Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Mr Kurien Jose, Mrs Aleykutty Emmanuel, Mrs. Annakutty Mathew, Mrs. Mary Joseph, Mrs. Pennamma Thomas Versus The Assistant Commissioner of Income Tax, The Commissioner of Income Tax, Trivandrum

Refund application denied - reopening of the proceedings - adoption of wrong figures for calculating part of the additional compensation and part of the interest based on statement obtained from the Land Acquisition Officer - declarations under Voluntary Disclosure of Income (VDI) Scheme - Held that:- So far as tax paid by late Annamma Ouseph is concerned, it was on the basis of the compensation amount received by her under the Land Acquisition proceedings after the death of the original awardee .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ious enough, he should have restricted the payment to the balance amount after deducting the payment made by late Annamma Ouseph for the assessment years 1994-1995 and 1995-1996. Circumstances being so, late Annamma Ouseph could not have sought reopening of the proceedings finalized under Sec.143(1)(a) of the Income Tax Act, invoking Sec.264 of the Act. We are of the considered opinion that there is no illegality or legal infirmity in the judgment warranting our interference. - W. A. No. 1689 of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ring the pendency of the writ petition, consequent to which the appellants, her legal representatives, were impleaded as additional petitioners in the writ petition. The writ petition was filed challenging Ext.P6 order passed by the 2nd Respondent, refusing to entekrtain a refund application finalized by the 1st appellant for the assessment years 1994- 1995 and 1995-1996 and by the impugned judgment, the learned Single Judge upheld the said order. 2. Brief facts required for the disposal of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

3,060/- and ₹ 80,192/- respectively. The 1st Respondent completed the assessment under Sec.143(1)(a) of the Act as per Exts.P1 and P1(a). It was the contention of the writ petitioner that she had adopted wrong figures for calculating part of the additional compensation and part of the interest based on statement obtained from the Land Acquisition Officer. Since there were family disputes, certain documents were not available with the writ petitioner, when she filed the original returns. 4. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e balance of ₹ 3,80,401/- was received on 02.11.1989. Dissatisfied with the compensation, late P.O.Kuriakose sought Reference before the Additional Sub Court, Kottayam and the Reference Court had awarded an amount of ₹ 20,51,248/- inclusive of all the benefits provided under the Land Acquisition Act. Again, out of the said amount, ₹ 18,56,270/- was received on 08.04.1993 and the balance of ₹ 1,94,978/- on 11.08.1994. Thus, altogether, including the amount awarded by the o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and no other amount was received either by late P.O.Kuriakose or Annamma Ouseph at that point of time to file returns for the whole amount received under the Land Acquisition proceedings. 5. The writ petitioner's husband late P.O.Kuriakose had executed a will dated 23.04.1988 by which the 1st appellant herein was authorised to receive compensation in respect of the land acquisition proceedings. He was an assessee of income tax under the Mattanchery Circle, Ernakulam District. The 1st appella .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Revision Petitions under Sec.264 of the Act, requesting the 2nd Respondent to revise the intimation under Sec.143(1)(a) dated 20.03.1997 for the assessment years 1994-1995 and 1995-1996 and for a direction to refund the amount of ₹ 2,63,060/- and ₹ 80,192/- paid by her. However, the 2nd Respondent rejected the same by Ext.P6 impugned order dated 09.09.1998 and thus aggrieved by the said order, the writ petition was preferred by late Annamma Ouseph. 7. Even though the Respondents have .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

It was also contended that the option accepted by the 1st appellant under the VDI Scheme cannot be re-opened under any circumstances since Secs.69 and 70 of the Finance Act, 1997 prohibited refund of any amount paid under the said Scheme. 8. During the pendency of the writ petition, the petitioner namely Annamma Ouseph died and consequently the appellants herein were impleaded as additional petitioners as per the order dated 06.03.2006 in I.A.No.2198 of 2006. 9. Heard the learned counsel for the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he 1st appellant has paid the amount under the VDI Scheme, it cannot be reopened in view of the prohibition contained under Secs.69 and 70 of the Finance Act, 1997 and therefore the petitioners were not entitled to get the reliefs sought for. 11. We have gone through the pleadings in the writ petition, writ appeal and attendant documents and the counter affidavit filed by the 2nd Respondent. 12. Learned counsel for the appellants contended that tax paid by late Annamma Ouseph for the assessment .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Latest Happenings     ↓  

Article: SERVICES UNDER REVERSE CHARGE UNDER GST REGIME

Forum: Duty Drawback & Input Credit - under GST

Forum: Excise duty credit on finished stock at additional place of business.

