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Judgment Search Results Home > Cases Phrase: income tax act Court: us supreme court Year: 1999 Page 9 of about 196 results (0.083 seconds)

Feb 24 1999 (SC)

Addl. Commissioner of Income Tax Vs. New Consolidated Gold Fields Ltd.

Court : Supreme Court of India

Decided on : Feb-24-1999

Reported in : (2000)10SCC90

..... annum, the same being payable in sterling in london. 3. for assessment year 1960-61 the income tax officer held that the indian company was an agent of the assessee within the meaning of section 163 of the income tax act and that the annual remuneration of 7000 was income accruing to the assessee which was taxable in the hands of the indian company. the appellate ..... will assume that the assessee had a business connection in india. having regard, however, to the provisions of explanation (a) quoted above only that part of the income of 7000 could be brought to tax in india as was reasonably attributable to the operations that were carried out in india. it is clear that the operations under the agreement between the assessee ..... the meaning of section 163, no business connection within the meaning of section 9(1) had been established with the indian company so as to make income accruing to the non-resident assessee liable to tax through its agent. this finding was approved by the tribunal. the high court, on reference, held that the assessee received in london 7000 for technical advice ..... in the circumstances of the case, the tribunal was right in holding that there was no income to the non-resident which could fall within the categories enumerated in section 9(1)(i) of the act and as such the question of bringing any such income to tax in the hands of the agent would not arise? 2. briefly stated, the facts are these .....

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Sep 09 1999 (SC)

Assistant Commissioner of Income Tax, Punjab Vs. Raja Ram Kulwant Rai

Court : Supreme Court of India

Decided on : Sep-09-1999

Reported in : (2002)10SCC129

..... not open to the department to initiate the proceedings whatsoever under section 143 of the income tax act. the high court took note of the fact that there cannot be two assessments for the same assessment year on an assessee and once an assessment has been framed for ..... order 1. the respondent filed a writ petition challenging the initiation of the proceedings by issue of notices under section 143(2) of the income tax act, 1961. the contention put forth on behalf of the respondent before the high court was that there has been an assessment made under chapter xiv-b and therefore, it is ..... a block period under section 158-bc which includes the years in question, the income tax officer stands debarred from framing an assessment under section 143 on the basis of returns already filed under section 139. on this basis the high court quashed the notices issued ..... to the respondent. the department aggrieved by the said order is in appeal before this court. 2. it is brought to our notice that by finance (no. 2) act, 1998, an explanation has been added to section 158-ba and the department places strong reliance upon this explanation. the high court when it rendered its judgment did not have .....

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Sep 21 1999 (SC)

General Insurance Corpn. of India Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Sep-21-1999

Reported in : (1999)156CTR(SC)425; [1999]106TAXMAN389(SC)

..... pradesh in a batch of cases. by that order, the high court considered the effect of a combined reading of sections 2(1a) and 2(14) of the income tax act, 1961 [hereinafter referred to as the act] and has held that (i) capital gains arising from sale of land used for agricultural purposes would be revenue derived from such land and, therefore, agricultural ..... under article 366(1) of the constitution agricultural income has the same meaning as defined under enactments relating to income tax. there is divergence of opinion amongst the high courts as to the effect of section 2(14)(iii) of the act, as amended by finance act, 1970, and hence the parliament introduced the explanation by finance act, 1989 stating the meaning thereto which is ..... and, therefore, the order under appeal cannot be sustained and deserves to be set aside.shri dhruv mehta pointed out that by an artificial definition introduced into the act what is agricultural income cannot be treated otherwise. he also sought to explain the scheme of the entries in the different lists of the constitution in support of his contention.the learned ..... income within the definition under section 2(1a) of the act with the result that parliament would have no legislative competence to tax such agricultural income; and (ii) amended section 2(14)(iii) should be read down to preserve its constitutionality. all land used .....

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Oct 01 1999 (SC)

Union of India Vs. S. Muthyam Reddy

Court : Supreme Court of India

Decided on : Oct-01-1999

Reported in : (1999)156CTR(SC)361; [1999]106TAXMAN501(SC)

..... pradesh in a batch of cases. by that order, the high court considered the effect of a combined reading of sections 2(1a) and 2(14) of the income tax act, 1961 [hereinafter referred to as the act] and has held that (i) capital gains arising from sale of land used for agricultural purposes would be revenue derived from such land and, therefore, agricultural ..... under article 366(1) of the constitution agricultural income has the same meaning as defined under enactments relating to income tax. there is divergence of opinion amongst the high courts as to the effect of section 2(14)(iii) of the act, as amended by finance act, 1970, and hence the parliament introduced the explanation by finance act, 1989 stating the meaning thereto which is ..... and, therefore, the order under appeal cannot be sustained and deserves to be set aside.shri dhruv mehta pointed out that by an artificial definition introduced into the act what is agricultural income cannot be treated otherwise. he also sought to explain the scheme of the entries in the different lists of the constitution in support of his contention.the learned ..... income within the definition under section 2(1a) of the act with the result that parliament would have no legislative competence to tax such agricultural income; and (ii) amended section 2(14)(iii) should be read down to preserve its constitutionality. all land used .....

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Jul 21 1999 (SC)

State of Punjab Vs. Baldev Singh

Court : Supreme Court of India

Decided on : Jul-21-1999

Reported in : AIR1999SC2378; 1999(2)ALD(Cri)279; 1999CriLJ3672; 1999(65)ECC695; 1999LC545(SC); [1999(81)FLR303]; (1999)3GLR2483; JT1999(4)SC595; (1999)ILLJ254SC; 1999(II)OLR(SC)474; 199

..... in pooran mal's case is that the seized material could be used in other legal proceedings against an assessee, before the income tax authorities under the income tax act, dealing with escaped income. it is, therefore, not possible to hold that the judgment in pooran mal's case can be said to have laid down ..... down that the evidence collected as a result of illegal search or seizure, could be used as evidence in proceedings against the party under the income tax act. the judgment cannot be interpreted to lay down that a contraband seized as a result of illegal search or seizure, can be used to fasten ..... arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate superior official.section 132(13) of the income tax act, 1961 provides :132. search and seizure.-xxxx xxxx xxxxx(13) the provisions of the crpc, 1973 (2 of 1974), relating to searches and seizure ..... lays down that the evidence collected as a result of illegal search or seizure, could be used as evidence in proceedings against the party under the income tax act. the judgment cannot be interpreted to lay down that a contraband seized as a result of illegal search or seizure, can be used to fasten ..... down that the evidence collected as a result of illegal search or seizure, could be used as evidence in proceedings against the party under the income tax act. the judgment cannot be interpreted to lay down that a contraband seized as a result of illegal search or seizure, can be used to fasten .....

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Mar 23 1999 (SC)

Universal Plast Ltd. Etc. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Mar-23-1999

Reported in : (1999)153CTR(SC)95

..... 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']. civil appeals nos.__________ of 1999 @ special leave petition c nos ..... the lease; the intention of the appellant was found to go out of business altogether, therefore the income was not assessable as business income. commissioner of income tax, lucknow vs. vikram cotton mills ltd. [1988 (169) i.t.r.597] 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. in sultan brothers private ltd. vs. commissioner of income tax, bombay city-ii [1964 (51 i.t.r.353)], the assessee constructed a building, fitted it up with furniture and .....

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Aug 27 1999 (SC)

K. R. Patel Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Aug-27-1999

Reported in : [1999]106TAXMAN151(SC)

..... 1/3 of the property mentioned in the will could be said to be held under trust and thus exempt within the meaning of section 4(3)(i) of the income tax act, 1922. the court answered the question in affirmative and said that it could not be laid down as a general rule that when debts of the testator are not paid ..... . whether, on the facts and in the circumstances of the case, k.r. patel and b.g. amin were liable to be assessed as trustees under section 161 of the income-tax act, 1961?" these questions arose from the order of the appellate tribunal in the following circumstances.one mrs. bhikubai chandulal jalundhwala, a resident of bombay, executed a will on january 5 ..... the estate of the testator was specifically receivable on behalf of his sons, the residuary beneficiaries. this court held that section 41 of the income-tax act, 1922 was not applicable as the administrator general received the income on his behalf as administrator and not on behalf of five sons of the testator. both the questions were answered in affirmative in favour of the ..... a division bench of the high court of judicature at bombay on a reference under section 256(1) of the income-tax act, 1961 (for short the 'act') decided all the three questions of law referred to it for its opinion by the income tax appellate tribunal ('appellate tribunal' for short) in favour of the revenue. the assessee is aggrieved.the questions of law are:- "1. whether .....

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Oct 12 1999 (SC)

Kalpavruksha Charitable Trust Vs. Toshniwal Brothers (Bombay) Pvt. Ltd ...

Court : Supreme Court of India

Decided on : Oct-12-1999

Reported in : AIR1999SC3356; 1999(3)CTC452; JT1999(8)SC210; (1999)123PLR707; 1999(6)SCALE534; (2000)1SCC512; [1999]Supp3SCR619; 2000(1)LC89(SC)

..... , was held to be a part of the charitable activity. this decision docs not help the appellant as it was a decision rendered under the income tax act and the question which we are considering here had not arisen in that case.8. learned counsel for the appellant then referred to the decision of ..... there any intention or object to carry on those activities to earn profit. this again was the decision rendered under the income tax act and is not on the point involved in the present case whether the appellant was a 'consumer' within the meaning of the consumer protection ..... this court in commissioner of income tax, new delhi v. federation of indian chambers of commerce & industries, new delhi : [1981]130itr186(sc) , and contended that if the dominant object of ..... that decision had further held in para 21 as under:21. we must, therefore, hold that:(i) the explanation added by the consumer protection (amendment) act 50 of 1993 (replacing ordinance 24 of 1993) with effect from 18.6.1993 is clarificatory in nature and applies to all pending proceedings.(ii) whether ..... : [1995]3scr174 in support of the contention that the appellant was a 'consumer' within the meaning of the definition set out in the consumer protection act, 1986. the definition was considered by us and it was held that since the machinery in question was installed by the appellant for commercial purpose, it .....

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Aug 17 1999 (SC)

Commissioner of Income Tax Vs. Bharat Carbon and Ribbon Mfg Co. (P) Lt ...

Court : Supreme Court of India

Decided on : Aug-17-1999

Reported in : (1999)155CTR(SC)497

..... respect of liabilities which have accrued over the accounting period and to deduct such sums from profits.'the court after discussing various contentions finally held :'expenditure which is deductible for income-tax purpose is one which is towards a liability actually existing at the time, but the putting aside of money which may become expenditure on the happening of an event is ..... appeal. it was the case of the assessee-respondent company that company was manufacturing carbon paper which was not liable to excise duty till 28th feb., 1975. by the finance act of 1975, duty @ 10 per cent ad valorem was levied. on by items not otherwise specified therein which included carbon papers. on 29th oct., 1979, the collector of central excise ..... even as a debt by the assessee qualifies for deduction under the it act ?2. whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the principles laid down by the supreme court in ..... m.b. shah, j.the cit, delhi, sought reference of the following two questions by filing an application before delhi high court under s. 256(2) of the it act, 1961 (hereinafter referred to as 'the act) :'1. whether, on the facts and in the circumstances of the case, the tribunal was correct in law in confirming that a contingent liability which is not acknowledged .....

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Apr 08 1999 (SC)

United Bank of India Vs. the Debts Recovery Tribunal and ors.

Court : Supreme Court of India

Decided on : Apr-08-1999

Reported in : AIR1999SC1381; 1999(2)ALLMR(SC)570; (1999)3CALLT18(SC); [1999]96CompCas602(SC); 1999(2)CTC58; JT1999(2)SC574; (1999)IIMLJ80(SC); (1999)122PLR1; RLW1999(2)SC355; 1999(2)SCAL

..... 'debt' as it was required to ascertain whether a liability to pay income tax and super tax on the income of the accounting year would be a 'debt' within the meaning of section 2(m) of the wealth tax act. this decision to our mind will be not of much assistance inasmuch as ..... the expression 'debt' has been defined in the act in question though the general ..... by the tribunal. by the impugned order, the high court set aside the order of the tribunal on a finding that under the act, the tribunal gets jurisdiction to entertain and decide applications from the banks and financial institutions for recovery of debts due to such banks and ..... meaning of 'debt' may be of a persuasive value in interpreting the expression 'debt' in the act ..... but it is too well settled that where an expression in any act .....

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