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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Year: 1999 Page 3 of about 4,005 results (0.220 seconds)

Dec 22 1999 (TRI)

Cheminor Drugs Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Dec-22-1999

Reported in : (2001)70TTJ(Hyd.)936

..... the assessee-company without deducting income-tax at source. on confrontation from the income tax officer for non-deduction of income-tax, the assessee contended that the remittances made by the assessee were not chargeable under the income tax act and, therefore, the company was not under any legal obligation to deduct income-tax as provided in section 195 of the income tax act.the income tax officer field that the remittances ..... not find it necessary to examine the various other contentions of the assessee relating to whether the payments made by the assessee were in the nature of income chargeable to tax under the income tax act, 1961, or not. therefore, discussion on those grounds and consideration of the entire case laws relied on by the assessee and the evidences sought to ..... (appeals) erred in dismissing the appeal of the appellant and in upholding the order under the provisions of section 201 read with section 195 of the income tax act, 1961, passed by the income tax officer, hyderabad.2. the learned commissioner (appeals) erred in not appreciating the contentions urged before him and in rejecting the contentions urged before him in ..... commissioner (appeals) erred in holding that in so far as the fees paid to the attorneys is concerned, the provision of section 9(1)(vii)(b) of the income tax act, 1961, having regard to the nature of services rendered by the attorneys, the learned commissioner (appeals) ought to have held that the provisions of the said section have .....

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Dec 22 1999 (TRI)

Surat Tennis Club Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Dec-22-1999

Reported in : (2001)75ITD363(Ahd.)

..... of the public at large but really confined to a group of persons who could not be equated with the `general public' as envisaged in section 2(15) of the income tax act, 1961. in para 10 of the impugned order learned deputy commissioner (appeals) has concurred with the conclusion of the assessing officer, we are unable to uphold the views of ..... 1984) 150 itr (st.) 74 reads as under : subject : promotion of sports - whether a charitable purpose clarification regarding : the expression "charitable purpose" is defined in section 2(15) of the income tax act, 1961, to include relief of the poor, education, medical relief and the advancement of any other object of general public utility.the question whether promotion of sports and games can ..... in the prescribed form along with accompanying documents. therefore, the assessee has a strong case for claiming exemption when it has already got registered under section 12a of the income tax act. however, we also find force in the arguments of the learned departmental representative to the effect that registration under section 12a does not ipso facto mean that the assessee ..... sake of convenience.the central issue in the present appeals involves the question whether the assessee is entitled to exemption under section 10(23) and/or section 11 of the income tax act, 1961. both the assessing officer and the deputy commissioner (appeals) have field that the assessee is not entitled to exemption under the aforesaid provisions. the assessee has also .....

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Dec 21 1999 (HC)

C.A. Abraham and ors. Vs. Assistant Commissioner of Income-tax and ors ...

Court : Chennai

Decided on : Dec-21-1999

Reported in : [2002]255ITR540(Mad)

..... seeking a direction to the settlement commission to pass orders in accordance with chapter xiv-b of the income-tax act, 1961.3. in w. p. nos. 17150, 17151, 17160 and 18756 of 1999, the petitioners have challenged the order dated may 14, 1999, in which the settlement commission rejected the ..... may 14, 1999, the settlement commission rejected the applications filed by the assessees stating that the applications in effect seeking review of the order under section 245d(4) of the income-tax act cannot be entertained as the order passed under section 245d(4) has become final and conclusive as to the matters stated therein in view of section 245d(1) of the ..... as a result of our present order. there is no provision in this regard in chapter xix-a of the income-tax act. however, it is open to the above benami firms to file applications under section 264 of the income-tax act before the commissioner of income-tax requesting him to pass such order thereon not being an order prejudicial to the assessment, so that their assessed ..... income-tax act.2. the petitioners filed w. p. nos. 15853, 17462, 18472, 18558, 18751, 18757, 18764 and 18932 of 1999 challenging the order of the settlement commission dated december 21, 1998, and .....

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Dec 21 1999 (HC)

National Surgical Corporation Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Dec-21-1999

Reported in : [2000]242ITR667(AP)

..... and in the circumstances of the case, the tribunal was not justified in confirming the penalty of rs. 92,000 under section 271d of the income-tax act ?2. whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the circumstances mentioned ..... the months of february and march, 1989, in violation of the provisions of section 269ss of the income-tax act. penalty of an equal amount was levied under section 271d by the deputy commissioner of income-tax. it is not in dispute that penalty could be levied only if reasonable cause is not established ..... in upholding the levy of penalty. it is also interesting to note that the tribunal observed that the reasoning given by the commissioner of income-tax (appeals) is sound and valid and it found itself in complete agreement with that reasoning. as already observed, there was no reasoning at ..... . against the order of the deputy commissioner levying penalty, the petitioner preferred appeal to the commissioner of income-tax (appeals). the gist of the explanation given before the deputy commissioner as well as the written submissions given before the appellate authority were set ..... by the assessee which necessitated loans being taken in cash did not constitute reasonable cause for not levying penalty under section 271d of the act ?3. whether, on the facts and in the circumstances of the case, the tribunal ought to have followed the decision of the .....

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Dec 21 1999 (HC)

Gulf Oil India Ltd. Vs. Income Tax Officer

Court : Mumbai

Decided on : Dec-21-1999

Reported in : (2000)67TTJ(Mumbai)182

..... levied under section 201(1a) and also hold that the assessee cannot be regarded as an assessee in default in terms of section 201 of the income tax act.11. the assessee has taken various other grounds but no arguments have been advanced before us. we accordingly dismiss those grounds.12. neither of the ..... also a building. that decision was given in the context of considering the claim of the assessee for investment allowance under section 32a of the income tax act and so the hon'ble madras high court was considering whether the assessee was carrying on the manufacture of an article or thing within the meaning ..... the earth. we find that there is no such extended definition of land or of building in section 194-1. under section 194-1 of the income tax act, rent has to be paid for the use of land or of building (including factory building) and nothing else. if a plant is taken on ..... interest under the provisions of section 201(1a) and also held the assessee as an assessee in default under the provisions of section 201(1) of the income tax act. the orders of the assessing officer have been upheld by the commissioner (appeals). the commissioner (appeals) observed at p. 12 of his order that the ..... 1999, for the assessment years 1995-96 to 1998-99 upholding the orders under sections 201(1) and 201(1a) of the income tax act holding that the assessee should have, deducted tax at source from the payments made to the following eight parties at 20`% under the provisions of section 194-1 in each of .....

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Dec 21 1999 (HC)

C.A. Abraham Vs. Assistant Commissioner of Income Tax

Court : Chennai

Decided on : Dec-21-1999

Reported in : [2000]109TAXMAN16(Mad)

..... a result of our present order. there is no provision in this regard in chapter xix-a of the income tax act. however, it is open to the above benami firms to file applications under section 264 of the income tax act before the commissioner of income-tax requesting him to pass such order thereon not being an order prejudicial to the assessment so that their assessed/ returned ..... of natural justice, we hope that the commissioner would condone the delay in filing the revision applications as per the proviso to section 284(8) of the income tax act.'17. the settlement commission has computed the income of the petitioners only on the basis of the annexures to the order. in the order it is specifically stated that the petitioners offered the unaccounted ..... investments made by him in movable and immovable properties. it was also revealed that the assessee was doing business in benami names. so a notice under section 158bc of the income tax act, 1961 (herainafter referred to as 'the act') was issued to him on 13-6-1996. in response to the notice, the said abraham filed a return declaring his disclosed ..... incomes for the relevant assessment years, which have been included in the hands of the present applicants, are excluded from their .....

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Dec 21 1999 (HC)

Smt. Lalitha Ramaswamy Vs. Income Tax Officer

Court : Mumbai

Decided on : Dec-21-1999

Reported in : [2001]75ITD293(Mum)

..... we are of the view that the revenue was justified in assessing the capital gain by invoking explanation to section 2(47) of the income tax act, 1961. no other ground of appeal has been argued before us.13. in the result, the appeal of the assessee is dismissed. ..... year 1989-90, order dated 27-1-1999(4) b. k. jhala & associates v. assistant commissioner in cit appeal no. 1575 (pune) of 1991, assessment year 1989-90 order dated 3-6-1999(5) ajai kumar sah jagati v. income tax officer(1995) 55 itd 348 (delhi)(6) assistant commissioner v. harish jain (1997) 61 itd 4947. the ..... of money received by the assessee and the possession of the property had also been given to the vendees and therefore the capital gain was rightly assessed to tax in the year under appeal.8. we have given our careful consideration to the rival contentions. in this case the limited issue is as to whether ..... that the capital gain cannot be assessed where only an agreement to sell has been executed subject to fulfilment of certain conditions -(1) taherbhai h. rupawalla v. wealth tax officer in wt appeal no. 1259 (bom.) of 1995, assessment year 1991-92, order dated 10-12-1996(2) cwt v. taherbhai h. rupawalla in ra no ..... of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882).*5. thus the crucial question for our determination is as to whether the purchaser had taken the possession of the property during .....

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Dec 20 1999 (HC)

Commissioner of Income-tax Vs. Tiruchirapalli Co-operative Wholesale S ...

Court : Chennai

Decided on : Dec-20-1999

Reported in : [2000]243ITR277(Mad)

..... tribunal, madras bench, at the instance of the commissioner of income-tax, tamil nadu-v, madras, has stated a case under section 256(1) of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), in relation to the assessment of the assessee for the assessment years 1978-79 to 1981- ..... its accounting year and made a provision for bonus payable under the provisions of the payment of bonus act. the assessee claimed deduction of the provision made towards the bonus, however, the income-tax officer disallowed the provision made for the years in question and allowed the actual payment of bonus only ..... department, submitted that though in the order of assessment, there is no finding of the income-tax officer that the assessee has been maintaining the cash method of accounting, the tribunal proceeded on the basis that even in case the assessee had ..... be following the cash method of accounting, etc.', which was allowed by the appellate tribunal. the appellate tribunal, at the instance of the commissioner of income-tax, tamil nadu-v, madras, has referred the case to us as stated above.4. mr. o. anand ram, learned junior standing counsel for the ..... the provisions of the bonus act. it is a settled proposition that the employer is bound to pay the statutory bonus. the dispute before us relates only to the nature of the liability and the admissibility of the provision made towards the bonus, once the income-tax officer found that the .....

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Dec 20 1999 (HC)

Commissioner of Income-tax Vs. Brahma Swarup and Sons

Court : Allahabad

Decided on : Dec-20-1999

Reported in : [2001]253ITR604(All)

..... rajah v. cwt : [1997]225itr561(sc) , in which it was held that for the purpose of section 171 of the income-tax act and section 20 of the wealth-tax act, the joint property should be partitioned among various members in definite portions or by metes and bounds. that was a case where ..... the hindu undivided family, or both. thus, the income-tax act recognises a partial partition which may be partial in so far as the persons separating are concerned, it may also be partial so far as ..... is also not apposite to the facts and circumstances of the present case.8. clause (b) of the explanation to section 171 of the income-tax act defines 'partial partition' to mean a partition which is partial as regards the persons constituting the hindu undivided family, or the properties belonging to ..... was held that where the assets were not divided by metes and bounds, the partition could not be recognised for the purposes of the income-tax act. in that case also there was only an ascertainment of share of the various persons in certain properties and it was admitted by the assessee ..... hundred only).'5. the assessing officer accepted the partition by passing an order dated february 5, 1975, under section 171 of the income-tax act, 1961. however, the commissioner acting under section 263 set aside the assessing officer's order finding it to be erroneous and prejudicial to the interests of the revenue. .....

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Dec 20 1999 (HC)

Commissioner of Income-tax Vs. Chalthan Vibhag Khand Udyog Sahakari Ma ...

Court : Gujarat

Decided on : Dec-20-1999

Reported in : [2000]244ITR557(Guj)

..... facts and in the circumstances of the case, the tribunal was justified in holding that the assessee was entitled to deduction as contemplated under sections 80p and 80g of the income-tax act, 1961 ?' 3. the division bench hearing the said reference pointed out in para. 4 as under : '4. almost in similar circumstances, the supreme court held that before considering the matter ..... income-tax act, 1961 (hereinafter referred to as 'the act'), and rs. 1,417 under section 80p(2)(d) of the act in respect of interest received from the members of the co-operative societies and dividend and interest received from the co-operative ..... case, the tribunal was right in law in holding that the assessee is entitled to deduction under section 80p(2)(a)(i) and under section 80p(2)(d) of the income-tax act, 1961 ?' 2. the assessee claimed certain benefits such as deduction of rs. 4,04,400 under section 80p(2)(a)(i) of the ..... rightly set off the credit loss of earlier years in accordance with section 72 of the act and finding that the same exceeded, the income-tax officer did not allow the deduction under section 80p of the act. the principle laid down by the supreme court in cit v. kotagiri industrial co-operative tea factory ltd. : [1997]224itr604(sc) will apply to the facts of .....

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