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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 8 of about 267,813 results (0.634 seconds)

Jul 02 2018 (SC)

M/S New Okhla Industrial Development Authority Vs. Commissioner Income ...

Court : Supreme Court of India

..... lease premium annually as per the terms and conditions of the lease deed. notice under section 201/201(a) of the income tax act, 1961 was issued by the income tax department inquiring regarding non deduction of tax at source under section 194 i of the income tax act from the annual lease rent paid to greater noida. the respondent company replied the notices. the respondents case was that ..... the records. 11 11. insofar as the appeals filed by noida/greater noida are concerned, the principal submission raised by the appellant is applicability of section 10(20) of the income tax act. learned counsel for the noida has submitted that the said issue has already been addressed in detail in civil appeal no.792 793 of 2014. by our judgment of the ..... .10.2016 wherein it has been clarified that provision of section 194 i of the income tax act, 1961 on lump sum lease premium paid for acquisition of long term lands is not applicable.7. it is further submitted that the question as to whether noida/greater noida ..... said notification both greater noida and noida are municipalities and are covered by the local authorities as explained under the explanation to section 10(20) of the income tax act. it is further contended that interest income of the authorities is exempted under the notification issued under section 194a(3)(iii)(f). further reliance has been placed on circular no.35/2016 dated 13 .....

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Jul 02 2018 (SC)

Common Cause (A Regd. Society) Vs. Union of India .

Court : Supreme Court of India

..... sanction from the commissioners of income tax concerned (sec. 279 of the income tax act). the answering respondent further submitted that these are quasi judicial functions to be exercised by the empowered officers and the cbdt only provides necessary guidance ..... the matter was to be decided as per law the assessing officer came to the conclusion that there was no case for addition and passed an order under the income tax act with the approval of the additional commissioner. in a meeting held on 22.3.2014, dcit (assessing officer), the additional commissioner and chief commissioner apprised respondent no. ..... a direction to the assessing officer to dispose of the case in a particular manner which could not have been done in view of section 119 of the income tax act and judgment of this court. the cbdt had no jurisdiction to instruct the assessing officer to dispose of a case in a particular manner.74. on behalf ..... foreign jurisdictions, local inquiries which took considerable time and ultimately all the assessments have been completed by the assessing officers concerned within the statutory time allowed under the income tax act. after that, the assessing officers started initiating prosecution proceedings in appropriate cases. prosecution proceedings are to be initiated by assessing officers concerned across the country with necessary .....

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Jul 02 2018 (SC)

New Okhla Industrial Development Authority Vs. Chief Commissioner of I ...

Court : Supreme Court of India

..... challenged the division bench judgment of allahabad high court dated 28.02.2011 dismissing the writ petition filled by the appellant challenging the notices issued by the income tax authority under section 142 of the income tax act, 1961 as well as the judgment dated 04.11.2011 rejecting the review application.2. the facts giving rise to these appeals are: the appellant-new okhla ..... following in paragraph 13: 13. applying the above test to the facts of the present case it is clear that the benefit, conferred by section 10(20-a) of the income tax act, 1961 on the assessee herein, has been expressly taken away. moreover, the explanation added to section 10(20) 44 enumerates the local authorities which do not cover the assessee herein ..... held in paragraph 13: 13. applying the above test to the facts of the present case it is clear that the benefit, conferred by section 10(20-a) of the income tax act, 1961 on the assessee herein, has been expressly taken away. moreover, the explanation added to section 10(20) enumerates the local authorities which do not cover the assessee herein. therefore ..... . the appellant challenging the said notices filed writ petition contending that appellant is a local authority, hence, is exempted from payment of income tax under section 10(20) and section 10(20a) of income tax act, 1961 (hereinafter referred to as i.t.act, 1961). the writ petition was allowed by the division bench of the allahabad high court on 14.02.2000 holding that the .....

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Jul 02 2018 (SC)

Commissioner of Income Tax (Tds), Kanpur Vs. Canara Bank

Court : Supreme Court of India

..... .170 (f.no.12/164/68 itcc/itj).]., dated 22.10.1970 in pursuance of sub clause(f) of clause (iii) of sub section (3) of section 194a of the income tax act, 1961 (43 of 1961), the central government hereby notify the following for the purposes of the said sub clause: (i)any corporation established by a central, state or provincial ..... ten lakhs as interest to authority in form of fds/deposits for the financial year 2005 06. the canara bank, however, did not deduct tax at source under section 194a of the income tax act, 1961 hereinafter referred to as it act, 1961 .4. notices were issued by the appellant to canara bank asking for information pertaining to interest paid to the authority on its deposits ..... indicate that for purposes of claiming exemption the corporation has to be established by a central, state or provincial act. the corporations established under an act fall in a different category and are not entitled for exemption. he has submitted that cit appeals, income tax tribunal as well as high court erred in not correctly construing the notification dated 22.10.1970 and had wrongly ..... . notices were also issued by the appellant to the bank for showing cause for not deducting tax at source. a writ petition had been filed by .....

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Jun 26 2018 (HC)

M/S Indigra Exports Pvt. Ltd. Vs. Deputy Commissioner of Income Tax

Court : Karnataka

..... parameters of sections 100 and 103 of the civil procedure code as pari materia and various apex court decisions have been discussed for interpreting the provisions of section 260-a of the income tax act, 1961, the two provisions being pari materia. date of judgment 26-06-2018 i.t.a.no.235/2016 m/s. indigra exports pvt. ltd., vs. deputy commissioner of ..... respondent date of judgment 26-06-2018 i.t.a.no.235/2016 m/s. indigra exports pvt. ltd., vs. deputy commissioner of income-tax 2/24 this i.t.a. is filed under section 260-a of income tax act 1961, praying to 1. formulate the substantial questions of law stated above.2. allow the appeal and set aside the impugned order (so far ..... and quick judicial dispensation in such cases. had it been a case of substantial question of interpretation of provisions of double taxation avoidance treaties (dtaa), interpretation of provisions of the income tax act or overriding effect of the treaties over the domestic legislations or the questions like treaty shopping, base erosion and profit shifting (beps), transfer of shares in ..... limited, bangalore has filed the present appeal under section 260-a of the income tax act, 1961 against the respondent deputy commissioner of income tax, bangalore purportedly raising the following purported substantial questions of law for our consideration under section 260-a of the act arising from the order of the learned income tax appellate date of judgment 26-06-2018 i.t.a.no.235/2016 m .....

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Jun 26 2018 (HC)

Shri M a Zahid Vs. Assistant Commissioner of Income Tax (Osd)

Court : Karnataka

..... of the certificate may be stayed if the appellate authority so directs, but not otherwise.17. in the wake of the above provisions of the income tax act and the rules contained in the second schedule thereof, i do not find any justifiable reason to hold that the petitioner has a genuine reason ..... petitioner are akin to the proceedings for execution of decree under order xxi rule 37 of cpc. rule 4 of the second schedule of the income tax act provides for the various modes of recovery. as per the said provision, if the amount mentioned in the notice is not paid within the time ..... schedule of the criminal procedure code undoubtedly renders the offence non-bailable in nature and therefore, the notice issued under rule 73 of the second schedule of income tax act has to be construed to have been issued in respect of the commission of a non- bailable offence. by the said notice, the respondent ..... same grounds urged by them in the petition and in the objection statement submitted before the court with reference to the relevant provisions of the income tax act and the code of criminal procedure. both the learned counsel submit that they have not come across any precedent on the question of the jurisdiction ..... , john michael cunha. j, made the following:- order whether a person issued with a notice under rule 73 of the second schedule of the income tax act 1961 is entitled to invoke section 438 of cr.p.c. is the question that arises for consideration in this petition. the contextual background giving .....

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Jun 25 2018 (HC)

The Pr. Commissioner of Income-Tax, Cit (A) Vs. M/S Acer India Pvt. Lt ...

Court : Karnataka

..... ankur pai, adv. for respondent assessee. the revenue has filed this appeal u/s 260-a of the income tax act, 1961 ['act' for short]. raising purported substantial questions of law arising from the order of the income tax appellate tribunal ['tribunal for short]. dated 29.11.2016 in it [tp]. a.no.1561/bang/2014 for ..... if they remained unutilized at the end of the period prescribed in the date of judgment 25-06-2018, ita no.431/2017 the pr. commissioner of income-tax cit[a]. & another vs. m/s. acer india pvt. ltd. 25/27 warranty. therefore, the company should scrutinize the historical trend of warranty provisions ..... valve actuators in large numbers. the statistical data indicates that every year date of judgment 25-06-2018, ita no.431/2017 the pr. commissioner of income-tax cit[a]. & another vs. m/s. acer india pvt. ltd. 22/27 some of these manufactured actuators are found to be defective. the statistical ..... final fact findings of the tribunal under the act are binding on this court and cannot be disturbed unless they are found to be perverse on the basis of established material on record. date of judgment 25-06-2018, ita no.431/2017 the pr. commissioner of income-tax cit[a]. & another vs. m/s. ..... a.y. 2009-10 in dy.commissioner of income tax, circle 1(1)(1), bangalore v- m/s acer india pvt. .....

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Jun 25 2018 (HC)

Pr Commissioner Of Vs. M/S Softbrands India

Court : Karnataka

..... the learned counsel for the respondent assessee before us by making a disjuncted reading of clause (a) and clause (b) of sub- section (6) of section 260-a of the income tax act, 1961 to submit that the high court can touch upon the issues of facts also in an appeal under this provision bereft of substantial question of law, is a misconceived ..... to address their arguments on the same. the extended power given to the high courts to decide even an issue under sub- section (6) of section 260-a of the income tax act, which is in pari materia with section 103 of the civil procedure code and which says that the high courts may determine any issue which (a)has not been determined by the ..... and as discussed in various judgments of the constitutional courts, which we will refer in brief herein below, it is clear that the scheme of both section 260-a in income tax act, 1961 and section 100 r/w. section 103 of the code of civil procedure are in pari materia and in same terms.21. the existence of a substantial question of ..... p. ltd., prestige obelisk, level-9 kasturba road bangalore-560001 pan:aafcs9041k. (by mr. chythanya k.k. advocate) respondent this i.t.a. is filed under section 260-a of income tax act 1961, praying to 1. decide the foregoing question of law and/or such other questions of law as may be formulated by the hon ble court as deemed fit and .....

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Jun 25 2018 (HC)

Gopal S. Pandit Vs. The Commissioner of Income Tax

Court : Karnataka

..... . for respondents revenue the assessee gopal s. pandit, proprietor - pandit developers, mangalore, has filed this appeal under section 260-a of the income tax act, 1961 ['act' for short]., raising the purported substantial questions of law arising from the order of learned income tax appellate tribunal, bangalore bench b , dated 27.07.2016 for the assessment years 2005-06 to 2009-10.2. the learned counsel ..... of hearing to the assessee and all objections on merits were considered by him. merely because, section 153d of the act requires a prior date of judgment 25-06-2018, ita no.34/2017 gopal s. pandit vs the commissioner of income tax & another . 9/16 approval of the draft assessment order by the higher authority, namely, the joint commissioner in the present ..... exceeding two years, therefore the assessee was not entitled to the benefit of deduction u/s. 54b of the act. for this reason also, the date of judgment 25-06-2018, ita no.34/2017 gopal s. pandit vs the commissioner of income tax & another . 11/16 said finding of fact which is upheld by the two appellate authorities as well, we are ..... judgment 25-06-2018, ita no.34/2017 gopal s. pandit vs the commissioner of income tax & another . 4/16 authority in the present case, namely, deputy commissioner of income tax, central circle, mangalore on 27.12.2010 u/s. 153a read with section 143(3) of the act for the block period of 2005-06 to 2009-10 in pursuance of search carried out .....

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Jun 21 2018 (HC)

The Pr. Commissioner of Income Tax Cit(A) Vs. M/S Deccan Mining Syndic ...

Court : Karnataka

..... mr. k.v.aravind, adv. for appellants - revenue this appeal has been filed by the revenue under section 260-a of the income tax act, 1961 ['act' for short]., raising certain alleged substantial questions of law arising from the order of the learned income tax appellate tribunal dated 29.12.2016 passed in i.t.a.nos.782 to 785/bang/2014 in deputy commissioner of ..... . the ao, in our view, has recorded a categorical finding that he was satisfied that the assessee had concealed true particulars of income and is liable for penalty proceedings under section 271 read with section 274 of the income tax act, 1961.10. the ao has to satisfy whether the penalty proceedings be initiated or not during the course of the assessment proceedings and ..... learned tribunal found that there was no concealment on the part of the assessee, attracting penalty under section 271[1].[c]. of the act. date of judgment 21-06-2018, ita no.501/2017 the pr. commissioner of income tax cit(a) & another vs. m/s deccan mining syndicate pvt. ltd. 13/18 the judgment relied upon by the learned 5. counsel for the ..... tribunal and consequentially setting aside the date of judgment 21-06-2018, ita no.501/2017 the pr. commissioner of income tax cit(a) & another vs. m/s deccan mining syndicate pvt. ltd. 18/18 penalty under section 271[1].[c]. of the act, does not give rise to any substantial question of law requiring the consideration by this court under section 260-a .....

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