Court : Chennai
Decided on : Sep-29-2005
Reported in : 279ITR305(Mad); (2005)4MLJ372
..... of senior vice president is the same as the president.9. in our opinion, no g.o can override the statute or statutory rule. the income tax act, as well as the rules made thereunder (which have been quoted above) clearly gives the power to the president to decide the place of ..... to decide, and no senior vice president, vice president or member can insist that he will sit in any particular city or bench. neither the income tax act nor the rules mention any specific place of functioning of the senior vice president. as mentioned in paragraph 12 of the writ petition, different senior ..... more than four years at chennai. it is well settled that transfer is an exigency of service. moreover section 252(5) of the income tax act (in short 'the act') states: -'the senior vice president or vice president shall exercise such of the powers and perform such of the functions of the president ..... as agreed between counsels for the parties we are not inclined to adjourn the case.3. the first respondent was working as senior vice president, income tax appellate tribunal, chennai (hereinafter referred to as 'itat') from 18.10.2000 till the date of his transfer order to bangalore dated 07.01. ..... vice presidents have been functioning at various places.5. section 255(1) of the act states: -'the powers and functions of the appellate tribunal may be exercised and discharged by the benches constituted by the president of the appellate tribunal .....Tag this Judgment!
Court : Chennai
Decided on : Jan-28-2005
Reported in : (2006)200CTR(Mad)315; 274ITR1(Mad)
..... 239itr176(mp) also does not assist the assessee as the madhya pradesh high court considered section 40a(7) of the income tax act and the question whether it was a capital expenditure or not was not the subject matter of consideration. 16. learned counsel for ..... discharge that liability would be capital in nature and the assessee is not entitled to claim deduction. 13. the calcutta high court in commissioner of income tax v. hoogly mills co. ltd : 266itr257(cal) , while considering the case of liability of gratuity taken over by the assessee from ..... trade liability, can make no difference in principle...' 11. the punjab and haryana high court in dashmesh transport co.p. ltd. v. commissioner of income tax, patiala , while considering the case of discharge of liability of the transferor company taken over by the transferee, held as follows: '...although the terms ..... not correct in holding that it is not allowable as a business deduction. learned counsel strongly relied on the decision of this court in commissioner of income tax v. fenner (india ) limited : 241itr645(mad) (one of us was a party) and submitted that when the amalgamated company took over ..... and completed the assessment for the assessment year 1988-89. the assessee carried the matter on appeal before the appellate authority and the commissioner of income tax (appeals) held that the liability of the assessee towards gratuity paid to the employees for their services rendered to their previous employer namely, .....Tag this Judgment!
Court : Chennai
Decided on : Dec-14-2005
Reported in : (2006)206CTR(Mad)440; 286ITR626(Mad)
..... accepting the additional income offered. however, he made a further addition of rs. 1 ..... act, which was included in the income returned. the assessment was finalised by the assessing officer ..... relevant assessment year is 1992-93. the assessee filed his return of income for the assessment year 1992-93 on 28.6.1993 admitting an income of rs. 7,61,540/-. a search was conducted under section 132 of the income tax act on 20.2.1992 and in that, the assessee declared the additional income purported to be under section 132(4) of the said ..... penalty proceedings under section 271(1)(c) of the said act and levied a minimum penalty with reference to such an alleged concealed income. 3. on appeal at the instance of the assessee, the commissioner of income tax (appeals) cancelled the entire penalty levied and allowed the appeal. against the order of the commissioner of income tax ( appeals), an appeal was filed by the revenue before .....Tag this Judgment!
Court : Chennai
Decided on : Jan-25-2005
Reported in : (2006)202CTR(Mad)272; 274ITR59(Mad)
..... tribunal has stated a case and referred the following three questions of law for our consideration under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'):1. whether on the facts and circumstances of the case the tribunal was right in law in holding that the compensation paid on termination of the agreement with the ..... profit making apparatus and therefore the payment of compensation was a capital expenditure and not a revenue expenditure. the view of the income-tax officer was upheld by the commissioner of income-tax (appeals), and on further appeal by the income-tax appellate tribunal. the assessee has challenged the order of the appellate tribunal and the appellate tribunal has stated a case and referred ..... termination of their marketing agency agreements. the total compensation paid to three distributors was rs. 2,40,000/- and the assessee claimed the entire compensation as business expenditure. the income-tax officer disallowed the claim of the assessee on the ground that the compensation paid by the assessee was not to get rid of any onerous agreements, but to acquire a ..... marketing distributor would be a capital expenditure? 2. whether the income-tax appellate tribunal was right in its finding that the compensation paid was towards the .....Tag this Judgment!
