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

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. ...

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 ...

Sep 16 2004

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

  • Decided on : 16-Sep-2004

Court : Kerala

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

... 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 rupees shall, at the time of payment thereof, deduct income-tax thereon at ... of kuri instalments or for increasing the sale of consumer products are liable to pay advance tax under Section 194B of the IT 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 ... May, 1999 (Ext. P4 in O.P. 19342 of 1999). It is stated therein that as per Section 194B of the IT 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 ... by the kuri companies and dealers in consumer goods throughout the State, a decision with regard to the liability to deduct tax at the time of distribution of the prizes under Section 194B of the Act will enable the authorities under the Act to decide the matters in a uniform way. This is particularly so, since it is stated that in no other ...

Jan 04 2000

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

  • Decided on : 04-Jan-2000

Court : Guwahati

... 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 ... 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 ... 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 ... 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 in an amount exceeding five thousand rupees shall, at the time of payment thereof, deduct income-tax thereon at ...

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 ...

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.

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 ...

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 ...

Jul 09 1985

Commissioner of Income-tax Vs. Chaman Lal

  • Decided on : 09-Jul-1985

Court : Punjab and Haryana

Reported in : [1985]156ITR245(P& H)

... the Tribunal while appreciating Sections 194B and 276B of the Act. Section 194B enjoins a duty on the person responsible for paying the lottery winnings to deduct income-tax at the rates enforced whenever all lottery winnings exceed Rs. 1,000. Section 198 provides that such deductions shall, for the purpose of computing the income of the assessee, be deemed to be income received. Section 199 provides that ... ) did not constitute his income chargeable to income-tax in India under Sections 10(3)/56(2)(ib)/2(24)(ix) of the I.T. Act, 1961, as amended by the Finance Act, 1972? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the provisions of Section 5(1)(c) were ... income of a casual and non-recurring nature when under Section 10(3) winnings from lotteries are not to be considered as income of a casual and non-recurring nature.9. We also find serious fault in the reasoning of the Tribunal while appreciating Sections 194B and 276B of the Act. Section 194B enjoins a duty on the person responsible for paying the lottery winnings to deduct income-tax ... be considered as income of a casual and non-recurring nature.9. We also find serious fault in the reasoning of the Tribunal while appreciating Sections 194B and 276B of the Act. Section 194B enjoins a duty on the person responsible for paying the lottery winnings to deduct income-tax at the rates enforced whenever all lottery winnings exceed Rs. 1,000. Section 198 provides ...

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