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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: supreme court of india Year: 1999 Page 2 of about 188 results (0.352 seconds)

Feb 04 1999 (SC)

Commissioner of Income Tax, Calcutta Vs. Sugauli Sugar Works P. Ltd.

Court : Supreme Court of India

Decided on : Feb-04-1999

Reported in : AIR1999SC1144; [1999]236ITR518(SC); JT1999(1)SC327; 1999(1)SCALE323; (1999)2SCC355; [1999]1SCR400

..... unilateral entry in the accounts transferring the amount to the capital reserve account would not bring the matter within the scope of section 41 of the income tax act and consequently held in favour of the assessee. the decision of the tribunal was challenged before the high court. the high court observed :the ..... the deposits and advances which had been paid back and he included a sum of rs. 2,56,529 under section 41 of the income tax act in the total income of the assessee. the assessee went on appeal before the appellate assistant commissioner and the order of the i.t.o, was confirmed. ..... or cessation thereof, the amount obtained by him, shall be deemed to be profits and gain of business or profession and accordingly chargeable to income tax as the income of that previous year, whether the business or profession in respect of which the allowance or deduction has been made in existence in that year ..... the bombay high court which was rendered much earlier in j.k. chemicals ltd. v. commissioner of income-tax, bombay city ii : [1966]62itr34(bom) . the bench observed :. the transfer of an entry is a unilateral act of the assessee, who is a debtor to its employees. we fail to see how a debtor, ..... could not be permitted to turn round when the question of inclusion of such amount in his income under section 41(1) of the act arose. the bench distinguished the judgment in kohinoor mills co. ltd. v. cit : [1963]49itr578(bom) , by observing that there was no cessation of liability in that case .....

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Feb 04 1999 (SC)

Commissioner of Income Tax Vs. Sugauli Sugar Works (P) Ltd.

Court : Supreme Court of India

Decided on : Feb-04-1999

Reported in : (1999)152CTR(SC)46

..... paid back and he included a sum of rs. 2,56,529 under section 41 of the income tax act (hereinafter referred to as `the act') in the total income of the assessee. the assessee went on appeal before the appellate assistant commissioner and the order of the income tax officer was confirmed. the assessee carried the matter to the tribunal. the tribunal accepted the contention of ..... liability by way of remission or cessation thereof, the amount obtained by him, shall be deemed to be profits and gain of business or profession and accordingly chargeable to income-tax as the income of that previous year, whether the business or profession in respect of which the allowance or deduction has been made in existence in that year or not.'3. it ..... could not be permitted to turn round when the question of inclusion of such amount in his income under section 41 (1) of the act arose. the bench distinguished the judgment in kohinoor mills co. ltd. v. cit , by observing that there was no cessation of liability in that case despite the expiry of period of limitation to enforce the same. the bench ..... the assessee and held that its unilateral entry in the accounts transferring the amount to the capital reserve account would not bring the matter within the scope of section 41 of the act and consequently held in favour .....

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Feb 05 1999 (SC)

R. Dalmia and anr. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Feb-05-1999

Reported in : AIR1998SC868; (1999)152CTR(SC)383; [1999]236ITR480(SC); JT1999(1)SC300; 1999(1)SCALE307; (1999)2SCC758; [1999]1SCR454

..... of a division bench of the high court at delhi. the question is whether the additional period of 180 days given by explanation 1(iv) of section 153 of the income tax act, 1961, is available when the assessment or reassessment is made under section 147.2. we are concerned with assessments/reassessments made under section 147. in one set of appeals ..... works pvt. ltd. : [1992]198itr297(sc) , it was held :as a result of the aforesaid discussion, we find that, in proceedings under section 147 of the act, the income tax officer may bring to charge items of income which had escaped assessment other than or in addition to that item or items which have led to the issuance of the notice under section 148 ..... an incongruity. the reopening of an already completed assessment for the reason that the income tax officer has reason to believe that income chargeable to tax has escaped assessment is a serious matter. the act requires the income tax officer to record his reasons for issuing a notice under section 148. the act also requires that such notice shall not be issued unless the higher authorities mentioned in ..... reads thus :144b. reference to inspecting assistant commissioner in certain case. - (1) notwithstanding anything contained in this act, where, in an assessment to be made under sub-section (3) of section 143, the income-tax officer proposes to make any variation in the income or loss returned which is prejudicial to the assessee and the amount of such variation exceeds the amount fixed .....

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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 10 1999 (SC)

Bileshwar Khan Udyog Khedut Shahakari Mandali Limited Etc. Vs. Union o ...

Court : Supreme Court of India

Decided on : Feb-10-1999

Reported in : AIR1999SC1199; JT1999(1)SC543; 1999(1)SCALE468; (1999)2SCC518; [1999]1SCR569

..... to the appellants to raise this argument again. since in the present case sub-section (3) of section 3 of the act which provides for grant of interest on the excess realisation made by the appellant is applicable the appellants are liable to pay interest. we, therefore, reject the second contention of ..... to a case in which interim order made by a court has already come to an end as a result of termination of final proceedings before the commencement of the act. moreover, the special leave against the order passed by the high court directing the appellants to refund the excess realisation made by them was refused. thus, it is not open ..... the second argument is concerned, we have held hereinbefore that the interim orders passed in the writ petitions came to an end on dismissal of the writ petition before the act came into force, and under such circumstances section 3(4) and (5) can have no application in the appellants' case. the supreme court in the ankepalle co-operative agricultural & industrial ..... realisation having not set aside by the appellate or higher court, the realisation made by the appellants would not fall within the ambit of section 2(b)(ii) of the act. the contention is that interim orders passed in writ petitions although automatically lapsed on dismissal of the writ petitions, but were not set aside by the appellate or higher court .....

