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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: supreme court of india Year: 1999 Page 8 of about 188 results (0.147 seconds)

May 11 1999 (SC)

Commissioner of Income-tax Vs. Bhooratnam and Co.

Court : Supreme Court of India

Decided on : May-11-1999

Reported in : [2000]245ITR5(SC)

order1. special leave granted.2. after hearing' counsel for the appellant, we direct the tribunal to state the case and refer the following two questions of law to the high court :1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in allowing investment allowance under section 32a of the income-tax act, 1961, on the excavator, which was used for excavation of earth at site ?2. whether, on the facts and in the circumstances of the case, the appellate tribunal is correct in holding that the assessing officer cannot verify which machinery was used for contract work in proceedings under section 154 of the income-tax act ?3. accordingly, the appeal is allowed, the order of the high court is set aside and the application under section 256(2) of the income-tax act is allowed.

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May 11 1999 (SC)

Commissioner of Income Tax, A.P.-i Vs. Bhooratnam and Co.

Court : Supreme Court of India

Decided on : May-11-1999

Reported in : 2000(245)ITR5; 2000(9)SCC532; 2000(163)CTR420; 2001(116)TAXMAN8

b.n. kirpal, j.by the courtspecial leave grantedafter hearing counsel for the appellant, we direct the tribunal to state the case and refer the following two questions of law to the high court"1. whether, on the facts and the circumstances of the case, the tribunal was correct in law in allowing investment allowance under section. 32a of the it act, 1961, on the excavator, which was used for excavation of earth at site ?2. whether, on the facts and in the circumstances of the case, the tribunal is correct in holding that the ao cannot verify which machinery was used for contract work in proceedings under s. 154 of the it act ?" *accordingly, the appeal is allowed, the order of the high court is set aside and the application under s. 256(2) of the it act is allowedno costs.

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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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May 13 1999 (SC)

Harendra H. Mehta and ors. Vs. Mukesh H. Mehta and ors.

Court : Supreme Court of India

Decided on : May-13-1999

Reported in : AIR1999SC2054; 1999(3)ALLMR(SC)348; [1999]97CompCas265(SC); [1999]238ITR158(SC); JT1999(4)SC50; 1999(3)SCALE641; (1999)5SCC108; [1999]3SCR562

ordered and adjudged, pursuant to cplr 7510 and 7514 that the award of the arbitrator, lalit mehta, dated october 31, 1990 is hereby confirmed and shall constitute a judgment of this court provided however, that payment by a.d. development ltd. to mukesh mehta for the purchase of his shares of a.d. development ltd. shall be limited pursuant to business corporation law *314 to the availability, of surplus and it is further,

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May 14 1999 (SC)

Commissioner of Income Tax, Bombay Vs. Chika Ltd., Bombay

Court : Supreme Court of India

Decided on : May-14-1999

the text below is only a summarized version of the order pronouncedfollowing the decision in the case of cit v. step well industries ltd., , it was held that the deduction u s 35-b of income tax act could not be claimed in respect of commission paid in india for the sales made outside india. appeal was allowed.

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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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Jul 21 1999 (SC)

State of Punjab Vs. Baldev Singh, Etc. Etc.

Court : Supreme Court of India

Decided on : Jul-21-1999

Reported in : (1999)157CTR(SC)3

..... s case (supra) is that the seized material could be used in other legal proceedings against an assessee, before the it 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 that ..... context, can only be to the effect that material seized during search and seizure, conducted in contravention of the provisions of s. 132 of the income tax act cannot be restrained from being used, subject to law, before the it authorities in other legal proceedings against the persons, from whose custody that material ..... 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 ..... 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 ..... 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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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 .....

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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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Jul 27 1999 (SC)

Food Corporation of India Vs. Municipal Committee, Jalalabad and Anoth ...

Court : Supreme Court of India

Decided on : Jul-27-1999

Reported in : AIR1999SC2573; [1999]98CompCas824(SC); JT1999(5)SC133; (1999)123PLR530; 1999(4)SCALE282; (1999)6SCC74; 1999(2)LC1282(SC)

..... and may, by that name, sue and be sued. if we refer to section 42 of the act, the corporation is a company within the meaning of the income-tax act, 1961 and liable to tax on its income, profits and gains. however, under section 43, provision of law relating to winding up of companies ..... and that valuation and assessment of the properties has been completed without taking into account the provisions of section 3 of the punjab municipal act under which house tax is to be arrived at on the basis of the 'annual value' on which the properties can be let.3. high court ..... corporation is not a company within the meaning of the definition of that term appearing in clause (e) of section 3 of the land acquisition act. this court also did not accept the argument that corporation is a government department. it said :a government department has to be an organisation which ..... the central government and cannot claim exemption from taxation under article 285 of the constitution. the case of the corporation cannot be any different. the act under which it is constituted specifically makes the corporation a body corporate having the attributes of a company.8. in state of punjab and ors. ..... the division bench of the punjab and haryana high court dismissing its writ petition challenging the order of assessment of its properties under the punjab municipal act by the second respondent, the municipal committee, jalalabad, district ferozpur in the state of punjab.2. it is contended before us that the corporation .....

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