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Judgment Search Results Home > Cases Phrase: income tax act Year: 1999 Page 7 of about 3,945 results (0.243 seconds)

Mar 31 1999 (SC)

Aravinda Paramila Works Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Mar-31-1999

Reported in : AIR1999SC2619; (1999)153CTR(SC)205; [1999]237ITR284(SC); JT1999(2)SC549; 1999(2)SCALE475; (1999)3SCC729; [1999]2SCR348

..... in this appeal is whether payment of commission to an agent abroad is no maintenance of an agency within the meaning of section 35-b(1)(b)(iv) of the income-tax act, 1961. the high courts have taken divergent views.2. we are concerned with the assessment year 1981-82. the assessee manufactured agarbathis. it had exported agarbathis during the year under ..... claimed weighted deduction under the aforementioned provision in respect of such expenditure of rs. 13,23,225/-. it was disallowed by the assessing authority. the commissioner of income-tax (appeals) took a contrary view. the income-tax appellate tribunal held that the commissioner (appeals) was not justified in allowing the said weighted deduction. from out of the judgment and order of the tribunal, the ..... chosen to raise the point that the expenditure there concerned would not fall within the ambit of the clauses in section 35.10. the gujarat high court in commr. of income-tax v. cadila laboratories (p) ltd. : [1996]221itr35(guj) , referred to the meaning of the word 'agency' as found in halsbury's laws of england. it is there stated that 'the ..... section 35-b(1)(b)(iv) of the act, in respect of the commission payments made to agents outside india?the high court answered the question in the affirmative and in favour of the revenue, following its earlier decision in chief commr. of income-tax v. mysore sales international ltd. (1991) 195 itr 457 : 1992 tax lr 908. the assessee is in appeal by .....

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May 13 1999 (SC)

Uco Bank, Calcutta Vs. Commissioner of Income-tax, West Bengal

Court : Supreme Court of India

Decided on : May-13-1999

Reported in : AIR1999SC2082; (1999)154CTR(SC)88; 1999(111)ELT673(SC); [1999]237ITR889(SC); JT1999(4)SC40; 1999(4)SCALE1; (1999)4SCC599; [1999]3SCR635

..... would be binding on the departmental authorities in view of the provisions of section 119 to ensure a uniform and proper administration and application of the income-tax act.21. the appeal is, therefore, allowed and the question is answered in favour of the assessee and against the department.civil appeal no. 9885 ..... question at all but has decided the matter on the basis of other provisions of law.17. the said circulars under section 119 of the income-tax act were not placed before the court in the correct perspective because the later circular continuing certain benefits to the assessees was overlooked and the withdrawn ..... inter alia, considered by a bench of five judges of this court. section 2(6a)(e) and section 12(1b) were introduced in the income-tax act by the finance act 15 of 1955 which came into force on 1st of april, 1955. the government, however, realised that the operation of section 12(1b) would ..... appeal of the assessee. a reference was made to the high court at the instance of the revenue under section 256(1) of the income-tax act. the following question was referred to the high court:whether, on the facts and in the circumstances of the case, the tribunal is justified in ..... law in cancelling the cit's order under section 263 of the income-tax act holding that when the assessment was completed, the only paper available was the board's circular dated 9th october, 1984 and, .....

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Feb 03 1999 (SC)

Commissioner of Income-tax Vs. Corporation Bank Ltd.

Court : Supreme Court of India

Decided on : Feb-03-1999

Reported in : [2002]254ITR791(SC)

..... 6, 1952, would govern the case and the reopening was not justified and on a reference before the high court under section 256(1) of the income-tax act, the high court answered the reference in favour of the assessee upon recording its approval on to the order of the tribunal. 5. the records depict ..... the year ending on december 31, 1968, completed on october 4,1969. subsequently, however, the assessment was reopened under section 147(a) of the income-tax act, 1961, to bring to tax a sum of rs. 54,485 in respect of interest suspense account. it is, however, according to the assessee, the sums representing interest on loans ..... raised before the high court : [1986]157itr509(kar) namely (page 510): '1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the provisions of section 147(a) are not attracted 2. whether, on the facts and in the circumstance of ..... the assessee had disclosed this sum of rs. 54,485 in the balance-sheet as unrealised amount of interest along with thereturn filed by it and the income-tax officer had accepted the return and as a matter of fact had excluded that amount in the assessment order completed on october 4, 1969. 3. ..... terms of a notice under section 147(a) of the act, the assessment was reopened and a sum of rs. 54,485 was subjected to tax on the ground that the interest accrued and due on the loans advanced by the bank was the income of the bank for the relevant assessment year and the .....

