Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: chennai Year: 1997 Page 1 of about 381 results (0.055 seconds)

Sep 11 1997 (HC)

General Exporters Vs. Commissioner of Income-tax and Another

Court : Chennai

Decided on : Sep-11-1997

Reported in : [1998]234ITR860(Mad)

..... the decisions cited by either side. in pannalal binjraj v. union of india : [1957]31itr565(sc) , the apex court while upholding the validity of section 5(7a) of the indian income-tax act, 1922, held that it would be prudent if the principles of natural justice are followed before any order of transfer is made. 14. in ajantha industries v. cbdt : [1976]102itr281 ..... the first respondent before ordering transfer. i am afraid that the submissions of learned senior counsel for the respondents cannot at all be sustained. 11. section 127(2) of the income-tax act reads thus : 'where the assessing officer or assessing officers from whom the case is to be transferred and the assessing officer or assessing officers to whom the case is to ..... has already been completed and it has filed its return for the assessment year 1996-97, that the first respondent issued a notice under section 127 of the income-tax act (hereinafter referred to as 'the act') dated may 26, 1997, that the petitioner filed detailed objections, and that without reference to the objections and without affording an opportunity, the objections have been overruled ..... order passed by the first respondent reads thus : 'in exercise of the power conferred by sub-section (2) of section 127 of the income-tax act, 1961, and of all powers enabling him in this behalf, the commissioner of income-tax, tamil nadu-iii, chennai-34, hereby transfers the cases, the particulars of which are mentioned in column 3 of the schedule hereto annexed from .....

Tag this Judgment!

Dec 19 1997 (HC)

General Exporters Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Dec-19-1997

Reported in : (1998)149CTR(Mad)138; [2000]241ITR845(Mad)

..... the impugned proceedings dated 10-6-1997 and directed the respondents to pass fresh orders in terms of section 127 of the income-tax act, 1961 ('the act') by complying with the requirements of the said provision. further, the earlier order of transfer was quashed by this court following ..... that in order to have coordinated investigation in this group of cases, the assessee-firm is to be transferred to assistant commissioner of income-tax, central circle viii, new delhi.' 25. on a consideration of the above reasons, set out in paragraph 22 of the impugned ..... also been considered. the first respondent has held thus : 'this is a clear case where the commissioner of income-tax, central ii, new delhi, and the commissioner of income-tax, tamil nadu iii (myself) are in clear agreement that the case is to be assessed along with the ..... act. in order to safeguard the interest of the assessee, an opportunity of being heard is granted and the section further requires reasons to be stated for transferring a case. the decision to transfer can be taken, in a case like the present, only if there is a concurrence between the two commissioners of income-tax ..... who may be concerned with the transfer. when such high functionaries agree to the transfer and a show-cause notice is issued and reasons are contained in the order of transfer and those reasons appear to be germane to the transfer and show that the transfer has been made in the public interest and for a proper adjudication under the act .....

Tag this Judgment!

Dec 22 1997 (HC)

Commissioner of Income Tax Vs. Gannon Dunkerley and Co. (P.) Ltd., Gan ...

Court : Chennai

Decided on : Dec-22-1997

Reported in : [2000]243ITR646(Mad)

..... income-tax (appeals) and the commissioner (appeals) went into the matter in detail and held ..... by the order of the income-tax officer, the assessee went on appeal before the commissioner of ..... deduction against the interest receipt on fixed deposits. the income-tax officer also held that the said expenditure could not be said to have been incurred in earning interest income so as to be eligible for deduction under section 57(iii) of the income-tax act, 1961 (hereinafter to be referred to as 'the act'). in short the income-tax officer rejected the entire claim of expenditure. 4. aggrieved .....

Tag this Judgment!

Aug 05 1997 (HC)

State of Tamil Nadu Vs. Tmt. Soundara Rajas

Court : Chennai

Decided on : Aug-05-1997

Reported in : [2000]241ITR428(Mad)

..... shade trees are cut down and sold after they had become useless by efflux of time, the amount realised from their sale would not constitute agricultural income. that decision was rendered under the kerala agricultural income-tax act. the court in the course of the judgment observed as under (page 276) : 'there is no controversy about the fact that the owners of tea estates ..... whether the amounts realised from the sale of shade trees on a coffee plantation constitute taxable agricultural income. it is required to be noticed at this stage that the tamil nadu agricultural income-tax act does not contain any provision similar to section 45 of the indian income-tax act and the capital gain received by a person from the sale of a fixed asset which is ..... agricultural in character has not been made exigible to tax. it is only revenue receipts obtained from agriculture that are subject ..... to tax. the jurisdiction of the state legislature under entry 46 of schedule .....

