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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Year: 2000 Page 11 of about 119 results (0.094 seconds)

Jan 04 2000 (HC)

Pilcom Vs. Income Tax Officer

Court : Kolkata

Decided on : Jan-04-2000

Reported in : [2000]77ITD218(Cal)

..... represents transfer from london to pakistan and sri lanka for disbursement of prize money in those countries for matches played therein, the same would not attract the provisions of indian income tax act. firstly, the payment under this particular clause seems to be of the nature of defraying genuine expenses incurred by the cricket boards of pakistan and sri lanka in connection with ..... ) as it existed prior to 31-3-1989 under which, an appeal lay before the commissioner (appeals) against an order made by an assessing officer under the provisions of the income tax act, 1961 in the case of such persons or classes of persons as the board may, having regard to the nature of the cases, the complexities involved and other relevant considerations ..... certainly deserves careful attention. it is contended that, inasmuch as, all the payments were made by pilcom at london i.e. outside india, the provisions of the income tax act, 1961 relating to deduction of tax at source will not apply to such payments, inasmuch as, the said provisions do not have any extra-territorial jurisdiction. in other words, the assessee tries to argue ..... to in section 194e, the principal officer and the company of which he is the principal officer does not deduct or after deducting fails to pay the tax as required by or under the income tax act, 1961, he or it shall, without prejudice to any other consequences, which he or it may incur, be deemed to be an assessee in default in respect .....

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Jan 04 2000 (HC)

Commissioner of Income-tax Vs. Andaman Timber Industries Ltd.

Court : Kolkata

Decided on : Jan-04-2000

Reported in : (2000)158CTR(Cal)458,[2000]242ITR204(Cal)

..... and the year ending is on march 31, 1985. during the course of assessment, the assessing officer found that the assessee has claimed the benefit of section 80hh of the income-tax act, 1961, on profits and gains derived from an industrial undertaking which includes the grant of subsidy of rs. 6,29,871 under the transport subsidy scheme, 1971. the assessing ..... for our consideration is whether the amount of transport subsidy is a profit for the purpose of deduction under section 80hh of the income-tax act. as referred to above, their lordships in their latest decision in the case of cit v. sterling foods : 1999ecr481(sc) , had made a distinction between the words 'derived from' and 'attributable to'. the words 'attributable to' have ..... export of goods and, therefore, entitled for deduction under section 80hh of the income-tax act.10. in gwalior rayon silk . v. cit : [1983]143itr590(mp) , the question before the madhya pradesh high court was to calculate the tax deduction allowance under section 2(5) of the finance (no. 2) act, 1962. the income-tax officer had calculated the value of the turnover of the exports for computation ..... in holding the view that the assessee in the present case was eligible for deduction under section 80hh of the income-tax act, 1961, in respect of transport subsidy received by it ?'2. the return was filed on september 30, 1985, disclosing a total income of rs. 29,98,041. subsequently, another return was filed on september 30, 1986, in vdiw scheme disclosing .....

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Jan 04 2000 (TRI)

Pilcom Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jan-04-2000

Reported in : (2001)77ITD218(Kol.)

..... represents transfer from london to pakistan and sri lanka for disbursement of prize money in those countries for matches played therein, the same would not attract the provisions of indian income tax act. firstly, the payment under this particular clause seems to be of the nature of defraying genuine expenses incurred by the cricket boards of pakistan and sri lanka in connection with ..... certainly deserves careful attention. it is contended that, inasmuch as, all the payments were made by pilcom at london i.e.outside india, the provisions of the income-tax act, 1961 relating to deduction of tax at source will not apply to such payments, inasmuch as, the said provisions do not have any extra-territorial jurisdiction.in other words, the assessee tries to argue ..... to in sec. 194e, the principal officer and the company of which he is the principal officer does not deduct or after deducting fails to pay the tax as required by or under the income-tax act, 1961, he or it shall, without prejudice to any other consequences, which he or it may incur, be deemed to be an assessee in default in respect ..... is no doubt about the fact that where there is a conflict between the provisions of dtaa and those of the indian income tax act with regard to some particular issues, the provisions of dtaa would prevail over those of the indian income tax act. however, where there is no such conflict and in respect of matters where the dtaa is totally silent, the provisions of .....

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Jan 14 2000 (HC)

Commissioner of Income Tax Vs. M.N. Dastur and Co. (P) Ltd.

