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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Year: 2000 Page 6 of about 119 results (0.107 seconds)

Jun 22 2000 (HC)

Commissioner of Income Tax Vs. Orient Beverages Ltd.

Court : Kolkata

Decided on : Jun-22-2000

Reported in : (2001)164CTR(Cal)529

..... the case, the tribunal was justified in holding that the assessee was entitled to the deduction of the interest payable on the outstanding municipal taxes thereby cancelling the order of the commissioner passed under section 263 of the income tax act ?(2) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessee was justified ..... to the calcutta municipal corporation since the interest was part of the municipal tax itself, and was liable to be disallowed under section 43b of the income tax act, (hereinafter referred to as the act) as the same had not been actually paid.in respect of the assessment years 1988-89, the income tax officer himself disallowed the interest of rs. 8,83,503 under section 43b ..... parties, it would not be out of place to reproduce section 43b of the income tax act which is as follows:'notwithstanding anything contained in any other provision of this act a deduction otherwise allowable under this act in respect of :(a) any sum payable by the assessee by way of tax, duty, cess or fee, by whatever name called, under any law for the time ..... of the act. the disallowance was upheld by the commissioner (appeals).3. the assessee filed .....

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Jun 21 2000 (HC)

Commissioner of Income-tax Vs. Ethelbari Tea Co. (1931) Ltd.

Court : Kolkata

Decided on : Jun-21-2000

Reported in : [2002]256ITR470(Cal),[2003]129STC256(Cal)

..... mr. dutta, learned counsel appearing for the assessee. in this case, only question that is raised is whether the assessee would be entitled under section 35cca of the income-tax act, 1961, deduction of income-tax even though the approval of the society had been withdrawn with retrospective effect. in support of this contention, mr. agarwal relies on a division bench decision of this court ..... society with retrospective effect from december 13, 1982, the petitioner was not entitled to any deduction under section 35cca of the income-tax act, 1961. in view of a decision of the supreme court in the case of state of maharashtra v. suresh trading company [1998] 109 stc 439, we are unable to apply ..... following question :'whether, on the facts and circumstances of the case, the learned tribunal was justified in law in holding that the assessee's claim under section 35cca of the income-tax act, 1961 is allowable even though the approval of the society had been withdrawn with retrospective effect ?'2. we have heard mr. agarwal, learned counsel appearing on behalf of the department ..... in the case of commissioner of income-tax v. bankam investment limited : [1994]208itr208(cal) . it is true that in that case, it was held that when the state level committee had withdrawn the approval of the .....

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Jun 12 2000 (HC)

Smt. Bidya Devi Vs. Commissioner of Income-tax and ors.

Court : Kolkata

Decided on : Jun-12-2000

Reported in : (2000)164CTR(Cal)109,[2000]245ITR196(Cal)

..... march 30, 1989, and the order of the assistant commissioner dated september 12, 1991, and ought to have held that the amendment in section 179 of the income-tax act, 1961, which was amended in october, 1975, is not applicable in the case of the director of a company who resigned in 1974 when the company has not gone into ..... company after the financial year 1974-75 for which the relevant assessment year is 1975-76. the law applicable to the assessment of the income of the company for the financial year 1974-75 will be the income-tax act as it stood on april 1, 1975. the amendment that came into force with effect from october 1, 1975, cannot be invoked to make ..... as the petitioner's husband who was one of the directors, before the amendment in section 179 is not liable for any tax of the company in question under section 179 of the income-tax act, 1961 (hereinafter referred to as 'the act of 1961').2. the petitioner's husband expired on may 22, 1988, at calcutta. the petitioner's husband was one of the ..... , 1987, in compliance with the direction of this court in accordance with law that order should not be set aside by the commissioner of income-tax, under section 263 of the act of 1961. the order of the income-tax officer was neither erroneous nor prejudicial to the interests of the revenue. when the order was not erroneous and was strictly in compliance with the .....

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May 22 2000 (TRI)

Saroj Kumar Poddar Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : May-22-2000

Reported in : (2001)77ITD326(Kol.)

