Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 10 of about 270,442 results (0.407 seconds)

Jul 31 2019 (HC)

M/S Dabur Invest Corp vs.addl. Commissioner of Income Tax & Anr.

Court : Delhi

..... is a petition by m/s dabur invest corp, questioning the order dated 15th january, 2019 passed by the additional commissioner of income tax special range-16 (respondent no.1) under section 281-b of the income tax act, 1961 ( act?) ordering the assets of the... petitioner mentioned in the order to be kept under provisional attachment for a period of six months. the ..... .p. rastogi, mr. rohit jain, mr. versus k.n.ahuja, mr. aniket d. agrawal, ms. kannopriya gupta &mr.manu k. giri, advocates m/s dabur invest corp addl. commissioner of income tax & anr. ....... respondents through: mr. raghvendra singh, sr. standing counsel & mr. vipul agrawal, junior standing counsel coram: justice s. muralidhar justice talwant singh % dr. s. muralidhar, j.: order3107.2019 1. this ..... year annually, it was w.p.(c) 7909/2019 page 3 of 13 business income. as far as ays 2013-2014 and 2014-2015 are concerned, the principal commissioner of income tax (pcit) (respondent no.2) invoked jurisdiction under section 263 of the act and directed the ao to tax the receipt of refundable option money in those years.7. based on the conclusion arrived ..... -2017 by issuing notice under section 148 of the act. pursuant thereto, the ao completed the assessment on an income of rs.250.07 crores, rs.247 crores and rs. 247.67 crores respectively against the returned income of rs. nil, rs. 0.08 crore and rs. 0.45 crores respectively. extra demands of tax in interest of the sum of rs.148.29 .....

Tag this Judgment!

Jul 31 2019 (SC)

Talat Fatima Hasan Through Her Constituted Attorney Sh. Syed Mehdi Hus ...

Court : Supreme Court of India

..... of india, the terms of which were identical to the rampur merger agreement. agricultural income in the state of orissa was subjected to 2 (1961) 1 scr77912 taxation under the provisions of the orissa agricultural income tax act, 1947. the ruler of sonepur filed a petition and contended that as ruler of the ..... has been led in this regard. 41 (6) the defendant no.1/2 and defendant no.1/3 shall render accounts in respect of the incomes, profits, usufructs and benefits inherited by them or enjoyed by deceased defendant no.1 and deceased defendant no.1/1. these shall be adjusted while ..... decided the dholpur case, dealing with this contention, held as follows:28. 178. what is said in that case is that the president while acting under article 366(22) is exercising his executive jurisdiction and that jurisdiction was described as political power . that expression may be inappropriate but that is ..... raza ali khan would devolve on his eldest son by applying the rule of primogeniture or would be governed by muslim personal law (shariat) application act, 1937 and devolve on all his legal heirs. 10 13. mr. sudhir chandra, learned senior counsel appearing on behalf of the original plaintiff submits ..... plan in this regard was published on 03.06.1947 which envisaged the formation of two countries, india and pakistan. as per the indian independence act, 1947 two independent dominions india and pakistan were created. the ruling princes had the right to decide to which dominion, india or pakistan, they .....

Tag this Judgment!

Jul 30 2019 (HC)

The Pr. Commissioner of Income Tax -9 vs.transcend Mt Services Pvt. Lt ...

Court : Delhi

..... the peculiar facts of the case where wrong name was given in the notice on account of merely a clerical error which could be corrected under section 292b of the income tax act.9. learned counsel for the assessee appearing on advance notice has placed before this court the recent judgment dated 25th july, 2019 of the supreme court of india in principal ..... the ay in question on 31st october 2007. the return was picked up for scrutiny under section 143 of ita2632019 page 1 of 7 the income tax act, 1961 ( act ). as the assessee had entered into international transactions with its aes, the assessing officer (ao) referred the matter to the transfer pricing officer (tpo) for determination of their arm s ..... (tp) adjustment, the assessee s claim for deduction under section 10a of the act was rejected.4. the assessee s appeal was allowed by the commissioner of income tax (appeals) [ cit (a) ]. on the issue of deduction under section 10a of the act. on the issue of the tp adjustment, the cit (a) directed inclusion of 4 comparables from the final set of comparables and directed ..... the tpo to calculate the alp accordingly.5. aggrieved by the order of the cit (a), the revenue filed an appeal .....

Tag this Judgment!

Jul 30 2019 (SC)

G. J. Raja Vs. Tejraj Surana

Court : Supreme Court of India

..... insertion of said section 143a. 8 15. while considering general principles concerning retrospectivity of legislation in the context of section 158-be inserted in the income tax act, 1961, it was observed by this court in commissioner of income tax (central)-i, new delhi vs. vatika township private limited1 as under:- 28. of the various rules guiding how a legislation has to be interpreted, ..... surana on account of insufficiency of funds. the complaint was lodged on 04.11.2016. 2 4. with effect from 01.09.2018, section 143a was inserted in the act by amendment act 20 of 2018. said section is to the following effect:- 143a. power to direct interim compensation. (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 ..... the court. from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows: (i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly ..... terrorist 1(2015) 1 scc12 (1870) lr6qb1criminal appeal no.1160 of 2019 @ slp(crl.)no.3342 of 2019 g.j.raja vs. tejraj surana 9 and disruptive activities (prevention) act, 1987, whereunder the period for filing challan or charge-sheet could get extended, this court considered the issue about the retrospective operation of the concerned provisions in hitendra vishnu thakur .....

Tag this Judgment!

Jul 29 2019 (HC)

Bently Nevada Llc vs.income Tax Officer, Ward-1(1) (2), International ...

Court : Delhi

..... s. muralidhar, j.:1. the challenge in this petition is to a lower withholding certificate? issued by the income tax officer-ward-i (1) (2), international taxation, new delhi (respondent no.1) under section 197 of the income tax act, 1961 ( act?) directing deduction of tax at source (tds) @ 5% from the payments made to the... petitioner by its indian customers.2. the... ..... consideration the following: (i) tax payable on estimated income of the previous year relevant to the (ii) assessment year; tax payable on the assessed or returned 2or estimated income, as the case may be, of last four previous years; (iii) existing liability under the income-tax act, 1961 and wealth- tax act, 1957; advance tax payment tax deducted at source and tax collected at source for the ..... in the instant case, on the dictation of an officer superior to the ao.30. in tata teleservices (maharashtra) ltd v. deputy commissioner of income-tax (tds) (supra) the bombay high court held as under: section 197 of the act permits/allows an assessee to make an application to the assessing officer, that in its case, the deduction of ..... petitioner states that it has been regularly obtaining lower withholding certificates under section 197 of the act from the department whereby the... petitioner was permitted to receive remittances from its customers after deduction of tax @ 1.5% of the sum remitted.5. the income tax appellate tribunal ( itat?) rejected the... petitioner?s appeals and upheld the assessment order for the .....

Tag this Judgment!

Jul 29 2019 (HC)

Surendra Kumar Jain vs.principal Commissioner of Income Tax (Central)- ...

Court : Delhi

..... . 2. the short point involved in the present petition is whether the assessing officer (ao) could have proceeded to finalise the reassessment pursuant to notices issued under sectionof the income tax act, 1961 (the act?) without the procedure laid down by the supreme court in gkn driveshafts (india) ltd. v. ito (2003) 259 itr19(sc) being complied with?.3. this court has ..... of the assessment but has proceeded to the stage of passing the reassessment order itself.6. in almost an identical fact situation in smt. kamlesh sharma v. b.l. meena, income-tax officer (supra), where the ao did not pass any speaking order but straightaway passed an assessment order, and simultaneously rejected the contention of the... petitioner, this court observed: 3. ..... order has been passed. reliance has been placed on various judgments of this court, including the judgment passed in the case of smt. kamlesh sharma v. b.l. meena, income-tax officer and others, reported at [2006]. 287 itr337del}. notice to show cause as to why the petition be not admitted. notice in the stay application as well. counsel for ..... at new delhi w.p.(c) 593/2019 & cm no.2670/2019 surendra kumar jain ........ petitioner through: mr. piyush kaushik and mr. s.p. versus singh, advocates principal commissioner of income tax (central)-iii, new delhi & anr. ........ respondents through: ms. vibhooti malhotra, senior standing counsel coram: justice s.muralidhar justice talwant singh order2907.2019 $~43 * + % dr. s. muralidhar, j.:1. .....

Tag this Judgment!

Jul 29 2019 (SC)

Krishna Kumar Rawat Vs. Union of India

Court : Supreme Court of India

..... case, we find no merit in these appeals.22. at the outset, it is apposite to mention that the constitutional validity of chapter xx c inserted in the income tax act, 1961 by the finance act, 1986 of which section 269 ue(1) is its part was challenged in this court in the case of c.b gautam vs union of india and others ..... possession of the suit land.7. the appellants then furnished the information about the purchase of the suit land in accordance with the requirements of section 269uc of the income tax act, 1961 (hereinafter referred to as the act ) to the appropriate authority in form no.37 and submitted the copy of the agreement dated 11.11.1993.8. the valuation officer of the ..... the writ petition, we find from its perusal that it was passed by the authority, which is constituted under section 269 ub of the act. this consisted of three members, who are senior officials of the income tax department. the order runs into 16 pages and deals with all the issues on facts and law raised in the show cause notice and its ..... their information. the order also directed that in terms of section 269ue (1) of the act, the suit land stood vested in the central government with effect from 30.03.1994. the appellants were directed to deliver possession of the suit land to shri rs sagar, dvo, income tax department, jaipur who, in turn, wrote to the appellants to intimate the time and .....

Tag this Judgment!

Jul 25 2019 (SC)

Pr. Commissioner of Income Tax Vs. Maruti Suzuki India Limited

Court : Supreme Court of India

..... the peculiar facts of this case, we are convinced that wrong name given in the notice was merely a clerical error which could be corrected under section 292b of the income tax act. the special leave petition is dismissed. pending applications stand disposed of. now, it is evident from the above extract that it was in the peculiar facts of the case that ..... delhi v maruti suzuki india limited (successor of spil)5 ( maruti suzuki ) . holding that no question of law arose, the high court dismissed the appeal under section 260a of the income tax act 19616. 2 3 the revenue is in appeal. against the decision of the high court for ay201112, a special leave petition7 was dismissed by a two judge bench of this ..... in spice enfotainment on the one hand and skylight hospitality llp on the other hand. it is of relevance to refer to section 292b of the income tax act which reads as follows: 292b. no return of income, assessment, notice, summons or other proceeding, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in ..... skylight hospitality pvt. ltd. (which had ceased to exist 33 special leave petition (c) no.7409 of 2018 34 sky light hospitality llp v assistant commissioner of income tax : (2018) 405 itr296(delhi) 35 llp act 2008 23 upon conversion into an llp), there was, as the delhi high court held substantial and affirmative material and evidence on record to show that the .....

Tag this Judgment!

Jul 25 2019 (SC)

Prashanti Medical Services and Research Foundation Vs. Union of India

Court : Supreme Court of India

..... the appellant's hospital began in the year 2014 (05.05.2014).6. on 27.09.2014, the appellant filed an application under section 35ac of the income tax act, 1961 (hereinafter referred to as "the act) to the national committee for promotion of social and economic welfare, department of revenue, north 2 block, new delhi (hereinafter referred to as the committee") for grant ..... s.l. srinivasa jute twine mills (p) ltd. vs. union of india & anr., (2006) 2 scc740 sangam spinners 9 vs. regional provident fund commissioner i, (2008) 1 scc391and commissioner of income tax(central) i, new delhi vs. vatika township pvt. ltd., (2015) 1 scc1 16. in reply, learned counsel for the respondent (revenue) supported the reasoning and the conclusion arrived at by ..... such company or authority or association or institution, as the case may be, for the previous year in which such approval or notification is withdrawn and tax shall be charged on such income at the maximum marginal rate in force for that year. (7) no deduction under this section shall be allowed in respect of any assessment year 15 commencing on or ..... their donating the amount to the appellant 17 for their project, they were denied the benefit of claiming deduction of such amount from their total income by virtue of sub section (7) of section 35ac of the act during the financial year 2017 2018.23. it is not in dispute that the benefit of the deduction available under section 35ac of the .....

Tag this Judgment!

Jul 24 2019 (HC)

Rajiv Bhatnagar vs.the Disciplinary Directorate of the Institute of Ch ...

Court : Delhi

..... said rules. the disciplinary committee noted that respondent no.3 had signed form 10b which is required under section 12a(b) of the income tax act, 1961 and had not conducted the tax audit or statutory audit . w.p.(c) 9317/2014 page 7 of 13 insofar as the allegation that the petitioner had not ..... this was required for the trust to claim benefit of section 12a(b) w.p.(c) 9317/2014 page 11 of 13 of the income tax act, 1961.32. in view of the above, this court is unable to accept that the decision of the disciplinary committee of icai is ..... the profession. such proceedings cannot be viewed with the prism of a private lis between the complainant and the chartered accountant. the complainant, essentially, acts as a realtor that provides information to the icai regarding misconduct. this is also the rationale for not providing a remedy of an appeal to a ..... prima facie opinion 15. that respondent no.3 was guilty of professional and/or other misconduct falling within the meaning of second schedule to the icai act. the same was considered by the disciplinary committee of icai and it had decided to proceed further under chartered accountants (procedure of investigation of professional ..... no.3 to be guilty of professional misconduct falling within clause (8) of part i of the first schedule to the chartered accountants act, 1949 (hereafter the icai act ); however, the disciplinary committee had absolved respondent no.3 of the charges of professional misconduct falling within clauses 7 and 9 of part .....

Tag this Judgment!


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