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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 2000 Page 6 of about 119 results (0.036 seconds)

Dec 18 2000 (HC)

City Express Super Market and ors. Vs. Commissioner of Income-tax and ...

Court : Kolkata

Decided on : Dec-18-2000

Reported in : [2001]248ITR728(Cal)

..... authority which is sought to be impugned here. the whole question is whether the revisional authority has exercised its jurisdiction properly within the four corners of section 264 of the income-tax act, 1961, or not.3. i have examined the impugned order of the revisional authority. it appears to me that the revisional authority after having gone through the records was satisfied ..... , i set aside the impugned order of the revisional authority and i direct the revisional authority to re-examine it within the four corners of section 264 of the said act except on the ground of non-appearance of the petitioner before the assessing authority. he should examine the validity and legality of the impugned order of the assessing officer on ..... -appearance or default on the part of the assessee, it was and still is the duty of the revisional authority to exercise its power under section 264 of the said act to examine the legality and validity of the impugned order particularly when an assessee comes with grievance of violation of the principles of natural justice. of course, on the basis ..... him.4. the learned lawyer appearing for the petitioners contends that the petitioner could not appear before the authority concerned in view of the illness as well as the delinquent act and activities on the part of the employees. so, the petitioner was prevented from appearing and thereby, it was denied an opportunity of being heard.5. as far as the .....

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Jun 30 2000 (HC)

Adarsh Mahila Siksha Pratisthan and ors. Vs. the Calcutta Municipal Co ...

Court : Kolkata

Decided on : Jun-30-2000

Reported in : (2001)2CALLT47(HC)

..... the society and make them capable of self independent to earn their livelihood amongst other purposes of public utility and social welfare. the trust is also exempted from income tax under section 80g of the income tax act, 1961.3. the premises in question consisting of 8 storied building and all the floors excepting the 2nd floor are leased out by the petitioners' trust one ..... such illegal order shall file an appeal without resorting to writ jurisdiction. while fixation of municipal tax the corporation did not consider the requirements as envisaged in section 174 of the cmc act, 1980. the total assessment was earlier fixed at rs. 2,94,000/- less municipal taxes and service charges amounted to rs. 30,000/-. now the proposed valuation has been increased ..... the said provisions. the question as to whether who would be primarily liable to pay the tax and as to whether such amount of tax can be recoverable from any other person would depend upon the nature of the levy and the purport and object of the act.'17. another contention has been raised by mr. sen, that the landlord claimed to have ..... received only about rs. 24,000/- as earlier rent whereas they are required to pay tax on the basis of enhanced rate of which has been increased by manifolds. thus it would cause serious prejudice to the petitioners. 18. in section 193 of the act it has referred to incidence of consolidated rate on lands and buildings provided that the same .....

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Nov 09 2000 (HC)

Zee Telefilms Limited Vs. M/S. Sahara India Commercial Corporation Ltd ...

Court : Kolkata

Decided on : Nov-09-2000

Reported in : (2001)1CALLT262(HC)

..... to be proceed against and punished accordingly. therefore, by this provision statute expressly provided that a company can be prosecuted for committing offences under the income tax act. this decision cannot have any application in the present case as under the penal code, there is no such similar provision that a company ..... case law cited in this regard has no manner of application to the facts of the present case. section 278b(1) of income tax act clearly provides that where an offence under that act is committed by a company, every person who, at the time the offence was committed, was in-charge of, and ..... javati v. mahajan borewell, : [1998]230itr1(sc) . that is a case under the provisions of the income tax act. in view of the requirements of the offence under the provisions of the said act, it appears to me that mens rea is not one of the essential ingredients of such an offence and, therefore ..... of prosecuting it for the same. in many recent penal statutes, companies or corporations are deemed to be offenders on the strength of the acts committed by person responsible for the management of the affairs of such company or corporation. but, there is no such provision in the tada which ..... no. 3859/1998.2. the case in brief is that the petitioner zee telefilms limited is a company incorporated under the provisions of the companies act, 1956. the company is engaged in the business of production and procurement of films, tele-serials programmes in news and current affairs etc. and .....

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May 22 2000 (TRI)

Saroj Kumar Poddar Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : May-22-2000

Reported in : (2001)77ITD326(Kol.)

