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Aug 11 1970 (SC)

Commissioner of Income-tax, Delhi (Central) Vs. Singh Engineering Work ...

Court : Supreme Court of India

Reported in : AIR1971SC95; [1970]78ITR90(SC); [1971]1SCR769

..... and untrue estimates of tax and had not given any satisfactory explanation in respect of them. he imposed penalties under section 273 of ..... a.n. grover, j.1. the respondent company which is an assessee was required by the income tax officer by notices issued under section 18a(1) of the indian income tax act 1922, hereinafter called the 'old act' to make an advance payment of tax amounting to rs. 3,17,077 for the assessment year 1960-61 and rs. 3,54,911 for the assessment year 1961-62 ..... 'new act' had come into force. the income tax officer took the view that the assessee had furnished inaccurate ..... subsequently riled its returns of income for the aforesaid two years declaring the total income of rs. 4,53,942/- and rs. 7,02,383/- respectively. the income tax officer completed the assessment of total income of rs. 5,35,000/- and rs. 8,99,029/- for the assessment years 1960-61 and 1961-62 on january 21, 1963 after the income tax act 1961, hereinafter called the .....

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Jan 20 1989 (HC)

Commissioner of Income-tax Vs. Pheros and Co. (P.) Ltd.

Court : Guwahati

..... our decision : 'whether, on the facts and in the circumstances of the case, interest paid under section 35a of the assam sales tax act, 1947, for delay in payment of sales tax was allowable as deduction under section 37 of the income-tax act, on the ground that it was not penal in nature ?' 2. we have heard shri choudhury for the petitioner and shri saraf ..... the old decisions which have held that penalty for infraction of law is not deductible under section 37 of the income-tax act, 1961, for short 'the act', have ceased to be good law. 4. we may next refer to mahalakshmi sugar mills co. v. cit : [1980]123itr429(sc) wherein the supreme court was called upon to decide the nature of the interest payable under ..... for the respondent after the decision of the apex court in central provinces manganese ore co. ltd v. cit : [1986]160itr961(sc) the law has been settled that where interest is ..... mahalakshmi's case : [1980]123itr429(sc) squarely applies to the present case inasmuch as under section 35a of the assam sales tax act, 1947, any default in paying the full amount of tax carries with it interest and the enlargement of the tax liability is automatic. it has also been brought to our notice by shri saraf that there is a separate provision under .....

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Aug 16 1996 (HC)

Deepak Kumar Poddar, Vs. Union of India (Uoi) and ors.

Court : Patna

..... from the act, inasmuch as what section 119 has empowered is to issue orders, instructions or ..... directions for the 'proper administration' of the act or for such other purposes specified in sub-section (2) of the section. ..... court challenging notices issued under section 148 of the income-tax act, 1961.2. following the filing of the returns by the assessees for the assessment year 1992-93, notices were issued to them under section 143(2) of the act. while the proceedings in terms of section 143(3) of the act were pending pursuant to the notice, it appears that ..... jaikishan gopikishan and sons' v. cit : [1989]178itr481(mp) .6. mr. debi prasad, learned counsel appearing for the revenue, relied upon a supreme court decision in kerala financial corporation v. cit : [1994]210itr129(sc) , wherein it was observed as follows (headnote) : ' a circular of the central board of direct taxes under section 119 of the income-tax act, 1961, cannot override or detract .....

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Sep 01 2005 (SC)

Commissioner of Income Tax, Rajkot Vs. Shatrusailya Digvijaysingh Jade ...

Court : Supreme Court of India

Reported in : AIR2005SC4000; (2005)197CTR(SC)590; 2005(192)ELT3(SC); [2005]277ITR435(SC); JT2005(8)SC50; (2005)7SCC294; 2005(2)LC1425(SC)

