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Judgment Search Results Home > Cases Phrase: income tax act Court: supreme court of india Year: 1999 Page 6 of about 188 results (0.115 seconds)

Oct 26 1999 (SC)

Computwel Systems P. Ltd. Vs. W. Hasan and anr.

Court : Supreme Court of India

Decided on : Oct-26-1999

Reported in : (2003)184CTR(SC)92; [2003]260ITR86(SC); (2000)10SCC403

..... .1. delay condoned.2. order of assessment was passed in the case of the petitioner on january 12, 1996, under section 143(1)(a) of the income-tax act, 1961.3. under the finance (no. 2) act, 1998, a scheme known as kar vivad samadhan was promulgated. the persons could avail of the benefit of this scheme if their cases were still pending.4 ..... the delay of one year ten months and ten days. it appears that the petitioner also filed on december 28, 1998, a declaration under section 88 of the finance (no. 2) act, 1998, under the kar vivad samadhan scheme. this declaration was not entertained by the ..... . in october, 1998, the petitioner filed an application under section 264 before the commissioner of income-tax for revising the order of assessment dated january 12, 1996. the commissioner; of income-tax did not condone ..... application under section 264. it has been submitted by learned counsel that the petition under section 264 was pending when the application under section 88 of the finance (no. 2) act, 1998, had been filed. we do not agree with this submission for the simple reason that what was really pending at that point of time was the application for condonation .....

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Feb 25 1999 (SC)

T.A.V. Trust Alleppey Vs. the Commissioner of Income Tax, Kerala

Court : Supreme Court of India

Decided on : Feb-25-1999

Reported in : AIR1999SC1435; [1999]236ITR788(SC); JT1999(2)SC58; 1999(1)SCALE658; (1999)3SCC7

..... for the years 1973-74 and 1974-75 on the trustees had to be made in accordance with the provisions of section 161 of the income tax act 1961?the question aforementioned relates to the assessment years 1973-74 and 1974-75. (similar questions for subsequent years were answered similarly and are ..... .a.george rs. 54,000/- rs. 3,00,000/-(emphasis supplied)4. the income tax officer rejected the claim that the assessee should be assessed as a representative assessee within the meaning of section 161(1) of the income tax act because he found that the trust created by the trust deed was invalid. (similar ..... assessments were made for subsequent years.) the appellate assistant commissioner, allowed the assessee's appeal and his order was confirmed by the income tax appellate tribunal. the tribunal referred to letters ..... a contrary conclusion was justified.9. our attention was drawn by learned counsel for the assessee to the judgment of the gujarat high court in commissioner of income-tax, gujarat v. motilal hirabhai spg. and wvg. co. ltd. : [1978]113itr173(guj) , where it was stated:it is well settled that if ..... the tenor of the trust deed read as a whole. there is no doubt whatsoever that, therefore, the terms of section 7 of the trust act are violated. the trust was not created 'with the permission of a principal civil court of original jurisdiction, by or on behalf of a minor'. .....

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Aug 11 1999 (SC)

Collector of Central Excise, Pune Etc. Etc. Vs. Dai Ichi Karkaria Ltd. ...

Court : Supreme Court of India

Decided on : Aug-11-1999

Reported in : AIR1999SC3234; 1999(65)ECC354; 1999LC4(SC); 1999(112)ELT353(SC); JT1999(5)SC595; 1999(4)SCALE669; (1999)7SCC448; [1999]Supp1SCR360

..... judgment is one in which the meaning of 'actual cost', not defined under the income tax act, 1922, was considered. for ascertaining what 'actual cost' was in the circumstances, this court referred to accepted accountancy rules and said that they should be adopted and that the ..... 'actual cost' of the assets in the absence of any statutory definition or other indication to the contrary.23. the learned attorney general submitted that judgments relating to the income tax act or other statutes had no relevance while considering a provision in an excise statute. there can be no doubt about the correctness of this proposition, but the challapalli sugars ltd ..... taken into consideration while considering the question of deduction on account of depreciation and development rebate under the income tax act. 'written down value' depended upon the 'actual cost' of the assets to the assessee. the expression 'actual cost' had not been defined in the income tax act, 1922 and the question was whether the interest paid before the commencement of production on the amount ..... cost of the excisable product for the purposes of section 4(1)(b) of the act read with rule 6 of the valuation rules?22. learned counsel for the respondents drew our attention to the judgment of this court in challapalli sugars ltd. v. commissioner of income-tax, a.p. : [1975]98itr167(sc) . the court was concerned with 'written down value'. .....

