AI Overview...
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Untaxed Amount in Act 138 - The sources indicate that under various laws and cases, the concept of untaxed amount generally refers to income or amounts that have not been subject to tax assessment or have been improperly taxed. For example, in the context of the Income Tax Act, 1961, an untaxed amount may involve reimbursements received as salary or costs that are not taxable under specific provisions like section 90(vii) or Article 12 of the India-Japan DTAA Assessee vs Revenue - Income Tax Appellate Tribunal. Similarly, in tax assessments, amounts declared as untaxed or under-assessed are often linked to discrepancies identified during audits or voluntary disclosures, such as Rs. 8 lakh declared untaxed from 1948-1962 Bengal Tar Products VS Income-tax Officer - Income Tax Appellate Tribunal.
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Legal and Procedural Aspects - The legal framework emphasizes that amounts not properly taxed or declared, whether in assessments or disclosures, can be considered untaxed. Certain legal provisions, like Section 138, relate to the recovery or handling of such amounts, while court cases highlight that undisclosed or under-assessed amounts are subject to penalties or penalties' reduction if properly disclosed Bengal Tar Products VS Income-tax Officer - Income Tax Appellate Tribunal.
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Reimbursements and Salary Components - Reimbursements received as costs or expenses, if classified as salary or income, can be considered untaxed if not properly included in the assessment, as discussed in the context of international tax treaties and domestic law Assessee vs Revenue - Income Tax Appellate Tribunal.
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Implications for Tax Assessment and Disputes - Cases involving voluntary disclosures or assessments reveal that the identification of untaxed amounts often triggers legal proceedings, penalties, or demands for recovery, emphasizing the importance of proper tax compliance and accurate reporting of income Assessee vs Revenue - Income Tax Appellate Tribunal, Bengal Tar Products VS Income-tax Officer - Income Tax Appellate Tribunal.
Analysis and Conclusion:
The untaxed amount under Act 138 or related tax laws primarily refers to income or sums that have not been correctly included or assessed in tax returns. These can arise from reimbursements, undisclosed income, or improper assessments. Legal provisions and case law underscore the importance of transparent disclosure and proper assessment to avoid penalties. The main insight is that untaxed amounts are subject to scrutiny under tax laws, and proper classification and declaration are crucial for compliance.
Search Results for "Untaxed Amount in Act 138"
2024 Supreme(Online)(ITAT) 2601 • India - Income Tax Appellate Tribunal (Bangalore Bench)
SHRI CHANDRA POOJARI, ACOUNTANT MEMBER, SMT BEENA PILLAI, JUDICIAL MEMBER
(A) Income Tax Act, 1961 - Sections 143(3), 144C(13), 9(1)(vii), 234B, 270A, and Article 12 of India-Japan DTAA - Appeal against ... It is submitted that the amount paid by assessee to family of seconded employees was received as cost reimbursement from Indian AE. ... DRP has erred in not appreciating the fact that the reimbursement amount constitutes salary which is not taxable as FTS as per the provisions of section 90)(vii) of the Act and Article 12 of India – Japan DTAA. 3.7. ... It has not been analysed whether ther....
2021 0 Supreme(SC) 583 • India - Supreme Court
D.Y.CHANDRACHUD, M.R.SHAH
89(5), in furtherance of Section 54(3) - person claiming refund of any tax and interest, if any, paid on such tax or any other amount ... 1961 - Section 80-HHC(3) - IT Act - Section 2 - Finance Act, 1994 - Claim for refund of accumulated ITC - Envisaging a refund - ... Constitution of India,1950 - ARTICLES 226, 14, 246A, 366(12A) , 265 , 279A(4) , 14 AND 19(1)(G) - CGST Act ... (ii) The amount available in the electronic cash ledger may be used for making any payment towards tax, interest, penalty, fee....
2011 0 Supreme(Mad) 1210 • India - Madras
VINOD K.SHARMA
under the Land Acquisition Act, 1894 (the Acquisition Act). ... the Acquisition Act). ... the Acquisition Act. ... an amount calculated at 10% of the amount determined under sub-section (1), for that land. ... Determination of amount payable as compensation: (1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority. ... It will not be denied that a s....