Tag this Judgment!

Feb 18 1997 (HC)

Chemplant Engineers (P.) Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Feb-18-1997

Reported in : [1998]234ITR23(Mad)

..... . at the instance of the assessee, the tribunal referred the following question, for the opinion of this court, under section 256(1) of the income-tax act, 1961 : -'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the compensation of rs. ..... and releasing their rights under the agreement dated april 17, 1972. on considering the subsequent agreement, the income-tax officer held that the assessee had received the compensation of rs. 20,000 for loss of income suffered and added it as revenue receipt. 3. before the commissioner (appeals) in appeal, the assessee ..... the decisions reported in gillanders arbuthnot and co. ltd. v. cit : [1964]53itr283(sc) ; cit v. best and co. p. ltd. : [1966]60itr11(sc) and cit v. saraswathi publicities : [1981]132itr207(mad) . a passage occurring at page 168 of law of income-tax in the text book written by kanga and palkhivala, 8th edition ..... were handed over for an agreed price as part of the agreement would clearly establish that there had been a loss of source of income and that therefore, the compensation is a capital receipt. it is well established that the compensation received for mere loss of profits will be ..... the same business of rubber lining and rubber bonding till april 16, 1975. according to the department, the compensation received was for loss of income suffered. the assessee, on the other hand, would contend that the restraint, which was placed on the assessee and the fact that the machinery .....

Tag this Judgment!

Feb 18 1997 (HC)

Commissioner of Income-tax Vs. Lucas Indian Service Ltd.

Court : Chennai

Decided on : Feb-18-1997

Reported in : [1999]239ITR429(Mad)

..... , 1983, the appellate tribunal has stated a case and referred the following question of law for the opinion of this court under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'). 2. 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the payment to mrs. ghaswala, the wife ..... out wholly and exclusively for the purpose of the business and the provisions of section 37 were inapplicable. the assessee then preferred an appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) allowed the appeal, following his earlier order for the assessment year 1975-76. he held that the pension paid to mrs. ghaswala is an allowable deduction. it ..... is now necessary to see the findings of the commissioner of income-tax (appeals) rendered for the earlier assessment year 1975-76. in that order, he found that mr. ghaswala was a former director of the assessee-company and the said ghaswala became ..... per month was increased to rs. 1,300 per month. it was also noticed in that resolution that mr. ghaswalla would be retiring on july 31, 1968. the commissioner of income-tax (appeals) held that the payment of pension to mrs. ghaswala was a continuation of the pension paid to mr. ghaswala after his death for the same fixed period for which .....

Tag this Judgment!

Nov 06 1997 (HC)

Commissioner of Income-tax Vs. N. Deenadayalan

Court : Chennai

Decided on : Nov-06-1997

Reported in : [2000]241ITR133(Mad)

..... tribunal has stated a case and referred the following common question of law for the assessment years 1979-80 and 1980-81 under section 256(1) of the income-tax act, 1961, for our opinion : 'whether, the appellate tribunal was justified in law and had material facts to hold that the remuneration paid to the partner by the partnership firm in ..... under section 67 of the act, as the share of the hindu undivided family which has the beneficial interest in the said partnership firm in which it is represented by that partner ?' 2. the assessee is a hindu undivided family. the assessee filed returns for the assessment years 1979-80 and 1980-81 and the income-tax officer completed the assessments rejecting the ..... him in his individual capacity, the firm paid salary and the salary was paid by the firm for the exertion made by deenadayalan for the business of the firm. the income-tax officer noticed that there were four partners in v. a. a. natarajan and sons, viz., n. rajasekaran, n. deenadayalan, n. gunasekaran and n. sivaraj and all of them were partners ..... partners and one n. parameswari was taken in as a partner along with other original partners who were already there representing the hindu undivided family respectively in the firm. the income-tax officer found that the partners represented their hindu undivided family and whatever the salary was paid to the karta would be the .....

