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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: supreme court of india Year: 1999 Page 9 of about 188 results (0.094 seconds)

Aug 06 1999 (SC)

Zunjarrao Bhikaji Nagarkar Vs. U.O.i. and Others

Court : Supreme Court of India

Decided on : Aug-06-1999

Reported in : AIR1999SC2881; 1999(66)ECC40; 1999LC29(SC); 1999(112)ELT772(SC); JT1999(5)SC366; (2000)ILLJ728SC; 1999(4)SCALE480; (1999)7SCC409; [1999]Supp1SCR87; 2000(1)SLJ291(SC)

..... gave illegal and improper directions to the assessing officer to complete the assessments of three firms under section 143(1) of the income tax act even though at the relevant time proceedings under section 144a of the income tax act were pending before him and these cases did not come within the purview of summary assessment scheme of amnesty scheme of the central board of ..... to penalty. we may contrast the provisions of rule 173q and section 11ac with section 271 of the income-tax act, 1961. this section, prior to amendment in 1988, stood as under:failure to furnish returns, comply with notices, concealment of income, etc. 271. (1) if the income tax officer or the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under ..... be less than, but which shall not exceed twice, the amount of tax sought to be evaded by reason of the concealment of particulars of his income or the furnishing of inaccurate particulars of such income:...34. it would, thus, be seen that under provisions of section 271 of the income tax act in the first instance there is a discretion with the assessing authority whether ..... direct taxes and, therefore, respondent had violated rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of the ccs (conduct) rules, 1964. .....

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Aug 11 1999 (SC)

Collector of Central Excise, Pune Etc. Etc. Vs. Dai Ichi Karkaria Ltd. ...

Court : Supreme Court of India

Decided on : Aug-11-1999

Reported in : AIR1999SC3234; 1999(65)ECC354; 1999LC4(SC); 1999(112)ELT353(SC); JT1999(5)SC595; 1999(4)SCALE669; (1999)7SCC448; [1999]Supp1SCR360

..... judgment is one in which the meaning of 'actual cost', not defined under the income tax act, 1922, was considered. for ascertaining what 'actual cost' was in the circumstances, this court referred to accepted accountancy rules and said that they should be adopted and that the ..... 'actual cost' of the assets in the absence of any statutory definition or other indication to the contrary.23. the learned attorney general submitted that judgments relating to the income tax act or other statutes had no relevance while considering a provision in an excise statute. there can be no doubt about the correctness of this proposition, but the challapalli sugars ltd ..... taken into consideration while considering the question of deduction on account of depreciation and development rebate under the income tax act. 'written down value' depended upon the 'actual cost' of the assets to the assessee. the expression 'actual cost' had not been defined in the income tax act, 1922 and the question was whether the interest paid before the commencement of production on the amount ..... cost of the excisable product for the purposes of section 4(1)(b) of the act read with rule 6 of the valuation rules?22. learned counsel for the respondents drew our attention to the judgment of this court in challapalli sugars ltd. v. commissioner of income-tax, a.p. : [1975]98itr167(sc) . the court was concerned with 'written down value'. .....

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Aug 11 1999 (SC)

Jalalsab Shaikh Vs. State of Goa

Court : Supreme Court of India

Decided on : Aug-11-1999

Reported in : 1999(2)ALT(Cri)336; 2000CriLJ762; JT1999(6)SC177; 1999(5)SCALE62; (1999)6SCC410; 1999(2)LC1384(SC)

ordernanavati, j.1. the appellant has been convicted for the offence punishable under section 302 i.p.c., by the court of sessions judge, south goa, margao. his conviction has been confirmed by the high court. what has been held against him is that during the night between 26th and 27th december, 1995, he killed his wife with a pick axe.2. the trial court recorded his conviction on the basis of circumstantial evidence and the high court after reappreciating the evidence has confirmed it. the trial court had also relied upon the evidence of eye-witness p.w.-6, ismail, son of the appellant, who was then eight years old. but the high court did not think it fit to rely on his evidence as he had not stated before the police that he had seen his father killing his mother.3. the evidence of p.w.-2, ganesh karma and p.w.-8 sunita, does not suffer from any infirmity and establishes that the appellant, his wife and child p.w.-6 ismail were residing in the room belonging to p.w.-2 ganesh karma since about 12 days before the date of the incident. the evidence further establishes that it was reported to p.w.-2 ganesh karmar that the appellant was consuming alcohol, assaulting his wife and creating nuisance almost every day. it was for that reason that p.w.-2 ganesh karma had met the appellant on 26-12-95 in the morning and told him not to consume alcohol and create nuisance there otherwise he will have to vacate the room. his further evidence is that on that very day at about 2.00 p.m. .....

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Aug 11 1999 (SC)

Brij Mohan Shori Vs. the Commr. of Police and ors.

Court : Supreme Court of India

Decided on : Aug-11-1999

Reported in : AIR2000SC3628b; JT1999(10)SC351

order1.the learned counsel for the petitioner states that as the petitioner has now been released on bail, the petitioner would not like to pursue this habeas corpus petition any longer and reserves his right to file a complaint for wrongful restraint and confinement and also to claim damages for wrongful confinement. the writ petition is, therefore, dismissed as withdrawn.

