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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: chennai Page 2 of about 27,565 results (0.102 seconds)

Dec 09 2016 (HC)

Interbulk Trading SA, Switzerland Vs. Adam and Coal Resources Private ...

Court : Chennai

..... expert evidence was led by both sides, with regard to the obligation, if any, of adam coal to deduct withholding tax under the provisions of the indian income tax act, 1961 (in short the income tax act ). in this context, the testimony of experts was also placed before the learned arbitrator, with regard to the relevant ..... is that, adam coal, could not have unilaterally varied the terms of a written contract by taking recourse to the provisions of section 195 of the income tax act. 32. the learned arbitrator, in my view, quite correctly, analysed the testimony of mr.bhaskar (adam coal's witness), when, he noted that ..... with preventing a situation, whereby, its financial outgo could exceed usd 3,37,500. 31. mr.krishnan's argument that section 195a of the income tax act would get kicked-in, only, if, there was an agreement or arrangement qua grossing up, and, since, there was no such agreement or arrangement ..... amount, i.e., usd 270,000, that, interbulk recommenced the arbitration. 22.2. the reliance on the provision of section 195a of the income tax act by the learned arbitrator was erroneous, inasmuch as the said section, had no applicability, in view of the admitted position, that there was no ..... that azadi bachao andolan was good law, even today, qua the proposition, that, in case inconsistency was found as between the provisions of the income tax act and the dtaa, the latter would over ride the former. 20.8. this apart, learned counsel also placed reliance on a judgment, in the .....

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Dec 07 2016 (HC)

Trans Corporate Advisory Services (P.) Ltd. Vs. Assistant Commissioner ...

Court : Chennai

1. the petitioner has filed this writ petition challenging the notice under section 148 of the income tax act, 1961 (hereinafter referred to as "the act") dated 30.03.2016 reopening the assessment for the year 2009-2010 and the order dated 16.11.2016 rejecting the objections filed by the petitioner on the reasons for ..... submission by stating that when no assessment order has been passed and the assessment is completed by a mere intimation under section 143(1) of the act, unless there is reason to believe that income chargeable to tax has escaped assessment, notice for reopening cannot be issued, hence the petitioner is entitled to challenge the notice as being without jurisdiction. in this regard ..... the learned counsels appearing for the parties and perused the materials placed on record. 8. the respondent has issued the impugned notice under section 148 of the act as he had reason to believe that the income in respect of which the petitioner was chargeable to tax for the relevant assessment year has escaped assessment within the meaning of section 147 of the ..... act. the expression 'reason to believe' has been explained to mean a cause or justification and cannot be read to mean that the assessing officer should have finally ascertain .....

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Dec 02 2016 (HC)

S. Sevugan Chettiar Vs. Principal Chief Commissioner of Income-tax, Ch ...

Court : Chennai

..... has opted for voluntary retirement under the early retirement option scheme shall be entitled to exemption under section 10(10c) of the income tax act, 1961 (hereinafter referred to as the act). following the said decision, the central board of direct taxes issued a circular dated 13.4.2016 stating that the judgment of the hon'ble supreme court be brought to the notice ..... act shall observe and follow such orders, instructions and directions of the board. the proviso carves out ..... of the act and such authorities and all other persons employed in the execution of this ..... in exercise of the powers conferred under section 119 of the act. the said provision deals with instructions to subordinate authorities. sub-section (1) of section 119 of the act states that the board may, from time to time, issue such orders, instructions and directions to other income tax authorities, as it may deem fit, for the proper administration of the provisions .....

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Nov 08 2016 (HC)

M/s. Abab Offshore Ltd., Rep., by its Vice President-Finance, Chennai ...

