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Judgment Search Results Home > Cases Phrase: income tax act Court: chennai Year: 2009 Page 9 of about 116 results (0.046 seconds)

Apr 16 2009 (HC)

M.C. Sivagamui and anr. Vs. M.C. Kuppusamy and ors.

Court : Chennai

Decided on : Apr-16-2009

Reported in : AIR2010Mad1

..... decide whether there was any transfer of interest, which requires registration under section 17 of registration act. coming to the terms of dissolution of partnership firm dated 10-4-1975, it is found that the suit property with all its liabilities including the income tax and all other tax assessment, demands and dues, debts and loans and other obligations pertaining to the firm was ..... is there any extinguishment of interest of other partners in the allocated property in the sense of transfer or extinguishment of interest as contemplated under section 17 of the registration act. therefore when a dissolution of the partnership firm takes place and the residue is distributed among the partners after settlement of accounts, there is no partition, transfer or extinguishment ..... right or title over the suit property, the plaintiffs, whether they are legitimate or illegitimate, cannot have any share in the suit property.16. section 48 of the indian partnership act, 1932 deals with mode of settlement of accounts between the partners. the aforesaid provision of law deals with the rules to be deserved by the partners while settling the accounts ..... for the plaintiffs would submit that the dissolution of the partnership firm dated 10-4-1975 was not properly stamped and registered, as required under section 17 of the registration act. the fact remains that the private money was pumped into when the entire property of the partnership firm was allotted to the share of m. c. chokkalingam. such an .....

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Jan 28 2009 (HC)

R. Vasinathan, Vs. the Commercial Tax Officer (Fac) and

Court : Chennai

Decided on : Jan-28-2009

Reported in : [2010]153CompCas174(Mad); (2009)23VST82(Mad)

..... .p. reported in : [1969]73itr702(sc) ; delhi development authority v. skipper construction co. (p) ltd. reported in air 1996 sc 205; the commissioner of income-tax madras v. sri meenakshi mills ltd. madurai reported in : [1967]63itr609(sc) , etc.6. we have heard the learned counsel for the parties and noticed the ..... the year 1993-94 to 1995-96 under the tamil nadu general sales tax act (hereinafter referred to as the 'tngst act') and central sales tax act (hereinafter referred to as the 'cst act') and the petitioners being shareholders are liable to pay tax arrears. they have been asked to clear the entire arrears within a stipulated ..... carried on business from the assessment year 1993-94 to 1996-97 and thereafter its business was discontinued and registration not renewed under the sales tax act.2) the assessment orders were duly served on the company and become final; the sum of rs. 18,25,048/- is the settled arrears ..... or other association of persons, and such family, firm or association is partitioned, or dissolved, as the case may be(a) the tax payable under this act by such family, firm or association of persons for the period upto the date of such partition or dissolution shall be assessed as if ..... even after their resignation.the case of the petitioners is that the company was the dealer and assessee, which was liable to pay tax under the cst and tngst act. the 3rd petitioner already died during the pendency of the writ petition on 26th july, 2008, who earlier resigned from the .....

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Jan 19 2009 (HC)

Tamilnad Mercantile Bank Ltd. Vs. the Commercial Tax Officer

Court : Chennai

Decided on : Jan-19-2009

Reported in : (2009)23VST151(Mad)

..... in : [2001]247itr165(sc) (dena bank v. bhikhabhai prabhudas parkesh and co. and ors.), a division bench of this court held that the income tax department cannot claim priority over debts due to secured creditors. respectfully following the same and the decision of the apex court relied on by the division bench ..... claim over even the state claim. 19. when the liability in favour of the bank is well before the demand under the tamil nadu general sales tax act fructified, the decision relied on by the respondent reported in : [2001]247itr165(sc) (dena bank v. bhikhabhai prabhudas parkesh and co. and ors ..... of bikaner & jaipur v. national iron and steel rolling corporation and ors.) shows that the same related to section 11-aaaa of the rajasthan sales tax act 1954. the creditor bank filed a suit for recovery of the amount payable by the defaulter and for the realisation of the same, asked for ..... forty seven lakhs thirty seven thousand nine hundred and twenty nine only). the petitioner further contended that section 24 of the tamil nadu general sales tax act provided for a charge on the asset of the defaulting assessee and does not provide for the charge on sale proceeds. hence, the sale proceeds ..... rajasthan) and submitted that the said decision does not contemplate tracing the sale proceeds for recovery, as section 24 of the tamil nadu general sales tax act provided for a charge only on the asset of the defaulting assessee. it is also pointed out that the above decision related to a case .....