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Aug 16 1999 (SC)

J. Jermons Vs. Aliammal and ors.

Court : Supreme Court of India

Decided on : Aug-16-1999

Reported in : AIR1999SC3041; 1999(3)CTC697; JT1999(6)SC26; (2000)1MLJ71(SC); 1999(5)SCALE12; (1999)7SCC382; [1999]Supp1SCR467

..... concluded that there is no apparent conflict between the provisions of sections 222 and 226(3) of the income tax act and sections 17(1) & (2) of the west bengal act and that the said provisions of the income tax act could not have the effect of overriding sub-section (1) or (2) of section 17, it becomes ..... and struck out his defence. on revision to the high court of calcutta, a division bench held that the notice under section 226(3) of the income tax act could not have the effect of overriding sub-section (1) or (2) of section 17 and that the tenant in order to avail protection against ..... eviction. we are afraid, we cannot accede to this contention. the respondents exposed themselves to the risk of facing various proceedings under income tax act by their own conduct of not paying the income tax due by them. on service of ex.b-3 on the appellant and the respondents (the assessee in default) the respondents' ..... of notice under section 46(5a) of the income-tax act, 1922 which is a precursor of section 226(3) of the income-tax act, 1961 held that it was in the nature of garnishee order and the tenant (the person on whom the notice was served ..... accordingly, he paid the rent due for the period (a) commencing from ex.b-2 to b-3 - 107 months.23. section 226(3) of the income tax act is identical to order 21 rule 46, c.p.c.24. this court in v.n.vasudeva v. kiroi mal luhariwala : [1964]6scr181 , while considering effect .....

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Aug 17 1999 (SC)

The Transmission Corporation of A.P. Ltd. and anr Vs. the Commissioner ...

Court : Supreme Court of India

Decided on : Aug-17-1999

Reported in : AIR1999SC3036; [1999]239ITR587(SC); JT1999(5)SC654; 1999(5)SCALE40; (1999)7SCC266; [1999]Supp1SCR504

..... .med and decided the following question :-whether, on the facts and in the circumstances of the case, the superintending engineer, civil circle, upper sileru, is liable to deduct income-tax under section 195 of the income-tax act, 1961 in respect of payments made to nonresidents viz., m/s. charmilles engineering works ltd., m/s. sacheron works ltd., and m/s. oerlikon engineering company and ..... .c. no. 205 of 1978:whether on the facts and in the circumstances of the case, the superintending engineer, civil circle, upper sileru, is liable to deduct income-tax under section 195 of the income-tax act, 1961 on the payments made to the non-resident company for the assessment years 1966-67,1967-68, 1968-69 and 1969-70?3. similar questions with regard ..... well; and the disbursements, which were of the nature of gross revenue receipts, were yet sums chargeable under the provisions of the income-tax act and came within the ambit of section 18(3b) of the act.13. hence, in our view there is no substance in the contention of the learned counsel for the appellant that the expression 'any other sum chargeable under ..... a non-resident 'any sum chargeable under the provisions of this act', shall, at the time of payment, deduct income tax thereon at the rates in force. it is his contention that under the income-tax act, tax can be levied and collected on the income but when the payments made to the non-resident were not entirely income, but a trading receipt, there is no question of deduction .....

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Aug 17 1999 (SC)

Commissioner of Income Tax, Delhi Vs. Bharat Carbon and Ribbon Mfg. Co ...

Court : Supreme Court of India

Decided on : Aug-17-1999

Reported in : AIR1999SC3260; 2000(69)ECC238; 1999(113)ELT9(SC); JT1999(6)SC136; 1999(5)SCALE28; (1999)6SCC434; [1999]Supp1SCR492

..... reference of the following two questions by filing an application before delhi high court under section 256(2) of the income tax act, 1961 (hereinafter referred to as 'the act'):1. whether on the facts and in the circumstances of the case the itat was correct in law in confirming ..... have accrued over the accounting period to deduct such sums from profits8. 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 ..... molasses co. (p) ltd v. c.i.t., west bengal : [1959]37itr66(sc) for contending that the expenditure would be deductible for income tax purpose which is towards a liability existing at the time, but putting aside the money may become expenditure on the happening of a event is not expenditure ..... notice was issued in the said assessment year. in respect of subsequent assessment year 1981-82, the claim of the assessee was rejected by the income tax officer on the ground that as the assessee maintains mercantile system of accounting, the claim for earlier years was inadmissible. he further observed that ..... and the answer to the same is self evident in view of the decision of this court in the case of kedarnath jute . v. commissioner of income tax (central), calcutta : [1971]82itr363(sc) . against that order revenue has filed this appeal. it was the case of the assessee-respondent company that .....

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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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Aug 27 1999 (SC)

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Aug-27-1999

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

..... 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?2. these questions arose from the order of the appellate tribunal in the following circumstances.3. one mrs. bhikhubai chandulal jalundhwala, a resident of bombay, executed a will on ..... 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 ..... . 1. 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 .....

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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)155CTR(SC)585

..... . 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 front the order of the tribunal in the following circumstances.2. one mrs. bhikhubai chandulal jalundhwala, a resident of bombay, executed a will on 5-1 ..... whether any part of the income of the estate of the testator was exempt under the proviso to section 4(3)(1) of the said ..... wadhwa, j.a division bench of the high court of judicature at bombay on a reference under section 256(1) of the income tax act, 1961 ('the act') decided all the three questions of law referred to it for its opinion by the tribunal in favour of the revenue. the assessee is aggrieved. the questions of law are: ..... wholly for religious and charitable purposes and, thus, the entire income from the properties was exempt from taxation. the revenue contended that since the debts had not been fully discharged, the trustees could be assessed only as executors under section 41 of the indian income tax act, 1922 and income was not exempt from tax. the question which came up for consideration of the court was .....

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