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Feb 11 1999 (SC)

Commissioner of Income Tax, Agra Vs. Purwar General Mills

Court : Supreme Court of India

Decided on : Feb-11-1999

Reported in : [2000]243ITR877(SC); (1999)9SCC256

..... lata is benamidar of bigger hindu undivided family ?4. the tribunal rejected the application. the revenue filed an application under section 256(2) of the income-tax act. the high court held that no statable questions of law arose in the case and rejected the application of the revenue. it is that order which is ..... not necessary that such member should be a karta and that member should not be treated as benamidar within the ambit of section 185 of the income-tax act as it stood then. hence, the tribunal held that registration could be granted inasmuch as prem lata as an individual was shown to be a partner ..... challenged in this appeal by the commissioner of income-tax.5. in the facts and circumstances of the case, the questions raised by the revenue are not questions of law. even the framing of the ..... that there could not be a smaller hindu undivided family within the larger undivided family when there was no partition as such. in that view, the income-tax officer refused grant of registration. that order was confirmed on appeal by the appellate assistant commissioner.2. on further appeal, the tribunal opined that in the ..... 1980. the deed showed three partners, one of them being prem lata, wife of om prasad purwar, each partner having l/3rd share. the income-tax officer took the view that prem lata representing a hindu undivided family could not do so as she could not claim to be the manager of .....

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Feb 12 1999 (SC)

income-tax Officer Vs. Saradbhai M. Lakhani and anr.

Court : Supreme Court of India

Decided on : Feb-12-1999

Reported in : (2000)161CTR(SC)298; [2000]243ITR1b(SC); (2000)10SCC371

..... appeal against the judgment of the gujarat high court which had allowed a writ petition filed by the respondent who had challenged the notice issued under section 148 of the income-tax act, 1961, whereby the respondent's assessment in respect of the year 1988-89 was sought to be reopened.4. the reason for reopening of the assessment was that the gujarat ..... observing that in the absence of mention of the judgment of the gujarat high court in banyan and berry's case : [1996]222itr831(guj) , it was not open to the income-tax officer to justify the order by reference to the said decision.7. it is evident that the aforesaid view of the high court is not correct. this court has held ..... that on the basis of the information which is received by the income-tax officer, reassessment proceedings can be initiated. the information which was received by the income-tax officer was the decision of the gujarat high court in banyan and berry's case : [1996]222itr831(guj) . when the ..... income-tax officer became aware of this decision, he could initiate the proceedings under section 147(b) as has been held by this court in a l. a. firm v. cit : [1991]189itr285(sc) .8. for the aforesaid reasons, we hold that the high court was not .....

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Feb 12 1999 (SC)

Punjab State Electricity Board and ors. Vs. Shri Jasbir Singh

Court : Supreme Court of India

Decided on : Feb-12-1999

Reported in : AIR1999SC979; [1999(82)FLR691]; JT1999(1)SC491; 1999(1)SCALE461; (1999)2SCC551; [1999]1SCR631; 2000(1)SLJ267(SC); 1999(1)LC653(SC)

ordera.s. anand, cji m. srinivasan and s.n. phukan, jj.1. leave granted.2. the respondent's son had problem of growth in his height which was, in medical terms, attributed to disease of pituitary glands. injection norditropin was prescribed for treatment. the claim of the respondent for reimbursement of the medical expenses incurred on purchase of the said injection to the tune of rs. 3,13,200/- was rejected by the appellant board. the respondent, thereupon, filed a writ petition seeking a direction for reimbursement of the said amount with interest in the high court. the writ petition was resisted primarily on the ground that the policy of the board was not to reimburse expenses on 'imported medicines'.3. the high court noticed that the drug in question was not available in india and that the same was an imported drug. the high court, however, allowed the writ petition observing that the respondent's son had a serious problem and that since the imported drug had been duly prescribed by the doctor at the post graduate institute of medical sciences, chandigarh the respondent was entitled to be reimbursed for the expenses incurred in purchasing the imported drug. the bench observed:in fact, instances are not lacking where people have gone abrade for treatment and the expenses have been paid by the state. surely, if a particular medicine is not available in india and has to be imported,' nobody can help. a poor patient has to import the medicine and take it. this is precisely .....

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Feb 12 1999 (SC)

AzizuddIn Vs. the Board of Revenue and ors.

Court : Supreme Court of India

Decided on : Feb-12-1999

Reported in : AIR1999SC1003; JT1999(1)SC474; 1999(1)SCALE434; (1999)2SCC563; [1999]1SCR618

..... appellant would be entitled for any relief under it? learned counsel for the appellant while challenging the high court finding that since there existed section 51 in the aforesaid 1932 act dealing with the unoccupied land, hence the appellant case would only be governed under it and not under the notification no. 71, he further submitted this to be erroneous and ..... or taken in accordance with law. no suit or other legal proceedings shall be maintained or continued against the government or any person whatsoever on the ground that any such acts or proceedings were not done or taken in accordance with law.11. it is admitted between the parties that this recovery for the tractorization charges including the penatly etc. under ..... power to survey and carry on eradicating operation. under sub-section (1) after issuance of notification under section 4, the reclamation officer notwithstanding the provisions of the bhopal land revenue act 1932, under sub-clause (b) take possession of the whole or any part of the kans area and carry on eradicating and other ancillary and subsidiary operations therein. section 7 ..... ).5. however, in the other proceedings, by some other agriculturists, on 9th april, 1956, chief commissioner, bhopal, struck down some of the provisions of the said ordinance and the 1954 act holding it to be ultra vires. thereafter, on 1st oct., 1959, pursuant to the reorganisation of the states, the state of madhya pradesh came into existence which issued similar ordinances .....

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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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