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Union Of India And Anr vs Azadi Bachao Andolan And Anr on 7 October, 2003

In Union of India and Anr. v. Azadi Bachao Andolan and Anr [(2004) 10 SCC 1], it was held that a circular issued by the Central Board of Direct Taxes(CBDT) was not inconsistent with the provisions of the Income-Tax Act and was valid and efficacious. The assessing officers chose to ignore the guidelines and hence the CBDT was justified in issuing "appropriate guidelines" under Circular No. 789. The said Circular does not in any way crib, confine or cabin the powers of the assessing officers with regard to any particular assessment. It merely formulates broad guidelines to be applied in the matter of assessment of the assesses covered by the provisions of the Indo - Mauritius Double Taxation Avoidance Convention, 1983.
Supreme Court of India Cites 94 - Cited by 747 - Full Document

Commissioner Of Income Tax,Mumbai vs Anjum M.H.Ghaswala & Ors on 18 October, 2001

In Commissioner of Income Tax v. Anjum M.H. Ghaswala and Ors. [(2002) 1 SCC 633], it was pointed out that the circulars issued by CBDT under Section 119 of the Income Tax Act have statutory force and would be binding on every income-tax authority although such may not be the case with regard to press releases issue by the CBDT for information of the public.
Supreme Court of India Cites 44 - Cited by 678 - Full Document

Uco Bank, Calcutta vs Commissioner Of Income-Tax, West ... on 13 May, 1999

In UCO Bank v. CIT [(1999) 4 SCC 599], this Court opined that "the circulars as contemplated therein cannot be adverse to the assessee." Thus, the authority which wields the power for its own advantage when required to wield it in a manner it considers just by relaxing the rigour of the law or in other permissible manners as laid down in Section 119. The power is given for the purpose of just, proper and efficient management of the work of assessment and in public interest.
Supreme Court of India Cites 16 - Cited by 563 - S V Manohar - Full Document
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