Court : Kolkata

Decided on : Jan-14-2000

Reported in : (2000)159CTR(Cal)417

..... -cause notice under section 263 of the income tax act, to the assessee and passed the order under section 263 of the income tax act, directing the income tax officer to disallow 20 per cent under section 37(3a) and (3b) and withdraw excess amount allowed ..... revenue and against assessee. question no. 4 whether the tribunal was justified in law in cancelling the order of the commissioner under section 263 of the income tax act, 1961, we answer in negative i.e., in favour of the revenue and against assessee.the questions referred in r.a. no. 8(cal) ..... not deducted 20 per cent from expenses on motor car repairs and insurance amounting to rs. 5,93,678 under section 37(3a) of the income tax act. according to him the assessment made by the assessing officer was erroneous and prejudicial to the interest of the revenue. he accordingly issued a show ..... the facts and in the circumstances of the case, the tribunal was justified in law in cancelling the order of the commissioner under section 263 of the income tax act, 1961 ?in r.a. no. 8/cal/1992 following questions are referred'' 1. whether, on the facts and in the circumstances of the case ..... . 'whether, on the facts and in the circumstances of the case and on a correct interpretation of the sections 37(3a), 37(3b) of the income tax act, 1961, read with expln. (c) thereof, the tribunal was justified in law in holding that since it is not the case of the commissioner that .....

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Jan 05 2000 (HC)

Commissioner of Income-tax Vs. Sijua (Jheria) Electrical Supply Co. Lt ...

Court : Kolkata

Decided on : Jan-05-2000

Reported in : [2000]242ITR404(Cal)

..... civil suits which had been filed by its members while it was carrying on its business could be allowed deduction under section 10(2)(xv) of the indian income-tax act, 1922, from its other income after its business was stopped. in the instant case though the business in generation and supply of electricity was taken over by the government the assessee continued to ..... holding that the payment of gratuity amounting to rs. 89,572 is an allowable expenditure within the meaning of section 57(iii) of the income-tax act, 1961, and in that view deleting the addition of the same amount ?'2. the assessee carried on business in generation and supply of electricity till 1975 which was taken over ..... kumar banerjee totalling rs. 89,572 and claimed the deduction of the salary as well as gratuity to the employees under section 57(iii) of the act. the income-tax officer as well as the commissioner of income-tax (appeals) did not allow the claim of the assessee. however, the tribunal has allowed the claim of the assessee holding that the employees were rendering services ..... 1. on an application under section 256(2) of the income-tax act, 1961, the tribunal has referred the following question for our opinion :'whether, on the facts and in the circumstances of the case and in the absence of any nexus between the earning of interest income from fixed deposit and the expenditure by way of gratuity, the tribunal was justified in law in .....

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Feb 03 2000 (HC)

Appropriate Authority and ors. Vs. Vysya Bank Ltd. and anr.

Court : Kolkata

Decided on : Feb-03-2000

Reported in : (2000)161CTR(Cal)293

..... who has entered into an agreement to sell the same which cannot be completed by reason of an order of purchase under section 269ud of the income tax act and at what rate, will have to be decided in the facts and circumstances of each case. all that can be observed by way of ..... has been given to vendor and vendoe and there are several discrepancies in the proceeding before acquisition of the property in terms of section 269ud(1) of the income tax act. learned single judge has specifically emphasized on the decision in the case of c.b. gautam v. union of india (1992) 108 ctr (sc) 304 ..... this appeal has been directed against the judgment and order of learned single judge, dated 24-12- 1997 (reported as vysya bank ltd. v. appropriate authority of income-tax & ors. (1999) 151 ctr (cal) 239). the appeal was listed several times. none appeared for the appropriate authority.2. heard learned counsel for the respondents ..... said transfers. the appropriate authority, however, passed orders of purchase under section 269ud of the act in both the cases. the order in respect of the first agreement was passed on 29-7-1994 and that in respect of second agreement on 28 ..... accommodation to its officers who came on transfer for serving at its branches at calcutta. as required by the provisions of chapter xx-c of the act, the bank and delite filed form no. 37-1 in respect of each of the two agreements for issue of 'no objection certificate' for the .....

