Law:

Section:

Section 264 of the Income-tax Act, 1961, read with article 226 of the Constitution of India - Revision - Of other orders - Whether order of Commissioner rejecting assessee's application for revision under section 264 is amenable to writ jurisdiction of High Court - Held, yes - Whether Commissioner can pass an order prejudicial to interests of assessee - Held, no Section 17(2) of the Income-tax Act, 1961 - Salary - Perquisite - Assessee, a nonresident, was paid salary and provided rent-free accommodation in India by his foreign employer and as per agreement employer agreed to pay tax on assessee's taxable salary - ITO determined tax liability by first finding salary and then perquisites, adding the two and then computing the amount which would have left this as tax-free salary - Whether grossing up was rightly done in instant case -Held, no - Whether employer-company's tax liability was limited to tax payable on assessee's taxable salary and if because of such payment of tax there was further tax liability, it had to be borne by assessee - Held, on facts, yes Section 237 of the Income-tax Act, 1961 - Refunds - Person entitled to - Assessee's employer-company paid tax on his taxable salary under an agreement -Whether if on proper determination of assessee's tax liability, refund became due out of tax paid, refund could be made to employer-company who had paid tax - Held, yes Facts The assessee, a non-resident, was the area manager in Delhi for a foreign airlines. He received tax-free salary and rent-free accommodation. The agreement between the assessee and the company provided that payment of any local Indian income-tax on the above salary and allowances will be a company's responsibility. During the accounting years relevant for the assessment years 1971-72 and 1972-73, the assessee's taxable income was calculated. The ITO had determined the tax liability by first finding the salary and then the perquisites, adding the two and then computing the amount which would have left this as a tax-free salary. On the assessee's revision application under section 264, the Commissioner held that the calculation made by the ITO was correct. On writ petition, the assessee…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492