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Judgment Search Results Home > Cases Phrase: income tax act Court: supreme court of india Year: 1999 Page 4 of about 188 results (0.212 seconds)

Dec 15 1999 (SC)

The Commissioner of Income Tax, Madras Vs. M/S. Sundaram Spinnings Mil ...

Court : Supreme Court of India

Decided on : Dec-15-1999

Reported in : AIR2000SC490; [2000]241ITR350(SC); JT1999(10)SC32; 1999(7)SCALE515; (2000)1SCC466; [1999]Supp5SCR365

..... in the manufacture of yarn on the ground that its manufacturing product, viz., 'yarn' falls under item no. 21 of ninth schedule to the income tax act, 1961. the view of the assessing authority as supported by the inspecting assistant commissioner was that the manufacture of cotton yarn did not amount to manufacture ..... works p. ltd. : [1980]125itr331(cal) , the high court was called upon to interpret item no. 33 of the fifth schedule under the income tax act, 1961. the question was, whether the assessee would be entitled to higher rate of development rebate under section 33(1)(b)(b)(i) on the ..... j.1. this appeal challenges the decision of the madras high court in reference under section 256(1) of the income tax act, 1961, in which the following question was referred by the income tax appellate tribunal at the instance of revenue which was adjudicated against it.whether, on the facts and in the circumstances of ..... shalimar rope works p. ltd. : [1980]125itr331(cal) , where item nos. 32 and 33 of the fifth schedule of the income tax act were considered, upheld the order passed by the first appellate authority. revenue, therefore, sought for reference of the aforesaid question to the high ..... are manufactured and since in item no. 21, word 'textile' is used, manufacture of yam is not covered under item no. 21. the commissioner of income tax (appeals) upheld the order of assessing authority and held 'yarn' is covered under item no. 21 thus assessee is entitled for the grant of higher rate .....

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Mar 17 1999 (SC)

Commissioner of Income Tax Vs. Mysodet (P) Ltd., Bangalore

Court : Supreme Court of India

Decided on : Mar-17-1999

Reported in : AIR1999SC1271; [1999]237ITR35(SC); JT1999(2)SC240; 1999(2)SCALE83; (1999)3SCC278

..... was admittedly not sufficient to distribute as dividend among other shareholders. therefore, the company had contended that in view of the fact that under section 2(22)(e) of the income tax act, 1961, payment of any advance or loan to a shareholder being a deemed payment of dividend, there was no case for invoking the provision of section 104 of the ..... in i.t.r.c, no. 21/82.2. the following question was referred to the high court for its opinion under section 256(1) of the income tax act, 1961 (hereinafter referred to as 'the act'):whether on the facts and in the circumstances of the case, the tribunal was right in law in holding that the provision of section 104 of the ..... income-tax act, 1961 was applicable to the instant case for the assessment year 1975-76?3. the facts leading to the abovesaid reference are as follows:4. the respondent-company is a ..... company for the assessment year 1975-76 at rs. 6,27,430/- holding that the company did not distribute any dividend to its shareholders. the income tax officer initiated proceedings under section 104 of the act, demanding additional income-tax of rs. 31,434/-.5. against the said assessment order, the respondent-company preferred an appeal before the appellate assistant commissioner. having failed before the .....

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Apr 26 1999 (SC)

The Gujarat Agro Industries Co. Ltd. Vs. the Municipal Corporation of ...

Court : Supreme Court of India

Decided on : Apr-26-1999

Reported in : AIR1999SC1818; 1999(3)ALLMR(SC)666; JT1999(3)SC259; 1999(3)SCALE40; (1999)4SCC468; [1999]2SCR895; 1999(2)LC792(SC)

..... permissible to enact a law that no appeal shall lie against an order relating to an assessment of tax unless the tax had been paid. such a provision was on the statute book in section 30 of the indian income-tax act, 1922. the proviso to that section provided that '... no appeal shall lie against an order under ..... sub-section (1) of section 46 unless the tax has been paid'. such conditions merely regulate the exercise of the right of appeal ..... matter to arbitration. under sub-section (1) of section 408 where any person aggrieved by any order fixing or charging any rateable value or tax under the act desires that any matter in difference between him and the other parties interested in such order should be referred to arbitration, then, if all such ..... value a complaint has previously been made to the commissioner as provided under this act and such complaint has been disposed of;(c) in the case of an appeal against any tax in respect of which provision exists under this act for a complaint to be made to the commissioner against the demand, such ..... may set out here and now:406.(1) subject to the provisions hereinafter contained, appeals against any rateable value or tax fixed or charged under this act shall be heard and determined by the judge.(2) no such appeal shall be entertained unless--(a) it is brought within .....