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Jul 14 2009 (HC)

Operating Lease and Hire Purchase Co. Ltd. Vs. Assistant Commissioner ...

Court : Chennai

Decided on : Jul-14-2009

Reported in : [2010]186TAXMAN491(Mad)

..... in consonance with law and we do not find any illegality in the said conclusion arrived at by the assessing authority, which came to be confirmed by the commissioner of income-tax (appeals) as well as by the tribunal. we, therefore, do not find any valid ground to entertain this appeal on that ground as well.consequently, the appeal fails and the ..... the financial year 2003-04, the effect can be given only in the assessment year 2004-05. the above conclusion of the assessing authority was confirmed by the commissioner of income-tax (appeals) as well as by the tribunal. the tribunal, by order dated 30-4-2008, held that even before the tribunal, the assessee was not able to produce the necessary ..... to rs. 87,89,706 in the books of account on 30-9-2003. the authorised representatives were empowered to file necessary returns before the income-tax authorities and claim the deduction as on 31 -3 -2003. while dealing with the said claim made on behalf of the appellant, the assessing authority has noted that the appellant ..... and in the circumstances of the case, the tribunal was right in law in holding that the appellant is not entitled to deduction in respect of reversal of income which was offered to tax on the basis of hire purchase transaction which did not materialize?(2) whether on the facts and in the circumstances of the case, the tribunal was justified in .....

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Jun 15 2009 (HC)

Sumitra Menon Vs. the Assistant Commissioner of Income Tax

Court : Chennai

Decided on : Jun-15-2009

Reported in : [2009]315ITR111(Mad)

..... her behalf, on the footing that there was no proper service of notice in relation to the assessment proceedings initiated originally by the assessing authority viz., the joint commissioner of income tax.6. in the above stated background, when we examine the correctness of the order impugned in this appeal, the following part of the order of the tribunal in paragraphs 5 ..... assessee. therefore, we find that the c.i.t.(appeals) was not correct in quashing the order on the ground of service of notice under section 143(2) of the act. we restore the order of the assessing officer and reverse the order of the c.i.t.(appeals) on this issue.6. adverting to the merits of the case, we .....

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Jun 09 2009 (HC)

T. Singaravel @ Ramachandran, Vs. Sudarsanathammal and ors.

Court : Chennai

Decided on : Jun-09-2009

Reported in : (2009)5MLJ1297

..... exceed the extent specified in the explanation below;(b) the landlord has not been assessed to any sales tax, profession-tax or income-tax under the respective laws relating to the levy of such taxes during 1967-68 or 1968-69; or(iii) if subsequent to the 1st december, 1969 the landlord ..... of this act, he is in possession, either as owner or as tenant or as both, of land exceeding the extent specified in the explanation below or if he has been assessed to any sales tax, profession-tax or income-tax under the respective laws relating to the levy of such taxes during 1967-68 ..... observed that seetharaman naidu was the cultivating tenant in respect of the above said properties.5. the petitioners do not have any other income except the income from the said lands. being the ladies they could not resist the respondents who with their men and agents cause all sort of ..... should be pleadings regarding the personal cultivation and unless the conditions for declaring a person as a cultivating tenant exist, no protection under the act can be granted.4. learned counsel appearing for respondents 1 to 6 would submit that a finding has already been given in the earlier ..... has bona fide admitted some other cultivating tenant to the possession of the land and such other tenant has cultivated the land before the commencement of this act .....

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Jun 09 2009 (HC)

Madras Hire Purchase Association Represented by Mr. NitIn Sagan Vs. Un ...

Court : Chennai

Decided on : Jun-09-2009

Reported in : (2009)225CTR(Mad)289; (2009)5MLJ1137; [2009]18STJ235(Madras); 2009[16]STR3; (2009)25VST446(Mad)

..... covered by it to intrude upon this field.19. the respondents submitted that notification no. 4/2006-st dated 01.03.2006 was issued granting exemption on 90% representing interest income. the petitioners/appellant argued to the extent that granting such exemption would not save legislative competence, if there is no competence, the provision has to be struck down. both ..... constitutional amendment to entry 92-c to list i of vii schedule under article 268-a are introduced giving authority to the parliament to legislate on service tax; that section 65(12) of the finance act, 1994 defines 'banking and other financial services' as 'financial leasing services including equipment leasing and hire-purchases'. the learned additional solicitor general further submitted that ..... companies, which are carrying on leasing and hire purchase are paying service tax without any protest, since it is well known fact that in the said transaction ..... leasing and hire purchase transactions so far as service element is concerned and vat is payable for sale to state government. the government of india issued a circular dated 4/06-st dated 01.03.2006 granting exemption of 90% interest income earned on leasing and hire purchase. it is further submitted by the learned additional solicitor general that the banking .....

