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Search Results Judgments > Phrase:INCOME TAX ACT 1961 Section 194

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

... 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 119 of the Income Tax Act, 1961 does ... Section 194-A(3)(v) of the Income Tax Act, 1961. Section 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 ... Income Tax Act, 1961 cannot be imported to deprive the exemption granted to co-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 ... Tax Act, 1961. CBDT can legitimately issue administrative instructionsor orders by exercising powers under Section 119 of the Income Tax Act, 1961.However, by virtue of Section 119 of the Act, the CBDT is not at all permitted tooverride or withdraw the exemption clause under Section 194-A(3)(v) of theIncome Tax Act, 1961. Assumption of such powers in CBDT by virtue of Section 119 of the Income Tax Act, 1961 ...

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)

... 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 ... Section 194-I. If TDS results in hardship, financial burden on the recipient, the Parliament itself has made provision in Section 197 for obtaining certificate for deduction at lower rate or no deduction of Income Tax. Section 197 of the income-tax Act relating to certificate for deduction of Income Tax at lower rate or for no deduction of Income Tax in appropriate cases has been amended to include income ... 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 ... the Indian Companies Act, 1956, with its registered office at Banjara Hills, Hyderabad. The writ petition was filed initially seeking mandamus 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 ...

Jul 13 2012

Commissioner of Income Tax. Vs. Ms.Singapore Airlines Ltd.

  • Decided on : 13-Jul-2012

Court : Chennai

... TDS under Section 194 I of the Income Tax Act. However, the Delhi Tribunal held that the charges would attract under the provisions of Section 194 C of the Income Tax Act, a line of reasoning, which was also accepted by the Tribunal of the Madras Bench in the assessee's case. The assessee had also accepted the liability under Section 194 C of the Income Tax Act. ... towards landing and parking charges would not come within the definition of 'rent' as defined under Section 194 I Explanation of the Income Tax Act and hence, the liability to deduct tax at source under Section 194 I or under Section 194 J of the Income Tax Act in respect of payment of navigation charges did not arise at all.3. The Assessing Authority pointed ... Section 194 C of the Income Tax Act. Aggrieved by this, the present appeals have been filed by the Revenue.7. Learned Standing Counsel appearing for the Revenue placed heavy reliance on the definition of 'rent' as found in Section 194 I Explanation of the Income Tax Act and placed reliance on the decision of the Delhi High Court reported in (2010) 325 ITR 298 (Delhi) (Commissioner of Income-Tax ... tax in respect of the amount received from the assessee, particularly with reference to the liability under Section 194 C of the Income Tax Act. Aggrieved by this, the present appeals have been filed by the Revenue.7. Learned Standing Counsel appearing for the Revenue placed heavy reliance on the definition of 'rent' as found in Section 194 I Explanation of the Income Tax Act ...

Jul 14 2006

Income-Tax Officer Vs. Lally Motors Ltd.

  • Decided on : 14-Jul-2006

Court : Income Tax Appellate Tribunal (ITAT) - Amritsar

Reported in : (2006)102ITD271(Asr.)

... such credit/payment of rent, the assessee also deducted tax at source at the rate of 15 per cent and paid the same in the Government account within due dates. In terms of provisions of Section 194-I(a) of the Income-tax Act, 1961 (In short 'the Act'). All the co-owners were separately being assessed to tax for the last several years and the rent so ... shown the rental income earned from the appellant in their returns. For the rental income paid to the individual land-lords, the appellant by following the provisions of Section 194-I(a) of Income-tax Act, deducted the tax at the rate of 15 per cent on the rental income. Section 194-I mentions that at the time of credit of rental income to the account of payee the tax will be ... are assessed to tax in their individual capacity with Dy. CIT, Range, Phagwara and have shown the rental income earned from the appellant in their returns. For the rental income paid to the individual land-lords, the appellant by following the provisions of Section 194-I(a) of Income-tax Act, deducted the tax at the rate of 15 per cent on the rental income. Section 194-I mentions that ... following the provisions of Section 194-I(a) of Income-tax Act, deducted the tax at the rate of 15 per cent on the rental income. Section 194-I mentions that at the time of credit of rental income to the account of payee the tax will be deducted and as seen from the account statements filed by the appellant before the Assessing Officer the rental income was credited to ...

