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Judgment Search Results Home > Cases Phrase: income tax act Court: supreme court of india Year: 1999 Page 3 of about 188 results (0.098 seconds)

Jan 12 1999 (SC)

Commissioner of Income Tax, New Delhi Vs. D.L.F. United

Court : Supreme Court of India

Decided on : Jan-12-1999

Reported in : (2000)162CTR(SC)178; [2000]243ITR855(SC); JT1999(10)SC561; (1999)9SCC116

..... no. 30 of 1973(1) whether on the facts and in the circumstances of the case, the levy of penalty under section 271(1)(c) of the income tax act, 1961 was justified.(2) if the answer to the aforesaid question is in the affirmative, whether on the facts and in the circumstances of the case, while ..... arise upon the judgment dated 29-5-1985 of the delhi high court answering two sets of references made to it under section 256(2) of the income tax act, 1961 against the revenue. both sets of questions relate to assessment year 1962-63. the first set of questions relate to the assessee's quantum appeals; ..... disallowance of a portion of the purchase price?2. it is patent from the questions in the quantum appeal that they are questions of fact. the income tax appellate tribunal is the final fact-finding authority and it has decided against the assessee. the high court ought not to have entered into a discussion of ..... to justify the finding that the payment of rs. 41,039.67/- made to surjit singh, sham singh and rajinder singh was the assessee's income and was rightly taxed as such in its hands?(3) whether there was any evidence before the tribunal to justify the finding that the sum of rs. 3,78,329 ..... levying penalty, the tax sought to be evaded is to be calculated by including in the income returned, the amounts shown in part f of the return?(3) whether on the facts and in the circumstances of the .....

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Feb 04 1999 (SC)

Commissioner of Income Tax, Calcutta Vs. Sugauli Sugar Works P. Ltd.

Court : Supreme Court of India

Decided on : Feb-04-1999

Reported in : AIR1999SC1144; [1999]236ITR518(SC); JT1999(1)SC327; 1999(1)SCALE323; (1999)2SCC355; [1999]1SCR400

..... unilateral entry in the accounts transferring the amount to the capital reserve account would not bring the matter within the scope of section 41 of the income tax act and consequently held in favour of the assessee. the decision of the tribunal was challenged before the high court. the high court observed :the ..... the deposits and advances which had been paid back and he included a sum of rs. 2,56,529 under section 41 of the income tax act in the total income of the assessee. the assessee went on appeal before the appellate assistant commissioner and the order of the i.t.o, was confirmed. ..... or cessation thereof, the amount obtained by him, shall be deemed to be profits and gain of business or profession and accordingly chargeable to income tax as the income of that previous year, whether the business or profession in respect of which the allowance or deduction has been made in existence in that year ..... the bombay high court which was rendered much earlier in j.k. chemicals ltd. v. commissioner of income-tax, bombay city ii : [1966]62itr34(bom) . the bench observed :. the transfer of an entry is a unilateral act of the assessee, who is a debtor to its employees. we fail to see how a debtor, ..... could not be permitted to turn round when the question of inclusion of such amount in his income under section 41(1) of the act arose. the bench distinguished the judgment in kohinoor mills co. ltd. v. cit : [1963]49itr578(bom) , by observing that there was no cessation of liability in that case .....

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Feb 09 1999 (SC)

Prem Dass Vs. Income Tax Officer

Court : Supreme Court of India

Decided on : Feb-09-1999

Reported in : AIR1999SC1079; 1999(1)ALD(Cri)438; 1999(1)ALT(Cri)204; 1999(1)Crimes69(SC); (1999)152CTR(SC)79; 1999LC1(SC); [1999]236ITR683(SC); JT1999(1)SC360; 1999(1)SCALE343; (1999)5S