Forum: Credit on Repair of Company Car & Its Insurance

Highlight: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017 - Notification

Highlight: Companies (Acceptance of Deposits) Second Amendment Rules, 2017 - Notification

Highlight: Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed by Circular 26/2017-Cus dated 1st July, 2017 and Circular 36/2017 dated 28 th August, 2017. — reg. - Circular

Highlight: Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 - Public Notice

Notification: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items 2012

Circular: Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20

Notification: Companies (Acceptance of Deposits) Second Amendment Rules, 2017

Notification: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017

Forum: Trans1 return

News: Exchange Rate of Foreign Currency Relating To Imported and Export Goods Notified

Circular: Promote the officers of the Indian Revenue Service (Customs and Central Excise) to the grade of Principal commissioner of customs, GST & CX

Circular: Allocate the charges amongst the Members of the Central Board of Excise and Customs

Circular: Strategy for audits in 2017-18 consequent to GST - Audit by Central Excise and service Department to continue for the accounting year 2016-17 and for the past period

Circular: Appoint the IRS (C&CE) officers as Principal Commissioner (Revision Application) and ex-officio Additional Secretary

Circular: Time limit for filing intimation for composition levy under Rule 3(1) of the CGST Rules, 2017 extended to 16-8-2017

Circular: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017

Circular: C.B.E. & C. Advisory on Customs related matters on introduction of Goods and Services Tax regime

Circular: List of Reduced Tax Liabilities under GST regime in comparison to present combined Indirect Tax rates

Circular: Works Contract for construction of Flats, Complex — Builders to pass on GST benefit to buyer otherwise anti-profiteering provisions of Section 171 of GST Act to apply

Circular: Clarification regarding applicability of section 16 of the IGST Act, 2017, relating to zero rated supply for the purpose of Compensation Cess on exports – Regarding.

Circular: Clarification on Inter-state movement of various modes of conveyance, carrying goods or passengers or for repairs and maintenance- regarding

News: RBI Reference Rate for US $

Highlight: Addition u/s 23(1)(a) - deemed rent - once the property is let out and at any point of time this remained vacant during the same cannot be brought to tax under the head House properties income.

News: Haryana constitutes screening committee on anti-profiteering

Highlight: Valuation of imported goods - it is necessary to re-examine the matter of both license agreement as well as supply contract simultaneously, to see if the enhanced royalty was in the guise of adjustment of the price of components.

Notification: Levy of anti dumping duty on New/unused pneumatic radial tyres with or without tubes and/or flap of rubber (including tubeless tyres) having normal rim dia code above 16 originating in, or exported from China PR

Highlight: Cenvat credit availed on Club Membership for the Director is not admissible as it cannot be said to be remotely connected with the activity of manufacture

Circular: Amendments in Hand Book of Procedures 2015-20 –reg.

News: Jaitley asks biz not to wait till last day to file GST returns

Circular: Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed by Circular 26/2017-Cus dated 1st July, 2017 and Circular 36/2017 dated 28 th August, 2017. — reg.

Article: 20 Things You must know about E Way Bills in GST Law

Article: ‘DUTY DRAWBACK’ CANNOT BE EQUATED WITH ‘REBATE OF DUTY’

Highlight: Notification regarding GST rate for branded cereal, pulses and flour

News: Notification regarding GST rate for branded cereal, pulses and flour

Highlight: Anti-dumping duty on import of bus/truck tyres from China

Highlight: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Non-payment of service tax - maintenance and repair charges - appellants had knowingly and deliberately shown the repair charges as job work charges to mislead about their taxability - demand confirmed.

Highlight: BAS - execution of the project of smart card for vehicle registration – implementing the SOC-VRC project - The fact that the Government has outsourced some part of the work and paid certain consideration for such outsourced work, does not make the activity subject to service tax.

News: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Constitution of National Anti-profiteering Authority (NAA) under GST-reg. - Trade Notice

Highlight: Amendments in Hand Book of Procedures 2015-20 –reg. - Various amendments are made in Chapter-4 of Hand Book of Procedures 2015-2020.

Circular: Constitution of National Anti-profiteering Authority (NAA) under GST-reg.

Highlight: Sharing of expenses - BAS - promotion of business of group companies - sharing of expenditure for common facilities cannot be treated as service by one to another in such arrangement.

News: RBI Reference Rate for US $

Article: Credit of unsold stock [Section 140(3)] - Actual Credit as well as Notional Credit - Part-I - GST Transitional provisions

Circular: Certain Clarifications sought on Construction Services provided in the Real Estate Sector – reg.



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version