Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: chennai Page 9 of about 27,565 results (0.138 seconds)

Jan 20 2016 (HC)

Commissioner of Income-tax, Chennai Vs. Farida Leather Company

Court : Chennai

..... /-, being the commission paid to foreign agents, under section 40(a)(i) of the income tax act, 1961 (hereinafter referred to as "the act"). 2.1 aggrieved over the order passed by the assessing officer, the assessee filed an appeal before the commissioner of income tax (appeals) (cit (a)). 2.2 the cit (a) allowed the appeal by the assessee and deleted disallowance made by the assessing officer ..... disallowance of expenditure of commission paid by the assessee can be made on the ground of non-deduction of tax at source, while making payments by invoking provisions of section 40(a)(i) of the act. 2.4 aggrieved over the order of the income tax appellate tribunal, the revenue has preferred this appeal, raising the following substantial questions of law: "1. whether on ..... character of "fees for technical services" as explained in the context of section 9(1)(vii) of the act. 12. as the non-residents were not providing any technical services to the assessee, as held above and as held by the commissioner of income tax (appeals), the commission payment made to them does not fall into the category of "fees of technical services ..... " and therefore, explanation (2) to section 9(1)(vii) of the act, as invoked by the assessing officer, has no application to the facts of the assessee .....

Tag this Judgment!

Jan 19 2016 (HC)

Commissioner of Income Tax Chennai Vs. Vishnukumar Traders Private Lim ...

Court : Chennai

..... erred in holding that the assessee is entitled to deduction under section 80ia. c. the income tax appellate tribunal erred in allowing the deduction under section 80ia of the income tax act when there is no positive income from the industrial undertaking during the financial assessment year. d. the income tax appellate tribunal ought to have appreciated that as per section 80ia (5) the undertaking eligible ..... law. "1. whether on the facts and in the circumstances of the case, the appellate tribunal was in right in allowing the deduction under section 80ia of the income tax act, when there is no positive income from the eligible unit during the initial assessment year? 2. whether on the facts and in the circumstances of the case, the ..... for deduction u/s 80ia should be treated as only source of income for computing the quantum of deduction. e. ..... record. the assessee had relied on the decision of this court, in velayudhaswamy spinning mills (p) ltd. vs. assistant commissioner of income tax, (231 ctr (mad.) 368). the assessing officer had invoked section 80ia(5) of the act, since the jurisdictional decision of this court had not been accepted by the department and an appeal is pending before the supreme court .....

Tag this Judgment!

Jan 12 2016 (HC)

Commissioner of Income Tax, Coimbatore Vs. S. Martin

Court : Chennai

..... /-. 2.2. the assessee had claimed a deduction of rs.6,72,43,719/-, under section 80ia of the income tax act, 1961, (hereinafter referred to as `the act') on the income from the windmill division of the company. the case of the assessee had been selected for scrutiny assessment and a ..... filed under section 260 a of the income tax act, 1961 against the order of the income tax appellate tribunal madras 'c' bench, dated 31.7.2015 in ita no.294/mds/2015.) m. jaichandren, j. 1. this tax case appeal has been filed against the order of the income tax appellate tribunal 'c' bench, chennai, ..... 229 taxman 449/54 taxmann.com 408 (madras), this court had followed the decision rendered in velayudhaswamy spinning mills (p) ltd. vs. assistant commissioner of income tax, (231 ctr (mad.) 368), and had decided the matter in favour of the assessee and against the revenue. taking note of the above said decisions ..... , dated 31.7.2015, had dismissed the appeal following the decision of this court, in velayudhaswamy spinning mills (p) ltd. vs. assistant commissioner of income tax, (231 ctr (mad.) 368). 3. challenging the order of the tribunal, dated 31.7.2015, the department has filed the present appeal, before this ..... court, under section 260a of the act, raising the following substantial questions of law. "1. whether under the facts and circumstance of the case the hon'ble income tax appellate tribunal was right in law in holding that the assessee is entitled to .....

Tag this Judgment!

Jan 06 2016 (HC)

M/s. Vellore Co-op Sugar Mills Ltd. Vs. The Joint Commissioner of Inco ...