Dec 21 1999

GULF OIL INDIA LTD. Vs. INCOME TAX OFFICER

  • Decided on : 21-Dec-1999

Court : Mumbai

Reported in : (2000)67TTJ(Mumbai)182

... question are not liable for deduction of tax at source under the provisions of section 194-1 of the Income Tax Act. Accordingly, we set aside the orders of the revenue authorities and delete the interest levied under section 201(1A) and also hold that the assessee cannot be regarded as an assessee in default in terms of section 201 of the Income Tax Act.11. The assessee has taken various ... 'plant' or in the alternative, simply as civil construction of the type referred to in section 44AD of the Income Tax Act. However, to our mind, the storage tanks in question do not qualify either as land or as building was in the meaning of section 194-1 of the Income Tax Act. We also take cognizance of the legal position that what is attached to the land belongs ... the abovementioned eight parties are subject to deduction of tax at source under the provisions of section 194C of the Income Tax Act and so tax was to be deducted only at 2%, which it did. The contention of the assessing officer is that the said charges are covered by the abovesaid provisions of section 194-1 and so tax should have been deducted at source at 20% and ... such extended definition of land or of building in section 194-1. Under section 194-1 of the Income Tax Act, rent has to be paid for the use of land or of building (including factory building) and nothing else. If a plant is taken on hire and hire charges are paid, to our mind, the provisions of section 194-1 are not attracted in respect of such payments ...

Feb 03 1981

Commissioner of Income-tax (Central) Vs. Oriental Co. Ltd.

  • Decided on : 03-Feb-1981

Court : Kolkata

Reported in : (1981)25CTR(Cal)75,[1982]137ITR777(Cal)

... paid by the U. K. companies after deduction of the U. K. tax at source should be included in the assessee's total income and that the assessee is entitled to the relief under Section 91 of the Income-tax Act, 1961, on such net amount ?' 6. Before we proceed further, we must ... Section 198 or Section 194 as we have set out hereinbefore. 26. In this connection reliance may be placed on the observations of the Supreme Court in the case of Keshav Mills Ltd. v. CIT : [1953]23ITR230(SC) , where at p. 241 the Supreme Court observed in the context of the Indian Income-tax Act ... Section 91 of the Income-tax Act, 1961, on such net amount ?' 1967-68 & 1968-69 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that only the net amount of the dividends paid by the U. K. companies after deduction of the U. K. tax at source should be included in the assessee's total income ... of dividend received from U. K. companies should be included in the assessee's total income, the Tribunal is right in holding that the assessee is entitled to relief under Section 91 of the Income-tax Act, 1961, on such net amount ?' 1967-68 & 1968-69 : 'Whether, on the facts and in ... Section 91 of the Income-tax Act, 1961, on such net amount ?' 6. Before we proceed further, we must observe that so far as the first year's question is concerned, the finding of the Tribunal that only the net amount of dividend received from U.K. companies should be included in the assessee's total income ...

Dec 19 1990

COMMISSIONER OF INCOME-TAX Vs. BORHAT TEA CO. LTD.

  • Decided on : 19-Dec-1990

Court : Kolkata

Reported in : [1992]193ITR134(Cal)

... Income-tax Officer.Being aggrieved by this order of the Commissioner of Income-tax (Appeals), the assessee filed an appeal before the Tribunal. The Tribunal found that the Income-tax Officer imposed the minimum penalty at 10% of shortfall. According to the Tribunal, while doing so, the Income-tax Officer had not taken into account the tax deductible at source under sections 194 and 195 of the Incomes-tax Act, 1961. Tax deductible at source under sections 194 ... Income-tax (Appeals), the assessee filed an appeal before the Tribunal. The Tribunal found that the Income-tax Officer imposed the minimum penalty at 10% of shortfall. According to the Tribunal, while doing so, the Income-tax Officer had not taken into account the tax deductible at source under sections 194 and 195 of the Incomes-tax Act, 1961. Tax deductible at source under sections 194 and 195 in respect of interest and dividend income ... Income-tax Officer had not taken into account the tax deductible at source under sections 194 and 195 of the Incomes-tax Act, 1961. Tax deductible at source under sections 194 and 195 in respect of interest and dividend income from Tata Finlay Ltd. would have to be taken into account while computing the assessed tax as defined under section 215 (5) of the Act ...

