Court : Kolkata
Decided on : Mar-20-2007
Reported in : (2007)2CALLT584(HC)
..... 4. in a recent judgment the apex court rajesh kumar and ors. v. deputy commissioner of income tax and ors. reported in : 287itr91(sc) while deciding whether directions issued under section 142(2a) of the income tax act, 1961 by the authorities are administrative or quasi judicial, held as under:we, however, need ..... date of issue of licence under reference on the firm and their proprietor so that it acts as a deterrent against their misrepresentation of the firm in future. there is absolutely no doubt that the firm misrepresented in claiming depb since they ..... 0299019888 & all benefits under exim policy should not be suspended and fiscal penalty should not be imposed against them, under sections 8 & 11 the act for violation of the conditions of exim policy. the noticee was given 15 days time for submission of their reply. the reason for the notice arose ..... 204, kolkata -700 006 (hereinafter referred to as the 'noticee firm') under sections 8, 9(4), 10 and 11 of foreign trade (development & regulation) act, 1992, calling upon the noticee firm to show cause as to why depb no. 0210017793 dated 23.12.2000 should not be cancelled ab-initio under clause 10 ..... the depb and in exercise of the powers vested in me under section 13 of the foreign trade (development & regulation) act, 1992 read with section 11(2) of the said act, i hereby impose a penelty of rs. 12,62,800/- as penalty in addition to customs duty & interest from the .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-03-2007
Reported in : (2007)211CTR(Cal)343
..... appellant is an assessee under the income-tax act, 1961. the appellant employs several persons in employment. under section 206 of the said act of 1961 the appellant is bound to deduct tax at source from the respective employees on the basis of their estimated salary income. it is the case of the appellant that they duly deducted at source the tax from the respective employees out ..... general : 248itr113(all) the allahabad high court, however, considered an issue prior to issuance of the circular of 1999. the allahabad high court held that since the commissioner of income-tax had designated the assessing officer, kanpur, as tds official, he had requisite jurisdiction under section 131 to make queries with regard to form no. 24. the allahabad high court judgment ..... recovery. mr. shome has contended that once the employer was duty bound to deduct at source the tax from the salary income under section 206 of the said act of 1961 the official had the power to make queries so as to satisfy himself that the tax was duly deducted under section 206 and deposited with the revenue. mr. shome has also contended that ..... of their salary income on tentative basis and deposited the same with the .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-22-2007
Reported in : (2007)212CTR(Cal)213
..... file from kolkata to mumbai which they learnt from the order dated october 11, 2006, passed by the deputy commissioner of income-tax, central circle-22, mumbai, calling for filing of return under section 153c of the income-tax act, 1961 (for short, 'the act'), for the assessment years 1999-2000 to 2004-05. the grounds of challenge are that such transfer was carried out without ..... inviting objection and without giving them an opportunity of hearing. the learned advocate appearing on behalf of the petitioners has relied on the judgment in nitin developers and const v. cit reported in ..... to mumbai, which is an inter-city transfer, no opportunity of hearing was given to the petitioners which is in contravention of sub-section (1) of section 127 of the act. thus, the principles of law laid down in nitin developers : 284itr605(delhi) are applicable to the facts of the case. therefore, the order of transfer of the case of ..... by the petitioners are deemed to be correct.3. in order to delve into the issue it is necessary to refer to the relevant portion of section 127 of the act which is as under:127.(1) the director-general or chief commissioner or commissioner may, after giving the assessee a reasonable opportunity of being heard in the matter, wherever it .....Tag this Judgment!
