Search Results Page
Search Results
1 - 10 of 13 (0.18 seconds)The Finance Act, 1996
Section 221 in The Income Tax Act, 1961 [Entire Act]
The Taxation Laws (Amendment) Act, 2006
The Commissioner Of Income-Tax vs Life Insurance Corporation Of India And ... on 7 December, 1970
4. It would be sufficient if I refer to the judgment of the Honourable Madhya Pradesh High Court in the case of CIT v. Life Insurance Corporation of India. In that case, in accordance with the provisions of Section 206 of the Act, the Divisional Manager of the Life Insurance Company of India, Sagar filed for the assessment year 1977-78, the annual return of salary in respect of its employees showing the amount of tax deductible under Section 192 of the Act. The ITO noticing that tax was not properly deducted in the case of some of the employees recomputed the income of those employees and demanded under Section 201 of the Act, the additional tax that should have been deducted under Section 201 of the Act by the LIC. The CIT(A), however, allowed the first appeal because the employees had paid their proper taxes. The Tribunal though dismissed the Revenue's appeals but gave reference of the following reproduced question under Section 256(1) of the Act:-,
Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that where regular assessment of an employee has been completed and the amount of tax fully paid by him, the ITO(TDS) has no jurisdiction under Section 201 of the Act, 1961, to demand further tax from the employer in respect of the tax short deducted relating to such employed?
Section 194 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax vs Divisional Manager, New India ... on 19 July, 1982
5. The Honourable High Court in view of its earlier decision in the case of CIT v. Divisional Manager, New India Assurance Co. Ltd. [1983] 140 ITR 818 (MP)in which it had been held that where the regular assessment of an employee had been completed and the amount of tax fully paid, the ITO, Salary Circle had no jurisdiction under Section 201 of the Act to demand further tax from the employer in respect of the tax short deducted in respect of the employee, answered the question in the affirmative, i.e. against the Department and in favour of the assessee. In the said case, there was no question of applicability of provisions of Section 201(1A) which is an independent and separate provision and which is without prejudice to Sub-section (1) of Section 201.