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Sep 08 1999 (SC)

Balraj Taneja and anr. Vs. Sunil Madan and anr.

Court : Supreme Court of India

Decided on : Sep-08-1999

Reported in : AIR1999SC3381; JT1999(6)SC473; 1999(5)SCALE400; (1999)8SCC396; [1999]Supp2SCR258

..... plaintiff to proceed further in the matter. the plaintiff had also called upon the defendant nos. 2 and 3 to obtain requisite certificate under the income tax act as per terms of agreement to sell dated 6th august 1992.36. the case of respondent no. 1, as set out in the plaint itself ..... specific performance could still be decreed would have immediately arisen particularly because of the relevant provisions of the income tax act. now, the agreement in question stipulated that the defendants would obtain permission from the income tax department and send the same to the plaintiff whereupon the plaintiff would pay a sum of rs. ..... of several requests made by him from time to time. it was also pleaded as follows:even the permission under the income tax act to enable the agreement to sell and execution of the sale deed in favour of the plaintiff was to be obtained not ..... by the defendants. but respondent no. 1, as plaintiff, himself pleaded that 'defendants insisted that they had obtained the certificate (permission) from the income tax department and sent it to him'. he denied its having been obtained or sent to him. non-filing of the written statement would not resolve this ..... , the plaint itself showed a serious disputed question of fact involved between the parties with regard to the obtaining of certificate (permission) from the income tax department and its communication by the defendants to the plaintiff (respondent no. 1). since this question of fact was reflective of the attitude of the .....

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Oct 07 1999 (SC)

Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Decided on : Oct-07-1999

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

..... the income tax act of 1922, the assessee was entitled to carry forward the losses of the speculation business and ..... unless they are taken away expressly. this is the principle behind section 6(c) of the general clauses act, 1897. the right to carry forward losses which had accrued under the repealed income tax act of 1922 is not saved expressly by section 297 of the income tax act, 1961. but, it is not necessary to save a right expressly in order to keep it alive after ..... and ors. v. state of rajasthan and ors. : [1989]2scr152 .29. in commissioner of income tax, u.p. v. shah sadiq and sons : [1987]166itr102(sc) this court was considering section 6 of general clauses act, 1897 with reference to the income-tax act, 1922 repealed by section 297 of the income-tax act, 1961. this is how this court dealt with the question raised before it:14. under ..... the repeal of the old act of 1922. section 6(c) saves accrued rights unless they are taken away by .....

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Feb 03 1999 (SC)

Commissioner of Income Tax, Jodhpur Vs. Hindustan Zinc Ltd., Udaipur

Court : Supreme Court of India

Decided on : Feb-03-1999

Reported in : AIR2000SC3625; (2000)163CTR(SC)273; [2000]243ITR867(SC); (1999)9SCC270

..... order1. the high court has rejected the application filed by the appellant under section 256(2) of the income-tax act whereby directions were sought from the high court for getting a statement of case from the tribunal on the following two questions:(1) whether on the facts and in the ..... the field at that time is definitely a matter to be considered by the high court.4. in the result the order of the high court is set aside. the income-tax appellate tribunal is directed to send a statement of the case to the high court setting out the two questions mentioned earlier for consideration by high court. the appeals are ..... the judgment of this court in 'camby electric supply industrial co. ltd. v. commissioner of income-tax, gujarat-ii : [1978]113itr84(sc) subsequently the assessee filed an application under section 256(2) of the act relying upon the judgment of this court in rajapalayam mills ltd. v. commissioner of income-tax : [1978]115itr777(sc) and contended that the earlier decision of the tribunal should be ..... tribunal was legally justified in considering the miscellaneous application of the assessee and rectifying the original order beyond the time limit prescribed under section 264(2) of the i.t. act, 1961?(2) without prejudice to the above whether the tribunal was justified in holding that there was really a mistake apparent from record in the original order?2. the circumstances .....

