Sec. 64(1)(iii) – taxcaselaw.com

Allahabad H.C : Whether, on the facts and in the circumstances of the case, interest on capital and accumulated profits, paid to minors is covered under s. 64(a)(iii) and 64(1)(iii) in the proceedings in response to notice under s. 148 of the IT Act, 1961 ?

High Court Of Allahabad Smt. Nisha Rani Agrawal vs. CIT Section 64(1)(iii), 147(c) Asst. Year 1976-77 to 1979-80 Sushil Harkauli & Ajai Kumar Singh, JJ. IT Ref. No. 36 of 1990 1st May, 2007 Counsel Appeared : V. K. Rastogi, for the Assessee JUDGMENT By the Court : The following two questions have been referred under …

Madras H.C : The share income of the minors who are beneficiaries of a trust which was a partner in a registered firm cannot be clubbed in the hands of the assessee under s. 64(1)(iii) of the IT Act

High Court Of Madras (Full Bench) CIT vs. K.J. Ramaswamy Sections 64(1)(iii), 64(1), Expln. 2A Asst. Years 1983-84, 1985-86 R. Balasubramanian, K. Mohan Ram & V. Dhanapalan, JJ. Tax Case No. 55 of 1996 7th August, 2006 Counsel Appeared Mrs. Pushya Sitaraman, for the Applicant : R. Vijayaraghavan, for the Respondent ORDER R. Balasubramanian, J. : …

Gujarat H.C : Whether the Tribunal is right in law and on facts in directing the ITO to tax the income of the estate in the hands of the assessee rather than to tax it in the hands of the beneficiaries or in the hands of the beneficiaries’ father under s. 64(1)(iii) of the Act ?

High Court Of Gujarat CIT vs. Abdulgafur A. Mistry Section 64(1)(iii), Expln. 2A Asst. Year 1982-83 & 1983-84 R.S. Garg & M.R. Shah, JJ. IT Ref. No. 167 of 1995 25th July, 2006 Counsel Appeared : Tanvish U. Bhatt, for the Applicant : None, for the Respondent JUDGMENT R.S. GARG, J. : Mr. S.N. Soparkar, learned …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the interest credited to the account of the minor in the books of the firm was not includible in the total income of the assessee as per s. 64(1)(iii) of the IT Act, 1961 ?

High Court Of Allahabad CIT vs. Anand Swarup Aggarwal Section 64(1)(iii) Asst. Year 1978-79 R.K. Agrawal & K.N. Ojha, JJ. IT Ref. No. 11 of 1988 27th September, 2004 Counsel Appeared : Shambhoo Chopra, for the Revenue : Rithik Upadhayaya, for the Assessee JUDGMENT R.K. Agrawal, J. : The Tribunal, Allahabad, has referred the following question …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the investments made with the firm M/s Jahanganj Cold Storage by the minors Ajit Kumar and Sujit Kumar were not on capital account but were mere deposits ?

High Court Of Allahabad CIT vs. Subhash Chand Section 64(1)(iii) Asst. Year 1977-78, 1978-79 R.K. Agrawal & K.N. Ojha, JJ. IT Ref. No. 217 of 1983 3rd August, 2004 Counsel Appeared A.N. Mahajan, for the Revenue : None, for the Assessee JUDGMENT By the court : The Tribunal, Allahabad, has referred the following three questions of …

Madras H.C : The assessee’s minor children had been admitted to the benefits of a partnership of which the assessee and his mother were partners.

High Court Of Madras V.R. Chinnan Chettiar vs. CIT Section 64(1)(iii) R. Jayasimha Babu & S.R. Singharavelu, JJ. Tax Case Nos. 59 & 228 of 2000 17th December, 2003 Counsel Appeared : N. Quadir Huzzain, for the Assessee : Mrs. Pushya Sitaraman, for the Revenue JUDGMENT R. Jayasimha Babu, J. : The assessee’s minor children had …

Uttaranchal H.C : Whether, the Tribunal erred in holding that the provisions of s. 64(1)(iii) r/w the Expln. 2A were attracted particularly when the minor children of the assessee were not entitled to any right to the trust funds including the income from the trusts until they attained the age of majority ?

High Court Of Uttaranchal Manik Chandra vs. Assistant Commissioner Of Income Tax Sections 64(1)(iii), Expln. 2A Asst. Year 1980-81 S.H. Kapadia, C.J. & M.M. Ghildiyal, J. IT Appeal No. 2 of 2003 24th October, 2003 Counsel Appeared Arvind Vashishth, for the Appellants : P. Maulekhi, for the Respondent JUDGMENT S.H. Kapadia, C.J. : The above two …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the learned Tribunal was, in law, justified in holding that the payment of salary to the assessee’s wife, Smt. Lajja Kaul, was not covered by the provisions of s. 64(1)(ii) of the IT Act, 1961 ?

High Court Of Allahabad CIT vs. Major B. K. Kaul Section 64(1)(ii) Asst. Year 1982-83, 1983-84 M. Katju & Umeshwar Pandey, JJ. IT Ref. No. 194 of 1992 30th September, 2003 JUDGMENT By the court : This is a reference under s. 256(1) of the IT Act, 1961, in which the following question has been referred …

Andhra Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the share income derived by the minor Shri T. Surya Baparao by reason of his admission to the benefits of partnership should be regarded as share income of the HUF represented by the minor ?

High Court Of Andhra Pradesh CIT vs. Smt. T. Suryamani Kothavalasa Sections 64(1)(iii) Bilal Nazki & S. Ananda Reddy, JJ. Case Refd. No. 228 of 1991 24th April, 2003 Counsel Appeared S.R. Ashok, for the Applicant : None, for the Respondent JUDGMENT S. Ananda Reddy, J. : At the instance of the Revenue, the Income-tax Appellate …

Andhra Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law, in holding that the share income of the assessee’s minor children was assessable in the firm under s. 182(3) of the IT Act and that it could not be included in the hands of the non-resident assessee in his individual assessment under s. 64(1)(iii) of the Act ?

High Court Of Andhra Pradesh CIT vs. B. Narasimha Rao Sections 2(23), 64(1)(iii), 182(3) B. Sudershan Reddy & N.V. Ramana, JJ. Refd. Case No. 334 of 1991 31st January, 2003 Counsel Appeared S.R. Ashok, for the Revenue : K. Raji Reddy, for the Assessee JUDGMENT B. Sudershan Reddy, J. : The CIT, Andhra Pradesh-I, Hyderabad, required …

Category: Sec. 64(1)(iii)