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Jan 05 1999 (SC)

Commissioner of Income-tax Vs. Bhaskar Picture Palace

Court : Supreme Court of India

Decided on : Jan-05-1999

..... to the commencement of the aforequoted order, in which it is, inter alia, stated :'11. section under which the order is passed : 245d(l) of the income-tax act, 1961'.8. in his submission, the application had, therefore, been rejected not onlyunder sub-section (1a) but also under sub-section (1). the submission hasonly ..... the same years for which they had applied earlier and the settlement commission entertained these applications. its full bench in birumal gaurishankar jain and co. v. income-tax settlement commission , found that, having regard to the omission of sub-section (1a) as aforestated, the settlement commission was entitled todo so. the union ..... 1. this batch of cases concerns section 245d of the income-tax act, 1961, as it stood prior to 1991 and thereafter. prior to the amendment in 1991. section 245d(1) and (1a), read thus :' ..... stand and regular show collections were not entered in the regular books of account maintained by the applicant thereby concealing particulars of income. therefore, the objection raised by the commissioner of income-tax is sustained for the said years.'6. in regard to the assessment years 1983-84 and 1984-85, the settlement commission, ..... with on the ground that concealment of particulars of income on the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or imposable under this act, has been established or is likely to be established by any income-tax authority, in relation to the case : provided that .....

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Oct 01 1999 (SC)

Commissioner of Income-tax Vs. Jaiswal Chemicals P. Ltd.

Court : Supreme Court of India

Decided on : Oct-01-1999

Reported in : [2001]248ITR106(SC)

..... high court : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in upholding the order of the commissioner of income-tax (appeals) in granting relief to the assessee under section 32ab of the income-tax act, 1961, on the interest component of the income earned out of the monies invested in short term deposits for the assessment year 1990 ..... act 2. there will be no order as to costs.c.a. no. 5673 of 1999 at s.l ..... and in the circumstances of the case, the tribunal was justified in law in upholding the commissioner of income-tax (appeals) in directing the assessing officer to treat the interest income as eligible profits of the business while computing the deduction under section 32ab of the act whether, on the facts and in the circumstances of the case, the tribunal was justified in law ..... in upholding the order of the commissioner of income-tax (appeals) in directing the assessing officer to include the interest income in the gross total income while computing the relief under section 80-i of the .....

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Jan 05 1999 (SC)

Commissioner of Income Tax Vs. Bhaskar Picture Palace

Court : Supreme Court of India

Decided on : Jan-05-1999

Reported in : JT1999(10)SC563; (1999)9SCC232

..... to the commencement of the afore-quoted order, in which it is, inter alia, stated :11. section under which : 245-d(1) of the income the order is passed tax act 1961.6. in his submission, the application had, therefore, been rejected not only under sub-section (1-a) but also under sub-section (1). ..... orders.p. bharucha, j.1. the batch of cases concerns section 245d of the income tax act, 1961 as it stood prior to 1991 and thereafter, prior to the amendment in 1991 sections 245d(1) and (1-a) read thus: ..... to the same years for which they had applied earlier and the settlement commission entertained these applications. its full bench in birumal gaurishankar jain & co. v. income tax settlement commission found that, having regard to the omission of sub-section (1-a) as aforestated, the settlement commissioner was entitled to do so. the ..... cycle stand and regular show collections were not entered in the regular books of account maintained by the applicant thereby concealing particulars of income. therefore, the objection raised by the commissioner of income tax is sustained for the said years.in regard to assessment years 1983-84 and 1984-85, the settlement commission, in the ..... with on the ground that concealment of particulars of income on the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or impossible under this act, has been established or is likely to be established by any income tax authority, in relation to the case :provided that .....

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Oct 26 1999 (SC)

The Commissioner of Income Tax Vs. Sardar Arjun Singh Ahluwalia (Dead) ...