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Dec 03 1999 (SC)

Duncans Industries Ltd. Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Dec-03-1999

Reported in : AIR2000SC355; 2000(1)CTC374; 2000LC19(SC); JT1999(9)SC421; (2000)1MLJ118(SC); 1999(7)SCALE344; (2000)1SCC633; 2000(1)LC659(SC)

..... the agreement of sale which agreement includes the sale of plant and machinery along with the land. a certificate issued by the appropriate authority under section 269ul(3) of the income tax act evidences this fact. in the said application made by the appellant for obtaining the said certificate, the appellant has in specific terms at serial no. (iv) of the schedule ..... of plant and machinery being part of the conveyance deed or not, reliance can also be placed on the application filed by the appellant before the appropriate authority of the income-tax department wherein while disclosing the market value of the immovable property sought to be transferred the appellant himself has mentioned the value of the property so transferred as rs. ..... as part of the fertilizer business undertaking. it is also found on record that by a supplementary affidavit dated 8.9.1993 filed before the income tax department while filing form 373-1 prescribed under the income-tax rules the petitioner has again shown all these plant and machinery along with the plan which is now attached to the conveyance deed as part ..... manufacturing, marketing, distribution and sale of urea fertilizer in favour of chand chhap fertilizer and chemicals ltd. (hereinafter referred to as 'the ccfcl') also a company incorporated under the companies act, 1956 which company has since been renamed as m/s. duncans industries limited, fertilizer division, kanpur nagar (the appellant herein) for a total sale consideration of rs. 70 crores .....

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Jul 27 1999 (SC)

Food Corporation of India Vs. Municipal Committee, Jalalabad and Anoth ...

Court : Supreme Court of India

Decided on : Jul-27-1999

Reported in : AIR1999SC2573; [1999]98CompCas824(SC); JT1999(5)SC133; (1999)123PLR530; 1999(4)SCALE282; (1999)6SCC74; 1999(2)LC1282(SC)

..... and may, by that name, sue and be sued. if we refer to section 42 of the act, the corporation is a company within the meaning of the income-tax act, 1961 and liable to tax on its income, profits and gains. however, under section 43, provision of law relating to winding up of companies ..... and that valuation and assessment of the properties has been completed without taking into account the provisions of section 3 of the punjab municipal act under which house tax is to be arrived at on the basis of the 'annual value' on which the properties can be let.3. high court ..... corporation is not a company within the meaning of the definition of that term appearing in clause (e) of section 3 of the land acquisition act. this court also did not accept the argument that corporation is a government department. it said :a government department has to be an organisation which ..... the central government and cannot claim exemption from taxation under article 285 of the constitution. the case of the corporation cannot be any different. the act under which it is constituted specifically makes the corporation a body corporate having the attributes of a company.8. in state of punjab and ors. ..... the division bench of the punjab and haryana high court dismissing its writ petition challenging the order of assessment of its properties under the punjab municipal act by the second respondent, the municipal committee, jalalabad, district ferozpur in the state of punjab.2. it is contended before us that the corporation .....

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Feb 18 1999 (SC)

Appropriate Authority (it Deptt.) and ors. Vs. M. Arifulla and ors.

Court : Supreme Court of India

Decided on : Feb-18-1999

Reported in : (2002)10SCC342

..... writ petition filed by the respondents herein against an order passed by the appropriate authority under section 269-uc(1) of the income tax act (for short the act) in exercise of the right to purchase a property under the provisions of the act. the contention of the respondents before the high court was that the vendors were co-owners and not joint owners and ..... was a deemed partition immediately before the death of doraiswami. this court has held in cwt v. chander sen2 that a property devolving under section 8 of the hindu succession act, is the individual property of the person who inherits the same and not that of the huf. in fact, in the special leave petition, it is admitted that respondents 2 ..... the high court is erroneous. the admitted fact is that the father of the parties by the name of t.m. doraiswami died in 1977, long after the hindu succession act came into force. one of the respondents is a daughter of the deceased doraiswami and the provisions of the proviso to section 6 would apply. as per explanation 1 to .....

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Mar 23 1999 (SC)

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

Court : Supreme Court of India

Decided on : Mar-23-1999

Reported in : (1999)153CTR(SC)172

..... questions 1 and 5 and, therefore, we do not deal therewith.3. for the purposes of questions 2, 3 and 4, sections 33 and 80j of the income tax act, 1961 (hereinafter referred to as 'the act') need to be quoted:'33. development rebate - (1)(a) in respect of a new ship or new machinery or plant (other than office appliances or road transport ..... circumstances of the case, was the tribunal right in holding that the commissioner 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 ?whether, on the facts and in the circumstances of the case, was the appellate tribunal right in law in ..... year immediately preceding the assessment year; and to the provisions of section 4 of the act which deals with the charge of income-tax and reads thus:'charge of income-tax.-(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 ..... 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 deductible or .....

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