Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Year: 1999 Page 1 of about 103 results (0.034 seconds)

Dec 22 1999 (TRI)

Enterprise International Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Dec-22-1999

Reported in : (2001)77ITD189(Kol.)

..... which it is stated as follows : "section 190 of the income-tax act provides for deduction of income-tax at source as one of the modes of collection of income-tax in respect of an income, not with standing that the regular assessment in respect of such income is to be made in a later assessment year." "in view ..... 1. this appeal has been filed by the assessee against the order of the commissioner of income-tax (appeals) upholding the order passed by the assessing officer under sections 215/201(1)/ 201(1a) of the income-tax act, 1961 on 7-10-1998.2. the assessee-company entered into a tenancy agreement for taking on ..... of the aforesaid, there is no requirement to deduct income-tax at source on income by way of "rent" if the ..... payee is the government. in the case of the local authorities and statutory authorities referred to in para 3 of his circular, there will be no requirement to deduct tax at source from income by way of rent if ..... counsel for the assessee seems to argue in this connection that inasmuch as the advance amounts did not constitute income in the hands of the recipients thereof there was no need to deduct tax at source therefrom.10. it is curious to note that although the ld. counsel for the assessee relied .....

Tag this Judgment!

Dec 22 1999 (HC)

Enterprise International Ltd. Vs. Income Tax Officer

Court : Kolkata

Decided on : Dec-22-1999

Reported in : [2000]77ITD189(Cal)

..... assessee against the order of the commissioner (appeals) upholding the order passed by the assessing officer under sections 215/201(1)/201(1a) of the income tax act, 1961 on 7-10-1998.2. the assessee-company entered into a tenancy agreement for taking on rent basis the land and premises no. 382 ..... in which it is stated as follows:'section 190 of the income tax act provides for deduction of income-tax at source as one of the modes of collection of income-tax in respect of an income, notwithstanding that the regular assessment in respect of such income is to be made in a later assessment year.'at para ..... at source on income by way of 'rent' if the payee is the government. in the case of the local authorities and statutory authorities referred to in ..... for the assessee seems to argue in this connection that inasmuch as the advance amounts did not constitute income in the hands of the recipients thereof there was no need to deduct tax at source therefrom.10. it is curious to note that although the learned counsel for the assessee ..... 4 of the said circular again, it is stated as under:'in view of the aforesaid, there is no requirement to deduct income-tax .....

Tag this Judgment!

Dec 14 1999 (TRI)

Ms. Enfield Industries Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Dec-14-1999

..... the honble settlement commission for a practical and judicious adjudication of the complex case(s) and avoiding protracted litigations. accordingly, an application for settlement under section 245c(1) of the income tax act, 1961 was already filed by enfield industries limited for the block period as well as for the assessment year 2000-01 and the individuals, namely, sri satyadeo sonthalia, sri ..... on available records which gave incomplete information, the appellant subsequently filed an application before the settlement commission under section 245c(1) of the income tax act, 1961 on 21-11-2001 disclosing its modified income for the block period. the same income rs. 14,25,052 was also disclosed to the i.t. authorities by a disclosure petition dated 20-12-2000 substituting the ..... the incorrect return, which was initially filed, was sought to be rectified by its subsequent disclosure, which was noted and acted upon by the income tax officer. it is not mandatory under section 271 of the income tax act, 1961, that a penalty must be imposed in every case.6.15. it is thus established without any ambiguity that in the instant case the ..... the case of the appellant company to fully covered by this decision of the apex court . in this particular case, the assessee originally filed its return showing a meagre income but after action and section 152 of the income tax act, 1961 a notice under section 148 was served on him to response to the said notice he filed revised return showing higher .....

Tag this Judgment!