Court : Chennai

..... and abroad. 2. in this writ petition, the petitioner seeks for issuance of a writ of certiorari, to quash the notice issued by the respondent under section 148 of the income tax act, 1961, (act), dated 31.03.2015, relating to the assessment year 2008-09. 3. mr.g.baskar learned counsel for ms.s.sriniranjani, learned counsel appearing for the petitioner challenges the ..... 31.03.2015, stating that he has reasons to believe that the petitioner's income chargeable to tax for the assessment year 2008-09 has escaped assessment within the meaning of section 147 of the income tax act, 1961. therefore, the respondent proposed to assess/reassess the income for the said assessment year and directed the petitioner to file returns in the prescribed form. 10. the ..... sufficiency of reasons for reopening. therefore, it is submitted that the petitioner may be directed to follow the procedure laid down in the case of gkn driveshafts (india) ltd., vs. income tax officer and ors., (supra). 8. heard mr.g.baskar learned counsel for ms.s.sriniranjani learned counsel for the petitioner and mrs.hema muralikrishnan, learned senior panel counsel for the ..... simultaneously, the respondent has issued notice under section 143(2) of the act, dated 09.09.2015 and the same is illegal. in support of his contentions, learned counsel placed reliance on the decision in the case of fenner (india) ltd., vs. dcit reported in 241 itr 672; commissioner of income tax vs. kelvinator of india ltd reported in [2010] 320 itr 561 .....

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Nov 03 2016 (HC)

Sea Hawk Lines Private Limited

Court : Chennai

..... ...the amalgamation of the transferor company with the transferee company in accordance with this scheme will be in compliance with the provisions of s.2(1b) of the income tax act, 1961. the amalgamation is in the nature of merger as defined in para 3(e) of the accounting standard (as) 14 as prescribedby the institute of chartered accountants of india. ..... (prayer: application filed rules 9 and 11(b) of the companies (court) rules 1959 read with sections 391 to 394 of the companies act, 1956) 1. issue notice. mr.ramaiah, the official liquidator accepts notice. 2. i am informed that advance copy was served on the regional director (in short rd ). 2.1. there .....

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Nov 01 2016 (HC)

Central Board of Direct Taxes Vs. Regen Infrastructure and Services (P ...

Court : Chennai

..... of delay of one day in filing the return of income. that application has been rejected by the central board of direct taxes, by its order dated 05.05.2014. calling in question the ..... for exemption, deduction, refund or any other relief under the act, after the expiry of the period specified by or under the act by making such an application or claim and ..... effect, the assessing officer to consider the return of income filed by the assessee for the assessment year 2010-11, on merits. 6. it is appropriate to notice that under section 119 (2) (b) of the income tax act, the central board of direct taxes has been empowered "to admit an application or claim ..... filing of the income tax returns for the assessment year 2010-11, from 30.09.2010 up to 15.10.2010, as general life has been disturbed due to the floods. the assessee moved an application under section 119 (2) (b) of the income tax act, before the central board of direct taxes, seeking condonation ..... single judge in w.p.no.5137 of 2015 on 14.03.2016. 2. the respondent company is the assessee on the rolls of the income tax officer, company ward-v(4), nungambakkam, chennai. for the assessment year 2010-11, the respondent/assessee has uploaded its return sometime immediately past midnight .....

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Oct 04 2016 (HC)

S. Jayanthi Shri Vs. The Assistant Commissioner of Income Tax, Coimbat ...

Court : Chennai

..... petitioner smt.s.jayanthi shri., wife of mr.d.ramagopal, has filed this writ petition challenging an order passed by the first respondent, assessing officer, under section 271f of the income tax act, 1961, (act), levying penalty of rs.5,000/- for non-filing of the returns at the appropriate time for the assessment years 2008-09 to 2014-15. 3. the following facts ..... .ramagopal had approached this court on an earlier occasion by filing w.p.nos.11225 and 11226 of 2016, wherein they sought for a direction upon the commissioner of income tax to withdraw the income tax assessment proceedings of the petitioners from the first respondent (ms.kalpalatha rajan, i.r.s.,) and entrust the job to some other officer of the same cadre. the ..... 27.06.2016, in pan no:bbhpm6439 passed by the first respondent against the petitioner for ays 2008-09 to 2014-15 on the file of the assistant commissioner of income tax, central circle-i, coimbatore and quash the same.) 1. heard mr. a.e.chelliah learned senior counsel for mr.k.ramanujam, learned counsel for the petitioner and mr.t.pramod ..... for being entitled to the protection under section 273b. the meaning of the expression reasonable cause could be culled out from certain decisions, which arises under section 271 of the act. in cit vs. padmanabhan. s., reported in 2006-284-itr-535 (kar), where the return was filed pursuant to seizure of the fixed deposits during search, the explanation of the assessee .....