..... wrong verification of the statements filed in support of the return, resulting in initiation of penaltroceedings. bearing in mind the legislative intent engrafted under section 279(1a) of the income tax act and the conclusion of the learned sessions judge, on appreciation of evidence not having been reversed by the high court and the grounds of acquittal passed by the sessions judge ..... sessions judge by an elaborate and well reasoned judgment. we have no hesitation to come to the conclusion that the ingredients of offence under sections 276c and 277 of the income tax act have not been established by the prosecution beyond reasonable doubt, and therefore, the appellant cannot be convicted of the offence under the said sections.10. we also find ..... the reasons and grounds advanced by the learned sessions judge while recording an order of acquittal and by merely relying upon the presumption arising out of section 132(4a) of income tax act, reversed the order of acquittal without reversing the findings arrived at by the sessions judge on the evidence on record. the conclusion of the learned sessions judge after appreciating ..... proceeding cannot be interfered with on the basis of findings of the appellate authority or the tribunal in a penalty proceeding. with reference to section 279(1a) of the income tax act and its effect on the pending prosecution, mr. shukla submitted that the said provision has no application as the commissioner or the chief commissioner has not reduced or waived .....

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Feb 16 1999 (SC)

Mathew M. Thomas and ors Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Feb-16-1999

Reported in : AIR1999SC999; (1999)152CTR(SC)172; 1999(111)ELT4(SC); [1999]236ITR691(SC); JT1999(1)SC481; 1999(1)KLT740(SC); 1999(1)SCALE485; (1999)2SCC543; [1999]1SCR651

..... section 269 h in the high court of kerala.2. during the pendency of the appeal, chapter xx-c was introduced in the income tax act (hereinafter referred to as 'act') by finance act of 1986 w.e.f. october 1, 1986. under section 269 rr, chapter xx-a was made inapplicable in relation to ..... the relevant part of the circular reads as follows:-with a view to achieve early finalisation of proceedings under the existing chapter xx-a of the income - tax act, 1961, the board has decided that with effect from april 1, 1986, acquisition proceedings under section 269c will not be initiated in respect of ..... considered by the full bench of the kerala high court in the present case, the delhi high court had occasion to decide the question in commissioner of income tax v. rattan chand sood and ors. : [1987]166itr497(delhi) . after referring to the circular and extracting the second paragraph thereof the high court ..... circumstances pointed out by us, that this clearly not a case in which the proceedings should be allowed to drag on further.10. in commissioner of income tax v. export india corporation (p) ltd. the punjab high court dealt with the matter at great length and refused to agree with the kerala full ..... it to be unsustainable on the facts and circumstances of the case.13. the same view has been expressed by the madras high court in commissioner of income tax v. sivan soap factory : [1997]227itr126(mad) which dissented from the kerala full bench. it accepted the view of the delhi high court and .....

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Feb 18 1999 (SC)

Ram Bai Vs. Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Feb-18-1999

Reported in : (1999)152CTR(SC)167; [1999]236ITR696(SC); JT1999(1)SC546; 1999(1)SCALE554; (1999)3SCC30; [1999]1SCR760

..... on 16.10.70. the appellant filed a return under section 139 (4) of the income-tax act (hereinafter referred to as the 'act') on 17.2.72 disclosing the interest on belated payment of compensation as her income. the i.t.o. rejected it as invalid as it was filed beyond the period prescribed ..... there is no material whatever on record to justify the issue of notice by the i.t.o. under section 147 of the act.10. the commissioner of-income-tax (appeals) and the appellate tribunal have discussed the matter in great detail and pointed out several facts which were sufficient to show ..... on the facts and in the circumstances of the case the appellate tribunal was right in holding that the reassessment proceedings initiated by the income-tax officer in this case were not valid in lawthe high court by its judgment dated 1.4.91 answered the question in the negative ..... the lands were non-agricultural. the commissioner allowed the appeal and cancelled the order of assessment under section 147(a). the department approached the income-tax appellate tribunal with an appeal but in vain as the tribunal agreed with the commissioner and confirmed his order.3. the revenue applied for reference ..... act for the year ending 31.3.65 in march, 1973 and issued a notice under section 148 on 21.4.73. he sought the sanction of the commissioner on the ground that the land acquired was not agricultural land as it had not been subjected to agricultural operation and the capital gains thereon were chargeable to income -tax .....