..... learned asg appearing on behalf of the department would submit that the scheme was a self-contained code; that it stood on its own force different from the income tax act/wealth tax act; that the intention of the scheme as reflected in the speech of former finance minister indicated that the purpose of the scheme was to bring to an end ..... , the assessee herein filed appeals and revisions as mentioned in the statement given herein below: statement of appeals and revision petition vis--vis declarationsin respect of kvss under income tax act.___________________________________________________________________________________________assessment appeals/ date of date of date of order status on date of status on year revision filing filing on kvss kvss applicat the appli- petition of appeal/ ..... assessments had become final in the year 1992-93 (when the assessee's appeals were dismissed for failure to pre-deposit self-assessed tax) and that the respondent herein had filed revisions under the income tax act and wealth tax act in november/december, 1998 only to obtain the benefit of kar vivad samadhan scheme, 1998, which came into force w.e.f ..... as follows:in respect of assessment years 1984-85 to 1991-92, the assessee was liable to pay tax under assessment orders passed vide section 143(3) of the income tax act, 1961 and also under the assessment orders passed under the wealth tax act, 1957.being aggrieved by the assessment orders, the assessee herein, preferred appeals to the commissioner (a) .....

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Apr 21 1964 (HC)

New Era Agencies Private Ltd. Vs. Commissioner of Income-tax, Bombay C ...

Court : Mumbai

Reported in : [1964]54ITR518(Bom)

..... rs. 2,34,231 was the income of the assessee ?' 3. in the application made by the assessee requesting the tribunal to make a reference under ..... department, set aside the order of the appellate assistant commissioner and restored that of the income-tax officer. thereafter, at the instance of the assessee it drew up a statement of the case and referred to this court the following question under section 66(1) of the indian income-tax act. 'whether on the facts and in the circumstances of the case the sum of ..... for the parting of the controlling interest. mr. palkhivala, on behalf of the assessee, invited out attention to decisions in commissioner of income-tax v. ramnarain sons ltd, puranmal radhakishan & company v. commissioner of income-tax and baijnath chaturbhuj v. commissioner of income-tax, in support of his submission that whenever a composite price is received for the sale of shares together with other valuable rights ..... to the record. the findings of the appellate assistant commissioner that the sale was motivated by the illness of mulraj kersondas was equally erroneous, because as pointed out by the income-tax tribunal, mulraj mersondas was not suffering from any illness and was actively engaged in business not only at the material time but even prior and subsequent thereto. it will, .....

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Mar 14 1958 (HC)

Shapoorji Pallonji Mistry Vs. Commissioner of Income-tax, Bombay City, ...

Court : Mumbai

Reported in : AIR1959Bom304; (1958)60BOMLR847; ILR1958Bom1167

..... 'source' what we meant was the specific source from which a particular income sprung or arose. 5. the supreme court had to consider this judgment very recently and, ..... assess income from the other two branches at jalpaiguri and calcutta, because the i. t. o. had brought to assessment the business income of the assessee. therefore, it is clear that what we meant by 'source' was not source in the sense of head of income as used in the income-tax act. by ..... passage from our judgment: 'it is clear that the appellate assistant commissioner has been constituted a revising authority against the decisions of the income-tax officer; a revising authority not in the narrow sense of revising what is the subject-matter of the appeal, not in the sense ..... held by us to be irrelevant. this is perfectly clear, because in our judgment we considered the case of jagarnath therani v. commissioner of income-tax, (1925) 2 itc 4: air 1925 pat 408, and with respect, agreed with that judgment. in that case the assessee had three ..... with respect, it has approved of our judgment in narrondas manordass' case, : air1958bom35 and it has itself deduced the principle which emerges from this judgment. in commissioner of income-tax .....

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Sep 23 1958 (HC)

Commissioner of Income-tax, Bombay City I Vs. F.L. Smidth and Co. (Bom ...

Court : Mumbai

Reported in : [1959]35ITR183(Bom)

..... deciding whether section 23a is applicable to this case and whether the income-tax officer has rightly exercised his power, this sum of rs. 1,63,377 should be ..... tribunal was concerned. now, in arriving at the assessable income of the assessee, the income-tax officer took into consideration a sum of rs. 1,63,377, which were profits, according to the department, earned by the assessee under section 42 (2) of the income-tax act and the contention of the assessee is that in ..... the trouble arises. now, the view taken by the department is that even under the second part of section 23a (1), the profits which the income-tax officer has to consider are profits which would include the sum of rs. 1,63,377. one has only to state the proposition to realise ..... section 23a. 2. now, let us first look at the scheme of section 23a. the first condition for the exercise of the power of the income-tax officer is the distribution of dividend by the company of less than the statutory percentage, which, at the relevant time, was 60 per cent. and ..... the substance of the matter is this that for the purpose of the second part of section 23a, when the income-tax officer is considering the smallness of the profits, when the income-tax officer is considering the profits and is considering whether it would be reasonable or unreasonable to declare a larger dividend, the .....

