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

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 ...

Dec 06 1995

The Advertising Club, rep. by its President Mr. S. Vijay Kumar and Anr ...

  • Decided on : 06-Dec-1995

Court : Andhra Pradesh

Reported in : 1996(2)ALT233

... of by a common judgment. The validity of circular No-681, dt.8-3-94 issued by the Central Board of direct taxes in so far as it requires the deduction of tax at source Under Section 194-C of the Income Tax Act in respect of service contracts is being challenged in those writ petitions. The only difference between the present writ petition and the other ... entities/authorities or institutions mentioned in Section 194-C of the Act together with the tax due to be paid as per the self-assessment procedure;(2) those petitioners who are not assessees and who have received payments tin connection with their contracts from the specified entities/authorities or institutions mentioned in Section 194-C of the Act should furnish returns of income within four weeks if ... from the specified entities/authorities or institutions mentioned in Section 194-C of the Act should furnish returns of income within four weeks if the gross payments received by them during the year 1995-96 from out of the advertisement contracts together with the income from other sources exceeds the minimum taxable limit. Even if the gross income does not exceed the minimum taxable limit, ... year 1995-96 i.e., during the year ending 31-3-1995; and(3) if the returns are not filed or the information is not furnished as stipulated above, the Income-tax authorities concerned can take steps according to law calling upon the petitioners including the members of the 1st petitioner Club to file the returns or to furnish information and ...

Feb 10 2011

THOMAS VARKEY Vs. UNION OF INDIA

  • Decided on : 10-Feb-2011

Court : Kerala

Reported in : ILR2011(1)Ker218

... these writ petitions are filed challenging the deductions of income tax made, under section 194 (LA) of the Income Tax Act. According to the petitioners, eventhough properties belonging to them were notified for acquisition for a public purpose, the land in question were not acquired through the normal procedure contemplated under the Kerala Land Acquisition Act. On the other hand, the land were acquired ... the Kerala Land Acquisition Rules 1990. Contention of the petitioner is that compulsory deduction of income tax was not warranted in such cases because the purchase was made through negotiations and it was not acquired through normal process of law as contemplated under the Land Acquisition Act 1894. 2. Learned counsel for the petitioners relied on a Division Bench decision ... through the normal procedure contemplated under the Kerala Land Acquisition Act. On the other hand, the land were acquired on executing agreement in Form 10(a) as per Rule 12(5) of the Kerala Land Acquisition Rules 1990. Contention of the petitioner is that compulsory deduction of income tax was not warranted in such cases because the purchase was ... 8.1.2009, in order to canvass the above position. 3. However it is noticed that tax deductions were already effected and the petitioners have filed returns claiming refund. Since the amount of deduction has already been transferred to the Income Tax Department by the Land Acquisition authorities, it is for the assessing authority concerned to consider whether the ...

Jan 11 2007

Bank of Baroda Vs. Govind Ram Agarwal

  • Decided on : 11-Jan-2007

Court : Kolkata

Reported in : 2007(3)CHN60

... further submitted that Section 194A of the Income-tax Act (in short IT Act) provides for deduction of tax at source in respect of payment of interest other than income by way of interest on securities. Section 201 of the IT Act further provides that in the event any person referred to in Section 200 of the Act fails to pay the tax after deduction ... failure to deposit the tax deducted at source by the petitioner bank with the Income Tax Authority provides for punishment under the Income-tax Act and proceeding underSection 409 of the IPC is not maintainable. Section 279 of the IT Act provides that such a person shall not be proceeded against for an offence under section 276B except with the ... tax deducted at source as required under the provisions of Chapter XVIIB shall be punishable with rigorous imprisonment and with fine. It is thus clear that failure to deposit the tax deducted at source by the petitioner bank with the Income Tax Authority provides for punishment under the Income-tax Act and proceeding underSection 409 of the IPC is not maintainable. Section 279 of the IT Act ... tax. Section 203 of the IT Act further prescribes that the Income Tax Authority or the person authorised by such authority as referred to inSub-section (3) of Section 200 shall prepare and deliver to every person from whose income the tax has been deducted, a statement in the prescribed form specifying the amount of tax deducted or paid and such other particulars as may be prescribed. Section 205 of the Act ...

