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

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 ...

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 ...

Sep 16 2004

Sampanna Kuries (P) Ltd. Vs. ITO

  • Decided on : 16-Sep-2004

Court : Kerala

Reported in : [2004]141TAXMAN615(Ker)

... 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 (hereinafter referred to as 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 appear before him for a personal hearing. Since the petitioners ... 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. In the circumstances, there is some justification in the petitioners challenging the notices issued by the Income Tax Officer, (TDS). That apart, all these writ petitions ... 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 with interest demanded by the tax authority. In ... under the Income Tax Act. It was also held that the chance given to the investor to win a prize is a free chance, and is not a chance given in return for a price or contribution paid and the scheme is not a lottery. The Division Bench had noted that in the Finance Act, 2001 an Explanation was added below section ...

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 ... ). 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. ...

Apr 04 2002

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

  • Decided on : 04-Apr-2002

Court : Guwahati

... 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 ... 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 ... 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 ...

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 ...

Sep 16 2004

Canann Kuries & Loans (P) Ltd. Vs. ITO

  • Decided on : 16-Sep-2004

Court : Kerala

Reported in : [2005]142TAXMAN249(Ker)

... 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 (hereinafter referred to as '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 ... 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. In the circumstances, there is some justification in the petitioners challenging the notices issued by the ... provisions of the Act.6. Section 194B of the Act under which notices are issued by the ITO (TDS) reads:'Winnings from lottery or crossword puzzleThe 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 the time of payment thereof, deduct income-tax thereon at the ... not pay any price for those coupons and prizes are awarded to the holder of the lucky coupon, which is chosen by lot. The Income Tax Department invoked the provisions of section 201 of the Act since no tax had been deducted at source and issued notice to the respondent treating him as the assessee in default. In that context the Madras ...

Mar 26 1999

Iqbal Chand Khurana Vs. Deputy Commissioner of Income Tax

  • Decided on : 26-Mar-1999

Court : Delhi

Reported in : (2001)70TTJ(Del)16

... section 251(1) of the Income Tax Act, 1961.9. Another contention of the assessed is that the learned Commissioner (Appeals) is not justified in enhancing the levy of interest under section 217 of the Act on account of tax deducted at source. The tax at source was deducted on account of winning of lotteries. The deduction has been made under section 194B of the Act by the payee. However, the income ... Act. In our considered opinion the action of the learned Commissioner (Appeals) was well within the scope of powers vested in him by virtue of section 251(1) of the Income Tax Act, 1961.9. Another contention of the assessed is that the learned Commissioner (Appeals) is not justified in enhancing the levy of interest under section 217 of the Act on account of tax deducted at source. The tax ... section 217 of the Act. In our considered opinion the action of the learned Commissioner (Appeals) was well within the scope of powers vested in him by virtue of section 251(1) of the Income Tax Act, 1961.9. Another contention of the assessed is that the learned Commissioner (Appeals) is not justified in enhancing the levy of interest under section 217 of the Act on account of tax ... the interest recalculated under section 217 of the Income Tax Act, 1961, by virtue of rectification under section 154 of the Act and not adjusting seized amount of Rs. 8 lakhs as well as a sum of Rs. 1,97,140 being the TDS on winning of lotteries before calculating interest under section 217 of the Act. The assessed in the ...

Dec 15 2003

The Commissioner of Income Tax Vs. The Deputy Director of Small Saving ...

  • Decided on : 15-Dec-2003

Court : Chennai

Reported in : (2004)187CTR(Mad)562; [2004]266ITR27(Mad)

... to whether the Tribunal was right in holding that distribution of prizes under the District Level Gift Linked Savings Mobilisation Scheme did not constitute 'lottery' and the provisions of Section 194B of the Income Tax Act are not applicable and if applicable, as to whether the Tribunal was right in cancelling the penalty imposed.2. In order to encourage thrift as also to mobilise funds ... the liability of deduction of tax in respect of whole of the winnings, the person responsible for paying shall, before releasing the winnings, ensure that tax has been paid in respect of the winnings.'6. By the Finance Act, 1972, which introduced Section 194B, a new sub-clause (ix) was introduced in the definition of 'income' in Section 2(24) of the Act, which reads thus:'2(24 ... liable to deduct tax at source and therefore, all the proceedings taken against the respondent were without jurisdiction.5. Section 194B of the Act, which was inserted with effect from 1-4-1972, as it stood at the relevant year, is captioned 'Winnings from lottery or crossword puzzle'. It reads thus:'194-B: The person responsible for paying to any person any income by way ... 'income' and the person responsible for paying to any person any income in excess of Rupees five thousand by way of winnings from lottery, was required to deduct income tax on the amount so paid at the rates in force. 7. Prior to 1.4.2002, the Act did not contain a definition of 'lottery'. In the Finance Act, 2001, an Explanation was added below Section 2 ...

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 ...

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