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Judgment Search Results Home > Cases Phrase: income tax act Court: us supreme court Year: 1999 Page 4 of about 196 results (0.084 seconds)

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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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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May 13 1999 (SC)

Uco Bank, Calcutta Vs. Commissioner of Income-tax, West Bengal

Court : Supreme Court of India

Decided on : May-13-1999

Reported in : AIR1999SC2082; (1999)154CTR(SC)88; 1999(111)ELT673(SC); [1999]237ITR889(SC); JT1999(4)SC40; 1999(4)SCALE1; (1999)4SCC599; [1999]3SCR635

..... would be binding on the departmental authorities in view of the provisions of section 119 to ensure a uniform and proper administration and application of the income-tax act.21. the appeal is, therefore, allowed and the question is answered in favour of the assessee and against the department.civil appeal no. 9885 ..... question at all but has decided the matter on the basis of other provisions of law.17. the said circulars under section 119 of the income-tax act were not placed before the court in the correct perspective because the later circular continuing certain benefits to the assessees was overlooked and the withdrawn ..... inter alia, considered by a bench of five judges of this court. section 2(6a)(e) and section 12(1b) were introduced in the income-tax act by the finance act 15 of 1955 which came into force on 1st of april, 1955. the government, however, realised that the operation of section 12(1b) would ..... appeal of the assessee. a reference was made to the high court at the instance of the revenue under section 256(1) of the income-tax act. the following question was referred to the high court:whether, on the facts and in the circumstances of the case, the tribunal is justified in ..... law in cancelling the cit's order under section 263 of the income-tax act holding that when the assessment was completed, the only paper available was the board's circular dated 9th october, 1984 and, .....

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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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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

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 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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