Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Page 3 of about 17,162 results (0.064 seconds)

Feb 22 2008 (HC)

The Peerless General Finance and Investment Co. Ltd. Vs. the Income Ta ...

Court : Kolkata

Reported in : (2008)2CALLT391(HC),(2009)225CTR(Cal)67

..... this writ petition, the petitioners challenge an order passed by the settlement commission constituted under the provisions of section 245b of the income tax act, 1961 rejecting the petitioners' application for settlement. i shall henceforth refer to this statute as 'the act'. this order has been passed on 31st may 2007 but the petitioners claim to have received the order on 14th june 2007 ..... the date of making of the order, and thus they were entitled to the benefits of the amended provisions of section 245d(2a) of the act.9. the provision for settlement of a case is provided in chapter xix of the income tax act. the relevant provisions of the act which are material for the present case is contained in section 245d of the said ..... act which was prevailing at the material time and the said provisions are reproduced below:245d. procedure on receipt of an application under section 245c.(1) ..... category, has it prejudiced the petitioner/appellant....41. before however, i examine the argument of the petitioners that by affording opportunity of hearing to the income-tax authorities at the admission stage the settlement commission acted contrary to the provisions of the law, i shall briefly analyse the provisions of the law relating to admission of a settlement application.(i) a settlement .....

Tag this Judgment!

Mar 22 2011 (HC)

Feroze Belal and ors. Vs. the Deputy Director of Income-tax (Exemption ...

Court : Kolkata

..... by the said panchi bibi was a wakf deed and directed that a scheme of management of the wakf estate should be framed. section 220 (6) of the income tax act provides as follows: where an assesses has presented an appeal under section 246 [or section 246a] the [assessing] officer may, in his discretion and subject to ..... the wakf estate. also requires consideration. 6. the impugned order dated march 14, 2011 is set out herein below: office of the deputy director of income tax exemptions-ii kolkata, 10b middleton row, 5th floor, kolkata 700 071 no/ddit-e-ii/panchi bibi wakf estate/2010-11 kolkata 14.3.2011 ..... capricious manner. 9. the impugned order does not indicate what prompted the assessing officer to grant stay subject to proof of payment of 50% of the outstanding tax payment. the assessing officer does not appear to have considered the prima facie case at all. the order does not disclose the reason why the only 50% ..... requested for stay and have given proof of filing appeal, a view is taken after due consideration that for stay to be granted, 50% of the outstanding tax demand may immediately be paid and proof of payment submitted to this office by 23.3.2011. 8. if such proof of payment is not filed, there ..... to mr. feroz belal mutwali panchi bibi wakf estate 54/2 rafi ahmed kidwai road kolkata 700 016 sub: payment of tax for ay to 2003-04 reference: your request for (illegible) vide letters dated 9.3.2011 for ay 2003-04. sir, please refer to the above: .....

Tag this Judgment!

Apr 24 2003 (HC)

Golam Momen Vs. Assistant Commissioner of Income-tax and ors.

Court : Kolkata

Reported in : (2003)185CTR(Cal)78,[2003]263ITR69(Cal)

..... is quoted below (page 574) :'this course was not at all permissible as it is an admitted position that, under the provisions of the income-tax act, while raising a demand for recovery, the concerned assessee has to be issued a notice and it is only after hearing him that an appropriate ..... such notice is only to inform the assessee that the amount has been recovered by virtue of a proceeding under section 226(3) of the income-tax act. he thus prays for dismissal of this writ application.20. the first question that falls for determination in this writ application is whether the ..... any competent authority and the stay petition filed by the petitioner had nothing to do with recovery proceedings initiated under section 226(3) of the income-tax act. by the said letter the bank was requested to make payment of the amount lying to the credit of the petitioner forthwith.11. being ..... by mr. bhattacherjee is that without serving a notice under section 226(3)(iii) of the income-tax act upon the assessee, the income-tax authority cannot recover any amount by taking aid of section 226(3) of theincome-tax act. mr. bhattacherjee contends that in this case till date, the petitioner has not been served ..... by this writ application, the writ petitioner has prayed for setting aside notice dated january 16, 2003, under section 226(3) of the income-tax act, 1961 (the 'act'), issued by respondent no. 1 for realisation of the demanded amount from the different persons who are holding money for or on account of .....

Tag this Judgment!

