Court : Chennai
Decided on : Oct-15-2004
Reported in : (2005)194CTR(Mad)339; 272ITR652(Mad)
..... the plain words of the section 80hhc of the income tax act (for brevity 'the act'), two items, such as excise duty and sales tax ought to have been included in the total turnover. it is further held that, the legislature has expressly excluded items of freight and insurance from ..... consideration for the sales would have to be taken into account for determining the turnover. the word 'turnover' as defined under the sales tax act, therefore cannot be given effect to while interpreting the expression 'total turnover' under the income-tax act.3.6. we are , therefore of the view that the tribunal was right in law in not placing reliance on the ratio laid ..... holding that excise duty does not form part of the total turnover for the purpose of calculation of deduction under section 80hhc of the income tax act?2.2. the bombay high court in the decision reported in commissioner of income tax- v. sudharshan chemicals industries limited and ors., : 245itr769(bom) , rejected the contention of the department to the effect that having regard to ..... holding that excise duty does not form part of the total turnover for the purpose of calculation of deduction under section 80hhc of the income tax act?(ii) whether on the facts and in the circumstances of the case, the income tax tribunal is right in law in not considering the judgments of the supreme court reported in : 87itr542(sc) in the case of .....Tag this Judgment!
Court : Chennai
Decided on : Nov-18-2004
Reported in : (2005)198CTR(Mad)585; 276ITR658(Mad); (2005)1MLJ79
..... commissioner of income-tax, madras. it is the case of the petitioner that it had a claim for deduction under section 80-j of the ..... confirmed the order dated 07.11.1988 of the commissioner of income-tax - first respondent herein.2. for convenience, we shall refer the parties as arrayed before the learned single judge.3. the petitioner - m/s. auro food limited, pondicherry filed a petition under section 220(2a) of income tax act, 1961 (in short 'the act') on 03.09.1988 for waiver of interest before the ..... made consequent to the supreme court's decision, the company had paid its claim and hence, there is no scope for levy of interest under section 220(2) of the act.4. the first respondent, namely, commissioner of income-tax, who is vested with power to grant waiver of interest, after considering the scope of sub-section 2a of section 220 of the ..... of 1988, praying to quash the said order dated 07.11.1988 and also praying for further direction to the commissioner of income tax - first respondent, to waive interest of rs.4,29,670/- levied under section 220(2) of the act for the assessment year 1980-81. the learned judge, by the impugned order dated 09.09.1997, after considering the relevant .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-04-2004
Reported in : 2004(2)BomCR699; (2004)188CTR(Bom)375; 272ITR335(Bom)
..... 10/6/1997 directing the reopening of the petitioners assessment for the assessment years 1989-90 to 1991-92 respectively in exercise of powers under section 147 of the income tax act, 1961 ('the act' for snort). the petitioners in pursuant to the said notices filed their returns for the respective years without prejudice to their right to challenge the said notices seeking to ..... .c. daga, j.the facts1. petitioners are engaged in the business of manufacturing of bidis and sale thereof. the petitioners are challenging three notices issued under section 148 of the income tax act dated 14.3.1977 and 27/3/1997 in writ petition no. 2624 of 1997 seeking to reopen assessment for the assessment years 1986-87 to 1988-89; whereas in ..... respect to the location of bidi manufacturing centres so as to consider their entitlement to claim deduction under the various provisions of the act. since no such information truly and fully was furnished, it was open to the income-tax officer to issue notices for reopening assessment of the assessment years in question, even after expiry of period of 4 years from the ..... assessment could not be reopened on a change of opinion was the same before and after the amendment by direct tax laws (amendment) act, 1987.10. the supreme court has upheld the above judgment of the allahabad high court in commissioner if income-tax and anr. v. foramer france : 264itr566(sc) in brief judgment with the words 'we have heard learned counsel for .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-16-2004
Reported in : 2004(3)BomCR590; (2004)189CTR(Bom)226