Court : Chennai

..... 'b' bench, dated 31.8.2006 in ita no.468/mds/99.) m. jaichandren, j. 1. this tax case appeal has been filed, under section 260a of the income tax act, 1961, challenging the order of the income tax appellate tribunal, bench 'b', chennai, dated 31.8.2006, made in i.t.a.no.468/mds/99, ..... sugar. for the assessment year 1993-94, the original return of income, filed on 28.3.1993, had been accepted by the respondent in the intimation issued in terms of section 143(1)(a) of the income tax act, 1961 (hereinafter referred to as 'the act'), on 28.7.1994. accepting the letter of the appellant, ..... dated 8.1.1994, the respondent had issued a notice of rectification in terms of section 154 of the act, on 18.4.1996. in the said proceedings ..... deduction in the order, dated 30.7.1997. 2.3. aggrieved by the said order, the appellant had preferred a second appeal before the income tax appellate tribunal. the tribunal had also rejected the appeal filed by the appellant confirming the order passed by the first appellate authority holding that the assessee ..... , issued under section 154 of the act and the order, dated 8.5.1997, cannot be taken to have merged with the subsequent order, dated 30.7.1997. therefore, the tribunal had rejected the appeal filed by the appellant confirming the order passed by the commissioner of income tax appeals iii, chennai, dated 14.12 .....

Tag this Judgment!

Dec 21 2015 (HC)

Commissioner of Income Tax, Chennai Vs. M/s. Kalaignar TV Private Limi ...

Court : Chennai

..... in s.p.no.345/mds/2015 in i.t.a. no.1245/mds/2015. t.c.a.no.1179 of 2015: tax case (appeal) filed under section 260 a of the income tax act, 1961 against the order of the income tax appellate tribunal 'c' bench, chennai, dated 8.10.2015 in s.p.no.346/mds/2015 in i.t.a. no ..... .1246/mds/2015.) common judgment: (m. jaichandren, j.) 1. the tax case (appeal) no.1178 of 2015 has been filed against the order of the income tax appellate tribunal 'c' ..... also brought to the notice of this court that the main appeals, in i.t.a.nos.1245 and 1246/mds/2015, pending before the income tax appellate tribunal 'c' bench, chennai, are being proceeded with, on a day-to-day basis. 6. in such circumstances, we are of the view that the present appeals, ..... this court that subsequent stay petitions, in s.p.nos.417 and 418/mds/2015, in i.t.a.nos.1245 and 1246/mds/2015, had been filed before the income tax appellate tribunal 'c' bench, chennai, and orders had been passed, on 27.11.2015, granting extension of stay of demand, till 31.12.2015. 5. it is ..... t.a. no.1246/mds/2015. 3. on hearing the submissions made by the learned counsels appearing for the parties concerned, it is found that the orders passed by the income tax appellate tribunal 'c' bench, chennai, dated 8.10.2015, in s.p.no.345/mds/2015, in i.t.a. no.1245/mds/2015 and s.p.no .....

Tag this Judgment!

Dec 17 2015 (HC)

Kanchi Silk Palace, Chennai Vs. The Employees State Insurance Corporat ...

Court : Chennai

..... rented premises, which has a separate electricity service connection bearing s.c.no.235-29-1194. their firm is an assessee under the income tax act in respect of the income derived from the business and having five employees. since their firm is not carrying out any manufacturing activity, they are not covered under ..... on sale of silk sarees and textile business in a rented premises. their firm is an assessee under the income tax act and having five employees. since their firm is not carrying on any manufacturing activity, they are not covered under e.s.i ..... the impugned show-cause notice, which was sent to mohammed beevi, alleged owner of the unit of m/s.kanchi silk palace as per the income tax return, was received and acknowledged by her by affixing the seal of m/s.kanchi traders (formerly kanchi dresses). it clearly reaffirms the existence of ..... establishment independently during october, 2007 and by letter, dated 09.02.2013, addressed to five establishments, informed that their respective establishments were covered under the act from 02.01.2013. since then the other establishments have been remitting contribution in respect of their respective employees. however, the respondent, by the ..... e.s.i.act. 3. they have submitted that on 16.11.2005, an officer claiming to be an inspector from the respondent corporation, .....

Tag this Judgment!