Jan 12 2009 (HC)

Kolkata Port Trust Vs. Assistant Commissioner of Income-tax

Court : Kolkata

Reported in : [2009]315ITR243(Cal)

..... short) and to deal with and dispose of by appropriate orders the applications made by the petitioner under section 154 of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the said assessment years and to amend the assessments for the said assessment years in accordance with the amended provisions of ..... modifying such assessment in terms of the order dated june 30, 2008, passed by the commissioner of income-tax (appeals) and on the basis of the applications made under section 154 of the act for the said assessment years.2. learned senior advocate appearing on behalf of the revenue has submitted ..... in mahanagar telephone nigam ltd. : [2004] 267 itr 647 was moved against the show-cause notice. with regard to the judgment in the case of cit v. delhi tourism and transportation development corporation ltd. : [2005] 274 itr 35 (delhi) it has been submitted that it does not appear from ..... in view of the amended provisions of section 43(6) of the act and after the insertion of explanation 6 the petitioner is entitled to relief for the depreciation claimed for the assessment years in question. it has ..... been made that the law laid down in mahanagar telephone nigam ltd. : [2004] 267 itr 647 has been followed by the delhi high court in cit v. delhi tourism and transportation development corporation ltd. : [2005] 274 itr 35.3. learned senior advocate appearing on behalf of the petitioner submits that .....

Tag this Judgment!

Mar 21 2011 (HC)

Commissioner of Income Tax, KolkatA. Vs. Contai Cooperatiave Bank Limi ...

Court : Kolkata

1. after hearing the learned counsel for the parties and after going through the explanation given in the application for condonation of delay, we are satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation. we, thus, condone the delay in filing the appeal. 2. this appeal will be heard on the following substantial question of law. whether the learned tribunal below committed substantial error of law in treating the income from investment of non-statutory surplus fund as business income and allowing deduction there to under section 90p(2)(a)( i ) of the income-tax act, 1961.3. which is contrary to the decision of the supreme court in civil appeal no.1622 of 2010 (m/s. totgars cooperative sale society limited vs. income tax officer, karnataka). 4. let notice of this appeal be served by the department on the respondent in usual course. let requisite numbers of informal paper book containing all relevant papers used before the authority below be filed within two months from date.5. in default, the appeal will stand dismissed. liberty to mention after filing of paper book for inclusion in the hearing list. photostat certified copy of this order be made available to the parties upon compliance of usual formalities

Tag this Judgment!

Mar 31 2011 (HC)

The Estate of Sree Sree Radha Kishan Jew. Vs. the Commissioner of Inco ...

Court : Kolkata

..... the amount of remuneration paid to the trustees as fixed by the honble high court constitute deductible expenditure from the income of the trust as per provisions of section 24(1)(iv) of the income-tax act, 1961. 3. mr. khaitan, the learned senior advocate appearing on behalf of the appellant, has strenuously ..... the income-tax act, 1961 is at the instance of an assessee and is directed against an order dated 12th november, 2003 passed by the income-tax appellate tribunal, smc bench, kolkata, in ita no.83/k/03 for the assessment year 1997-98 by which the tribunal affirmed the order of the commissioner of income-tax ..... any annual charge of the property. in this connection, we may profitably refer to the decision of the supreme court in the case of commissioner of income-tax, bombay, city ii, bombay v. sitaldas tirathdas, bombay, reported in air 1961 sc 718 where the supreme court laid down the following test ..... order passed by the tribunal below and has contended that in view of the division bench decision of this court in the case of commissioner of income-tax v. saradeswar siva linga & ors., reported in (1983) 140 itr 953, there is no scope of any argument that the amount spent as ..... (appeals) of holding that remuneration payable to shebaits which is fixed by the founder of the deed of settlement does not amount to annual charge on the property and thus, no deduction under section 24 of the act is permissible. 2. being dissatisfied, .....

Tag this Judgment!

Jan 05 2006 (HC)

Ferring Pharmaceuticals Private Ltd. and anr. Vs. Assistant Commission ...

Court : Kolkata

Reported in : (2006)1CALLT577(HC),2006(1)CHN557,[2006]147STC252(Cal)

..... , remove or deal with the seized articles except with the previous permission of the authorized officer. this may be called deemed or constructive seizure as provided in section 132 of income-tax act, 1961. but in order to constitute seizure the person form whose possession the goods are seized must have prior actual and physical possession of the goods.20. whenever the authorities ..... higher level in the state of mind. in fact, a distinction was made between the reasons to believe and reasons to suspect by the supreme court in the case of income tax officer -i, ward district vi v. lakhmani mewal das reported in : [1976]103itr437(sc) . by construing the words 'reasons to believe' the learned judges of the supreme court in lakhmani ..... mere subjective process. the courts have held that this entertainment of belief must be on relevant facts and within the limits prescribed by the statute. in sheo nath singh v. income tax commissioner, calcutta reported in : [1971]82itr147(sc) , the supreme court held that the belief as suggested by the words 'reasons to believe' must be the belief of an honest and ..... petitioner. on these facts one consignment of 20 boxes was released and the other consignment was seized in exercise of the power under section 70 of the west bengal sales tax act from the alleged possession and custody of sri ashoke das.15. it cannot be disputed that sri ashoke das had no custody over the goods. therefore, this factual assumption is .....