..... in the hands of the assessee could not be subjected to capital gains tax.4. the assessing officer, however, referred to the provisions of section 2(24) of the income-tax act, 1961 and discussed that the definition of "income" as given therein was merely inclusive and not exhaustive. he furthermore stated that income need not necessarily arise from any business activity, investment, outlay or any ..... that case also, it was held that compensation for agreeing to refrain from carrying on competitive business constituted capital receipt not liable to income-tax.the supreme court's decision in the case of cit v. bombay burmah trading corpn. [1986] 161 itr 386 at page 401 has also been relied upon in this case. in that particular case, ..... agent on consideration of an undertaking not to engage in any rival business the same would be treated as a capital receipt not liable to income-tax." the judgment of the madras high court in the case of cit v. saraswathi publicities [1981] 132 itr 207 has also been tried to be relied upon by the ld. counsel for the assessee. in ..... enforceable obligation to pay but may even arise out of voluntary payments. the assessing officer, after discussing the observations made by the privy council in the case of cit .....

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Mar 31 2000 (TRI)

Deputy Commissioner of Vs. Goodricks Group Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Mar-31-2000

Reported in : (2001)77ITD245(Kol.)

..... will henceforth be called the first assessment order). the cit(a) decided the appeal against this order along with another appeal for the assessment year ..... is a departmental appeal against the order of the commissioner oflncomc-tax (appeals) passed on 9-12-1994. the facts of the case are rather somewhat peculiar.2. the assessing officer passed thy assessment order under section 143(3) of the income-tax act, 1961 for this year on 27-3-1989 (this order ..... the assessee even against ihe disallowance of the portion of the expenses relating to restrictive clause in principle. after making various smoky discussions, the second cit(a) finally held as below : "the conclusion that flows out of the discussion above, on its own strength and motion, is quite clear. ..... same services to other lea gardens as discussed above is not wholly for business purposes. the disallowance made by him is upheld in principal.' the cit(a) thereafter discussed that, however, the claim of the assessee regarding the amount relating to this matter (the disallowance) needed lo be looked into ..... ground, the department challenges the direction given by the third cit(a) to delete the interest charged under sections 139(8) and 215 of the act. in this connection the id. dr brings our attention to the order of the second cit(a) in which he had already dismissed the grounds raised .....

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Dec 04 2000 (HC)

B.N. Nobis and Co. Vs. Joint Cit

Court : Kolkata

Decided on : Dec-04-2000

Reported in : (2001)71TTJ(Cal)153

..... no. 530.the learned counsel filed detailed statement to demonstrate that on making these adjustments which were claimed to be mandatory as per provisions of the income tax act, the section 80hhc claim will in fact go up to rs. 4,55,79,921 as against that of rs. 3,09,84,137 originally claimed by the assessee, and ..... or imposed on the assessee as a matter of course, the revenue will be put to great loss because of the inordinate delay in disposal of appeals by the tribunal, (income tax officer v. m.k. mohd kunhi (1969) 71 itr 815 (sc) at p. 822), and therefore, the grant of stay by this tribunal is always coupled with grant of an ..... recomputation of allowable deduction under section 80hhc is wholly erroneous. it was submitted that the chartered accountants certificate in support of deduction under section 80hhc as filed along with the income-tax return, showed the allowable deduction at rs. 3,09,84,137 which was worked out as per the old formula which admittedly ceased to be effective from 1-4-1992 ..... orderpramod kumar, a.m.the assessee has moved these stay petitions, under rule 35a of the appellate tribunal rules, 1963, to seek stay on collection/recovery of income-tax demand of rs. 10,24,699 and rs. 94,75,718, created by order under section 154 read with section 143(1)(a) and under section 143(3) read with .....

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Aug 02 2000 (HC)

Assistant Cit Vs. Sekhar Gupta

Court : Kolkata

Decided on : Aug-02-2000

Reported in : [2001]79ITD192(Cal)

..... they are sold as one unit, if the lands are held by the assessee for a period more than that prescribed under section 2(42a) of the income tax act, namely, 36 months. it is not possible to say that by construction of the building, the land which was a long-term capital asset, has ceased ..... to land and short-term capital gains pertaining to the superstructure was upheld.7. further, the karnataka high court in the case of cit v. c.r. subramanian (2000) 159 ctr 218 (karn) observed that the capital gains arising out of the land are long-term capital gain while ..... remain as an identifiable capital asset even after construction of the building. as per the ratio laid down by the honble madras high court in the case of cit v. ramachandra rao (dr. d.l.) : [1999]236itr51(mad) where the bifurcation of the capital gains for the purpose of long-term capital gains pertaining ..... be treated alike. in support of his argument, he relied on the ratio laid down by the kerala high court in the case of vasavan v. cit (1992) 60 taxman 278 where it was held that the capital gains arising out of compensation paid to wife for acquisition of land belonging to her would ..... submitted that the structure cannot be separated from the land and both are the same unit. he said that the assessee made an attempt to avoid the tax by bifurcating the land from the building. lastly, he justified the order of the assessing officer.5. on the other hand, the learned authorised representative relied .....