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Feb 02 2000 (HC)

Park Hotel (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Feb-02-2000

Reported in : [2000]243ITR514(Cal)

..... has got valid title legally conveyed to him after complying with the provisions of the transfer of property act and the registration act, but for the purpose of the income-tax act, for taxing the income, the assessment should be made with the object of the income-tax act, i.e., to tax the income'.18. their lordships also clarified that though the amendment relating to section 27(iii), (iiia) and ( ..... legally conveyed to him after complying with the requirements of jaw such as the transfer of property act, registration act, etc. but, in the context of section 22 of the income-tax act, having regard to the ground realities and further having regard to the object of the income-tax act, namely, 'to tax the income', we are of the view, 'owner' is a person who is entitled to receive ..... not arise.'16. after the assessment of this case by the apex court, their lordships had occasion to consider the issue regarding ownership for the purpose of the income-tax act in poddar cement pvt. ltd.'s case : [1997]226itr625(sc) . their lordships had considered the definition of ownership under section 27 and their lordships observed at page 633 as under ..... surendra overseas. we put a query to mr. mullick, learned counsel for the revenue, to show us any provision in the income-tax act which authorised the assessing officer that when the income is not taxed in the hands of the assessee who is liable to pay tax under the act, can that be taxed in the hands of any other person, only on the ground that the .....

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Jan 24 2000 (HC)

income-tax Officer and ors. Vs. Jiyajeerao Cotton Mills Ltd.

Court : Kolkata

Decided on : Jan-24-2000

Reported in : (2000)164CTR(Cal)619,[2001]247ITR122(Cal)

..... the income-tax department ; it recognises it in those authorities only which are specifically authorised to exercise adjudicatory functions. nor does section ..... conclusion that an audit party can pronounce on the law, and that such pronouncement amounts to 'information' within the meaning of section 147(b) of the income-tax act, 1961.'6. the case holds the field even as on date so far the law laid down that the internal audit cannot pronounce the law nor such pronouncement ..... under :'whether it is the internal audit party of the income-tax department or an audit party of the comptroller and auditor-general, they perform essentially administrative or executive functions and cannot be attributed the powers of judicial supervision over the quasi-judicial acts of income-tax authorities. the income-tax act does not contemplate such power in any internal audit organisation of ..... whereby following the decision of the apex court in the case of indian and eastern newspaper society v. cit : [1979]119itr996(sc) , the learned single judge had taken the view that the reopening of proceedings under section 148 of the income-tax act, 1961, was invalid, improper, baseless and without jurisdiction.2. the assessment for the assessment year .....

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Jan 21 2000 (HC)

The Union of India and ors. Vs. Poddar Udyog Limited and anr.

Court : Kolkata

Decided on : Jan-21-2000

Reported in : (2000)2CALLT193(HC)

..... has nothing to do with the proper administration of the income tax act, 1961.53. we can, therefore, have no reason to disbelieve the contents of the said letter of 24th january, 1996, which clearly holds out a promise from the central board ..... if the said doctrine was applicable to the facts of this case. mr. shome contended that the said letter couldnot be brought within the ambit of section 119 of the income tax act, 1961, as the same was not a direction or order from the said board to a sub-ordinate officer. it was further contended that under section 3(1) of the ..... of the rents contained in the said letter could not be construed to be a direction given by the central board of direct taxes. new delhi, and could not, therefore, be brought within the ambit of section 119 of the income tax act, 1961.52. a glance at the letter of 24th january, 1996, will reveal that the same had been issued by the ..... the said board and having to face possible disciplinary action. in our view, the provisions of section 119 of the income tax act, 1961, which deals with instructions given by the board to its subordinate authorities for the proper administration of the act has no application in this case which merely involves payment of rent for a tenanted premises at an enhanced rate and .....

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Jan 19 2000 (HC)

Commissioner of Income-tax Vs. Hari Finance and Trade (P.) Ltd.

Court : Kolkata

Decided on : Jan-19-2000

Reported in : (2000)160CTR(Cal)435,[2000]243ITR465(Cal)

..... justified in law in holding that section 40a(8) of the said act is not applicable on the interest paid on the surplus of current account of the director, shri h. ..... 256(1) of the income-tax act, 1961, the tribunal has referred the following common question for the assessment years 1981-82 and 1982-83 for our opinion :'whether, on the facts and in the circumstances of the case and on a correct interpretation of section 40a(8) of the income-tax act, 1961, the tribunal was ..... been paid to one shri hari prosad lohia, on his deposit with the assessee-company. the income-tax officer disallowed 15 per cent. of the interest paid, invoking the provisions of section 40a(8) of the act. the tribunal has allowed the claim of the assessee following the decision of the madhya pradesh ..... definition of 'deposit', there is no justification to stretch or narrow down the definition of deposit, given in the explanation in that subsection in the act itself. when a plain reading of the language in the definition of 'deposit' clearly provides that 'deposit' means any deposit of money, there is ..... high court in the case of cit v. kalani asbestos (put.) ltd. : [1989]180itr55(mp) and held that in the .....

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