..... in the hands of the assessee could not be subjected to capital gains tax.4. the assessing officer, however, referred to the provisions of section 2(24) of the income-tax act, 1961 and discussed that the definition of "income" as given therein was merely inclusive and not exhaustive. he furthermore stated that income need not necessarily arise from any business activity, investment, outlay or any ..... that case also, it was held that compensation for agreeing to refrain from carrying on competitive business constituted capital receipt not liable to income-tax.the supreme court's decision in the case of cit v. bombay burmah trading corpn. [1986] 161 itr 386 at page 401 has also been relied upon in this case. in that particular case, ..... agent on consideration of an undertaking not to engage in any rival business the same would be treated as a capital receipt not liable to income-tax." the judgment of the madras high court in the case of cit v. saraswathi publicities [1981] 132 itr 207 has also been tried to be relied upon by the ld. counsel for the assessee. in ..... enforceable obligation to pay but may even arise out of voluntary payments. the assessing officer, after discussing the observations made by the privy council in the case of cit .....

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May 16 2000 (HC)

Berger Paints India Ltd. and ors. Vs. Joint Commissioner of Income-tax ...

Court : Kolkata

Decided on : May-16-2000

Reported in : [2000]245ITR645(Cal)

..... the end of the relevant assessment year. 4. factually, this case has a chequered history which has been dealt with by numerous income-tax authorities of the income-tax act and the same has been proceeded up to the level of the commissioner as well as the tribunal which are not at all relevant ..... or closing stock of imported raw materials bonded as on march 31, 1993. 25. under such circumstances, the notice under section 148 of the income-tax act is violative of law. therefore, the notice of reassessment as issued by march 28, 2000, in respect of the assessment year 1993-94 being ..... order. 20. learned counsel appearing on behalf of the respondent contended that an effective alternative remedy is available by way of appeal under the income-tax act. in any event, the assessing officer had made a disallowance of rs. 99,10,108 in respect of excise duty relatable to the closing ..... the writ petition. 14. under such circumstances, factually there is hardly any scope for the authority concerned to serve a notice under section 148 of the income-tax act. 15. mr. pranab kumar pal, learned senior counsel appearing on behalf of the petitioner cited various decisions in support of his contentions. 16. he ..... the reasons as discussed above.' 6. therefore, the context is very clear as per the fulfilment of the proviso under section 147 of the income-tax act. upon going through the reasons from the record placed before the court, learned counsel for the petitioner contended that neither there is a failure .....

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May 16 2000 (HC)

Jaymac Lasetron (P.) Ltd. and anr. Vs. Commissioner of Income-tax and ...

Court : Kolkata

Decided on : May-16-2000

Reported in : (2000)164CTR(Cal)366,[2000]245ITR734(Cal)

..... c), of the code of civil procedure as aforesaid.43. nevertheless, there is a provision under rule 11(6) of the second schedule to the income-tax act, 1961, which provides as follows :'where a claim or an objection is preferred, the party against whom an order is made may institute a suit ..... who has obtained the property during the course or immediately after the proceeding but before service of notice under schedule ii, rule 2 to the income-tax act, 1961.42. garnishee proceedings are a type of proceedings which are important between a creditor and the persons who step in the shoes of the ..... but not otherwise.40. last but not the least, a discussion is necessary in respect of the scope and ambit of the second schedule under the income-tax act, 1961. as i have already stated that the second schedule is almost verbatim reproduction of order 21 of the code of civil procedure, then a ..... void in properly constituted proceedings. from the observations in such judgment it appears that theentire process for recovery under the second schedule to the income-tax act commences with service of notice under rule 2 and all the rules in the second schedule relate to the protection of the revenue's right ..... transfer, sublet or assign its rights in the said premises.5. on november 21, 1983, a notice was issued by the appropriate income-tax authority under section 143(2) of the income-tax act, 1961, in respect of the assessment year 1982-83.6. on september 20, 1984, the second party, as aforesaid, entered into .....

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May 16 2000 (HC)

Gaurav Goel Vs. Commissioner of Income-tax and ors.

Court : Kolkata

Decided on : May-16-2000

Reported in : (2000)164CTR(Cal)358,[2000]245ITR169(Cal),[2001]116TAXMAN46(Cal)

..... .3. under such circumstances, the writ petition is disposed of with a direction upon the assessing officer to give the reasons for issuance of notices under section 281b of the income-tax act specifically quantifying the amount of claim upon hearing' the petitioner within a period of 15 days from the date of communication of this order. for the purpose of effective adjudication ..... . it is apparently clear from the notices that the assessment proceeding's under the income-tax act, are pending'. the scope and ambit of section 281b is that where, during the pendency of any proceeding for the assessment of any income or for the assessment or reassessment of any income which has escaped assessment, the assessing officer is of the opinion that for the purpose ..... within seven days from the date of putting in requisition for drawing up and completion of the order as well as the certified copy thereof.5. all parties are to act on a xeroxed signed copy of this dictated order upon usual undertaking and as per the satisfaction of the officer of this court. .....

