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Judgment Search Results Home > Cases Phrase: income tax act Court: chennai Year: 1999 Page 1 of about 169 results (0.046 seconds)

Sep 30 1999 (HC)

J. Jayalalitha Vs. Commissioner of Income-tax and ors.

Court : Chennai

Decided on : Sep-30-1999

Reported in : (2000)158CTR(Mad)149; [2000]244ITR74(Mad)

..... .22. in iv. subhakaran v, cit : [1992]198itr720(ker) , the kerala high court laid down the following proposition (headnote) :'the commissioner of income-tax exercises discretionary power when passing' an order under section 273a of the income-tax act, 1961, on an application for waiver of interest. the order should ex facie disclose the application ..... being heard by the board before the petition was disposed of by the board.21. in mahalakskmi rice mills v. cit : [1981]129itr53(kar) , the karnataka high court has held that the word, 'co-operation' in section 273a of the income-tax act would mean that the assessee did not resort to litigation, obstruction or evasive tactics in concluding the assessment and no more ..... the act for the assessment years 1987-88 to 1992-93 were rejected.2. the facts leading ..... /c-ii, dated october 15, 1997, passed by the commissioner of income-tax, central ii, chennai-34, by which the petitions filed by the writ petitioner under section 220(2a) of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), for waiver of interest levied under section 220(2) of the act as well as under rule 5 of the second schedule to .....

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Apr 19 1999 (HC)

K.T. Kunjumon Vs. Commissioner of Income-tax and ors.

Court : Chennai

Decided on : Apr-19-1999

Reported in : [1999]239ITR782(Mad)

..... a sum of rs. 60 lakhs lying in his bank account may be appropriated towards ad hoc payment of tax liability that may arise out of the action under section 132 of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), both at chennai and ernakulam. the petitioner also sought for a direction to lift the order of attachment. ..... with the provisions contained in section 158bb of the act and the assessing officer is also required to determine the undisclosed income of the block period in accordance with chapter iv ..... as already stated, the commissioner of income-tax, the authorised representative of the department, the appellate tribunal and also the petitioner proceeded ..... shall be the aggregate of the total income of the previous years falling within the block period computed in accordance with chapter iv and certain suitable adjustments are required to be made as indicated in section 158bb of the income-tax act. under section 158bc of the act, the assessing officer is required to determine the undisclosed income of the block period in accordance .....

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Sep 15 1999 (HC)

E. Prahalatha Babu, 18, 14th Street, Nandanam Extension, Nandanam, Che ...

Court : Chennai

Decided on : Sep-15-1999

Reported in : 1999(3)CTC369; (1999)156CTR(Mad)436; [2000]241ITR457(Mad)

..... fully and truly all material facts necessary for his assessment or otherwise. then, notwithstanding anything contained in the income-tax act or in any finance act, income-tax shall be charged in respect of the income so declared (such income being hereinafter referred to as the voluntarily disclosed income) at the rates specified hereunder, namely: (i) in the case of a declarant, being a company or ..... has not been furnished before the commence-ment of this scheme; (ii) the income in respect of the previous year in which a search under section 132 of the income-tax act was initiated or requisitioned under section 132a of the income-tax act was made, or survey under section 133aof the income-tax act was carried out or in respect of any earlier previous year.' sub-clause ..... with the provisions of section 65 in respect of any income chargeable to tax under the income-tax act for any assessment year-- (a) for which he has failed to furnish a return under section 139 of the income-tax act; (b) which he has failed to disclose in a return of income furnished by him under the income-tax act before the date of commencement of this scheme: (c) ..... which has escaped assessment by reason of the omission or failure on the part of such person to make a return under the income-tax act or to to disclose .....

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Apr 19 1999 (HC)

Sri Balasubramania Traders Vs. Assistant Commissioner of Income-tax an ...