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Sep 30 2016 (HC)

M/s. Hi-design, Rep., by its Chief Finance Officer Vsersus The Commiss ...

Court : Chennai

..... appeal nos.516-527 of 2004, reported in (2011) 1 scc 1 held that the order of settlement commission under section 245d(4) of the income tax act shall be final and conclusive. in uoi vs. ind- swift laboratories ltd., reported in 2011 (265) elt 3 (sc), the hon'ble supreme court held that an order passed by ..... the settlement commission could be interfered with only if the said order is found to be contrary to any statutory provisions of the act. 12. so far the findings of the fact recorded by the commission or questions of fact are concerned, the same is not opened for examination either by the high court .....

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Sep 30 2016 (HC)

M/s.Visal Lubetech Corporation and Another Vs. The Additional Commissi ...

Court : Chennai

..... , the hon'ble first bench of this court was considering a matter arising under the income tax act in which the court framed a question as to whether in tax matter when alternate remedy is provided in the act itself should there be short circuiting of the statutory remedy. this issue was considered after ..... cross examination of certain officers and persons in an enquiry, in pursuance of the show cause notices issued under section 11a of the central excise act, 1944. in the annexures to the show cause notices, the respondents therein relied upon the reports of the energy auditor as well as ..... an alternative remedy ordinarily writ jurisdiction of this court under article 226 of the constitution should not be invoked. this principle applies with greater force regarding tax proceedings. as observed by the supreme court in titaghur paper mills co. ltd. v. state of orissa, : "where a right or liability ..... to refer to the operative portion of the judgment:- 5. it is well settled by a series of decisions of the supreme court that particularly in tax matters there should be no short circuiting of the statutory remedies, vide titaghur paper mills co. ltd. v. state of orissa, , assistant collector of ..... elaborately referring to several decisions and it was held that it is well settled by the series of decisions of the hon'ble supreme court that particularly in tax matters, there should .....

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Sep 23 2016 (HC)

Vari Agencies Vs. The Commercial Tax Officer and Another

Court : Chennai Madurai

..... statute itself contains a provision that the jurisdiction of a civil court is barred e.g. the bar contained in section 293 of the income tax act, 1961. an implied bar may arise when a statute provides a special remedy to an aggrieved party like a right of appeal as contained in ..... section 86 forbids in clear terms the person aggrieved by an assessment from seeking his remedy in any other forum or in any other manner than that provided in the municipal act. 23. it is well recognised that where a revenue ..... an assessment of tax under the act, irrespective of whether the grievance relates to the rate or quantum of tax or the principle of assessment. the act further provides a particular forum and a specific mode of having this remedy which is analogous to that provided in section 66(2) of the indian income tax act, 1922. ..... of 2007. 13. the petitioner wanted the civil court to be converted as an appellate authority over the authorities constituted under the tamil nadu value added tax act, 2006. in any case, the petitioner has not made out any case to restore the suit in o.s.no.448 of 2007. 11. ..... suit is impliedly barred. however, in the subject case, there is a specific statutory bar under section 77(1) of the tamil nadu value added tax act, 2006, prohibiting the civil court from entertaining civil suits. this provision was overlooked by the learned principal subordinate judge, while entertaining the suit in o. .....

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