Dec 05 1957

Amarendra Lal Khan Vs. Commissioner of Income-tax, West Bengal

  • Decided on : 05-Dec-1957

Court : Kolkata

Reported in : AIR1958Cal579,62CWN670,[1959]36ITR288(Cal)

... of this Act, a bargadar is not a labourer. It may also be pointed out that the proviso to Section 7 (1) of the Bengal Agricultural Income-tax Act speaks of 'hired labourers' which might be said to suggest that only casual labourers or labourers specifically hired for the purpose were contemplated. I think, however, that the word 'labourers', as used in the Agricultural Income-tax Act, carries ... make a reference. The assessee then applied to this Court under Section 63 (2) of the Act and obtained an order on the Tribunal to refer the two following questions: 1. Whether, in the facts and circumstances, the actual receipt should be the basis of assessment under Section 7 of the Bengal Agricultural Income-tax Act: 2. Whether, in the facts and circumstances of the case ... P. Chakravartti, C.J. 1. This is a reference under Section 63 (2) of the Bengal Agricultural Income-tax Act of two questions of law, made by the Agricultural Income-tax 'Appellate Tribunal in compliance with an order passed by this Court on an application made by the nssessee. The date of that order, as given in the Statement of the ... as receipt from a different person. Indeed, the Act, as I have already pointed out, distinguishes between a bargadar and a labourer and although a bargadar must, as I have also pointed out, be held to be a 'hired labourer' within the meaning of the proviso to Section 7 (1) of the Agricultural Income-tax Act, he is not a labourer working under the owner ...

Dec 19 2007

Bank of Baroda Vs. Govind Ram Agarwal

  • Decided on : 19-Dec-2007

Court : Kolkata

Reported in : 2008CriLJ1313

... 2005) 1 C Cr LR (SC) 23 : 2005 Cri LJ 92.4. It is further argued that the tax deducted at source from the interest accrued on the fixed deposits of the complainant was under Section 194-A of the Income-tax Act but such failure does not give rise to any cause of action to the complainant so ... observed that if the bank after deducting the tax at source did not deposit the amount with the Income-tax authority alleged criminal breach of trust can at best be said to have been committed against the Central Government and the complainant is incompetent to invoke Section 409 of the I.P.C. as ... deposit the money with the Central Government. It is not the case of the complainant that he has been charged by the Income-tax Authority for not deposit of the tax payable on account of interest accrued on his fixed deposits. This Court dealt with the situation exactly in the same line as ... stipulated period. Thus in absence relationship of trustee and beneficiary the charge under Section 409 of the I.P.C. is inappropriate. Since it is the statutory demand of the bank to deduct the tax at source the tax so deducted becomes the property of the Government of India and the bank holds ... Kailash Kumar Sanwata v. State of Bihar : 2003CriLJ4313 their Lordships of the Supreme Court held that the basic requirement to bring home the accusations under Section 405 are that (i) entrustment (ii) whether the accused was actuated by dishonest intention and misappropriated it or not. Applying the test as expounded in ...

Jul 31 2009

Shashi Kumar S/o Late Sureshwar Sharan Vs. The State of Bihar through ...

  • Decided on : 31-Jul-2009

Court : Patna

... refer to Advanced Law Lexicon, 3rd Edition, 2005, by P. Ramanatha Aiyar:Gazetted Officer. An officer who holds a gazetted post. [Section 2(17)(c), C.P.C. (5 of 1908)]; [Section 194A(3), Expln., Income-tax Act (43 of 1961)]. Defined. Act 14, 1887, Section 2(1)(b).The usual incidents so far as the office of the Gazetted Officer is concerned, are that his appointment is ... unfair and would prejudice to him. The authority already having taken a decision in the matter to the prejudice of the petitioner cannot be expected to change his views or act impartial in the matter. In my view, these issues should be first raised by the petitioner before the disciplinary authority as also before the enquiry officer. If the disciplinary authority ...

Jan 05 1998

Commissioner of Income-tax Vs. Indian Smelting and Refining Co. Ltd.