Dec 09 1999 (HC)

Rallis India Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Dec-09-1999

Reported in : [2000]246ITR170(Cal)

..... proceedings, could not have been recovered, it had the option to apply to the assessing officer in terms of section 36(1)(vii) of the income-tax act, 1961, for such relief as could be found due to it. when we look to the judgment of the tribunal we found that the tribunal ..... . khaitan, the learned advocate appearing for the assessee, submitted that in the light of the legal provisions contained under section 36(l)(vii) of the income-tax act, 1961, the amount of any bad debt or part thereof which is written off as irrecoverable in the accounts of the assessee has to be deducted. ..... the 1983 ordinance and also consider the import of the circular dated january 13, 1971, issued by the central board of direct taxes under section 119 of the income-tax act, 1961. it will be only after we consider the provisions of the ordinance and the applicability of the circular in its true ..... under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case and on appreciatipn of the ordinance and the central board of direct taxes circular, the tribunal was justified in holding that the relief granted by the commissioner of income-tax (appeals) was on wrong appreciation ..... be deducted in respect of the aforesaid assessment year. the assessing officer's finding was against the assessee. but the commissioner of income-tax (appeals) set aside that finding and held that the amount in question was really a bad debt. the tribunal reversed the aforesaid finding of .....

Tag this Judgment!

Dec 09 1999 (HC)

Rallis India Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

Decided on : Dec-09-1999

Reported in : [2000]109TAXMAN279(Cal)

..... law has been referred to us for our opinion under section 256(1) of the income tax act, 1961 :'whether, on the facts and in the circumstances of the case and on appreciation of the ordinance and central board of direct taxes circular, the tribunal was justified in holding that the relief granted by the commissioner ..... provisions of 1983 ordinance and also consider the import of the circular dated 13-1-1971 issued by the central board of direct taxes under section 119 of the act. it will be only after we consider the provisions of the ordinance and the applicability of the circular in its true perspective that ..... of any liability and the cessation of any such liability in respect of any such undertaking after the coming into force of the act. in other words, the act clearly provided that no suit could be filed without the permission of the central government in respect of any liability that might have ..... with respect to the 'management' part.7. viewed thus, we find that the circular dated 13-1-1971 (supra) issued by the board of direct taxes cannot have any applicability to the facts of the present case, because that circular at that point of time (as in 1971) dealt with such undertakings ..... the central government or the custodian.'6. when we appreciate the preamble to the ordinance, in the light of section 3 thereof which relates to the act of taking over of the management of the undertakings and section 7 (supra), we find that the `liabilities' part remained with the companies whose .....

Tag this Judgment!

Dec 01 1999 (HC)

Gurudas Hazra Vs. P.K. Chowdhury and ors.

Court : Kolkata

Decided on : Dec-01-1999

Reported in : [2002]109CompCas530(Cal)

..... 5. on behalf of the revenue, affidavits are prayed for, interim order is opposed and reliance is placed on section 179 of the income-tax act. that section is as follows : '179. liability of directors of private company in liquidation.--(1) notwithstanding anything contained in the companies ..... director at the material time. 3. mr. mitter submits for the writ petitioner that even if there are dues of or in regard to income-tax of the company, the stoppage of the bank account of the writ petitioner himself is illegal. 4. according to him, for unpaid ..... apply to any person who was a director of such private company in relation to any tax due in respect of any income of such private company assessable for any assessment year commencing before the first day of april, 1962.' 6. the marginal note or heading of ..... on his part in relation to the affairs of the company. (2) where a private company is converted into a public company and the tax assessed in respect of any income of any previous year during which such company was a private company cannot be recovered, then, nothing contained in sub-section (1) shall ..... act, 1956 (1 of 1956), (where any tax due from a private company in respect of any income of any previous year or from any other company in respect of any income of any previous year during which such other company was a private company) .....

Tag this Judgment!

Nov 18 1999 (HC)

Bhutoria Valve Udyog Ltd. Vs. Biswanath Jhunjhunwalla and ors.

Court : Kolkata

Decided on : Nov-18-1999

Reported in : (2000)2CALLT95(HC)

..... called upon the said defendants to execute the deed of conveyance in terms of the said approved deed of conveyance and for that purpose to obtain the income-tax clearance under section 230a of the income-tax act, 1961. the defendants in their original written statement, met with this point in paragraph 29 by saying that it is denied that they are not taking ..... the fiat in the above premises'. they had also approved the conveyance sent by the plaintiff's solicitors and advocates and further stated that they were applying the same for income-tax clearance and should execute the conveyance within 12 months from the date thereof. therefore, the statement made by the plaintiff has been corroborated by the exhibits. under such circumstances, ..... received from the seller upon being approved. minor alterations had been made therein as shown in red. a request was made to the defendants to obtain the income-tax clearance certificate under section 230a of the income-tax. specifically, in ext m. the defendants have stated that 'this is to put on record that we have received full and final payment vide your ..... any steps for obtaining the income-tax clearance certificate or deliberately postponing the execution of the deed of conveyance. they have further contended that the plaintiff has not performed the .....