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Sep 29 2000 (TRI)

Aeicorp (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Sep-29-2000

Reported in : (2001)77ITD111(Kol.)

..... due should be deleted.as there is a difference of opinion between the members, we refer the following questions to the president under section 255(4) of the income-tax act, 1961 : "1. whether, on the facts and in the circumstances of the case, when the interest on loan advanced to shri k.r. patel ..... . (p.) ltd s case (supra) are not applicable. in the case of ferozepur finance (p.) ltd. (supra) the debtor was in huge arrear of income-tax and financial position was not sound. the assessee contended that there was no hope of recovery even of the principal amount. in the case of motor credit co. ..... the head 'general charges' (rs. 1,811) were not pressed at the time of hearing. accordingly, they are rejected.3. in the assessment the income-tax officer stated that the method of accounting followed by the assessee was mercantile. he made an addition of rs. 77,562 towards interest due on advance to erstwhile ..... in suspense account. hence, the claim for interest had not been given up. the amounts accrued and continued to remain accrued and were, therefore, income assessable to tax".thus in the case considered by their lordships, the interest was never given up nor the agreement that loanee was claimed to have been altered. ..... assessee-company had given up the interest only after the interest had accrued to it. thus, the assessee cannot escape the liability to tax on the interest income that had already accrued from 1-4-1982 to 29-3-1983 as per the decision of the hon'ble supreme court in the .....

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Aug 24 2000 (HC)

J.K. Industries Ltd. Vs. Assistant Commissioner of Income Tax

Court : Kolkata

Decided on : Aug-24-2000

Reported in : [2001]113TAXMAN518(Cal)

..... learned single judge dated 23-3-1988. the main grievance of the appellant before the learned single judge was that the income tax officer had no jurisdiction to issue notice under section 148 of the income tax act, 1961 (hereinafter referred to as 'the act'). the notice should be quashed. the petition of the appellant was dismissed by the learned single judge on two grounds. firstly ..... section 148 for re-opening of the assessment. for re-opening of the assessment notice under section 148, read with section 147(a) of the act was issued. the condition precedent is that income chargeable to tax has escaped by reasons of the failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment for ..... ) to disclose fully and truly material facts necessary for his assessment for that year. both these conditions must co-exist in order to confer jurisdiction on the income tax officer. it is also imperative for the income tax officer to record his reasons before initiating the proceedings as required by section 148(2)...'(p. 445)9. their lordships further considered the fact, if on ..... the part of the assessee to disclose fully and truly all material facts necessary for his assessment. if either of these conditions is not fulfilled, the notice issued by the income tax officer would be without jurisdiction. the important words under section 147(a) are `has reason to belive' and these words are stronger than the words 'is satisfied'. the belief .....

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Jan 04 2000 (TRI)

Pilcom Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jan-04-2000

Reported in : (2001)77ITD218(Kol.)

..... represents transfer from london to pakistan and sri lanka for disbursement of prize money in those countries for matches played therein, the same would not attract the provisions of indian income tax act. firstly, the payment under this particular clause seems to be of the nature of defraying genuine expenses incurred by the cricket boards of pakistan and sri lanka in connection with ..... certainly deserves careful attention. it is contended that, inasmuch as, all the payments were made by pilcom at london i.e.outside india, the provisions of the income-tax act, 1961 relating to deduction of tax at source will not apply to such payments, inasmuch as, the said provisions do not have any extra-territorial jurisdiction.in other words, the assessee tries to argue ..... to in sec. 194e, the principal officer and the company of which he is the principal officer does not deduct or after deducting fails to pay the tax as required by or under the income-tax act, 1961, he or it shall, without prejudice to any other consequences, which he or it may incur, be deemed to be an assessee in default in respect ..... is no doubt about the fact that where there is a conflict between the provisions of dtaa and those of the indian income tax act with regard to some particular issues, the provisions of dtaa would prevail over those of the indian income tax act. however, where there is no such conflict and in respect of matters where the dtaa is totally silent, the provisions of .....

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