Court : Chennai

Decided on : Apr-19-1999

Reported in : [1999]240ITR49(Mad)

..... the firm dissolved and the arrangement was revocable and in that view of the matter, he invoked the provisions of section 61 of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), and held that the income arising out of the business run by the said karthikeyan accrued to the petitioner firm. the assessing officer proceeded on the basis that the ..... the hands of the petitioner firm.3. the petitioner, aggrieved by the order of assessment, preferred an appeal before the commissioner of income-tax (appeals) stating that the provisions of section 61 of the act have no application. the commissioner of income-tax (appeals) following his earlier order rendered in the petitioner's own case for the assessment year 1988-89, came to the conclusion ..... the same basis as is clear from the grounds of appeal raised before the appellate tribunal wherein the department questioned the order of the commissioner of income-tax (appeals) regarding the applicability of section 61 of the act to the facts of the case. however, when the matter came up for hearing before the appellate tribunal, a new ground was raised that the ..... , chennai (hereinafter to be referred to as 'the appellate tribunal'), and the main ground of challenge was that the provisions of section 61 of the act would apply and the view of the commissioner of income-tax (appeals) that the provisions of section 61 have no application was not sustainable in law.4. it is stated that the matter came up before the .....

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Nov 02 1999 (HC)

C.L. Ravi Chandran Vs. Commissioner of Agricultural Income-tax and ors ...

Court : Chennai

Decided on : Nov-02-1999

Reported in : [2000]243ITR702(Mad)

..... , chennai, mgr district. they cultivate cas-uarina in the said land and they are duly assessed under the tamil nadu agricultural income-tax act, 1955, (hereinafter called 'the act'). the said land falls within the definition of section 2(vv)(xii)(b) of the act and therefore the said lands were rightly treated as ordinary acres and were duly categorised under the ratio 3 : 1 ..... of 69.96 acres has been categorised under the ratio 3 : 1 as against 1 : 1 as per the provisions of section 2(vv)(xii) of the tamil nadu agricultural income-tax act. thus there is an escapement of 46.64 standard acres. in order to bring the escaped extent of assessment and to levy additional ..... and invalid orders. aggrieved against the said orders of the second respondent, the petitioner preferred revision under section 34 of the act before the first respondent. since the second respondent was proceeding against the petitioner to recover the balance amount of income-tax on the basis of the illegal order dated november 11, 1991, the petitioner prayed for an order of interim stay ..... , i.e., three ordinary acres into one standard acre. the petitioner has been duly paying the income-tax without any default. but the second respondent issued notice dated august 4, 1991, seeking to reopen the assessment under section 65a(3) of the act, treating all the lands as standard acres under the ratio of 1 : 1 as per section 2(vv .....

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Nov 30 1999 (HC)

Commissioner of Income-tax Vs. M. Ct. Muthiah Chettiar Family Trust an ...

Court : Chennai

Decided on : Nov-30-1999

Reported in : [2000]245ITR400(Mad)

..... less similar and the other cases raise identical disputes.2. the assessee is a public charitable trust eligible for exemption from income-tax in accordance with the provisions of section 11 of the income-tax act, 1961 (hereinafter to be referred to as 'the act'). the assessee, in the instant case, for the assessment years commencing from 1962-63 and ending on 1971-72, ..... ' in section 11(3)(c) should be interpreted to mean 'application', as under section 11(3a) of the act, it is permissible for the income-tax officer to change the purpose of application of income, if the trustees state before the income-tax officer that the income accumulated cannot be applied for the purposes due to the reasons mentioned therein. though the word, 'utilisation' in normal ..... had been accumulating the income of the trust as declared in the notice in form no. 10. the income so accumulated should have been utilised for ..... certain educational institutions, hospitals and maintaining them, the assessee handed over the accumulated income to it for implementing the objects, and the assessee had utilised the income for the purposes stated by it in the notice given to the income-tax officer under section 11(2) of the act. the tribunal held that the assessee had completely divested itself of its ownership over .....

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Dec 13 1999 (HC)

Commissioner of Income-tax Vs. West Coast Electric Supplies Corporatio ...

Court : Chennai

Decided on : Dec-13-1999

Reported in : [2000]243ITR565(Mad)

..... direction of this court in t. c. p. nos. 309 to 318 of 1986, dated november 12, 1986, made under section 256(2) of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), the income-tax appellate tribunal (hereinafter to be referred to as 'the tribunal'), has stated a case in t. c. nos. 935 to 944 of 1988 and referred the ..... that limited companies who carry on business are separate taxable persons, and the profits and gains of their several businesses are separate profits and gains for the purposes of the income-tax acts. this is none the less true if one of the companies should be the parent company, and the other or others may be its subsidiaries of which the shares are ..... ) , learned counsel for the assessee submitted that before the income-tax officer ..... ' as it is a specific head of income under section 56 of the act.20. realising the difficulty, learned counsel for the assessee submitted that the business of the assessee itself is the holding of the investment in subsidiary companies. in this connection, he relied upon the decision of this court in the case of cit v. amalgamations (p.) ltd. : [1977]108itr895(mad .....