Tag this Judgment!

Nov 01 1999 (HC)

income Tax Officer Vs. Calcutta Medical Research Institute

Court : Kolkata

Decided on : Nov-01-1999

Reported in : [2001]75ITD484(Cal)

..... -8-1996 for the assessment year 1990-91 where the commissioner (appeals) has deleted the penalty imposed by the assessing officer under sections 201(1) and 201 (1a) of the income tax act.2. the brief facts of the case are that the assessee is running a hospital-cum-nursing home in calcutta. the assessee has two types of doctors engaged in the ..... of a film actress and was not salary income. similarly, the director, managing agent, bank treasurers were not considered as an employer and employee in the absence of any covenant cit v. manmohan das : [1966]59itr699(sc) ; ram prashad v. cit : [1972]86itr122(sc) and qamar shaffi tyabji v. cept : [1960]39itr611(sc) .10. in the ..... company but that of the foreign company as per the ratio laid down by the jurisdictional high court in cit v. west bengal state electricity board : [1987]166itr507(cal) . similarly, the distinction was made between the servant and independent contractor. a servant acts under the direct control and supervision of his master, and is bound to conform to all reasonable orders given ..... that her services were lent for the purposes of acting in different films at a certain remuneration fixed in the contracts, and she was completely free, after her contracts with the film companies were carried out, to lend her services to any other company she desired, it was held that the assessee's income arose out of the practice of her profession .....

Tag this Judgment!

Oct 13 1999 (HC)

Birendra Nath Manna and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Oct-13-1999

Reported in : (2000)2CALLT105(HC),2000(1)CHN173

..... -1 of constitution of india, the state had no legislate competence to make the aforementioned amendment.6. it was further submitted that upon introduction of chapter xx-c of the income-tax act, 1961 it must be held that as union of india is competent to deal with the question of under valuation of an instrument as has been held by the apex ..... of c.b. gautam v. union of india reported in : [1993]199itr530(sc) is wholly misplaced. the provision ofchapter xx-c of the indian income-tax act is not in parl material with section 47a of the said act. both acts although seek to achieve the same purpose but the mode thereof is different. in terms of the provisions contained in chapter xx-c the ..... covered by entry 44 of the concurrent list. it has further been submitted that in any event two parallel proceedings, one governed under the income-tax act, 1961 and another governed under the state amendment of the indian stamp act as a result whereof the assessee may be rendered liable to pay enhanced stamp duty in respect of a transaction which had not taken ..... and freight. repelling the contention, hidayatullah j. speaking for the court said : 'we do not agree that the act, in its pith and substance, lays the tax upon income and not upon passengers and goods. section 3, in terms, speaks of the charge of the tax 'in respect of all passengers carried and goods transported by motor vehicles, and though the measure of the .....

Tag this Judgment!

Sep 22 1999 (HC)

Smt. Tapati Pal Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Sep-22-1999

Reported in : [2000]241ITR468(Cal)

..... the reference applications for the assessment years 1983-84 and 1984-85 for our opinion :'1. whether, on the interpretation of section 159 of the income-tax act, 1961, the finding of the tribunal that the legal heir is fully responsible for the default committed by the deceased was patently on reasonable and/or ..... in view of the facts and the fact that the assessee is liable to pay the tax and be treated as deemed assessee after the death of her father under the provisions of section 159 of the income-tax act, there is nothing wrong in initiating the penalty proceedings against the assessee after the death ..... 5, in the negative, that is, in favour of the revenue and against the assessee.10. since the identical questions are referred in income-tax reference no. 127 of 1994 and income-tax reference no. 128 of 1994 and the assessment years are common, i.e., 1983-84 and 1984-85, we dispose of botch the ..... to the tune of rs. 73,040 and rs. 92,843 under section 271(1)(c) for both the years respectively. in appeal the commissioner of income-tax (appeals) has cancelled the penalties for both the years. in appeal before the tribunal, the assessee has first time taken the plea that dr. g. ..... of her father.7. thus, we answer the questions as under :question no. 1 pertains to whether a legal heir is fully responsible for the default committed by the deceased under section 159 of the act. .....

Tag this Judgment!


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