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Judgment Search Results Home > Search Phrase: income tax act 1961 section 194b Page 1 of about 140,533 results (0.503 seconds)

Sep 16 2004 (HC)

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

Court : Kerala

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

..... payment of kuri 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 petitioners did not ..... 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 ..... the matter with the commissioner of 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 .....

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Aug 02 1996 (HC)

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

Court : Guwahati

..... of 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 195 ..... 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 by way of winnings from any lottery or crossword puzzle in an amount exceeding five thousand rupees shall, at ..... 1986-87, the petitioner won two lottery prizes one for the value of rs. 10,50,000 and the other for rs. 18,000. under the provisions of 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 or crossword puzzle in an amount exceeding one thousand rupees was obliged to deduct .....

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Sep 16 2004 (HC)

Sampanna Kuries (P) Ltd. Vs. Income Tax Officer and ors.

Court : Kerala

Reported in : (2005)193CTR(Ker)413

..... of kuri instalments or for increasing the sale of consumer products are liable to pay advance tax under section 194b of the it actit actit act, 1961 (for short 'the act'). in all these cases the ito (tds) division-ii, thrissur, had issued notices regarding deduction of tax at source under section 194b of the act directing the petitioners to appear before him for a personal hearing. since the petitioners did ..... lottery ticket has a right to participate in the draw.'11. the madras high court in a later decision in citcitcit v. dy. director of small savings (supra) considered the question with reference to the provisions of section 194b of the act. in that case the government, in order to encourage thrift as also to mobilise funds for developmental works, saving schemes are ..... this is a matter to be evaluated by the ito (tds) under the provisions of the act.6. sec 194b of the act under which notices are issued by the ito (tds) reads :'194b. winnings from lottery or crossword puzzle.-the person responsible for paying to any person any income by way of winnings from any lottery or crossword puzzle in an amount exceeding five thousand ..... the buyer to a prize is not a lottery in the ordinary sense of the word. the counsel took me to another decision of the madras high court in citcitcit v. dy. director of small savings : [2004]266itr27(mad) , where the madras high court considered a case where the government operated a scheme in order to encourage thrift as also .....

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Jan 04 2000 (HC)

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

Court : Guwahati

..... the learned single judge in civil rule no. 1487 of 1991 (see ). the learned single judge set aside the order passed by the income-tax officer holding it to be contrary to the provisions of section 205 of the income tax act, 1961. the revenue impugns the order by the present proceedings in appeal.2. heard shri k. p. sarma, for the appellants, and ..... the above facts, we may examine different provisions of the income-tax act having a bearing in the matter. the deduction of income-tax at source in cases where one wins a lottery prize is provided under section 194b of the income-tax act which reads as follows : '194b. the person responsible for paying to any person any income by way of winnings from any lottery or crossword puzzle ..... the person responsible to make the payment of prize money from lottery to deduct income-tax at source.8. credit for such deduction is provided under section 199 of the income-tax act which reads as follows : '199. any deduction made in accordance with the provisions of sections 192 to 194, section 194a, section 194b ..... and paid to the central government shall be treated as a payment ..... of tax on behalf of the person from whose income the deduction was made, or of the owner .....

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Feb 21 1992 (HC)

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

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.

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Mar 12 1999 (HC)

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

Court : Guwahati

..... money to the prize winners in terms of the agreement made with the organising agent. the liability for deduction of 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 ..... 226 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 the order ..... responsible for making payments to the organising agents in respect of prize winning tickets which either remained unsold or unclaimed. 4. the income-tax authorities ..... does not participate in the draw, the amounts credited, if any, would not constitute winnings from lotteries from unsold tickets and, hence, would not attract the provisions of section 194b of the income-tax act. it is held thus (page 376) : 'we have already seen, having regard to the definition of lottery, that it is chance for a prize. therefore, there .....

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Apr 04 2002 (HC)

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

Court : Guwahati

..... the refund by the director of state lotteries to the organising agent of the prize money from the unsold tickets of lotteries and unclaimed prizes attracts the provisions of 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, 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 ..... the present appeals. 7. before proceeding further, let us first analyse section 194b of the act. the said section envisages that deduction of tax has to be made by the person responsible for paying to any person any income by way of winnings from any lottery. for the application of section 194b of the act, the sine qua non is that the payment by the person .....

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Apr 04 2002 (HC)

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

Court : Guwahati

..... the refund by the director of state lotteries to the organising agent of the prize money from the unsold tickets of lotteries 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 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 ..... in the present appeals.8. before proceeding further, let us first analyse section 194b of the act. the said section envisages that deduction of tax has to be made by the person responsible for paying to any person any income by way of winning from any lottery. for the application of section 194b of the act, the sine qua non is that the payment by the person has to .....

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Jun 15 2006 (HC)

Commissioner of Income-tax Vs. Jhaveri Industries

Court : Gujarat

Reported in : [2008]300ITR300(Guj)

..... and circumstances of the case, the appellate tribunal was right in law in deleting the 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. 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 ..... 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 .....

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Dec 31 1992 (HC)

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

Court : Mumbai

Reported in : [1993]201ITR348(Bom)

..... of goa, and can the company be said to have purchased the unsold tickets ? 12. there can be no dispute and indeed there is none that, under 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 ..... taken : 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 and ..... 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 ..... 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 way of winnings from lotteries. 3. according to the petitioner-company, .....

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