Sep 08 2003

Rakshak Chemicals Pvt. Ltd. And Vs. The Income-Tax Officer

  • Decided on : 08-Sep-2003

Court : Income Tax Appellate Tribunal (ITAT) - Ahmedabad

Reported in : (2005)98TTJ(Ahd.)357

... before the CIT (A), the assessees inter-alia submitted that as provided Under Section 13 of the Special Act, the provision of the said Act overrides the provisions of any other law for the time being in force including the provisions of the Income Tax Act, 1961 and accordingly the provisions relating to deduction of tax at source were not applicable. The CIT (A) set aside the order ... the Income-tax Act; or else the loan is to be paid to : (b) Syndicate Bank: as they have made an alternative claim to step into the shoes of FFSL in its appeal before the Special Court/ Supreme Court. If the said claim is accepted then the loan along with interest would be repayable to Syndicate Bank and as per the provision of Section 194 ... Act, the provision of the said Act overrides the provisions of any other law for the time being in force including the provisions of the Income Tax Act, 1961 and accordingly the provisions relating to deduction of tax at source were not applicable. The CIT (A) set aside the order for considering the above submission of the assessees. though holding the liability of the assessees to deduct taxes ... make such payment would amount to giving to the Income Tax Department a priority not contemplated by Section 11 of the said Act. Any provisions of the Income Tax Act which are contrary to the provisions of the said Act must give way to the provisions of the said Act. This is because the said Act is a Special Act and a later Act. 6. I therefore direct all Banks, Companies, ...

Sep 08 2005

Rakshak Chemicals (P) Ltd., Vapi Vs. Ito, Tds, Valsad

  • Decided on : 08-Sep-2005

Court : Income Tax Appellate Tribunal (ITAT) - Ahmedabad

Reported in : (2005)97TTJ(Ahd.)135

... income-tax at the rates which are in force." "Section 198 of the Income Tax Act, 1961 specifically provides that all sums deducted in accordance with the provisions of section 194 and the other sections shall, "for the purpose of computing the income of an assessee, be deemed to be income received." "Section 199 of the Income Tax Act, 1961 further provides that any deduction made in accordance with the provisions of section 194 ... Income Tax Act, 1961 specifically provides that all sums deducted in accordance with the provisions of section 194 and the other sections shall, "for the purpose of computing the income of an assessee, be deemed to be income received." "Section 199 of the Income Tax Act, 1961 further provides that any deduction made in accordance with the provisions of section 194 and paid to the Central Government should be treated as a payment of tax ... tax.Therefore, in this scheme of the Indian Income Tax Act, so far as the dividend income is concerned, in our opinion, section 8 read with section 194 and section 198 of the Income Tax Act, 1961, make!i it clear that so far as the tax portion is concerned, there is diversion of that portion by statute at the declaration stage. Therefore, this was not a case of application of income after accrual That income ...

Aug 19 1998

Commissioner of Income-tax Vs. Appollo Tyres Ltd.

  • Decided on : 19-Aug-1998

Court : Kerala

Reported in : [1999]237ITR706(Ker)

... Section 4 can be said to be the contributing institutions. Section 32(1) of the said Act provides that Income-tax or any other tax is not payable on the income of the Unit Trust of India and in relation to certain income distributed by it to certain categories of persons. Sub-section (2) declares that the provisions of Sections 193 and 194 of the Income-tax Act, 1961 ... Section 73 of the Income-tax Act which concerns with the buying and selling of shares cannot be invoked.'60. Referring further to the submissions made by counsel appearing for the Revenue with reference to Sub-section (3) of Section 32 of the said Act, the Tribunal observed that it is in relation to the provisions of Sections 193and 194 of the Income-tax Act, 1961, mentioned in Section ... Income-tax Act which concerns with the buying and selling of shares cannot be invoked.'60. Referring further to the submissions made by counsel appearing for the Revenue with reference to Sub-section (3) of Section 32 of the said Act, the Tribunal observed that it is in relation to the provisions of Sections 193and 194 of the Income-tax Act, 1961, mentioned in Section 32(2) of the Unit Trust of India Act ...

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