2025 Supreme(Online)(ITAT) 3814 • India - Income Tax Appellate Tribunal (Jaipur Bench)
Rathod Kamlesh Jayantbhai, AM
other banking mode equivalent amount would have been received in cash. ... In such situation only peak amount could have been added. Therefore if at all addition could have been made the same has to be for peak amount only. Your honour is sincerely requested to consider above submissions favorably and allow the appeal in toto. ... of income-tax calculated on income referred to in section 68, section 69, section 69A, section 698, section 69C or section 69D, at the rate of thirty per cent, and (b) The amount of income-tax ....
1946 0 Supreme(Cal) 101 • India - Calcutta
The assessee company, a mutual life assurance company, was exempted from the provisions of the Indian Life Assurance Companies Act ... is the amount for the purpose of assessment to income tax, which amount is not obtained by reference to the income, profits and gains of the previous year. ... There was no question arising about calculating an amount of profits. Here the question is, what is the amount of the profit made by the assessee ? This entails the question what is the amount of....
2017 0 Supreme(Mad) 1793 • India - Madras
RAJIV SHAKDHER, R.SURESH KUMAR
Clause (ii) of Sub-Section (2) of Section 19 of the 2006 Act is, thus, declared bad in law. ... Writ petition challenging the validity of Section 19(2)(ii) and 19(4) of the Tamil Nadu Value Added Tax Act, 2006 (in short 'the ... 2006 Act') on the ground that the said provisions violate, Articles 14, 19(1)(g), 301 and 304(a) & (b) of the Constitution of India ... It is because consumption will tend to shift towards untaxed items, the prices of those items and the items used to produce them will increase while the prices o....
2019 0 Supreme(Mad) 1095 • India - Madras
S.MANIKUMAR, SUBRAMONIUM PRASAD
Constitution of India,1950 – Article 14 and 226 - Tamil Nadu Acquisition of Land for Industrial Purpose Act ... Chapters IX and X deal with determination of the compensation as well as the payment of the amount under the New Act. ... 9. ... However, under Sec.24 of the Tamil Nadu Highways Act, when the amount is not paid or deposited on or before taking possession of the land, the Government shall pay the amount determined with interest thereon at the rate of nine percent per annum fro....
2009 0 Supreme(All) 1260 • India - Allahabad
V.K.SHUKLA, A.P.SAHI, VIKRAM NATH, S.K.JAIN, JANARDAN SAHAI
(A) Contempt of Courts Act, 1971—Sections 12 and 14(3)—Statements of fact contained in order passed by High Court—Holding contemnor ... [Paras 30 to 35 and 37 to 39] ... (B) Contempt of Courts Act, 1971—Sections ... powers to frame rules for regulating conditions under which an advocate can exercise his right to practice—After referring Advocates Act ... So long the conduct of the advocate does not amount to insult to the court, he may not be held up for contempt. Summary power of punishing for contempt is used sparingly....
2009 0 Supreme(All) 1272 • India - Allahabad
S.K.JAIN, JANARDAN SAHAI, V.K.SHUKLA, A.P.SAHI, VIKRAM NATH
The withdrawal of that privilege, however, does not amount to suspending or revoking his licence to practice as an Advocate in other Courts or Tribunals.” ... So long the conduct of the advocate does not amount to insult to the Court, he may not be held up for contempt. Summary power of punishing for contempt is used sparingly and only in serious cases. ... This act of Smt. Sadhana Upadhyay amounts to Criminal Contempt under the Contempt of Courts Act and, therefore, why she be not punished for committi....
• India - Income Tax Appellate Tribunal
V.P.ELHENCE, K.C.SRIVASTAVA
From this petition it would appear that according to the assessee’s admission the income earned had not been properly taxed by the Department and according to the assessee’s admission the untaxed amount for the whole period starting from 1948 to 1962 was Rs. 8 lacs. ... In this voluntary disclosure it had been stated by the assessee that the assessments made were not proper and adequate and out of Rs. 13,63,304 earned during this period, Rs. 8,00,000 had remained untaxed. ... On this basis it was argued that there should be no....
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