Tag this Judgment!

Mar 20 1997 (HC)

Commissioner of Income-tax Vs. G.S.R. Krishnamurthy

Court : Chennai

Decided on : Mar-20-1997

Reported in : [1999]235ITR785(Mad)

..... on by the tribunal must be accepted by this court as binding for purposes of the reference under section 66 of the indian income-tax act, 1922, or section 256 of the income-tax act, 1961, in so far as the present case is concerned, on the question as to whether the amount in question can ..... n.v. balasubramanian, j.1. the batch of petitions filed under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'), by the revenue covers two assessment years, namely, 1985-86 and 1986-87. the questions sought for by the revenue are as under ..... represented the value of the gifts received by the assessee's children. 4. the assessee preferred an appeal before the commissioner of income-tax (appeals) against the order of the income-tax officer making the additions. the commissioner (appeals) examined the gifts and found that except two gifts, the other gifts were made by ..... the relevant accounting years. 5. the assessee as well as the revenue preferred separate appeals against the order of the commissioner (appeals) to the income-tax appellate tribunal. the appellate tribunal, after hearing the arguments of the assessee as well as the revenue, held that the recipients of the gifts were ..... be treated as income arising from vocation or occupation being dependent upon a legal inference to be drawn on established facts, we must hold .....

Tag this Judgment!

Aug 22 1997 (HC)

Commissioner of Income-tax Vs. Sitalakshmi Mills Limited

Court : Chennai

Decided on : Aug-22-1997

Reported in : [1998]232ITR367(Mad)

..... cent. on the staple fibre machinery for the assessment year 1982-83 was prejudicial to the interests of revenue and hence the commissioner of income-tax, madurai, exercised his suo motu revisional power under section 263 of the income-tax act, 1961, in order to revise the assessment and grant only 10 per cent. depreciation on the staple fibre yarn machinery and issued his notice ..... 11, 1985), is prejudicial to the interests of the revenue and hence erroneous requiring interference by the commissioner under section 263 of the income-tax act, 1961. 5. in exercise of the powers conferred on me under section 263 of the income-tax act, 1961, it is proposed to pass such order as the circumstances of the case justify, including an order enhancing or modifying the ..... objections, if any, in writing against the proposed action. 7. the assessee instead of filing objections to the notice dated february 24, 1987, to the commissioner of income-tax under s. 36 of the act, rushed to this court and filed the above writ petition to call for the records of the respondent dated february 24, 1987, and to quash the same, and ..... single judge dated july 28, 1995, and made in w.p. no. 2132 of 1987 is set aside and the notice under section 263 of the act issued for 1982-83 by the commissioner of income-tax, madurai, dated february 2, 1987, and impugned in the writ petition is restored. however, the respondent herein, the writ petitioner, is at liberty to raise all .....

Tag this Judgment!

Sep 17 1997 (HC)

Commissioner of Income-tax Vs. Smt. Savithiri Sam

Court : Chennai

Decided on : Sep-17-1997

Reported in : [1999]236ITR1003(Mad)

..... treated as payment made to her by the company in order that the amount would attract the provisions of section 2(22)(e) of the income-tax act. according to the income-tax officer, it was constructive payment because the transfer resulted in extinguishment of the liability of her husband to the company and the acceptance on the ..... case, the appellate tribunal was right in law in holding that for the purposes of computation of deemed dividend under section 2(22)(e) of the income-tax act, 1961, there must be actual flow of cash from the company to the shareholder and the transfer of money from the account of her husband to ..... of rs. 1,95,550 was assessed in the hands of her husband as deemed dividend by invoking the provisions of section 2(22)(e) of the income-tax act. deducting this amount of rs. 1,95,550 from the reserves of rs. 3,68,345 the balance of rs. 1,72,795 was treated as ..... part of the assessee of that liability. the commissioner (appeals) overruling the order of the income-tax officer reduced the amount as deemed dividend to only rs. 43,550. the tribunal determined the loan amount taken by the assessee at only rs. 15 ..... to the company for the amount of principal and interest due by her. under these circumstances, under the earlier act identical provisions of law were applied and the loan was treated as a dividend income and brought to tax. the division bench on the above facts held as follows (page 292) : 'it is urged on .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //