Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: us supreme court Year: 1999 Page 1 of about 196 results (0.077 seconds)

Mar 29 1999 (FN)

Jefferson County Vs. Acker

Court : US Supreme Court

Decided on : Mar-29-1999

..... was not a federal area." 4 u. s. c. 106(a). a special definitional provision, which applies through cross-reference to the buck act (but not to the public salary tax act) defines the term "income tax" broadly to include "any tax ... measured by ... income, or ... gross receipts." 1l0(c). and in howard v. commissioners of sinking fund of louisville, 344 u. s. 624 , 628-629 ..... 's exemption for those holding another state or county license reveals its true character as a licensing scheme, not an income tax. the dispositive measure is the public salary tax act, which does not require the state tax to be a typical "income tax," but consents to any tax on "payor compensation," which jefferson county's surely is. cf. howard, 344 u. s., at 629. pp. 439 ..... public salary tax act consents to any tax on "payor compensation," which jefferson county's surely is. the ..... 's laws may not be reached by a county's occupational tax. see 1967 ala. acts 406, 4.12 the dispositive measure, however, is the public salary tax act, which does not require the local tax to be a typical "income tax." just as the statute in howard consented broadly to "any tax measured by net income, gross income, or gross receipts," 344 u. s., at 629, the .....

Tag this Judgment!

Jul 27 1999 (SC)

Union of India and ors. Vs. M.V. Valliappan and ors.

Court : Supreme Court of India

Decided on : Jul-27-1999

Reported in : AIR1999SC2526; (1999)155CTR(SC)193; [1999]238ITR1027(SC); JT1999(5)SC134; 1999(4)SCALE290; (1999)6SCC259; [1999]3SCR1146

..... counsel for the respondent.23. in this view of the matter, aforesaid appeals are allowed. the judgments and orders holding section 171(9) of the income tax act, 1961 and section 20a of the wealth tax act, 1957 as unconstitutional are quashed and set aside. the writ petitions filed by the respondents as mentioned above before the madras high court and kamataka ..... of the seventh schedule to the constitution empowers the parliament to enact the legislation for imposition of taxes on income other than agricultural income. further, the concept of partial partition of huf was not recognised under the income tax act, 1992 and was recognised only under the income tax act, 1961. all that is done by the amendment is to restore the status quo ante that ..... it is difficult to comprehend that the said amendment can be termed as beyond legislative competence. the parliament has the authority to delete or amend any provision of the income tax act and it cannot be said that it is beyond legislative competence. the legislative competence is to be decided on the basis of the constitution that empowers the legislature to ..... was effected with effect from that date by executing a deed of partition. an application under section 171(2) of the income tax act, 1961 for recognition of the said partial partition came to be filed before the income tax officer. the income tax officer passed an order dated 28th december, 1979 recognizing the partial partition. thereafter for the assessment year 1980-81, a return .....

Tag this Judgment!

Mar 09 1999 (SC)

Eastern Chemical and Minerals Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Mar-09-1999

Reported in : AIR1999SC2276; [1999]237ITR6(SC); JT1999(2)SC126; 1999(2)SCALE8; (1999)3SCC304; [1999]1SCR948

..... ) was issued in exercise of the powers conferred by section 104(3). it read thus :in exercise of the powers conferred by sub-section (3) of section 104 of the income-tax act, 1961 (43 of 1961), and in partial modification of the ministry of finance (department of revenue and insurance) notification no. s.o.2007 dated the 6th june. 1967, the central ..... s.o. no. 3210, dated 8.8.1969 and therefore the assessee would be entitled to enjoy the exemption from the operation of the provision of section 104 of the income tax act. 1961?2. as indicated in the questions, we are concerned with the assessment years 1972- 73 to 1974-75.3. to appreciate what is involved, it is necessary to set ..... out, at the outset, the provisions of section 104 of the income tax act, 1961 so far as they are relevant:104. income-tax on undistributed income of certain companies -(1) subject to the provisions of this section and of sections 105, 106, 107 and 107a, where the ..... was right in holding that having regard to the notification under section 104(3) of the income tax act, 1961 in s.o. no. 3210, dated 8.8.1969 issued by the government the asses-see was not liable to pay additional tax under section 104 of the income tax act, 1961 for any of the assessment years from 1972-73 to 1974-75?2. whether on .....

Tag this Judgment!

Feb 03 1999 (SC)

Commissioner of Income-tax Vs. Corporation Bank Ltd.