Court : Kolkata
Decided on : May-04-2007
Reported in : 2007(3)CHN18
..... .i) thereafter, the plaintiff called upon the defendants to execute and register the necessary deed after obtaining clearance under the provision of the income-tax act. ultimately, the predecessor-in-inter est of the first defendant and the second defendant duly executed a deed of conveyance more or less ..... the vendor had no objection in the said arrangement.ii) the vendor should take necessary permission and clearance under section 230(1) of the income-tax act, 1961 or any other clearance, which would be required for the said purpose.iii) the vendor should also take necessary permission from the competent ..... of having proportionate right of the roof and such agreement was in conflict with and repugnant to the provisions of the transfer of property act as, well as the calcutta municipal corporation building rules. the defendants by taking advantage of the said clause are restraining the plaintiff from ..... in the ground floor.h) the plaintiff at all material times since the date of obtaining possession had been paying the proportionate rates and taxes payable to the calcutta municipal corporation by handing over the same to the second defendant. therefore, in part performance of the said agreement, ..... authority under the urban land (ceiling and regulation) act, 1976, if necessary.iv) the vendor should execute the deed of conveyance directed in favour of the purchaser or his nominee.v) the .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-31-2007
Reported in : 297ITR45(Cal)
..... ashim kumar banerjee, j.1. notice under section 148 of the income-tax act, 1961, (hereinafter referred to as the 'said act of 1961'), to the respondent/writ petitioner was called in question in the writ petition filed by them. according to the writ petitioner ..... us. the apex court in the case of smt. amiya bala paul reported in , held that either under section 133(6) or under section 142 the income-tax officer was not entitled to seek report from the valuation officer. hence, the report of the valuation officer could not be the basis of issuance of notice ..... there was, prima facie material at his hands of the high court in exercise of power under article 226 should not interfere with the discretion of the income-tax officer when no case of mala fides had been established. the division bench further observed, the sufficiency or correctness of the material was not a matter ..... and was quashed.(ix) ito v. shree bajrang commercial co. p. ltd. : in this decision the division bench of this court observed that once the income-tax officer had reason to belief and formed an opinion that the assessee had not disclosed fully and truly all the material facts at the time of the regular ..... assessee to prove that the assumption of facts made in the notice was erroneous. the assessee may also prove that no new facts came to the knowledge of the income-tax officer after completion of the assessment proceeding'.(iv) gkn driveshafts (india) ltd. v. ito  259 itr 19 : the apex court held that once .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-11-2007
Reported in : 2007(3)CHN60
..... is not maintainable. section 279 of the it act provides that such a person shall not be proceeded against for an offence under section ..... any element of cognizable offence as alleged.5. mr. mukherjee further submitted that section 194a of the income-tax act (in short it act) provides for deduction of tax at source in respect of payment of interest other than income by way of interest on securities. section 201 of the it act further provides that in the event any person referred to in section 200 of the ..... the credit of the central government the tax deducted at source as required under the provisions of chapter xviib shall be punishable with rigorous imprisonment and with fine. it is thus clear that failure to deposit the tax deducted at source by the petitioner bank with the income tax authority provides for punishment under the income-tax act and proceeding undersection 409 of the ipc ..... shall, without prejudice to any other consequences which he or it may incur be deemed to be an assessee in default in respect of the tax. section 203 of the it act further prescribes that the income tax authority or the person authorised by such authority as referred to insub-section (3) of section 200 shall prepare and deliver to every person from .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-19-2007
Reported in : 2008CriLJ1313
..... ) 283 : (2005) 1 c cr lr (sc) 23 : 2005 cri lj 92.4. it is further argued that the tax deducted at source from the interest accrued on the fixed deposits of the complainant was under section 194-a of the income-tax act but such failure does not give rise to any cause of action to the complainant so as to initiate a ..... enjoins upon the bank to deposit the money with the central government. it is not the case of the complainant that he has been charged by the income-tax authority for not deposit of the tax payable on account of interest accrued on his fixed deposits. this court dealt with the situation exactly in the same line as in bank of baroda v ..... not deposited with the central government it would amount to embezzlement of public money it has to be observed that if the bank after deducting the tax at source did not deposit the amount with the income-tax authority alleged criminal breach of trust can at best be said to have been committed against the central government and the complainant is incompetent to ..... of trustee and beneficiary the charge under section 409 of the i.p.c. is inappropriate. since it is the statutory demand of the bank to deduct the tax at source the tax so deducted becomes the property of the government of india and the bank holds that property as a trustee on behalf of the government. thus the customer does not .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-16-2007