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Mar 23 1999 (SC)

Universal Plast Limited Etc. Vs. Commissioner of Income Tax, Calcutta

Court : Supreme Court of India

Decided on : Mar-23-1999

Reported in : AIR1999SC1641; [1999]237ITR454(SC); JT1999(2)SC377; 1999(2)SCALE243; (1999)5SCC189; [1999]2SCR131

..... hotel. the lease amount provided separately for running of the building and hire charges for furniture and fixtures. the question that fell for consideration was whether the rent income was business income taxable under the income tax act, 1922? it was held that as the assessee never carried on any business of a hotel in the premises let out or otherwise at all and there ..... is filed by the assessee universal plast limited - from the judgment and order of a division bench of the calcutta high court in income tax reference no. 17 of 1991 under section 256(2) of the income tax act, 1961 [for short, 'the act'] passed on february 6, 1992 [hereinafter referred to as 'upl case'].2. civil appeals nos. 1685-87 and 1700 of 1999 @ ..... of the lease; the intention of the appellant was found to go out of business altogether, therefore the income was not assessable as business income.17. commissioner of income tax, lucknow v. vikram cotton mills ltd. : [1988]169itr597(sc) is again a case arising under the income tax act, 1922. one of the creditors filed a petition in the high court for winding up. the industrial ..... conclusion was reached on the premise that the term 'business' as defined in that act was wider than the definition of that term under the income tax act the minority, however, took a contrary view.15. in sultan brothers private ltd. v. commissioner of income tax, bombay city-11 : [1964]51itr353(sc) , the assessee constructed a building, fitted it up with furniture and fixtures and .....

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Mar 23 1999 (SC)

Premier Cable Co. Ltd. Vs. Commissioner of Income Tax, Cochin

Court : Supreme Court of India

Decided on : Mar-23-1999

Reported in : AIR1999SC1232; [1999]237ITR202(SC); JT1999(2)SC504; 1999(2)SCALE334; (1999)3SCC367; [1999]2SCR143

..... whereof commended on 1st april, 1974 and ended on 30th september, 1975, was made after the procedure under section 144b of the income tax act, 1961, had been followed. the order of assessment was reopened by the commissioner of income tax under section 263(1). the commissioner took the view that the assessment order was erroneous and prejudicial to the interest of the revenue ..... in the circumstances of the case, was the tribunal right in holding that the commissioner of income tax had jurisdiction under section 263 of the income tax act to revise the order of the income tax officer passed after obtaining directions from the inspecting assistant commissioner under section 144b of the act ?(ii) whether on the facts and in the circumstances of the case, was the appellate ..... preceding the assessment year: and to the provisions of section 4 which deals with the charge of income tax and reads thus:charge of income-tax.4(1) where any central act enacts the income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with, and subject ..... previous year of every person:provided that where by virtue of any provision of this act income-tax is to be charged in respect of the income of a period other than the previous year, income-tax shall be charged accordingly.(2) in respect of income chargeable under sub-section (1), income-tax shall be deducted at the source or paid in advance, where it is so .....

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Apr 13 1999 (SC)

M/S. Surana Steels Pvt. Ltd. Vs. the Deputy Commissioner of Income Tax ...

Court : Supreme Court of India

Decided on : Apr-13-1999

Reported in : AIR1999SC1455; [1999]237ITR777(SC); JT1999(5)SC192; 1999(2)SCALE549; (1999)4SCC306; [1999]2SCR589