Court : Supreme Court of India

Decided on : Oct-26-1999

Reported in : AIR2000SC175; (1999)157CTR(SC)97; [1999]240ITR693(SC); JT1999(8)SC543; 1999(6)SCALE665; (1999)8SCC724; [1999]Supp4SCR135

..... the said amounts had been received by the assessee as salary is not in dispute. the question really is whether clause (a) of section 15 of the income tax act, 1961, applies, as contended by learned counsel on behalf of the assessee, or clause (c) thereof , as contended by the revenue. section 15, ..... and 1947-48?2. there was a difference of opinion between the two learned judges who heard the reference under section 256(1) of the income tax act, 1961. one learned judge answered both questions in favour of the revenue and the other learned judge answered both questions in favour of the assessee ..... clause (c) , which is, broadly put, intended to catch such salary as has escaped the charge of income tax in earlier years.8. learned counsel for the assessee also contended that the income tax act did not extend to the holkar state, within, which the said salary or remuneration had been earned by the ..... assessee from the mills, in the previous years relevant to the assessment years 1946-47 and 1947-48 and, therefore, the said amounts could not have been charged to income tax in ..... as it then stood, reads thus:15. the following income shall be chargeable to income-tax under the head 'salaries'- (a) any salary due from an employer or a former employer to an assessee in the previous year, whether paid .....

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Mar 17 1999 (SC)

Commissioner of Income Tax, Bombay Vs. E. Merck Service and Agencies

Court : Supreme Court of India

Decided on : Mar-17-1999

Reported in : AIR2000SC3610; (1999)9SCC220

..... order1. the high court at bombay rejected the revenue's application under section 256(2) of the income-tax act. the questions to which the application pertained read thus:1. whether on the facts and in the circumstances of the case, the tribunal was right in law in holding that ..... processing machine/computer even though the assessee is not engaged in any of the activities mentioned in section 32a(2) but only acts as intending agent for foreign companies?the high court referred to its decision in commissioner of income-tax, bombay city-i v. i.b.m. world trade corporation : [1981]130itr739(bom) (bom) and observed that the answers to the questions ..... shift allowance on computer only and not on data processing machines and computer is eligible for extra shift allowance despite the fact that appendix-i, iii (c)(3) of the income-tax rules clearly prohibit granting extra shift allowance on both the above items?2. whether on the facts and in the circumstances of the case, the tribunal was right in law .....

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Mar 24 1999 (SC)

N.J. Albert Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Mar-24-1999

Reported in : AIR2000SC1952; (2000)10SCC238

..... on the facts and in the circumstances of the case, the assessee is en titled to weighted deduction under clauses (i) and (ii) of section 35b(1)(b) of the income-tax act, 1961?2. whether on the facts and in the circumstances of the case the tribunal is justified in holding that services rendered by the agent, nut meat trading company, is ..... in the circumstances of the case the assessee is entitled to claim deduction in respect of the pro vision made for payment of leave with wages?2. in commissioner of income-tax v. kerala nut food company : [1991]192itr585(ker) , a division bench of the same high court took note of a circular of the central board of direct ..... in the instant case of the question posed to it relying exclusively upon m/s. c. tharian & sons's case 1987 tax lr 966 must, therefore, be held to be bad in law.3. we think, in the circumstances, that the reference (r.a. no. 257/coch/81) should be restored to ..... taxes and certain decisions and concluded, in our view, rightly, that the decision in m/s. c. tharian and sons's case was per incuriam. the answer by the high court .....

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May 04 1999 (SC)

Justice Deoki Nandan Agarwala Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : May-04-1999

Reported in : AIR1999SC1951b; 1999(2)LC976(SC)

..... the salaries of high court and supreme court judges and that, therefore, their salaries were not liable to income tax because the definition of 'income' under the income tax act includes 'salary'. the argument really is that the levy of income tax upon salary, by parliamentary enactment cuts down the judges' salaries.5. there can be no doubt that ..... no employer and, therefore, what he receives is not salary; accordingly, what he receives as remuneration is not taxable under the head of salary under the income tax act. to our mind, there is a misconception here. it is true that high court and supreme court judges have no employer, but that, ispo facto, ..... article 221 is not taxable under the head 'salaries', and, if it is so, is it taxable under any other head of income referred to in section 14 of the income tax act, 1961.'2. it appears that the second question arose on a writ petition which stood transferred to this court and which was withdrawn ..... a far cry to conclude therefrom that the salary of a judge is not taxable under the income tax act. the subject of the salary of a high court and supreme court judge and the subject of tax on income are altogether different and the conclusion that is sought to be drawn is quite unacceptable. the ..... for the assessment year 1978-79 on the basis that the salary that he received as a judge was not liable to tax under the income tax act. the contention having been rejected both by the i.t.o. and in appeal, a special leave petition was filed. leave .....

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