  • Decided on : 05-Jan-1998

Court : Mumbai

Reported in : [1998]230ITR194(Bom)

... .P. Saraf, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion :'Whether, on the facts and in the circumstances of the case and in law, the Income-tax Appellate Tribunal was justified in holding that the assessee is entitled for deduction on the provision ... assessee objects to it and seeks to get the order of the concerned authority reversed, subject, however, to any statutory provision to the contrary (viz., Section 43B of the Income-tax Act, 1961, as inserted by the Finance Act, 1983, with effect from April 1, 1984, which provides that certain liabilities can be deducted only on actual payment).' (emphasis* supplied)7. On consideration of ... tax or duty is served, on the assessee maintaining the mercantile system of accounting in the accounting year, the amount so demanded would be deductible as an accrued liability even though the assessee objects to it and seeks to get the order of the concerned authority reversed, subject, however, to any statutory provision to the contrary (viz., Section 43B of the Income-tax Act, 1961 ... submits that the Revenue should be directed to revise the case of the assessee for the subsequent assessment year in which this amount had been added to its income under Section 41(2) of the Income-tax Act. We do not think it necessary to give any such direction. The assessee may point out this fact to the Tribunal at the time of giving ...

Mar 30 1960

Mrs. Kusumben D. Mahadevia Vs. The Commissioner of Income-tax, Bombay

  • Decided on : 30-Mar-1960

Court : Supreme

Reported in : AIR1960SC907; (1960)62BOMLR1085; [1960]39ITR540(SC); [1960]3SCR417

... India and was thus holdingan asset in British India, and that the income was from that asset. TheTribunal, however, at the instance of the assessee drew up a statement of thecase under section 66(1) of the Indian Income-tax Act, and referred thefollowing question to the High Court : 'Whether the net dividend income of Rs. 47,120accrued to the assessee in the former Baroda State ... theTribunal even as a step in the decision of the point actually decided. The twodecisions are thus strangers to each other, though they lead to the sameresult. 9. Section 66 of the Income-tax Act which confers jurisdiction upon the HighCourt only permits a reference of a question of law arising out of the order ofthe Tribunal. It does not confer jurisdiction on the ... comprehended both theaspects and, perhaps it did. But the two matters were neither co-extensive, norwas the one included in the other. The question of accrual of income has to bedivided under the Income-tax Act, and has but little to do with the ConcessionsOrder. That question can be adequately decided on the facts of this casewithout advertence to the Concessions Order. It ... question was widened by deleting a reference to a section, whenanother section was also material. They were not cases where the issues of lawas decided by the Tribunal and the High Court were entirely different, which isthe case here. The Punjab High Court has taken a contrary view in Mash TradingCo. v. Commissioner of Income-tax . 11. For the reasons given above, we ...

Jan 12 1961

Bhor Industries Ltd. Vs. The Commissioner of Income-tax, Bombay-city I ...

  • Decided on : 12-Jan-1961

Court : Supreme

Reported in : AIR1961SC1100; [1961]42ITR57(SC); [1961]3SCR409

... Income-tax Act even prior to the Extension Act, was assessable under the Indian Income-tax Act. Dividends payable out of that portion of the income will attract s. 23A, and s. 14(2)(c) does not apply. Section 14(2)(c) saves only that portion of the income which was not assessable in the taxable territories by reason of its accrual in the State. The Income-tax Officer in assessing the income ... in merged States to pay tax on income which, but for the extension of the Indian Income-tax Act, was either not liable to income-tax at all or was liable at a lesser rate. In view of the apprehended difficulties and anomalies, the Extension Act 5 itself gave power to remove such anomalies and hardships. Section 60A was added to the Income-tax Act, and it read as follows : ... on the assessable income of the Company which, by reason of the application of the Indian Income-tax Act even prior to the Extension Act, was assessable under the Indian Income-tax Act. Dividends payable out of that portion of the income will attract s. 23A, and s. 14(2)(c) does not apply. Section 14(2)(c) saves only that portion of the income which was not ... income earned in Bhor State. They do not affect the operation of s. 23A on the assessable income of the Company which, by reason of the application of the Indian Income-tax Act even prior to the Extension Act, was assessable under the Indian Income-tax Act. Dividends payable out of that portion of the income will attract s. 23A, and s. 14(2)(c) does not apply. Section ...

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