Court : Chennai
Decided on : Mar-03-2005
Reported in : 2005(4)CTC161; (2005)199CTR(Mad)432; 279ITR342(Mad)
..... appellant can raise all the points which he is urging before us in both these writ appeals before the appellate authority in his appeal under section 246/251 of the income-tax act.15. we may also mention that we have already held in tamilnadu state transport corporation v. c. durai and anr., 2005 w.l.r. 136 that even if there is ..... on the ground that since the assessment order has been passed the petitioner has an alternative remedy of filing an appeal under section 246 read with section 251 of the income-tax act. we agree with the view taken by the learned single judge that the appellant has an efficacious alternative remedy of filing an appeal.4. in w.a. no. 377 of ..... the learned senior counsel for the appellant and the learned departmental counsel.2. the appellant had first filed a writ petition challenging the assessment notice under section 158bc of the income-tax act, 1961. that writ petition being w.p. no. 38648 of 2004 was dismissed on 7.2.2005 on the ground that assessment order has already been passed on 29.12 ..... respectfully agree with the view taken by the allahabad high court in the aforesaid decision.14. learned senior counsel for the appellant submitted that section 251 of the income-tax act has been amended by finance act, 2001 and now there is no power in the commissioner (appeals) to remand the matter back to the assessing officer. in our opinion, that will not make .....Tag this Judgment!
Court : Chennai
Decided on : Jan-07-2005
Reported in : (2006)200CTR(Mad)682; 273ITR320(Mad)
..... company and its main business is the manufacture of sugar. the assessee claimed, in its assessment proceedings, weighted deduction on certain expenses under section 35c of the income-tax act, 1961 (hereinafter referred to as 'the act'), but the assessing officer disallowed the following expenses:-1. 50% of motor vehicle maintenance of cane department ... rs. 2,55,112/-2. transport of fertiliser ... rs. 42 ..... to as 'the appellate tribunal') and the appellate tribunal concurred with the reasonings of the commissioner of income-tax (appeals) and held that the expenditure incurred by the assessee did not qualify for weighted deduction in terms of clause (b) of section 35c of the act. the assessee has challenged the order of the appellate tribunal and on the basis of the directions ..... n.v. balasubramanian, j.1. pursuant to the directions of this court in t.c.p. no. 766 of 1997 dated 25.6.1998, the income-tax appellate tribunal has stated a case and referred the following question of law for our consideration:-'whether on the facts and circumstances of the case, the appellate tribunal was right ..... ,155/-3. 60% of cane travelling expenses ... rs. 1,56,900/-the commissioner of income-tax (appeals), on appeal preferred by the assessee, upheld the disallowance made by the assessing .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-2005
Reported in : 274ITR117(Mad)
..... tribunal has stated a case and referred the following question of law for our consideration under section 256(1) of the income tax act, 1961: 'whether on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the rent receipts derived by the assessee company ..... own case for the assessment year 1985-86 and held that the income derived from the property should be assessed under the head 'business'. the income tax appellate tribunal, at the instance of the revenue, has stated a case and referred the question of law set out earlier. 3. it is ..... by the assessee. the assessee carried the matter in appeal before the commissioner of income tax (appeals), and the said authority allowed the appeal holding that the income from the property should be assessed under the head 'business'. the revenue challenged the order of the commissioner of income tax (appeals) before the income tax appellate tribunal. the appellate tribunal followed its own order rendered in assessee's ..... stated by the learned standing counsel for the revenue that the order of the income tax appellate tribunal for the assessment year 1985-86 along with other years was the subject matter of reference in tax cases no. 95, 197 and 209 of 2000 and this court in cit v. chennai properties and investments ltd., : 266itr685(mad) , held that the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-05-2005
Reported in : 287ITR561(Mad)