Reported in : (2007)3CALLT620(HC),2008(1)CHN74,[2008(116)FLR751],(2008)IILLJ110Cal
..... clause. though a non-obstante clause is ordinarily understood to be one found in the dominant provision, the supreme court read the opening words of section 220(3) of the income tax act as a non-obstante clause, implying clearly that the opening words of sub-section (3) made that sub-section subservient to the dominant provision of sub-section (2). a non ..... the referred provision.11. the supreme court dealt with section 220(2) and section 220(3) of the income tax act, 1961. sub-section (3) contained similar opening words as in section 11(2) of the 1952 act. sub-section (2) of section 220 of the income tax act, as it originally stood, made an assessee liable to pay simple interest at four per cent per annum ..... 's claim had not been completely discharged by the assessee, the rate of interest in section 220(2) of the income tax act was raised by an amendment to six percent per annum. the question before the supreme court was whether upon the income-tax officer's order having been passed at a time when the rate of interest in sub-section (2) was lower ..... and, sub-section (3) permitted an income-tax officer to extend the time for payment or allow payment by instalments subject to .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-26-2007
Reported in : 2008(1)CHN614,[2008(117)FLR951]
..... the parties.12. he further pointed out that the said society is a charitable organisation which has no profit earning motive. the income-tax authorities has granted exemption towards donation to be collected by the petitioners under section 80g of the income-tax act, 1961.13. he also submitted that 41 employees filed an application jointly who were added as parties to the writ petition ..... further rendering services to provide education, healthcare, vocational training etc.8. it is further submitted that the said society runs on donations only and there is no other source of income.9. mr. banerjee further contended that due to inadvertence and by mistake the writ petitioner no. 2 appellant wrote a letter, to the provident fund commissioner expressing their inability to ..... adhikary, learned senior advocate appearing on behalf of the regional provident fund commissioner, west bengal and ors. contended that the writ petitioners are covered under section 13b of the said act as per the notification being s.o. no. 986 dated 19lh february, 1982 published in fart ii schedule iii (ii) of the gazette of india dated 6th march, 1982. ..... apply to the writ petitioners and there was no notification published by the central government in the official gazette affecting the writ petitioners' establishment within the arena of the said act.7. it is further the case of the writ petitioners that the bengal services society (hereinafter referred to as 'the said society') is a welfare society and have been .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-08-2007
Reported in : 2007(3)CHN730,92SCL201(Cal)
..... up petition.11. after hearing the learned counsel for the parties and after going through the materials on record including the provisions contained in the income-tax act, we find substance in the contention of senior mr. mitra, the learned senior advocate appearing on behalf of the appellant that any amount deducted ..... payable by the appellant pursuant to the conditional order disposing of the winding up petition. according to mr. mitra, the provisions contained in the income-tax act, 1961, having made it compulsory to a debtor to deduct interest payable to a creditor in advance and such amount so deducted being treated as ..... the order impugned herein has accepted the submission of the respondent that the payment by way of deduction of tds under the provisions of the income-tax act could not be lawfully adjusted against the amount directed to be paid by the order dated july 7, 2005 and accordingly, dismissed the application ..... by the order dated july 7, 2005 passed by his lordship.(e) according to the appellant, it is bound under the provisions of the income-tax act to deduct the amount of tds and accordingly, the same was deducted year-wise before the date of the filing of the winding up application ..... on behalf of the creditor to the revenue, his client was by operation of law entitled to claim adjustment of the amount paid to the income-tax authority by way of the tds.6. secondly, mr. mitra submits that at the time of making first instalment, his client having specifically disclosed .....Tag this Judgment!