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Jun 09 2009 (HC)

Madras Hire Purchase Association Vs. Union of India (Uoi)

Court : Chennai

Decided on : Jun-09-2009

Reported in : [2009]21STT355

..... upon this field. (p. 266)19. the respondents submitted that notification no. 4/2006-st, dated 1-3-2006 was issued grant in exemption on 90 per cent representing interest income. the petitioners/appellant argued to the extent that granting such exemption would not save legislative competence, if there is no competence, the provision has to be struck down. both sides ..... ) and constitutional amendment to entry 92-c to list i of viith schedule under article 268a are introduced giving authority of the parliament to legislate on service tax; that section 65(12) of the finance act, 1994 defines 'banking and other financial services' as 'financial leasing services including equipment leasing and hire-purchases'. the learned additional solicitor general further submitted that ..... baking companies, which are carrying on leasing and hire-purchase are paying service tax without any protest, since it is well known fact that in the said transaction ..... leasing and hire-purchase transactions so far as service element is concerned and vat is payable for sale to state government. the government of india issued a circular 4/06-st, dated 1-3-2006 granting exemption of 90 per cent interest income earned on leasing and hire-purchase. it is further submitted by the learned additional solicitor general that the .....

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Apr 13 2009 (HC)

Dharampal Satyapal Limited Vs. the Commercial Tax Officer,

Court : Chennai

Decided on : Apr-13-2009

Reported in : 2009(243)ELT179(Mad); (2009)24VST193(Mad)

..... just chewing tobacco.4. to support their case of inclusive definition, petitioners place reliance on : 2008(227)elt497(sc) [ponds india limited v. commissioner of trade tax, lucknow] and : [1971]82itr44(sc) [the commissioner of income-tax, andhra pradesh v. taj mahal hotel, secunderabad]. it was submitted that the words 'that is to say' in sl. no. 1(iv) have been used so ..... chocolate co. ltd. 1951 clr (ex) 122, the decision was whether salted peanuts and cashew nuts could be considered to be fruit or vegetable within the meaning of the excise tax act and justice cameron of the canadian exchequer court emphasised the importance of commercial understanding of the products in the following words:my findings must be that as products and as ..... , which is chewable tobacco, our high court has referred to (1990) 76 s.t.c. 319 [parimala agencies v. state of orissa] which related to assessment under the orissa sales tax act. and we find the entries at various points of time read as follows:tobacco and all its products other than chewing tobacco, gudakhu, 'pan masala', gundi, zarda and snuff.therefore ..... supreme court held against the assessee and said that aluminium rolled products and cannot be described as 'metal' for the purposes of the notifications issued under the u.p. sales tax act and that when aluminium ingots and billets are converted into aluminium rolled products and extrusion products, they go through a process of manufacture which brings into existence of a new .....

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Jan 23 2009 (HC)

S. Pattabhiraman Vs. Registrar of Companies

Court : Chennai

Decided on : Jan-23-2009

Reported in : [2009]148CompCas705(Mad); [2009]96SCL305(Mad)

..... of mr. s. venkataramanan and he denied entry and access of the same to him, about which he has also written to the income-tax department on november 30, 2000, stating that he was helpless in filing income-tax returns. it is also stated that the registered office of the company happens to be the residence of the said mr. s. venkataramanan, ..... reason, the balance-sheet and annual returns could not be filed. similarly, by letter dated november 30, 2000, the assistant director of income-tax, company circle-i, chennai, was informed of the reason for not filing income-tax return.7. the respondent has issued a show-cause notice dated july 23, 2005, to the petitioner as to why action should not ..... be taken for prosecuting him under sections 162, 168 and 220(3) of the companies act, 1956 (in short, 'the act'), for contravention of sections 159, 166 and 220, ..... etc., the micro processor based process control instruments, digital analog systems and industrial automation, apart from designing, developing, engineering, altering, etc., hardware, software, process control instrumentation and also to act as consultant and advisor on process control instrumentation and industrial automation and to render organisation development services, recruitment development, etc.4. the company was incorporated in the year 1995 and .....

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