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Dec 21 1999 (HC)

C.A. Abraham and ors. Vs. Assistant Commissioner of Income-tax and ors ...

Court : Chennai

Decided on : Dec-21-1999

Reported in : [2002]255ITR540(Mad)

..... seeking a direction to the settlement commission to pass orders in accordance with chapter xiv-b of the income-tax act, 1961.3. in w. p. nos. 17150, 17151, 17160 and 18756 of 1999, the petitioners have challenged the order dated may 14, 1999, in which the settlement commission rejected the ..... may 14, 1999, the settlement commission rejected the applications filed by the assessees stating that the applications in effect seeking review of the order under section 245d(4) of the income-tax act cannot be entertained as the order passed under section 245d(4) has become final and conclusive as to the matters stated therein in view of section 245d(1) of the ..... as a result of our present order. there is no provision in this regard in chapter xix-a of the income-tax act. however, it is open to the above benami firms to file applications under section 264 of the income-tax act before the commissioner of income-tax requesting him to pass such order thereon not being an order prejudicial to the assessment, so that their assessed ..... income-tax act.2. the petitioners filed w. p. nos. 15853, 17462, 18472, 18558, 18751, 18757, 18764 and 18932 of 1999 challenging the order of the settlement commission dated december 21, 1998, and .....

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Nov 19 1999 (HC)

K. Inbasagaran Vs. Assistant Commissioner of Income-tax

Court : Chennai

Decided on : Nov-19-1999

Reported in : [2001]247ITR528(Mad)

..... offence. these offences are not one and the same. each failure is liable for punishment under section 276cc of the income-tax act. though the offences fall under the same section of the income-tax act, yet, they are not the same. they are not inter-related. they are distinct and specific. therefore, when ..... paragraph of the judgment runs thus :'hence, for the reasons stated above, the accused is found guilty under section 276cc (three counts) of the income-tax act. the accused, was asked under section 248(2) of the criminal procedure code to state in respect of the sentence that would be passed against him. the ..... spite of repeated statutory notices and, therefore, he has committed specific offences and is liable to be proceeded for each offence under section 276cc of the income-tax act, 1961.24. in fact, the three complaints were taken on file by the magistrate and assigned three different case numbers, viz., ccs. they were ..... of section 139 and by the notice issued under sections 142(1) and 148 and thereby committed an offence punishable under section 276cc of the income-tax act, 1961, and within my cognizance.'19. thus, a single charge is framed in respect of three distinct and different offences. the charge reads that ..... d-1 to d-3. the learned additional chief metropolitan magistrate, e. o. ii, found the accused guilty under section 276cc of the income-tax act on three counts and sentenced him to undergo rigorous imprisonment for a period of three months and to pay a fine of rs. 1,000 .....

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Sep 24 1999 (HC)

TuticorIn Vegetable Marketing Co. (P.) Ltd. Vs. Income-tax Officer and ...

Court : Chennai

Decided on : Sep-24-1999

Reported in : [2000]243ITR202(Mad)

..... society, cannot, in all circumstances, be termed to be either a penalty or a punishment. the failure on the part of the assessee to abide by the provisions of the income-tax act has been made a basis for forcing him to compensate society by paying interest in terms of sections 234a, 234b and 234c of the ..... and the courts cannot interfere with the legislative instrument merely because there does not exist a provision in the statute giving some discretion to the authorities constituted under the act.sections 234a to 234c of the income-tax act, 1961, have been inserted in the act with effect from april 1, 1989. sections 234a to 234c replaced old provisions as is evident from the direct ..... disposal of the writ petition are as follows :the petitioner-company is liable to pay income-tax on the profit it makes from conducting a market and running a lodge. under section 207 of the income-tax act, 1961 (hereinafter referred to as 'the act'), every assessee is liable to pay advance tax in accordance with sections 208 to 219. before april 1, 1988, computation of advance ..... tax excluded from the purview of the current income, capital gains and lotteries. however, by the direct tax laws (amendment) act, 1987, made applicable from april 1, 1988, both .....

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