..... due and payable till the date of actual payment, in terms of sections 214(1), 214(1a), and 244(1a) read with section 240 and section 244(1) of the income-tax act, 1961 (hereinafter referred to as 'the said act'), and in the alternative, assuming that no such interest on interest is payable under any of the provisions of the said ..... persons during a financial year or any part thereof would be income-tax. once it is clear that any amount payable as tax would be tax under the said act, it would obviously include any amount payable to the government over and ..... or penalty, if any, paid by the assessee the word 'tax' has been defined in section 2(43) of the said act to mean income-tax chargeable under the provisions of the said act. the term 'income-tax' has not been defined under the said act. however, on a perusal of the various sections of the said act and the scheme of taxation, it is apparent that any amount ..... payable or becoming due as tax under the said act in relation to any income of a person or .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-13-2004
Reported in : 2004(3)ALLMR317; 2004(5)BomCR263; (2004)190CTR(Bom)306; 268ITR102(Bom); 2004(4)MhLj58
..... .b. gautam : 199itr530(sc) :'we may clarify that, as far as completed transactions are concerned, namely, where, after the order for compulsory purchase under section 269ud of the income-tax act was made and possession has been taken over, compensation was paid to the owner of the property and accepted without protest, we see no reason to upset those transactions and ..... the impugned order was made.we may clarify that, as far as completed transactions are concerned, namely, where after the order for compulsory purchase under section 269ud of the income-tax act was made and possession has been taken over, compensation was paid to the owner of the property and accepted without protest, we see no reason to upset those transactions and ..... compulsory acquisition, learned counsel submitted that in a large number of cases where the vendor had not challenged the compulsory acquisition of the property under chapter xx-c of the income-tax act, 1961, or where the vendor has accepted the order of compulsory acquisition of the property, the view has been taken that the intending purchaser has locus to challenge the ..... order of pre-emptive purchase passed on september 23, 1987, by the appropriate authority. inter alia, the petitioners have challenged the constitutional validity of chapter xx-c of the income-tax act and alternatively it is prayed that chapter xx-c may not be made applicable to the subject sale agreement. the petitioners have also prayed that the first respondent be directed .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-25-2004
Reported in : 2004(4)BomCR691; 268ITR332(Bom)
..... are challenging the notice dated november 5, 2002, for reopening the assessment for the assessment year 1996-97, issued by respondent no. 1, under section 148 of the income-tax act, 1961 (the 'act' for short).3. the petitioners are engaged in the business of manufacture of various consumer products in respect of which excise duty is payable. the petitioners also import certain ..... thereafter, on november 7, 2002, were served with notice dated november 5, 2002, issued under section 148 of the act by which respondent no. 1 has stated that he had reason to believe that the petitioner's income chargeable to tax for the assessment year 1996-97 had escaped assessment and he, therefore, called upon the petitioners to furnish their return of ..... within the prescribed period provided under the proviso to section 147 of the act. in the circumstances, it would be necessary to turn to section 147 of the act, which reads as under :'147. income escaping assessment -- if the assessing officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the ..... provisions of sections 148 to 153, assess or reassess such income and also any other income chargeable to tax which has escaped assessment and .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-25-2004
Reported in : ILR2004KAR2608; 270ITR332(KAR); 270ITR332(Karn)
..... not further the case of the petitioner in as much as the provisions of section 18(3-a) of the karnataka agricultural income tax act and the provision of the section 234-a of the income tax act, 1961 are not para materia. the provisions of sections 234-a reads as under :' interest for defaults in furnishing return of income234-a (1) where the return of ..... club ltd.14. in fact in the light of the decision of the supreme court legislature has stepped in and explanation 4 to section 234-a of the income tax act, has now been omitted by the finance act 2003 and this provision has been given retrospective effect from 1.4.1989. in fact the provisions of section 18 (3-a) of the state ..... of the petitioners, these petition are disposed of by this common order.4. petitioners are assesses under the provision of the karnataka agriculture income tax act, 1957.5. petitioner in w.p no. 41114/03 filed his returns of agricultural income for the assessment year 1996-1997 on 18-03-1998. this return, the petitioner was required to file by 31-07-1996. on ..... the case of each of the petitioner.10. on the aspect of understanding the provisions of section 18(3-a) of the act, sri. parthasarathi, learned counsel for the petitioner has drawn my attention to the corresponding provisions in the income tax act, 1961 viz., section 234-a the learned counsel has also brought to my notice the decision of the supreme court in .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-03-2004
Reported in : (2005)195CTR(AP)81; 272ITR245(AP)
..... nature of the produce, a perusal of the impugned order shows that the commissioner was more influenced by the terms contained in the andhra pradesh forest act rather than confining himself to the provisions of the income-tax act and to the facts of the case. the commissioner accepted the claim that coffee, cashew, etc., grown on the land assigned to the petitioner ..... s. ananda reddy j.1. this writ petition is filed assailing the order dated may 28, 1997, of the second respondent, commissioner of income-tax, passed under section 264 of the income-tax act, 1961, revising the order of the assessing officer granting partial relief to the petitioner-assessee.2. the petitioner is andhra pradesh forest development corporation limited. against the said corporation, ..... in regard to any land can that land be said to have been used for 'agricultural purposes' and the income derived therefrom be said to be 'agricultural income' derived from the land by agriculture, under section 2(1) of the indian income-tax act, 1922.agriculture comprises within its scope the basic as well as the subsequent operations described above regardless of the ..... the first respondent herein initiated proceedings under section 206c of the income-tax act, 1961 (for short 'the act') and passed order for the years 1988-89 to 1993-94 on the ground that the petitioner-corporation failed to collect .....Tag this Judgment!
Court : Allahabad
Decided on : May-17-2004
Reported in : (2005)193CTR(All)656; 269ITR50(All)
..... 1991-92 by issuing notices to the legal heirs of the late giridharilal and six assessment orders were passed under section 143(3) read with section 148 of the act and the income-tax assessed was rs. 1,33,924 in each assessment year in the status of an individual. the assessing officer denied the claim of the heirs of the late giridharilal ..... have been filed under section 260a of the income-tax act, 1961, by which the appellant has challenged the judgment, dated february 27, 2004 of the income-tax appellate tribunal, new delhi. all these appeals have been decided by the impugned common judgment. since they involve identical questions of law hence they are being decided by this common ..... to be assessed in the status of a hindu undivided family. on february 22, 1997, the commissioner of income-tax (appeals), meerut, allowed the appeals filed by the assessee and held the status of the late giridharilal as a hindu undivided family. he held that in the absence of a ..... . hence, he set aside the assessment orders.4. on february 27, 2004, the income-tax appellate tribunal set aside the aforesaid order of the commissioner of income-tax (appeals), meerut, dated february 22, 1997, and held the status of the late giridharilal to be individual. the tribunal further held that income by way of interest on the enhanced compensation was taxable in the hands of .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-14-2004
Reported in : (2005)199CTR(All)36; 276ITR373(All)
..... . he did not furnish requisite documents/information sought by the petitioner and issued an order of attachment on 5th april, 2002 under rule 48 of the ii schedule of the income-tax act attaching the residential house no. a-71, sector 30, noida, which is owned by the petitioner's wife. the notice dated 26th march, 2002 and the consequent recovery proceedings are ..... orderr.k. agrawal, j.1. both these writ petitions have been filed by the same petitioner challenging the proceedings and the order passed under section 179 of the income-tax act, 1961, hereinafter referred to as the act. while in writ petition no. 1502 of 2002, the petitioner has sought a writ order or direction in the nature of certiorari quashing the notice dated 26 ..... time provided that the directors of a private limited company in liquidation would be liable jointly and severally with the company for payment of arrears of tax and there was no corresponding provision in the indian income-tax act, 1922. this section, foisting liability on the directors of a private limited company, operated only in the cases of a private company in liquidation prior ..... years 1977-78 to 1982-83 obviously, the company being a public company, the proceedings against the directors for recovery of the tax due from the company cannot be taken, and certainly not proceeded with under section 179 of the income-tax act, 1961.14. the apex court has further held that they need hardly say article 265 of the constitution clearly prohibits any .....Tag this Judgment!