Tag this Judgment!

Aug 03 2006 (HC)

Jaymac Lasetron P. Ltd. and anr. Vs. Commissioner of Income-tax and or ...

Court : Kolkata

Reported in : (2006)206CTR(Cal)532,[2006]286ITR453(Cal)

..... , j.1. both these appeals involve a common question of law. however, the facts in both these appeals are singular in their respective characteristics. applicability of section 281 of the income-tax act, 1961, as well as rule 11 of the second schedule was called in question in these two appeals.facts of the case:jaymac2. jaymac india p. limited (hereinafter referred to ..... expressing his inability to pay further instalments, offered his properties (not circus avenue, kolkata), for sale so that the balance tax liabilities could be paid off. during this period the respective wives were assessed under the income-tax act as well as under the wealth-tax act wherein the circus avenue property was shown as their property.6. on june 3, 1988, sk. barkatullah died leaving ..... as 'jaymac india'), had assessed dues on account of income-tax for the assessment years 1982-83, 1983-84 and 1984-85. jaymac india entered into an agreement for lease with orient beverages limited on llth floor of the premises no ..... transfer of property act, 1882, are pari materia and the section is declaratory in nature. the provision was a mere prelude to the transfer for recovery of tax and the rights of the parties were not in any way affected. it was also observed that by introduction of section 281 no power or jurisdiction was conferred conclusive upon the income-tax authorities.(v) george .....

Tag this Judgment!

Jul 30 2004 (HC)

Commissioner of Income-tax Vs. A.F.T. Industries Ltd.

Court : Kolkata

Reported in : (2005)193CTR(Cal)637,[2004]270ITR167(Cal)

..... in jorehaut group ltd. [1997] 226 itr 622 (gau), it was held that the amount of cess paid is deductible after apportionment from 60 per cent. of the income computed under the income-tax act. nowhere had it pointed out that 60 per cent. of the cess paid is eligible for deduction, not the rest. neither was it held that the balance of 40 ..... ; mcleod russel (india) ltd. v. state of west bengal : [1988]173itr18(sc) , wherein the concept of agricultural income provided in section 2(1a) of the income-tax act and its interpretation with reference to rule 8 of the income-tax rules, 1962, read with section 295 of the income-tax act, was explained and clarified and that the judgment of the guwahati high court is contrary to the principle ..... by fiction in respect of tea grown and manufactured, the agricultural component of the income out of the tea grown is also computed under the income-tax act along with the income out of the tea manufactured from the tea grown. when by fiction the income as computed as an income under the act, all deductions as are available both for the agricultural component and for the business ..... provide that after apportionment of the 60 per cent. of the income so computed shall again be required to be computed under the agricultural income-tax act. on the other hand, this 60 per cent. is exposed and becomes exigible to tax under the agricultural income-tax act without being required to be assessed under the said act by reason of the fiction so created. therefore, the cess .....

Tag this Judgment!

Jul 14 2004 (HC)

income-tax Settlement Commission and ors. Vs. Netaji Chandra Rarhi and ...

Court : Kolkata

Reported in : (2005)1CALLT247(HC),(2005)193CTR(Cal)430,[2004]271ITR514(Cal)

..... above interest by presuming that they have inherent power under section 245d(6) to waive or reduce interest chargeable under sections 234a, 234b and 234c of the income-tax act. however, in ashwani kumar agarwal's case : [1992]195itr861(sc) , the special bench of the settlement commission has held that under section 245d( ..... passed under section 245d(4) on november 27, 1997, in the above case/ cases has waived interest under sections 234a, 234b and 234c of the income-tax act, 1961, for the above assessment years vide page 14 of the said order. while waiving the interest the hon'ble commission has observed as under :interest ..... has been ably argued by both learned counsel. the question is to be looked into within the scope and ambit of section 154 of the income-tax act, 1961. the rectification would be permissible if the case comes within the purview of the scope for rectification as has been settled by various ..... judge had found that rectification sought for in this case by the department does not come within the narrow scope and ambit of section 154 of the income-tax act, 1961, for the reasons given in the said judgment. the department has preferred this appeal in this court.appellant's points :2. mr. ..... the decision in t. s. balaram, ito v. vokart brothers : [1971]82itr50(sc) . the proposition of law is well settled. the income-tax act has not conferred any jurisdiction to review any or either of the authorities under the provisions. the code of civil procedure is not applicable in a proceeding .....

Tag this Judgment!


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