Dec 16 2015 (HC)

Commissioner of Income Tax, Chennai Vs. M/s. Balaha Chemicals Agencies

Court : Chennai

..... the revenue that the payments claimed by the assessee were found to be bogus and that the assessee had not concealed particulars of income or furnished inaccurate particulars of income, as laid down in section 271(1)(c) of the income tax act, 1961. 6. it had also been submitted that the tribunal had failed to note that the judgment of the delhi high court ..... tribunal "a" bench, dated 14.2.2013, in ita no.308/mds/2012, under section 260 a of the income tax act, 1961.) common judgment m. jaichandren, j. 1. the above tax case appeals have been filed against the common order passed by the income tax appellate tribunal, `a' bench, chennai, in i.t.a.nos.308, 309 and 310 of 2012, relating to the assessment ..... claiming false expenditure, the assessing officer had levied penalty, under section 271(1) (c) of the income tax act, 1961. 2.3) aggrieved by the said order, the assessee had preferred appeals before the commissioner of income tax (appeals). the commissioner of income tax (appeals) had held that the commission payments made to d.d.vyas and his sons cannot be treated as false or inaccurate ..... by the order passed by the tribunal, the revenue has preferred the present appeals before this court, under section 260a of the income tax act, 1961, raising the following substantial question of law. "1. whether under the facts and circumstances of the case, the income tax appellate tribunal was correct in dismissing the appeal preferred by the revenue against the order of the commissioner of .....

Tag this Judgment!

Dec 15 2015 (HC)

N. Vanjimuthu Vs. The Competent Authority and Commissioner of Land Adm ...

Court : Chennai Madurai

..... the order of the high court and restored the order of the execution court. (iii) rule 16(2) of the second schedule to the income tax act and section 64 of the code of civil procedure are in pari materia. (iv) therefore, the sale executed by the third respondent in this case ..... 4 scc 78: (i) this case does not arise out of the attachment or sale made under the rules of the second schedule to the income tax act. it arose out of the sale of property made in contravention of section 64 of the code of civil procedure. the appellant before the apex ..... establishments not covered by the reserve bank of india act, 1934 (central act ii of 1934) in the state in the recent past with the sole object of grabbing money received as deposits from the public, mostly ..... in the absence of such provision which does not disclose the consequence of not filing application within the time stipulated, section 29 of the limitation act comes for rescue, which specifically mentions two circumstances under which the said provision could be utilized. firstly, there must be a provision for period ..... establishments and the innocent public are cheated, the tamil nadu government enacted the tamil nadu protection of interests of depositors (in financial establishments) act, 1997 (tamil nadu act 44 of 1997). it is useful to extract the objects and reasons leading to the enactment. ''there is mushroom growth of financial .....

Tag this Judgment!

Dec 07 2015 (HC)

Commissioner of Income-tax, Tamil Nadu-VII, Madras Vs. Textile Dye Che ...

Court : Chennai

..... agents. 13. considering the scope of submissions made on both sides and also considering the scope of enquiries that can be made utilizing the power under section 131 of the income tax act, 1961, we are of the view that the matter must be remanded back to the assessing officer, with liberty to both sides to place materials with reference to the contentions ..... rs.26,57,330/- while claimaing deduction towards payment of commission. it was taken up for scrutiny and during finalization, under section 143 (3) of the income tax act, 1961, (hereinafter will be referred to as "the act") the claim for commission was disallowed to the extent of rs.65,27,747/-, which are allegedly paid to: (i) m/s. auto india group - rs ..... commission agents, when pans have been made available and if need be, the revenue can invoke the powers under section 131 of the act. 10.3.1 the powers of the income-tax authorities are as follows: powers of the income-tax authorities.- for the purpose of enabling the assessing officer, deputy commissioner (appeals), deputy commissioner, commissioner (appeals) and chief commissioner or commissioner to discharge .....

Tag this Judgment!

Dec 01 2015 (HC)

CADD Centre Vs. Assistant Commissioner of Income-tax, City Circle -II ...

Court : Chennai

..... going concern by a private limited company amounts to transfer of capital assets even when no consideration has been received within the meaning of section 48 of the income tax act, 1961? (c) whether the income tax appellate tribunal is right in law in not giving a finding on a legal issue of re-opening of the assessment which was raised by the appellant on ..... to be satisfied: (i) transfer by way of distribution of capital assets; (ii) such transfer should be on dissolution of the firm or otherwise. 13.3 section 47 of the income tax act deals with the transactions not regarded as transfer. the opening sentence of section 47 reads that, nothing contained in section 45 shall apply to the following transfers :- (i) to (xii ..... disposal of the asset, by any one of the mode, referred to in the definition of the term "transfer" in section 2(47). 13.2 section 45(4) of the income tax act reads as under: "45(4) - the profits or gains arising from the transfer of a capital asset by way of distribution of capital assets on the dissolution of a firm ..... partnership to the retiring partners would amount to the transfer of the capital assets in the nature of capital gains and business profits which is chargeable to tax under section 45(4) of the income-tax act. we will, therefore, have to answer question no. 3 by holding that the word "otherwise" takes into its sweep not only cases of dissolution but also cases .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //