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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 2 of about 263,973 results (0.413 seconds)

Sep 16 2019 (SC)

The State of Odisha Vs. Anup Kumar Senapati

Court : Supreme Court of India

..... offence under section 52 of the income tax act, 1922 continued even after its repeal. in commissioner of income tax, u.p. v. shah ..... sadiq and sons, (1987) 3 scc516 p.524: air1986sc1217 section 6 of the general clauses act was again applied to continue the right of set ..... 398. but see tiwari kanhaiyalal v. commissioner of income tax, air1975sc902: (1975) 4 scc401 which holds that the detailed savings contained in section 297, of the income tax act, 1961 are not exhaustive. recourse, in this case, was taken to section 6, general clauses act for holding that a person's liability for an ..... off accrued under section 24(2) of the 1922 act after its repeal by the 1961 act. [note: ..... only be eligible for consideration for block grant for being notified as aided educational institutions under clause (b) of section 3 of the act, namely: (1) higher secondary schools or junior colleges recognised by government and affiliated to the council imparting instructions and presenting regular candidates for .....

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Sep 12 2019 (SC)

M/S Shree Vishal Printers Ltd. Etc. Etc. Vs. Regional Provident Fund C ...

Court : Supreme Court of India

..... raj s continental export (supra), dharamsi morarji was followed since the two entities had separate registration under the factories act, 1948, central sales tax act, 1956, income tax act, 1961, employees state insurance act, 1948 separate balance sheets and audited statements and separate employees working under them.19. as against that in rajasthan ..... . the accounts of the two entities were maintained by the same set of clerks. separate registration under the factories act, the sales tax act and the esi act were held to be of no relevance and the two units were held to be one establishment for the purpose of the provident ..... upon for this purpose is in l.n. gadodia & sons and anr. v. regional provident fund commissioner4. this case dealt with the said act and the question which arose was whether two sister concerns, having different dates of incorporation, could be treated as two separate establishments. the judgments in ..... appeals are concerned with this exemption provision as the three establishments in question claimed exemption in respect of application of this provision of the said act.4. the three appeals filed before us are by three limited companies (two separate legal entities and one, an establishment of the parent company ..... funds act. 11. now turning to the facts of the cases before us, we may note at the inception itself, .....

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Aug 29 2019 (HC)

Sri. Sachin Narayan Vs. The Income Tax Department

Court : Karnataka

..... its statement of objections filed vide paragraph 4. for immediate reference said plea raised by ed is extracted herein below: the averments regarding the initiation of the proceedings under the income tax act have been answered by the first respondent. this respondent adopts the same as they are part of 26 for the offences under record. the averments in the petition that this ..... the r-2 dated:13.06.2018 and cognizance taken by the special court for economic order dated:18.6.2018 of the offences punishable u/s.277 and278of the income tax act, 1961 and193 199, and120 of ipc produced as annexure-h in w.p.no.6210/2019:between : sri. d.k. shivakumar s/o d.k. kempegowda aged about57years r/at ..... fill the vacancy, enters upon his office; (i) the appellant before the appellate tribunal may be authorized to engage any authorized representative as defined under section 288 of the income-tax act, 1961, (j) the punishment for vexatious search and for false information may be enhanced months imprisonment to two years imprisonment, or fine of rupees ten thousand to fine of rupees ..... therein and the authority for granting such sanction being under challenge, has to be necessarily confined to the 53 proceedings arising out of the income tax act, 1961. said order of interim stay of further proceedings arising out of it act cannot take within its sweep proceedings initiated or to be initiated under different enactments by different authorities. though in the statement of objections filed .....

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Aug 29 2019 (SC)

Vithaldas Jagannath Khatri (D) Through Smt. Shakuntala Alias Sushmi V ...

Court : Supreme Court of India

..... . retain to the (emphasis supplied) 47 58. in kalwa devadattam and others v. the union of india and others12, the matter arose under sections 25a, 67 and 30 of the income tax act, 1922. one of the questions which arose was whether the partition involved in the said case was sham. the high court relied upon the circumstances to find out that the ..... property allotted to the share of nagappa was in reality not worth the amount shown. it was found that the intention of nagappa was to make it appear to the income tax department that no useful purpose will be served by taking steps. in the course, the court proceeded to hold, inter alia, as follows: 14. the deed of partition was 12 ..... law. it will presume that the legislature was aware of the decisions rendered by the courts on points of law.57. in sree meenakshi mills ltd., madurai v. commissioner of income tax, madras11, this court had occasion to consider what the word benami has come to denote: 30. now, the assumption underlying this argument is that the tribunal had 11 air1957sc4946 found ..... legal fiction is to be ascertained from the 5 (1955) 2 scr6036 air1963sc14487 (1985) 4 scc18 (2005) 3 scc68521 plain language of the provisions that creates it (see commissioner of income-tax, delhi v. s. teja singh9).28. irrespective of how beneficial the object of the statute may be, the deeming fiction cannot be extended beyond the purpose of creating the fiction .....

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Aug 27 2019 (SC)

Commissioner of Income Tax Karnal Vs. M/S Carpet india.panipat(haryana ...

Court : Supreme Court of India

..... case, supporting manufacturer who receives export incentives in the form of duty draw back (ddb), duty entitlement pass book (depb) etc. is entitled for deduction under section 80hhc of the income tax act, 1961?. 6) we agree with the reasoning and analysis of the referring judgment, namely, that baby marine exports (supra) dealt with an issue related to the eligibility of export house ..... was whether the export house premium received by the assessee is includible in the profits of the business of the assessee while computing the deduction under section 80hhc of the income tax act, 1961?. . the said case mainly dealt with the issue related with the eligibility of export house premium for inclusion in the business profit for the purpose of deduction under section ..... conclusion that the supporting manufacturer is at par with the actual direct exporter of goods when it comes to deductions that are available under section 80hhc of the income tax act, 1961 (in short the act ).2) it is unnecessary to go into the facts of each of these cases as it is undisputed that the assessee in each of these cases is ..... of export benefits disclaimed in favour of a supporting manufacturer (assessee herein) have to be reduced in terms of explanation (baa) of section 80hhc of the income tax act, 1961, while computing deduction admissible to such supporting manufacturer under section 80hhc (3a) of the act?. 4. this question has been answered in favour of the assessee and against the department in the case of .....

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Aug 21 2019 (SC)

Union of India Vs. Nisar Pallathukadavil Aliyar

Court : Supreme Court of India

..... an advance slp(criminal)no.7016 of 2019 etc. etc. union of india vs. nisar pallathukadavil aliyar 19 ruling pronounced by the authority for advance rulings (income tax) constituted under chapter xix-b of the income tax act, 1961 could be challenged under articles 226 and 227 of the constitution before the high court or under article 136 of the constitution before this court. reliance ..... upon decisions of this court in bharat bank ltd., delhi vs. employees of the bharat bank ltd., delhi 5 and in columbia sportswear company vs. director of income tax, bangalore6.8. section 8 of the cofeposa act is as under:- 8. advisory board.-. for the purposes of sub-clause (a) of clause (4), and sub-clause (c) of clause (7), of article ..... following effect:- as section 245-s expressly makes the advance ruling binding on the applicant, in respect of the transaction and on the commissioner and the income tax authorities subordinate to him, the authority is a body acting in judicial capacity. h.m. seervai in his book constitutional law of india (4th edn.) while discussing the tests for identifying judicial functions in para ..... of reasonable doubt. the detention is based on the subjective satisfaction of the detaining authority that it is necessary to detain a particular person in order to prevent him from acting in a manner prejudicial to certain stated objects. the proceeding of the advisory board has therefore to be structured differently from the proceeding of judicial or quasi-judicial tribunals, .....

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Aug 21 2019 (SC)

Durgabai Deshmukh Memorial Senior Sec. School Vs. j.a.j. Vasu Sena

Court : Supreme Court of India

..... bank ltd.,28 a three judge bench of this court, interpreting the meaning of the proviso to section 24 of the indian income tax act 1922 held thus: ?the territory of a proviso therefore is to carve out an exception to the main enactment and exclude something ..... of probation and the probationer is continued beyond the expiry of the probationary period, the substantive appointment of the probationer is subject to a specific act on the part of the appointing authority of issuing an order of confirmation. in the absence of an order of confirmation, the first respondent ..... . the proviso provided that the statement may be used to ?contradict? the witness ?in the manner provided by section 145 of the indian evidence act, 1872.? the court rejected the argument that the proviso could be read isolated from the principal provision to confer a right of cross-examination other ..... words ?having jurisdiction? read with the pecuniary jurisdiction of the bombay city civil court as contained in section 3 of the bombay city civil court act 1948 required that where the liability sought to be enforced was above inr50000 the petition by the appellant was maintainable in the high court alone. ..... appellant sought to proceed against the sureties upon the failure of the respondent to repay a loan. section 31(1) of the state financial corporations act 1951 stipulated that a suit may be instituted before the district judge within whose jurisdiction the concern carries on business. section 32(11) stipulated that .....

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Aug 20 2019 (SC)

Shakeena . Vs. Bank of India and Ors.

Court : Supreme Court of India

..... 2006. for this, reliance has been placed on the dictum in b. arvind kumar (supra). additionally, reliance is placed upon the provisions of rule 65 of schedule ii of income tax act, 1961 as applicable at the relevant time. lastly, it is contended that the appellants have failed to avail alternative efficacious remedy against the order dated 10th january, 2006 passed by ..... be granted to the appellants, assuming that the appellants are right in contending that as per the applicable provision at the relevant time (unamended section 13(8) of the 2002 act), they could have exercised their right of redemption until the registration of the sale certificate which, indisputably, has already happened on 18th september, 2007. therefore, it is not ..... of the high court allowed the appeals filed by respondent no.3 and dismissed the writ petitions filed by the appellants.17. the appellants would contend that as per 2002 act and rules framed thereunder, the right of the mortgagor to redeem the mortgage gets extinguished only upon registration of the sale certificate, resulting in transfer of the auctioned property ..... for setting aside of notice issued by the respondent bank in exercise of powers under the securitisation and reconstruction of 2 financial assets and enforcement of security interest act, 2002 (for short, 2002 act ) dated 14th november, 2005 and the consequent public notice dated 15th november, 2005 for sale of the subject property, the public auction conducted in furtherance thereof .....

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Aug 13 2019 (SC)

The Principal Commissioner of Income Tax 4 Mumbai Vs. M/S s.g. Asia H ...

Court : Supreme Court of India

..... .4. instruction no.3/2003 dated 20.05.2003 which weighed with the tribunal and the high court, is as under:- instruction no.3/2003 section92of the income tax act, 1961 transfer pricing computation of income from international transaction having regard to arm s length price under section92 guidelines to transfer pricing officers and assessing officers to operationalise pricing provisions and to have procedural ..... in the determination of arm s length price in identical or substantially identical cases. these instructions are under section 119 of the income-tax act. civil appeal no.6144 of 2019 @ slp(c)no.12126 of 2019 the principal commissioner of income tax-4, mumbai vs. m/s. s.g. asia holding (i) pvt. ltd. 9 register of record to be maintained by transfer pricing ..... was found to be at a lower rate as compared to the prevalent rates in market. the assessing officer, therefore, while computing the assessment under section 143(3) of the income tax act, 1961 ( the act , for short), by his order dated 27.12.2007 made an addition of rs.2,89,82,746/- under section 92 of the ..... , dated april, 2003 in exercise of the power conferred by sub-section (1) and sub-section (2) of section 120 of the income-tax act, 1961, the central board of direct taxes hereby directs that the transfer pricing officers mentioned in column 2 having their headquarters mentioned in column 3 shall exercise such powers and perform such function of transfer pricing officers .....

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Aug 13 2019 (SC)

Commissioner of Income Tax Vs. Laxman Das Khandelwal

Court : Supreme Court of India

..... service of notice on the assessee under section 143(2) within the prescribed period of time is a prerequisite for framing the block assessment under chapter xiv-b of the income tax act, 1961?. 27. the case of the revenue is that the expression so far as may be, apply indicates that it is not expected to follow the provisions of section 142 ..... the undisputed findings arrived at by the commissioner of income tax (appeals), the additions made under section 68 of the income tax act, 1961 should be deleted or set aside?. 4. the high court, disagreeing with the tribunal, held, that the provisions of section 142 and sub- sections ..... ), the issue that arose before the high court was the effect of absence of notice under section 143(2) of the income tax act, 1961 ( the act , for short). the respondent-assessee relied upon the decision of this court in assistant commissioner of income tax and another vs. hotel blue moon2. on the other hand, reliance was placed by the appellant on the provisions of section ..... : (1) whether on the facts and in circumstances of the case the issuance of notice under section 143(3) of the income tax act, 1961 within the prescribed time- limit for the purpose of making the assessment under section 143(3) of the income tax act, 1961 is mandatory?. and (2) whether, on the facts and in the circumstances of the case and in view of .....

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