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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 9 of about 263,910 results (0.426 seconds)

Sep 06 2017 (HC)

The Peerless General Finance and Investment Vs. Commissioner of Income ...

Court : Kolkata

..... .adv.mr.somak basu, adv.for the petitioner. md.nizamuddin, adv.mr.siddhartha lahiri, adv.for the respondents. the court :- the petitioner assails a notice under section 148 of the income tax act, 1961 proposing to reopen the assessment year 1999-2000. the reasons for such reopening is also under challenge. the final order dated september 22, 2009 negating the objections raised by ..... income tax act, 1961. in the present case, the department has not served any notice under section 143(2) of the income tax act, 1961 upon the petitioner. the petitioner is not aware of an order of reassessment. in such circumstances, he submits that the ..... the impugned order notices calcutta discount co.ltd.(supra) it does not apply the ratio laid down therein correctly. he contends that, a notice under section 143(2) of the income tax act, 1961 is mandatory for the assessing officer to pass an order of assessment, even after invoking the provisions of section 148 read with section 147 of the ..... of such stand of the petitioner. he relies upon 268 itr332(hindustan lever ltd.versus assistant commissioner of income-tax and ors.) and 237 itr668(garden silk mills pvt.ltd.versus deputy commissioner of inocme-tax) in support of the contention that, section 148 of the income-tax act, 1961 does not confer jurisdiction on change of opinion on the interpretation of a particular provision or .....

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Sep 05 2017 (HC)

Sesa International Limited Vs. Avani Projects and Infrastructure Limit ...

Court : Kolkata

..... property. the word transfer has been defined under section 2(47) of the income tax act, 1961. transfer includes sale, exchange etc.this application in the name of the defendant no.2 has really been engineered by the defendant no ..... space in service apartment at the rate of rs.10,000 per sq. ft. between plaintiff and defendant nos.1 and 2. under the income tax act, 1961, 1% deduction is required only in case of sale/transfer of property and in case of amount paid for transfer of the immovable ..... mandatory deduction on tds of rs.21 crores as per section 194 ia effective from 1st june, 2013 read with section 2(47) of the income tax act has been admittedly ignored. mr.kapoor submits that between december, 2014 and march, 2015, the defendant no.1 made alleged repayments in driblets of ..... prasad agarwalla v. tarkerhwar prasad, (2001) 5 scc568. however, injunction. there is a distinction between the attachment and according to dictionary meaning, attachment means act of attaching , state of being attached . in law, it is seizure of property or person by legal authority, especially seizure of defendant s property ..... 5 scc665 air2009sc2330. according to wade & forsyth: administrative law (2009).injunction is the standard remedy of private law for forbidding the commission of some unlawful act, e.g.a tort or breach of contract. its sanction is imprisonment or fine for contempt of court, or attachment of property. historically, it is .....

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Sep 01 2017 (HC)

Bengal Srei Infrastructure Development and Ors. Vs. Union of India and ...

Court : Kolkata

..... ganesh joshi (supra) and sadan k. bormal & anr. (supra) have held that, a fiction cannot be extended beyond the purpose for which it is created. chapter xii-h of the income tax act, 1961 is premised upon the legal fiction of fringe benefits being given by the employer to the employee. it has been contended that, the 17 broad heads stipulated in subsection ..... ) is section 115wb(2) of the income tax act, 1961 required to be read down ?. (iii) to what relief or reliefs, if any, are the parties entitled to ?. the petitioners have sought reading down of section 115wb(2) of ..... to save any provision from the vice of unconstitutionality. the issues that have arisen in this writ petition can be summarised as follows:(i) is chapter xii-h of the income tax act, 1961 or any part thereof unconstitutional being opposed to articles 14 and 246(1) read with entry 82, list i of the seventh schedule to the constitution of india ?. (ii ..... .nizamuddin, advocate mr.r.k.sinha, advocate hearing concluded on : august 7, 2017 judgment on : september 1, 2017 debangsu basak, j.:- the petitioners have assailed chapter xii-h of the income tax act, 1961 as unconstitutional being opposed by article 14 and 246(1) read with entry 82 in list i of the seventh schedule to the constitution of india. learned additional advocate .....

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Aug 31 2017 (SC)

M/S. Innoventive Industries Ltd Vs. Icici Bank

Court : Supreme Court of India

..... then, assuming that it was probably intended to leave it unaltered... by from inquiring how the we must therefore construe the provisions of the indian forming a code income-tax act as 93 complete in itself and exhaustive of the matters dealt with therein, and ascertain what their true scope is. (at page585) similarly in union of india ..... in the code. in completion of to exercise insolvency 4. the code seeks to provide for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, income-tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest ..... act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act, 2013 ..... matters dealt with therein. in ravula subba rao and another v. the commissioner of income tax, madras, (1956) s.c.r. 577, this court held: the act is, as stated in the preamble, one to consolidate and amend the law relating to income- tax. the rule of construction to be applied to such a statute is thus stated by .....

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Aug 31 2017 (HC)

Swastik Oil Refinery Private Limited Vs. Union of India and Anr

Court : Kolkata

..... , the period specified therein is barred by the limitation prescribed. tinplate company of india limited (supra) is rendered in context of section 148 of the income tax act, 1961. in the facts of that case, it was found that, the assessee was not guilty of suppression of any material fact before the authorities. ..... relies upon an unreported decision of the court dated may 5, 2016 rendered in wp no.1280 of 2001 relating to section 147 of the income tax act, 1961 and submits that, in the facts of the present case where the impugned show cause notice records that, the petitioner had filed the ..... petitioner is guilty of suppression of material facts at the time of assessment. clause (d).if not anything else, of section 11a(4) of the act of 1944 stands attracted. the present writ petition appears to be an attempt by the petitioner to stall the adjudication proceedings on specious pleas. the ..... limitation. i have considered the rival contentions of the parties and the materials made available on record. section 11a(4) of the central excise act, 1944 contemplates that where any duty of excise has not been levied or paid or has been short levied or short period or erroneously refunded ..... of suppression does not arise. therefore, the authorities could not have invoked the extended period of limitation envisaged under section 11a(4) of the central excise act, 1944. he submits that, the period involved is of 2011 to 2014. the impugned show cause notice was issued on march 31, 2016. the department .....

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Aug 30 2017 (HC)

Arvind Kayan Vs. Union of India and Ors.

Court : Kolkata

..... writ court. i have considered the rival contentions of the parties and the materials made available on record. a proceeding under section 159 of the income tax act 1961 was initiated against the petitioner. it was in respect of the deceased defaulter assesse namely, sushil kumar kayan. sushil kumar kayan is deceased father ..... definition of legal representative as obtaining in section 2(11) of the code of civil procedure, 1908 and as understood in the context of the income tax act, 1961 is an inclusive definition. every person who is found to meddle in the estate of the deceased can be considered as a legal representative ..... meaning of legal representative assigned to it in clause (11) of section 2 of the code of civil procedure 1908 would apply to the income tax act, 1961. section 2 (11) of the code of civil procedure 1908 stipulates that a legal representative means a person who in law represents ..... deceased. in support of such contention, he draws the attention of the court to section 2(29) of the income tax act, 1961. he submits that section 2(29) of the act of 1961 imports the definition of a legal representative as given in section 2(11) of the code of civil procedure ..... purchased the shares belonging to his deceased father during his lifetime for valuable consideration. the purchase of such shares has been disclosed in the income tax return of the petitioner for the relevant assessment year. the petitioner not having succeeded to the estate of the deceased by reason of the severance .....

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Aug 29 2017 (SC)

Commissioner of Income Tax-Iii Vs. Singhad Technical Education Society

Court : Supreme Court of India

..... the validity of the proceedings which were initiated by the assessing officer (for short, ao ) under section 153c of the income tax act, 1961 (hereinafter referred to as the act ). it may be mentioned here itself that the assessee is an educational institution registered under the bombay public trusts ..... general also referred to the judgment dated march 29, 2012 of the delhi high court in the case of ssp aviation limited v. deputy commissioner of income tax, (2012) 20 taxmann.com 214 (delhi), as well as the judgment dated december 24, 2012 of the gujarat high court in the case of ..... to capitation fees received by various institutions run by the assessee, a notice under section 153c of the act was issued on april 18, 2007. it is that notice which is quashed by the income tax appellate tribunal (itat) and the order of the itat has been upheld by the high court by ..... out of slp (c) no.30278 of2015 judgment a.k. sikri, j.leave granted.2) all these four appeals are filed by the commissioner of income tax-iii, pune (hereinafter referred to as the revenue), wherein the respondent is also the same (hereinafter referred to as the assessee ). 2 even the ..... appeal thereagainst, which was partially allowed by the commissioner of income tax (appeals) {cit(a)}. he, however, upheld the order of the ao, holding that the assessee was not eligible for exemption under section 11 of the act and, therefore, donations received were rightly treated as income. against the aforesaid part of the order, which was .....

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Aug 29 2017 (SC)

The State of Gujarat Vs. i.r.c.g.

Court : Supreme Court of India

..... utilised for a particular religion. the other view can be that article 27 will be attracted even when the statute is a general statute, like the income tax act or the central excise act or the state sales tax acts (which do not specify for what purpose the proceeds will be utilised) provided that a sub- stantial part of such proceeds are in fact utilised for ..... , j.in missouri v. holland36. hence a strict construction cannot be given to it.8. in our opinion article 27 would be violated if a substantial part of the entire income tax col- (1973) 4 scc2251936 ac578: (1936) 2 all er1449(pc) air1939fc1air1935pc1584 l ed 579 :17. us316(1819) 64 l ed 641 :252. us416(1919) 31 32 33 34 35 36 ..... in india, were to be utilised for promotion or main- tenance of any particular religion or religious de- nomination. in other words, suppose 25% of the entire income tax collected in india was utilised for promoting or maintaining any particular reli- gion or religious denomination, that, in our opin- ion, would be violative of article 27 of the consti- ..... to maintain secularism and the said article would be violated if the substantial part of the entire income tax collected in in- dia, or a substantial part of the entire central excise or the customs duties or sales tax, or a substantial part of any other tax collected in india, were to be utilized for promotion or maintenance of any particular religion or religious .....

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Aug 25 2017 (SC)

Royal Bank of Scotland Plc Vs. Axis Bank Ltd

Court : Supreme Court of India

..... referred to as the act ) provisionally attaching the consideration payable by jaypee to fowc under the rpc and ala.6) upon jaypee informing the ..... slp (c) no.5383 of 2017 filed by the axis bank challenges the order of the high court of delhi whereby the attachment made by the income tax department under section 281b of the act is held to be valid. other two appeals are by rbs and lloyds bank challenging orders dated december 14, 2016 and december 21, 2016 passed by ..... arrangements without deducting tax in india. in order to get clarity on issues of income tax payable on the income generated in india, both, fowc and jaypee filed references before the authority for advance rulings (aar). 4 untitled folderduring the pendency of the references before aar, the tax department passed an order dated march 10, 2014 under section 281b of the income tax act, 1961 (hereinafter ..... tax department that it had submitted irrevocable lcs in favour of fowc towards payment of the consideration due under the rpc/ala, the tax department by a letter dated march .....

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Aug 24 2017 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... for recognising informational privacy. 67 after the decision in canara bank, the provisions for search and seizure under section 132(5) of the income tax act, 1961 were construed strictly by this court in p r metrani v commissioner of income tax107 on the ground that they constitute a serious intrusion into the privacy of a citizen . similarly, the search and seizure provisions of ..... mehta cited provisions of the right to information act, 2005, the indian easements act, 1882, the indian penal code, 1860, the indian telegraph act, 1885, the bankers books evidence act, 1891, the credit information companies (regulation) act, 2005, the public financial institutions (obligation as to fidelity and secrecy) act, 1983, the payment and settlement systems act, 2007, the income 64 tax act, 1961, the aadhaar (targeted delivery of financial and ..... other subsidies, benefits and services) act, 2016, the census act, 1948, the collection of statistics act, 2008, the juvenile justice .....

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