..... (nt) of 1997 is directed against order dated 31.7.96 passed by the high court rejecting the application under section 256(2) of the income-tax act, 1961 filed by the assessee seeking a reference on similar questions of law and upholding rejection of similar application under section 256(1) by the tribunal ..... the formula prescribed in this clause would make sense and it would be consistent with object sought to be achieved by enacting section 115j of the income tax act, 1961. if 'loss' were to be taken as pre-depreciation loss then the resultant computation will not be in conformity with the tenor of ..... behind the legislation and held that the provisions of section 205 quoted hereinabove stand bodily lifted and incorporated into the body of section 115j of the income tax act, all that we have to do is to read the provisions plainly and apply rules of interpretation if any ambiguity survives. section 205(1), ..... as well as depreciation. in such a case, the lesser of the two amounts will be available for deduction as per the provisions of income-tax act. in case there is profit in a year but after adjustment of depreciation it results in loss, no adjustment in the book profit under ..... the routes through which the different matters travelled up to the high court were different. some were reference applications under section 256(1) of the income-tax act, 1961 and some were writ petitions filed before the high court, all the matters have stood disposed of consistently with the view taken by the .....

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Jul 27 1999 (SC)

Commissioner of Income Tax, Ludhiana Vs. Shri Om Prakash

Court : Supreme Court of India

Decided on : Jul-27-1999

Reported in : AIR1999SC2534; (1999)155CTR(SC)206; [1999]238ITR1044(SC); JT1999(5)SC104; 1999(4)SCALE275; (1999)6SCC349; [1999]3SCR1186

..... of contract. under hindu law a joint family is one of status and right to partition is one of its incidents.... except where there is a specific provision of the income-tax act which derogates from any other statutory law or personal law, the provision will have to be considered in the light of the relevant branches of law. a contract of partnership ..... s.l.p.(c) no. 1608/80.2. the common question posed in these cases relates to interpretation of the term 'individual' in section 64(1)(i) & (ii) of the income tax act, 1961 (as it stood prior to april 1, 1976). the conflict of judicial opinion of various high courts with regard to connotation of that term gave rise to these cases ..... he was a partner in the firms in the capacity of karta of the hindu undivided family, so section 64 of the income tax act did not apply. the income tax officer rejected that contention, included the share income of the minors in his total income and assessed him accordingly. the appellate assistant commissioner upheld the order of the assessing authority, in appeal. on further appeal, the ..... before us.5. on the question whether a karta of the hindu undivided family falls in the term 'individual' in section 64(1)(i) & (ii) of the income-tax act, 1961 (hereinafter referred to as 'the 1961 act'), there is divergence of opinion in various high courts. the high courts of andhra pradesh, gujarat, punjab & haryana, delhi, karnataka, kerala, and rajasthan took the view .....

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Aug 16 1999 (SC)

J. Jermons Vs. Aliammal and ors.

Court : Supreme Court of India

Decided on : Aug-16-1999

Reported in : AIR1999SC3041; 1999(3)CTC697; JT1999(6)SC26; (2000)1MLJ71(SC); 1999(5)SCALE12; (1999)7SCC382; [1999]Supp1SCR467

..... concluded that there is no apparent conflict between the provisions of sections 222 and 226(3) of the income tax act and sections 17(1) & (2) of the west bengal act and that the said provisions of the income tax act could not have the effect of overriding sub-section (1) or (2) of section 17, it becomes ..... and struck out his defence. on revision to the high court of calcutta, a division bench held that the notice under section 226(3) of the income tax act could not have the effect of overriding sub-section (1) or (2) of section 17 and that the tenant in order to avail protection against ..... eviction. we are afraid, we cannot accede to this contention. the respondents exposed themselves to the risk of facing various proceedings under income tax act by their own conduct of not paying the income tax due by them. on service of ex.b-3 on the appellant and the respondents (the assessee in default) the respondents' ..... of notice under section 46(5a) of the income-tax act, 1922 which is a precursor of section 226(3) of the income-tax act, 1961 held that it was in the nature of garnishee order and the tenant (the person on whom the notice was served ..... accordingly, he paid the rent due for the period (a) commencing from ex.b-2 to b-3 - 107 months.23. section 226(3) of the income tax act is identical to order 21 rule 46, c.p.c.24. this court in v.n.vasudeva v. kiroi mal luhariwala : [1964]6scr181 , while considering effect .....

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