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Jul 27 1999 (SC)

Commissioner of Income Tax, Ludhiana Vs. Shri Om Prakash

Court : Supreme Court of India

Decided on : Jul-27-1999

Reported in : AIR1999SC2534; (1999)155CTR(SC)206; [1999]238ITR1044(SC); JT1999(5)SC104; 1999(4)SCALE275; (1999)6SCC349; [1999]3SCR1186

..... of contract. under hindu law a joint family is one of status and right to partition is one of its incidents.... except where there is a specific provision of the income-tax act which derogates from any other statutory law or personal law, the provision will have to be considered in the light of the relevant branches of law. a contract of partnership ..... s.l.p.(c) no. 1608/80.2. the common question posed in these cases relates to interpretation of the term 'individual' in section 64(1)(i) & (ii) of the income tax act, 1961 (as it stood prior to april 1, 1976). the conflict of judicial opinion of various high courts with regard to connotation of that term gave rise to these cases ..... he was a partner in the firms in the capacity of karta of the hindu undivided family, so section 64 of the income tax act did not apply. the income tax officer rejected that contention, included the share income of the minors in his total income and assessed him accordingly. the appellate assistant commissioner upheld the order of the assessing authority, in appeal. on further appeal, the ..... before us.5. on the question whether a karta of the hindu undivided family falls in the term 'individual' in section 64(1)(i) & (ii) of the income-tax act, 1961 (hereinafter referred to as 'the 1961 act'), there is divergence of opinion in various high courts. the high courts of andhra pradesh, gujarat, punjab & haryana, delhi, karnataka, kerala, and rajasthan took the view .....

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Jul 27 1999 (SC)

Union of India and ors. Vs. M.V. Valliappan and ors.

Court : Supreme Court of India

Decided on : Jul-27-1999

Reported in : AIR1999SC2526; (1999)155CTR(SC)193; [1999]238ITR1027(SC); JT1999(5)SC134; 1999(4)SCALE290; (1999)6SCC259; [1999]3SCR1146

..... counsel for the respondent.23. in this view of the matter, aforesaid appeals are allowed. the judgments and orders holding section 171(9) of the income tax act, 1961 and section 20a of the wealth tax act, 1957 as unconstitutional are quashed and set aside. the writ petitions filed by the respondents as mentioned above before the madras high court and kamataka ..... of the seventh schedule to the constitution empowers the parliament to enact the legislation for imposition of taxes on income other than agricultural income. further, the concept of partial partition of huf was not recognised under the income tax act, 1992 and was recognised only under the income tax act, 1961. all that is done by the amendment is to restore the status quo ante that ..... it is difficult to comprehend that the said amendment can be termed as beyond legislative competence. the parliament has the authority to delete or amend any provision of the income tax act and it cannot be said that it is beyond legislative competence. the legislative competence is to be decided on the basis of the constitution that empowers the legislature to ..... was effected with effect from that date by executing a deed of partition. an application under section 171(2) of the income tax act, 1961 for recognition of the said partial partition came to be filed before the income tax officer. the income tax officer passed an order dated 28th december, 1979 recognizing the partial partition. thereafter for the assessment year 1980-81, a return .....

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Aug 16 1999 (SC)

J. Jermons Vs. Aliammal and ors.

Court : Supreme Court of India

Decided on : Aug-16-1999

Reported in : AIR1999SC3041; 1999(3)CTC697; JT1999(6)SC26; (2000)1MLJ71(SC); 1999(5)SCALE12; (1999)7SCC382; [1999]Supp1SCR467

..... concluded that there is no apparent conflict between the provisions of sections 222 and 226(3) of the income tax act and sections 17(1) & (2) of the west bengal act and that the said provisions of the income tax act could not have the effect of overriding sub-section (1) or (2) of section 17, it becomes ..... and struck out his defence. on revision to the high court of calcutta, a division bench held that the notice under section 226(3) of the income tax act could not have the effect of overriding sub-section (1) or (2) of section 17 and that the tenant in order to avail protection against ..... eviction. we are afraid, we cannot accede to this contention. the respondents exposed themselves to the risk of facing various proceedings under income tax act by their own conduct of not paying the income tax due by them. on service of ex.b-3 on the appellant and the respondents (the assessee in default) the respondents' ..... of notice under section 46(5a) of the income-tax act, 1922 which is a precursor of section 226(3) of the income-tax act, 1961 held that it was in the nature of garnishee order and the tenant (the person on whom the notice was served ..... accordingly, he paid the rent due for the period (a) commencing from ex.b-2 to b-3 - 107 months.23. section 226(3) of the income tax act is identical to order 21 rule 46, c.p.c.24. this court in v.n.vasudeva v. kiroi mal luhariwala : [1964]6scr181 , while considering effect .....

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Aug 17 1999 (SC)

The Transmission Corporation of A.P. Ltd. and anr Vs. the Commissioner ...

Court : Supreme Court of India

Decided on : Aug-17-1999

Reported in : AIR1999SC3036; [1999]239ITR587(SC); JT1999(5)SC654; 1999(5)SCALE40; (1999)7SCC266; [1999]Supp1SCR504

..... .med and decided the following question :-whether, on the facts and in the circumstances of the case, the superintending engineer, civil circle, upper sileru, is liable to deduct income-tax under section 195 of the income-tax act, 1961 in respect of payments made to nonresidents viz., m/s. charmilles engineering works ltd., m/s. sacheron works ltd., and m/s. oerlikon engineering company and ..... .c. no. 205 of 1978:whether on the facts and in the circumstances of the case, the superintending engineer, civil circle, upper sileru, is liable to deduct income-tax under section 195 of the income-tax act, 1961 on the payments made to the non-resident company for the assessment years 1966-67,1967-68, 1968-69 and 1969-70?3. similar questions with regard ..... well; and the disbursements, which were of the nature of gross revenue receipts, were yet sums chargeable under the provisions of the income-tax act and came within the ambit of section 18(3b) of the act.13. hence, in our view there is no substance in the contention of the learned counsel for the appellant that the expression 'any other sum chargeable under ..... a non-resident 'any sum chargeable under the provisions of this act', shall, at the time of payment, deduct income tax thereon at the rates in force. it is his contention that under the income-tax act, tax can be levied and collected on the income but when the payments made to the non-resident were not entirely income, but a trading receipt, there is no question of deduction .....

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Aug 27 1999 (SC)

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Aug-27-1999

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

..... 1/3 of the property mentioned in the will could be said to be held under trust and thus exempt within the meaning of section 4(3)(i) of the income tax act, 1922. the court answered the question in affirmative and said that it could not be laid down as a general rule that when debts of the testator are not paid ..... . whether, on the facts and in the circumstances of the case, k.r. patel and b.g. amin were liable to be assessed as trustees under section 161 of the income-tax act, 1961?2. these questions arose from the order of the appellate tribunal in the following circumstances.3. one mrs. bhikhubai chandulal jalundhwala, a resident of bombay, executed a will on ..... the estate of the testator was specifically receivable on behalf of his sons, the residuary beneficiaries. this court held that section 41 of the income-tax act, 1922 was not applicable as the administrator general received the income on his behalf as administrator and not on behalf of five sons of the testator. both the questions were answered in affirmative in favour of the ..... . 1. a division bench of the high court of judicature at bombay on a reference under section 256(1) of the income-tax act, 1961 (for short the 'act') decided all the three questions of law referred to it for its opinion by the income tax appellate tribunal ('appellate tribunal' for short) in favour of the revenue. the assessee is aggrieved. the questions of law are .....

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Sep 29 1999 (SC)

United Commercial Bank, Calcutta Vs. Commissioner of Income Tax, West ...

Court : Supreme Court of India

Decided on : Sep-29-1999

Reported in : AIR2000SC94; (2000)1CALLT57(SC); (1999)156CTR(SC)380; [1999]240ITR355(SC); JT1999(7)SC544; 1999(6)SCALE257; (1999)8SCC338; [1999]Supp3SCR254

..... court and that majority decision in the said case cannot be looked upon as laying down that a circular which is properly issued under section 119 of the income-tax act for proper administration of the act and for relieving the rigour of too literal a construction of the law for the benefit of the assessee in certain situations would not be binding on ..... ]237itr889(sc) . after referring to the decision in state bank of travancore case (supra) the court observed:under section 145 of the income-tax act, 1961, income chargeable under the head 'profit and gains of business or profession' or 'income from other sources' shall be computed in accordance with the method of accounting regularly employed by the assessee; provided that in a case where the ..... -83:1. whether on the facts and in the circumstances of the case, the tribunal is justified in law in cancelling the cit's order under section 263 of the income-tax act holding that the case of state bank of travancore v. cit, kerala : [1986]158itr102(sc) is not applicable to the facts of the present case?2. whether on the fact and in ..... would not make its accrual non-accrual. before discussing the question involved, the court after considering provisions of the income tax act observed thus:it is settled that the income of the assessee will have to be determined according to the provisions of the act in consonance with the method of accountancy regularly employed by the assessee. the method of accounting regularly employed by the .....

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Sep 21 1999 (SC)

General Insurance Corporation of India Vs. Commissioner of Income Tax, ...

Court : Supreme Court of India

Decided on : Sep-21-1999

Reported in : AIR1999SC3769; [1999]240ITR139(SC); JT1999(7)SC282; 1999(6)SCALE33; (1999)8SCC60; [1999]Supp2SCR742

..... and gains of business by including it in 'expenditure not admissible under the provisions of sections 30 to 43a of income-tax act' by reference to rule 5(a) of the first schedule to income-tax act, 1961. the question referred to the high court should have been answered in affirmative.25. the appeal is allowed ..... to the case at hand. in none of the three cases, the question of determining applicability of section 44 and the first schedule of the income-tax act arose for consideration.24. to sum up, the amount set apart by general insurance corporation for redemption of preference shares and treated as expenditure under ..... the shareholder to the company so as to be taxable for capital gains as amounting to transfer within the meaning of section 2(47) of the income-tax act, 1961. their lordships held that such redemption amounted to a sale and hence was covered by the definition of transfer. in associated power co, ..... should be taken to its logical conclusion so as to hold that the expenditure was allowable as deduction under sections 30 to 43a of the income-tax act. the tribunal upheld the contention that the provision made by the assessee was neither an expenditure nor an allowance in the ordinary commercial sense and ..... to be an amount of expenditure, it was not an item of expenditure dealt with by the provisions of sections 30 to 43a of the income-tax act. accordingly, the claim of the assessee was liable to be upheld.7. on a request made by the revenue, the following question was referred .....

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