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Apr 27 2000 (HC)

Commissioner of Income-tax Vs. Kwality Ice Creams (P.) Ltd.

Court : Kolkata

Decided on : Apr-27-2000

Reported in : [2000]245ITR252(Cal)

..... the question is answered in favour of the assessee and against the revenue.5. though there is no direct decision under the provisions of the income-tax act wherein item no. 6 of the eleventh schedule to the income-tax act has been considered in respect of ice-cream, i.e., whether ice-cream is a milk product or a confectionery product, that question has been ..... ice-cream by taking' a view that ice-cream was not a confectionery and did not fall within items of schedule 11 to the income-tax act, 1961, as a result of which the appellate order of the commissioner of income-tax (appeals) cancelling the order of the assessing officer under section 147(b) was upheld ?'2. the assessee is a private limited company and ..... entitled for the investment allowance. in the appeal before the commissioner of income-tax (appeals), it was brought to the notice of the commissioner of income-tax (appeals) that in the earlier assessment year, i.e., 1984-85, the claim of ..... assessment ordermade under section 143(3) of the act, was reopened under section 147(b) of the act. during the course of assessment proceedings, the income-tax officer took the view that the assessee-company was engaged in the manufacture of ice-cream which was an item of confectionery included in the eleventh schedule to the income-tax act. therefore, according to him, the assessee is not .....

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Apr 25 2000 (HC)

Commissioner of Income-tax Vs. General Fibre Dealers (P.) Ltd.

Court : Kolkata

Decided on : Apr-25-2000

Reported in : [2001]248ITR622(Cal)

..... facts and in the circumstances of the case, the tribunal was justified in allowing investment allowance on jeeps and motor cycles owned by the assessee under section 32a of the income-tax act, 1961 ?2. whether, on the facts and in the circumstances of the case, the tribunal was justified in allowing extra shift allowance on building and furniture as per section 32 ..... the land and more area was brought under cultivation of tea gardens, the assessee is entitled for deduction under section 35c of the income-tax act.7. heard learned counsel for the parties. the provisions of section 32a of the act requires that the assessee is entitled for investment allowance, inter alia, on the machinery or plant specified in sub-section (2) which is ..... asked to explain why a sum of rs. 5,00,640 should not be added in the total income of the assessee. the income-tax officer further noticed that the assessee has claimed investment allowance on jeeps and motor cycles under section 32a of the income-tax act, 1961, and extra shift allowance on building and furniture as per section 32 read with rule 5 of ..... the circumstances of the case, the tribunal was justified in holding that the assessee was entitled to relief under section 35c of the income-tax act, 1961 ?'2. the assessee has filed its return on november 20, 1978, showing the total income of rs. 2,62,601. the assessment was completed under section 144 on january 31, 1981. that was cancelled and in fresh .....

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Apr 25 2000 (HC)

Commissioner of Income Tax Vs. General Fibre Dealers (P) Ltd.

Court : Kolkata

Decided on : Apr-25-2000

Reported in : (2001)164CTR(Cal)392

..... facts and in the circumstances of the case, the tribunal was justified in allowing investment allowance on jeeps and motor-cycles owned by the assessee under section 32a of the income tax act, 1961 ?2. whether, on the facts and circumstances of the case, the tribunal was justified in allowing extra shift allowance on building and furniture as per section 32 read with ..... asked to explain why a sum of rs. 5,00,640 should not be added in the total income of the assessee. the income tax officer further noticed that the assessee has claimed investment allowance on jeeps and motor-cycles under section 32a of the income tax act, 1961, and extra shift allowance on building and furniture as per section 32 read with rule 5 of ..... and circumstances of the case, the tribunal was justified in holding that the assessee was entitled to relief under section 35c of the income tax act, 1961 ?'2. the assessee has filed its return on 20-11-1978, showing the total income of rs. 2,62,601. the assessment was completed under section 144 on 31-1-1981. that was cancelled and in fresh ..... the income tax rules, 1962. he disallowed both and also disallowed the claim of the assessee that the assessee is entitled for any relief under .....

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