..... an ultra vires provision. we will now consider the scope of the other relevant provisions of the income-tax act and the income-tax (certificate proceedings) rules. rule 9 of the second schedule to the income-tax act limits the jurisdiction of the civil court to decide questions arising between the income-tax officer and the defaulter or the representatives, relating to the execution, discharge or satisfaction of the certificate ..... to defraud the revenue, the revenue will have to file a suit under rule 11(6) of schedule ii to the income-tax act to have the transfer declared void under section 281 of the income-tax act.8. it is, therefore, clear that the income-tax officer had no jurisdiction to declare the transaction of sale to which the petitioners were parties as purchasers, as void. the ..... rs. ..including costs and interest ...60. thus, the total amount due from the defaulter and the details of the certified copy of the certificate under section 223(2) of the income-tax act specifying that amount to be recovered from the defaulter are to be stated.61. accordingly, in the tamil proclamation, the total amount due from sfl has been stated as rs ..... the union. these documents of the government of india would be either in hindi or english or both. the conditions in rule 52(2) of the second schedule to the income-tax act that the proclamation of sale is to be published in the local language can only be read to mean, in addition to the official language. learned senior standing counsel for .....Tag this Judgment!
Court : Chennai
Decided on : Apr-08-2005
Reported in : I(2006)BC390; 2005(3)CTC389; (2005)2MLJ624
..... recovery officer to treat them as tenants of the property and so there are grounds to consider that they are acting at the instigation of the defaulter/borrower, which made the recovery officer to pass order under rule 42 of the income-tax act(certificate proceedings) rules, 1962. 14. the lease agreement said to have been executed between the revision petitioner vasudevan and ..... the borrower since they are not defaulters to bank and the tenants had been inducted by borrower before issuance of recovery certificate. it is also held that rule 40 of income tax (certification proceeding) rules contemplates only symbolical delivery and not actual delivery and the auction purchaser is entitled only to symbolical delivery and not actual possession. it is further held ..... , chennai-39, thiru n. nanda kumar, advocate, chennai has been appointed as advocate-commissioner to evict the occupants, viz., mr. p. ganesh kumar and mrs. g. priya or anybody acting on their behalf from the demised property and hand over the vacant possession to the auction purchaser and further directed that he shall discharge all the functions of recovery officer ..... borrower/defaulter.9. the learned counsel for the second respondent further submitted relying on the schedule ii rule 11(1), (3) and (4) of the procedure for recovery of tax that when the properties, subject matter of the revisions, were attached, no such claim was made by the revision petitioners herein as tenants under the defaulter/borrower.10. the learned .....Tag this Judgment!
Court : Chennai
Decided on : Oct-25-2005
Reported in : (2006)203CTR(Mad)42
..... madras and the cost of acquisition was determinable in accordance with the provisions of section 55(b)(2) of the income tax act.10. consequently, we do not see any merit in the appeal and hence the same is dismissed. no costs. ..... : 162itr93(mp) , which is followed by the authorities below. the tribunal also followed the decision reported in : 128itr294(sc) (commissioner of income-tax v. b.c.srinivasa setty), wherein the supreme court, while dealing with a similar issue regarding capital gains, after referring to various sections, held as under,'... ..... revenue has preferred the present appeal raising the following substantial question of law:'whether on the facts and in the circumstances of the case, the income tax appellate tribunal was right in holding that there was no capital gains assessable in respect of the transfer of the site and palace at pudukkottai belonging ..... at some cost in terms of money, deleted the addition on account of capital gains.5. it is against this decision, the revenue moved the income tax appellate tribunal, chennai bench. before the tribunal, both the assessee and the revenue conceded that similar issue in assessee's own case for the assessment ..... 17,76,020/- to assessment as long term capital gains.4. the assessee, not satisfied with the assessment, preferred an appeal before the commissioner of income tax (appeals) contending that he had become owner of the property under the merger agreement with the indian union in the year 1947 and he had not .....Tag this Judgment!