for paying to any person who is or has been stocking, distributing, purchasing or selling lottery tickets, any income by way of commission, remuneration or prize on such tickets in all amount exceeding one thousand rupees, to deduct income-tax thereon ... income-tax--Regarding. Ref : Your letter No. SA(3)/16065/97/DSL(2) dated 29-12-1998. I am to invite a reference to the letter cited and to inform you as follows : Section 194G of the Income-tax Act, 1961, specifically imposes a liability on the person responsible for paying to any person who is or has been stocking, distributing, purchasing or selling lottery tickets, any income ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //