Court : Patna
Decided on : Aug-24-2007
..... etc. on behalf of revenue, however, the matter was referred to this court under section 256(2) of the income tax act who have heard counsel for the parties and perused the order passed by the assessing officer, the appellate authority and the income tax tribunal.4. mr. l.n. rastogi, learned senior counsel appearing on behalf of applicant submitted that onus had ..... question of law which was referred to this court reads as follows:whether on the facts and in the circumstances of the case, the income tax appellate tribunal was justified in deleting the addition made by the income tax officer on account of 'auto-rickshow difference' as appearing from the documents seized from the premises of the assessee?3. the short facts ..... . 12 lacs and odd. accordingly, the assessment officer directed for addition. the matter went to the income tax appellate authority where also appeal filed by the assessee was dismissed. the matter ultimately went to the income tax tribunal at the behest of the assessee. income tax tribunal on appreciation of facts and submissions of the parties, held that the assessing authorities had not directed ..... references are as follows:the business premises of the assessee was searched on 18.7.2005 on the information received by the department that the assessee was not paying taxes commensurate with income derived from the business. in course of search and seizure, several documents were seized pertaining to dealing of auto-rickshaw and the authorities came to a conclusion .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-27-2007
Reported in : (2007)109BOMLR1900; (2007)213CTR(Bom)161; 299ITR329(Bom)
..... that the commissioner (appeals) cannot entertain an appeal with regard to the quantum/waiver of the interest levied under section 139(8) and 217(1a) of the income-tax act, 1961?2. the assessment years relevant herein are assessment years 1972-73 and 1976-77.3. the original assessee shri s.p. patel (hereinafter referred to as ..... questions of law for the opinion of this court under section 256(1) of the income tax act, 1961.1. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that credit for the tax deducted at source from the dividends was to be given to the firm and not ..... the credit of the tds instead of the firm. mr. rao further submitted that on a plain reading of section 199 of the act read with rule 30a(vii) of the income tax rules, it is clear that where the shares belong to a firm but are held in the name of any of its partner, ..... not to the share-holder. thus, the first proviso to section 199 of the act read with rule 30a of the income tax rules inter alia provide for giving credit of tax deducted at source to the firm where the dividend income is to be taxed in the hands of the firm and not the shareholder.12. in the present ..... of credit of the tds to the firm/partners were contained in section 199 of the act and rule 30a of the income tax rules, 1961. the said provisions, to the extent relevant for the purpose herein, read thus:credit for tax deducted.199. any deduction made in accordance with the provisions of sections 192 to 194, .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-15-2007
Reported in : (2008)215CTR(Kar)267; 298ITR268(KAR); 298ITR268(Karn)
..... senior counsel appearing for the counsel for the appellant contends that all the authorities did not consider the provisions of section 48(i) of the income tax act, properly. according to him, while computing capital gains under section 48(i), any expenditure incurred wholly and exclusively in connection with the transfer of the property has to be deducted ..... present appeal is filed, raising the following substantial question of law:whether the assessee can claim deduction incurred by her while computing capital gains under section 48(1) of the income tax act towards the expenses incurred by the executors for legal and professional charges and court fee expenses?3. we have heard the learned counsel for the parties.4. sri sarangan, ..... the property. the court, while doubting the genuineness of the claim of the assessee therein has rejected the contention of the assessee. here the assessing officer or the commissioner of income tax (appeals) are not doubting the claim made by the assessee. but the contention of the assessing officer in the instant case is that the amount claimed by the assessee ..... has to be treated as expenditure in order to transfer the property. our view is supported by the judgment of the bombay high court in the case of commissioner of income tax (appeals) v. miss. piroja c patil reported in : 242itr582(bom) . in the aforesaid case, certain eviction proceedings were initiated to evict the unauthorised occupant from the land. due .....Tag this Judgment!
Court : Delhi
Decided on : Mar-13-2007
Reported in : 138(2007)DLT788; 292ITR552(Delhi)
..... .1. revenue has filed this appeal under section 260a of the income tax act, 1961 (for short as 'act') against the order dated 23rd september, 2005 passed in ita no. 2468/delhi/2002 for the assessment year 1995-96.2. we have framed the following substantial question of law for consideration:whether the income tax appellate tribunal was correct in law in upholding the order of ..... . 20 lacs which has been declared by the assessed as gift, was in fact his income and same was added to his total income under section 68 of the act.5. aggrieved by the order of the assessing officer, the assessed filed an appeal before the commissioner of the income tax (appeals) who held that these two gifts made are genuine and as such the ..... . brief facts of the case are that the assessed in the present case filed the income tax return for the assessment year 1995-96 on 31st october, 1995 declaring an income of rs. 1,04,249/-. this assessment was made under section 143(3) of the act on 2nd march, 1998 accepting the declared income of the assessed. subsequently, this assessment order was examined by ..... addition made was deleted.6. being dissatisfied with the orders of the commissioner of income tax (appeals), revenue filed appeal before the income tax appellate .....Tag this Judgment!
Court : Delhi
Decided on : Apr-17-2007
Reported in : 142(2007)DLT189
..... in his representative capacity and so allocated to his share under section 67 of income-tax act, 1961, was not the real income of the huf but was the individual income of the karta.2. a perusal of the second question reveals that there are some typing mistakes but essentially both the questions ..... madan b. lokur, j.1. the following questions of law have been referred for our opinion under section 256(1) of the income tax act, 1961:1. whether on the facts and in the circumstances of the case, the salary of rs. 4,800/- and commission of rs. 3,737/- received ..... in which he was a partner as karta of his huf, is includible in the total income of the assessed huf.2. whether, on the facts and in the circumstances of the case, the huf was barred by section 247 of income tax act, 1961 from claiming in its karta from the firm in which he was a partner ..... questions of law referred for our opinion.5. in prem nath and ors. v. commissioner of income tax : 78itr319(sc) , the supreme court considered several decisions on the question of remuneration received by a member of the huf who has joined a partnership as ..... that lachhman dass bhatia rendered services for which he was paid some remuneration by way of salary and by way of commission. the view expressed by the income tax appellate tribunal was that the salary and commission is required to be included in the hands of the huf as a partner and that is basis of the .....Tag this Judgment!
Court : Delhi
Decided on : May-16-2007
Reported in : (2007)211CTR(Del)48; 292ITR22(Delhi)
..... 243b of the act. the assessment order was, of course, passed on the basis that the petitioner ..... the assessment year 2003-04, the petitioner filed a nil return of income.2. unfortunately for the petitioner, the assessing officer did not agree with it and, thereforee, assessed its income under section 143(3) of the income tax act, 1961 (the act) and raised a demand of rs. 37.47 crores by way of tax and rs. 14.05 crores by way of interest under section ..... went on to say that if this healthy rule is not followed, the result will not only be undue harassment to assessed but chaos in the administration of tax laws.13. in commissioner of income tax, bhopal v. ralson industries ltd. (2007) 2 scc 326, the supreme court held:when an order is passed by a higher authority, the lower authority is bound ..... .3. feeling aggrieved by the order passed by the assessing officer, the petitioner preferred an appeal which is pending before the commissioner of income tax (appeals) [cit (a)]. before the appellate authority, the petitioner asked for a stay of deposit of the tax and interest and it seems that the petitioner was asked to indicate, according to it, the amount due by way of .....Tag this Judgment!
Court : Delhi
Decided on : Mar-30-2007
Reported in : (2007)210CTR(Del)349; 291ITR331(Delhi)
..... the commissioner as well as by the tribunal is incorrect and that is why this appeal under section 260a of the income-tax act, 1961, has been preferred.9. during the course of arguments, our attention was invited to the cit v. sitaldas tirathdas : 41itr367(sc) . in this case the supreme court dealt with a situation of ..... amount was liable to be deducted by the assessed at source.5. feeling aggrieved, the assessed preferred an appeal before the commissioner of income-tax (appeals) and the contention urged was that citizens tax is a statutory levy on all japanese citizens and is required to be withheld by the employer from the salary of the employee ..... 1. the revenue is aggrieved by an order dated march 10, 2006, passed by the income-tax appellate tribunal, delhi bench 'a' in i.t.a. no. 3030 to 3040/del/2001 relevant for the financial years 1988-89 to 1998-99 ..... which we are concerned in this appeal, is an amount that never reaches the employee and is, thereforee, not a part of his income. the question of deducting tax at source on this amount, thereforee, does not arise.11. our attention has also been drawn to the fact that two appellate authorities have ..... the extent of the amount payable and, thereforee, it ought to be excluded from the computation of the taxable income.6. while dealing with this argument, the commissioner accepted the contention that the payment of citizens tax is mandatory for all japanese citizens and it is required to be withheld by the employer and paid over .....Tag this Judgment!
Court : Chennai
Decided on : Jun-04-2007
Reported in : 293ITR357(Mad)
..... 11.1998 admitting a loss of rs. 10,25,985/-. the return of loss was processed under section 143(1)(a) of the income-tax act ('act' in short) on 30.03.1999 determining a total income of rs. 6,28,470/-. the assessment was revised on 10.10.2000 determining a loss of rs. 10,25,985/-. later ..... p.p.s. janarthana raja, j.1. this appeal is filed under section 260a of the income tax act, 1961 by the revenue, against the order of the income tax appellate tribunal, madras bench-b, madras in i.t.a. no. 361(mds)/2002 dated 12.12.2002. on 01.12.2003, this ..... senior counsel appearing for the assessee submitted that the issue now stands covered against the revenue by this court's unreported judgment in the case of commissioner of income-tax v. india equipment leasing ltd., madras in t.c.(a) nos. 744 and 349 of 2004 dated 24.09.2004. hence the order of the ..... the assessing officer rejected the contention and completed the assessment under section 143(3) of the act and determined the total income at rs. 2,78,83,950/-. aggrieved by the order, the assessee filed an appeal to the commissioner of income-tax (appeals). the c.i.t.(a) dismissed the appeal filed by the assessee and confirmed ..... up for scrutiny and the assessing officer issued notice under section 143(2) of the act. the assessing officer noticed that in the profit and loss account for the previous year and in the memo of the total income prepared for income-tax purpose for the year ending thereof, the assessee had not admitted the interest accrued .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-14-2007
Reported in : 2007(5)BomCR452; (2007)109BOMLR543; (2007)210CTR(Bom)197; 290ITR555(Bom); 2007(3)MhLj104
..... bank of punjab limited. 2. by this petition, the petitioner is challenging the order dated 27.12.2005 passed by the income tax settlement commission under section 245d(1) of the income tax act, 1961 (hereinafter referred as 'the said act') whereby the settlement commission has taken a view that the settlement applications filed by the petitioner in respect of its own ..... senior counsel that the settlement commission had called for the report from the commissioner of income tax under section 245d(1) of the said act and he referred to the said report dated 10th october, 2005 wherein the commissioner of income tax has quoted the observations of the income tax appellate tribunal in its composite order comprising the assessee, m/s.centurion bank limited ..... mr. dastur thereafter referred to the affidavits in reply filed on behalf of the respondents dated 31st august, 2006 and 17th january, 2007 wherein the assistant commissioner of income tax has reiterated that the above case involves apparent complexities of investigation. to put it in other words, the learned senior counsel for the petitioner has pointed out that ..... 245d(4) of the act. 11. mr. kotangale, the learned counsel appearing on behalf of the respondents (revenue) also could not dispute the submissions of the learned senior counsel mr. dastur for the petitioner, and in fact, the learned counsel for the respondents conceded that the respondents (revenue) itself through the commissioner of income tax had recommended the admission .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-18-2007
Reported in : (2007)109BOMLR1537; (2007)211CTR(Bom)1; 293ITR539(Bom); 2007(4)MhLj208
..... into the government treasury, whether, the revenue can recover the tds amount with interest from the concerned employee in spite of the express bar contained in section 205 of the income tax act, 1961?2. the relevant facts are that on 28th march, 1996 the respondent no. 6 company appointed the petitioner as 'managing director-information technology' with effect from 1/4/1996 ..... from the petitioner cannot be faulted. 14. we have carefully considered the rival submissions.15. chapter xvii of the income tax act, 1961 provides for collection and recovery of tax by two modes. they are (one) directly from the assessee and (two) indirectly by deduction of tax at source. in the present case, we are concerned with the second mode of recovery, namely recovery of ..... . 1997-98 inter alia claiming credit of tds amounting to rs. 6,66,000/-.5. the return of income was processed and on 29th march, 2000 the assessing officer issued an intimation under section 143(1)(a) of the of the income tax act, 1961 ('the act' for short) denying credit of the tds amount of rs. 6,66,000/-and after imposing interest under ..... section 234a, 234b and 234c of the act raised a demand of rs. 12,73,940/-. 6. the petitioner made an application under section .....Tag this Judgment!