Court : Supreme Court of India

Decided on : Feb-03-1999

Reported in : [2002]254ITR791(SC)

..... 6, 1952, would govern the case and the reopening was not justified and on a reference before the high court under section 256(1) of the income-tax act, the high court answered the reference in favour of the assessee upon recording its approval on to the order of the tribunal. 5. the records depict ..... the year ending on december 31, 1968, completed on october 4,1969. subsequently, however, the assessment was reopened under section 147(a) of the income-tax act, 1961, to bring to tax a sum of rs. 54,485 in respect of interest suspense account. it is, however, according to the assessee, the sums representing interest on loans ..... raised before the high court : [1986]157itr509(kar) namely (page 510): '1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the provisions of section 147(a) are not attracted 2. whether, on the facts and in the circumstance of ..... the assessee had disclosed this sum of rs. 54,485 in the balance-sheet as unrealised amount of interest along with thereturn filed by it and the income-tax officer had accepted the return and as a matter of fact had excluded that amount in the assessment order completed on october 4, 1969. 3. ..... terms of a notice under section 147(a) of the act, the assessment was reopened and a sum of rs. 54,485 was subjected to tax on the ground that the interest accrued and due on the loans advanced by the bank was the income of the bank for the relevant assessment year and the .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Mar 24 1999 (SC)

Commissioner of Income-tax, Bangalore Vs. Venkateswara Hatcheries (P) ...

Court : Supreme Court of India

Decided on : Mar-24-1999

Reported in : AIR1999SC1225; [1999]237ITR174(SC); JT1999(2)SC338; 1999(2)SCALE257; (1999)3SCC632; [1999]2SCR177

..... run by the assessee conies within the meaning of the expression 'manufacture or produce articles or things' occurring in section 32a(2) and section 80j of the income tax act (hereinafter referred to as 'the act'). the further question to be decided is whether the assessee is an industrial undertaking'. the appeals excepting civil appeal no. 2596 of 1997 are directed against the ..... 10(27) specifically excluded poultry income from being included in total income. the meaning of total income in section 2(45) of the income tax act is as follows :'total income' means the total amount of income referred to in section 5, computed in the manner laid down in this act.17. section 14(d) of the income tax act deals with one part of the total income, namely, profit and gains ..... of business. section 29 of the income tux deals ..... with deductions from the profit and gains. section 32a is one of the sections dealing with such deductions. therefore, the income from poultry being outside the scope of .....

Tag this Judgment!

Aug 17 1999 (SC)

The Transmission Corporation of A.P. Ltd. and anr Vs. the Commissioner ...

Court : Supreme Court of India

Decided on : Aug-17-1999

Reported in : AIR1999SC3036; [1999]239ITR587(SC); JT1999(5)SC654; 1999(5)SCALE40; (1999)7SCC266; [1999]Supp1SCR504

..... .med and decided the following question :-whether, on the facts and in the circumstances of the case, the superintending engineer, civil circle, upper sileru, is liable to deduct income-tax under section 195 of the income-tax act, 1961 in respect of payments made to nonresidents viz., m/s. charmilles engineering works ltd., m/s. sacheron works ltd., and m/s. oerlikon engineering company and ..... .c. no. 205 of 1978:whether on the facts and in the circumstances of the case, the superintending engineer, civil circle, upper sileru, is liable to deduct income-tax under section 195 of the income-tax act, 1961 on the payments made to the non-resident company for the assessment years 1966-67,1967-68, 1968-69 and 1969-70?3. similar questions with regard ..... well; and the disbursements, which were of the nature of gross revenue receipts, were yet sums chargeable under the provisions of the income-tax act and came within the ambit of section 18(3b) of the act.13. hence, in our view there is no substance in the contention of the learned counsel for the appellant that the expression 'any other sum chargeable under ..... a non-resident 'any sum chargeable under the provisions of this act', shall, at the time of payment, deduct income tax thereon at the rates in force. it is his contention that under the income-tax act, tax can be levied and collected on the income but when the payments made to the non-resident were not entirely income, but a trading receipt, there is no question of deduction .....

Tag this Judgment!

Sep 01 1999 (SC)

M/S Mysore Minerals Limited, M.G. Road, Bangalore Vs. the Commissioner ...

Court : Supreme Court of India

Decided on : Sep-01-1999

Reported in : AIR1999SC3185; (1999)156CTR(SC)1; [1999]239ITR775(SC); JT1999(6)SC444; 1999(5)SCALE340; (1999)7SCC106; [1999]Supp2SCR182

..... the statute of limitation applicable to the case, his right is for ever extinguished and the possessory owner acquires an absolute title.13. podar cements case (supra) is under the income-tax act and has to be taken as trend-setter on the concept of ownership. assistance from the law laid down therein can be taken for finding out meaning of the term ..... provision vesting of a title in the assessee though short of absolute ownership should also entitle the assessee to the benefit of section 32(1).4. section 32 of the income-tax act confers a benefit on the assessee. the provision should be so interpreted and the words used therein should be assigned such meaning as would enable the assessee securing the benefit ..... housing board. the actual deed of conveyance was not yet executed by the housing board in favour of the assessee. the assessee made a claim under section 32 of the income-tax act in respect of depreciation of buildings used for the purpose of the business of the assessee. the claim was rejected by the assessing officer forming an opinion that the assessee ..... title legally conveyed to him after complying with the requirements of law such as transfer of property act, registration act etc. but in the context of section 22 of the income-tax act having regard to the ground realities and further having regard to the object of the income -tax act namely, 'to tax the income', we are of the view, owner is a person who is entitled to receive .....

Tag this Judgment!

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 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //