Court : Chennai
Decided on : Mar-16-1999
Reported in : 243ITR660(Mad)
..... mentioned during 1985, he would have raised his objection alongwith his co-owner. the matter stopped at that and finally the tax recovery officer passed an order on january 17, 1990, under rule 11 of the second schedule to the income-tax act. thereafter this petition was filed on january 20, 1990. 5. more interestingly, however, the petitioner did not challenge the orders ..... brother, arunachalam, and proceeded to mention in his order in paragraph 9 that the defaulter had admitted the said house property in question as his own, in his income-tax returns filed before the income-tax officer, nagapattinam. he further records the finding in paragraph 10 that mr. m. arunachalam and mr. m. natarajan have not filed all the relevant details which have ..... one marimuthu reddiaf, who was the original assessee and a defaulter. marimuthu reddiar has three sons. they are (1) natarajan, (2) arunachalam, and (3) shanmugam. there were arrears of income-tax against the said marimuthu reddiar and, therefore, the department proceeded for recovery of the arrears by resorting to the sale of the immovable property of the defaulter and issued an ..... that the defaulter had fileda petition on february 21, 1985, requesting to lift the attachment before the commissioner of income-tax (recovery) and that petition was rejected vide order dated march 4, 1985, by the commissioner of income-tax in c. no. 2(327)/cit(r.) of 1984-85. he then refers to the objection raised by the petitioner and his brother, arunachalam, .....Tag this Judgment!
Court : Chennai
Decided on : Nov-30-1999
Reported in : 245ITR400(Mad)
..... less similar and the other cases raise identical disputes.2. the assessee is a public charitable trust eligible for exemption from income-tax in accordance with the provisions of section 11 of the income-tax act, 1961 (hereinafter to be referred to as 'the act'). the assessee, in the instant case, for the assessment years commencing from 1962-63 and ending on 1971-72, ..... ' in section 11(3)(c) should be interpreted to mean 'application', as under section 11(3a) of the act, it is permissible for the income-tax officer to change the purpose of application of income, if the trustees state before the income-tax officer that the income accumulated cannot be applied for the purposes due to the reasons mentioned therein. though the word, 'utilisation' in normal ..... had been accumulating the income of the trust as declared in the notice in form no. 10. the income so accumulated should have been utilised for ..... certain educational institutions, hospitals and maintaining them, the assessee handed over the accumulated income to it for implementing the objects, and the assessee had utilised the income for the purposes stated by it in the notice given to the income-tax officer under section 11(2) of the act. the tribunal held that the assessee had completely divested itself of its ownership over .....Tag this Judgment!
Court : Chennai
Decided on : Aug-31-1999
Reported in : (1999)156CTR(Mad)392; 241ITR735(Mad)
n.v. balasubramanian, j. 1. the question involved in the batch of writ petitions is whether the demand of interest under section 220(2) of the income-tax act, 1961 (hereinafter referred to as 'the income-tax act'), in the certificate of intimation issued under section 90(1) of the kar vivad samadhan scheme, 1998 (hereinafter to be referred to as 'samadhan scheme'), is proper, justified and ..... declarant to avail of the benefit of the samadhan scheme and once he claims the benefit under the samadhan scheme the scheme will operate notwithstanding the provisions contained in the income-tax act. therefore, the contention that the petitioner has lost the right of waiver of interest is not a material consideration. if the petitioners with open eyes have opted and claimed ..... was received by the petitioner. however, when this matter came up for admission, this court has granted interim stay of collection of interest alone under section 220(2) of the income-tax act and if the petitioner has not paid the penalty amount as demanded in the certificate of intimation for the necessary consequences, the petitioner would be liable.26. in so far ..... since the writ petitions are disposed of today, all the petitioners are given four weeks time from this date to pay the interest amount under section 220(2) of the income-tax act. however, it is made clear that this court has not granted any further time to the petitioners to pay other amounts mentioned in the respective certificates of intimations issued to .....Tag this Judgment!
Court : Chennai
Decided on : Apr-19-1999
Reported in : 239ITR782(Mad)
..... a sum of rs. 60 lakhs lying in his bank account may be appropriated towards ad hoc payment of tax liability that may arise out of the action under section 132 of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), both at chennai and ernakulam. the petitioner also sought for a direction to lift the order of attachment. ..... with the provisions contained in section 158bb of the act and the assessing officer is also required to determine the undisclosed income of the block period in accordance with chapter iv ..... as already stated, the commissioner of income-tax, the authorised representative of the department, the appellate tribunal and also the petitioner proceeded ..... shall be the aggregate of the total income of the previous years falling within the block period computed in accordance with chapter iv and certain suitable adjustments are required to be made as indicated in section 158bb of the income-tax act. under section 158bc of the act, the assessing officer is required to determine the undisclosed income of the block period in accordance .....Tag this Judgment!
Court : Chennai
Decided on : Apr-19-1999
Reported in : 238ITR282(Mad)
..... , found in the declaration in form no. 15h filed by the petitioner along with the annual return in form no. 27a, dated may 24, 1995, under section 194a of the income-tax act, 1961, for the assessment year 1994-95.2. the facts leading to the filing of the writ petition are, the first respondent by his order passed under sections 201(1 ..... a point of law, a circular of the central board of revenue which confers some benefit on the assessee is binding on all officers concerned with the execution of the income-tax act ; and they must carry out their duties in the light of the circular. in the present case, therefore, it was, in the first place, the duty of the ..... material defect which should be seriously countenanced. it is a curable defect as pointed out by the accountant member of the tribunal. the income-tax officer cannot take advantage of the absence of a provision of law under the indian income-tax act of 1922 and refuse registration to a firm for some defects he has detected in the application for registration. it is, in ..... ) and 201(1a) of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), dated march 4, 1996, treated the writ petitioner as an 'assessee in default' in respect of a sum of rs. 29,029 being the .....Tag this Judgment!
Court : Guwahati
Decided on : Dec-24-1999
..... claim of deduction in respect of unpaid provision is not an allowable deduction either under section 8(2)(e) or section 8(2)(f)(vii) of the agricultural income-tax act, 1939, for short 'the act'.5. section 8(2)(f)(vii) reads as follows : '(vii) any expenditure (not being in the nature of capital expenditure) laid out or expended wholly and exclusively for ..... deduction. however, there is no such identical provision in the assam agricultural income-tax act. section 37 of the act provides, for such allowance.9. it is the case of the petitioner-company that they are maintaining their accounts in the mercantile system. in the above system of accounting on ..... the payment has arisen during the time the business is carried on, it may appropriately be regarded as expenditure'. in view of the specific provisions under section 43b of the income-tax act the meaning of the word 'paid' is clear, i.e., the 'amount actually paid' but in the absence of any identical provision in the ..... authority laid emphasis on the word 'paid' and drawing reference to section 43b of the income-tax act, held that the tax, duty, cess or fee not paid during the accounting year cannot be allowed to be deducted. section 43b of the income-tax act is very specific and provides that only the tax, duty, cess or fee actually paid in the accounting year shall be computed for .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-25-1999
..... for the report on the valuation of the cost of construction from the valuation officer in view of the provisions under sections 131, 133(6) and 142(2) of the income-tax act. these are the enabling machinery provisions which vest ample powers in the assessing authority, any wrong mention of provision on the requisition memo will not be material. 23. our answer ..... may make such enquiry as he considers necessary.' 13. learned counsel for the revenue has submitted that the provisions contained under sections 55a, 133(6) and 142(2) of the income-tax act are all enabling provisions which legally vest power in the assessing authority to call for a valuation report from the valuation officer of the department regarding the cost of construction ..... nature of the asset and other relevant circumstances, it is necessary so to do.' learned counsel has then referred to section 133(6) of the income-tax act which falls in chapter xiii of the act which relates to the income-tax authorities. sub-section (6) of section 133 reads as follows : '133. the assessing officer, the deputy commissioner (appeals), the deputy commissioner or the commissioner ..... . national taj traders  121 itr 535 , on the point that liberal construction should be made where failure to do so would defeat the purpose of the act. 12. section 142 of the income-tax act has also been referred to. it relates to enquiry before the assessment. sub-section (2) of section 142 reads as follows : '(2) for the purpose of obtaining full .....Tag this Judgment!
Court : Patna
Decided on : Apr-23-1999
..... not been fully discharged by the date of devaluation. it was in order to obviate the difficulties that section 43a was inserted in the income-tax act by act 20 of 1967 with effect from april 1, 1967.8. the dispute in that case related to depreciation allowance and development rebate. dealing ..... k. k. vid-yarthi on behalf of the revenue.11. although investment allowance in section 32a and development rebate in section 33 of the income-tax act refer to deductions in respect of plant and machinery amongst other things, the provisions are not identical. the provision regarding development rebate was introduced ..... to depreciation allowance alone. as regards the investment allowance, the tribunal held that in view of sub-section (2) of section 43a of the income-tax act, the assessee is not entitled to the same.4. mr. k. n. jain, learned counsel appearing for the assessee-company, submitted that the ..... account of purchase of plant and machinery from outside india had increased and, therefore, in view of the provisions of section 43a of the income-tax act, the amount by which the liability had increased should be added to the actual cost of the plant and machinery, the benefit of ..... section 43a, it rejected the claim as regards investment allowance. later, pursuant to the order of this court under section 256(2) of the income-tax act, 1961, it referred the aforequoted questions for its opinion,3. it would thus appear that though the tribunal apparently accepted the assessee's contention that .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-14-1999
Reported in : 2000(2)BomCR426; (2000)2BOMLR861; 239ITR636(Bom); 1999(3)MhLj782
..... as partner of the firm representing his h.u.f., is not payment made to partner of the firm and consequently cannot be disallowed under section 40(b) of the income-tax act, 1961?'2. the facts, which are material for the purpose of this reference are as under :in the assessee firm, there are two partners namely, h.u.fs. of narottamdas ..... amount was credited in the individual account of shri deepak shah. the assessee claimed before the income-tax officer that provisions of section 40(b) of the income-tax act, 1961 ('act') are not applicable and, therefore, the claim regarding payment of interest and commission should be allowed.3. the income-tax officer did not accept the claim of the assessee. he observed that the interest or commission ..... orderranjana desai, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion at the instance of the revenue :'whether on the facts and in the circumstances of the ..... paid to a partner, in any capacity is to be disallowed under section 40(b) to the act. the prohibition contained in .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-01-1999
Reported in : 2000(2)BomCR869; (2000)1BOMLR592; 2000(3)MhLj483
..... income-tax act in the sense that they are statutory in nature. therefore, there is no provision in the income-tax act or the rules framed thereunder which entitles the plaintiff to 10% of the amount. therefore, issue no. 1 is answered accordingly. so ..... finding recorded on issue no. 4 above, these issues really do not survive for consideration.6. issue no. 1 is whether the plaintiff proves that he is entitled under the income-tax act to receive 10% of amount collected on account of the information furnished by him. it is obvious that the guidelines have not been framed under the ..... information as required by the guidelines which can be said to have resulted in recovery of the income-tax. on the basis of the rival pleadings, this court framed following issues, which read as follows:'1. whether the plaintiff proves that he is entitled under the income-tax act to receive 10% of amount collected on account of the information furnished by him?2. whether ..... the plaintiff proves that he is entitled to recover rs. 14,25,000/-from the income-tax department?3. whether the plaintiff having received rs. 75,000/- as per the final .....Tag this Judgment!