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Aug 23 1990 (HC)

Sadichha Chitra Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (1990)90CTR(Bom)135; [1991]189ITR774(Bom)

..... d.r. dhanuka j.1. this reference is made by the income-tax appellate tribunal, bombay bench 'b' bombay, under section 256(2) of the income-tax act, 1961, in pursuance of an order of this court dated july 18, 1985, in income-tax application no. 599 of 1982 at the instance of the assessee. the question for our consideration is as under :'whether, on the facts and ..... film and was thus a part of the capital outlay. the matter was carried in second appeal by the department before the income-tax appellate tribunal. on this aspect, the income-tax appellate tribunal held that the order of the commissioner of income-tax (appeals) was erroneous. the tribunal set aside the order of the commissioner and held that the receipt of the said subsidy in ..... dealt with the question as to whether the receipt of such subsidy would constitute a revenue receipt or capital receipt in the hands of the recipient for the purpose of income-tax. it was observed by the board in the said circular that the scheme under consideration was framed by the government for the growth of industries and not for supplementing the ..... the assessee from the government of maharashtra constituted a revenue receipt and was, therefore, taxable. being aggrieved by the said order, the assessee filed an appeal before the commissioner of income-tax (appeals)- ii, bombay. by this well-considered order dated january 25, 1980, the commissioner held that the said amount was not taxable. during the course of his order, the commissioner .....

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Dec 15 1975 (HC)

Addl. Commissioner of Income-tax Vs. T. Nagireddy and Co.

Court : Andhra Pradesh

Reported in : [1976]105ITR669(AP); [1978]41STC223(AP)

..... revenue in regard to the amount of refund, i.e., rs. 8,228, as includible in the assessee's total income for the assessment year 1968-69 under section 41(1) of the income-tax act, 1961. in view of this concession, we answer the second question in the affirmative and in favour of the revenue ..... by the supreme court, the amount was not yet paid. therefore, the decision of the supreme court in kedarnath jute mfg. co. ltd. v. commissioner of income-tax : [1971]82itr363(sc) .clearly applies to this case. 6. sri swamy referred us to a number of other decisions it is not, however, necessary to ..... there is no doubt that the assessee in this case followed the mercantile method of accounting. it is so clearly stated in the assessment order of the income-tax officer dated january 3, 1969. therefore, the appellate assistant commissioner went wrong in thinking that it was cash basis that was followed by the assessee. ..... of rs. 8,228. they were not accounted for as trading receipts. when called upon to explain the omission, it stated before the income-tax officer that the sales-tax account in its entirety is recorded as liability since it had to be paid. the dispute relating thereto was pending before the supreme court ..... . 3. on the first question sri polavarapu rama rao for the revenue contended that the sum of rs. 17,710 was admittedly collected as sales-tax and so it .....

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Mar 08 1989 (HC)

Commissioner of Income-tax Vs. C.L. Anand

Court : Kerala

Reported in : (1989)78CTR(Ker)25; [1989]179ITR4(Ker)

..... valid ? '(2) whether, on the facts and in the circumstances of the case, the share income of the wife is to be included in the total income of the asses-see ?' 4. admittedly, concluded assessments can be reopened under section 147(a) of the income-tax act, only if the income-tax officer has reason to believe that, by reason of the omission or failure on the ..... part of an assessee to make a return under section 139 for any assessment year to the income-tax officer or to disclose fully and truly all material facts necessary for his ..... kapurthala in his capacity as the karta of the hindu undivided family and, therefore, section 64(1) did not apply to him in respect of the share income of his wife from that firm. the income-tax officer reopened the assessments completed on may 30, 1972, arid october 19, 1972, for the assessment years 1970-71 and 1972-73 under section 147(a ..... . t. a. no. 67 (coch) of 1981. the assessees are the same in both the income-tax references but the assessment year is 1972-73 in income-tax reference no. 366 of 1982 and 1970-71 in income-tax reference no. 4 of 1983.2. the assessee is an individual deriving income by way of salary as managing director of the company, toshiba anand batteries ltd. the .....

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