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Judgment Search Results Home  Phrase:income tax act 1961 section 142

Apr 25 1969

Official Liquidator, High Court, Calcutta Vs. Commissioner of Income T ...

  • Decided on : 25-Apr-1969

Court : Kolkata

Reported in : AIR1970Cal349,[1971]41CompCas477(Cal),[1971]80ITR108(Cal)

... Section 446 of the Companies Act, 1956 and has asked 'that the proceedings under Sections 142(1) and 143 of the Income-tax Act, 1961, initiated by the Income-tax Authorities against the company be stayed.'3. Section 142 of the Income-tax Act, 1961 deals with enquiry before assessment and Section 142(1) provides as follows :'(1) For the purpose of making an assessment under this Act, the Income-tax ... Act, 1956 and has asked 'that the proceedings under Sections 142(1) and 143 of the Income-tax Act, 1961, initiated by the Income-tax Authorities against the company be stayed.'3. Section 142 of the Income-tax Act, 1961 deals with enquiry before assessment and Section 142(1) provides as follows :'(1) For the purpose of making an assessment under this Act, the Income-tax Officer may serve on any person who has made a return under Section ... Income-tax Act, 1961, initiated by the Income-tax Authorities against the company be stayed.'3. Section 142 of the Income-tax Act, 1961 deals with enquiry before assessment and Section 142(1) provides as follows :'(1) For the purpose of making an assessment under this Act, the Income-tax Officer may serve on any person who has made a return under Section 139 or upon whom a notice has been served under Sub-section (2) of Section ...

Feb 23 2007

Manish Maheshwari Vs. Asstt. Commissioner of Income Tax and Anr.

  • Decided on : 23-Feb-2007

Court : Supreme Court of India

Reported in : AIR2007SC1696; (2007)208CTR(SC)97; [2007]289ITR341(SC); JT2007(4)SC104; 2007(3)SCALE627; (2007)3SCC794

... terms:If a summons under Sub-section (1) of Section 131 of the Income Tax Act, 1961 or under Sub-section (1) of Section 142 of the Income Tax Act, 1961 is issued to Shri Rameshwar R. Maheshwari, Smt. Lalita Devi.To produce, or cause to be produced, books of accounts or other documents of the institution or relevant proceedings under the Income Tax Act, 1961 he would not produce or ... Section 158BD of the Act read with Section 2(31) thereof. The Block Assessment Period is 1987-88 to 1995-96. The search was conducted on 21.11.1995, where for a warrant of authorization was issued on 15.10.1995 in the following terms:If a summons under Sub-section (1) of Section 131 of the Income Tax Act, 1961 or under Sub-section (1) of Section 142 of the Income Tax Act, 1961 ... the Indian Income Tax Act, 1922 or the Income Tax Act, 1961.5. We may also notice that purported compliance of Section 158BD was sought to be made by issuing a notice to the Company on 06.02.1996, which is as under:ToIndore Construction Co. Pvt. Ltd.380, Jawahar Marg,IndoreIn pursuance of provisions of the Section 158BC of the Income Tax Act, 1961, you ... of provisions of the Section 158BC of the Income Tax Act, 1961, you are requested to prepare a true and correct return of your total income including the undisclosed income in respect of which you as individual / HUF / Firm / Company / AOP / Body of individual/local authority are assessable for the block period mentioned in Section 158B(a) of the Income Tax Act, 1961.The return ...

Feb 18 2004

West Bengal State Co-operative Bank Ltd. Vs. Joint Commissioner of Inc ...

  • Decided on : 18-Feb-2004

Court : Kolkata

Reported in : (2004)190CTR(Cal)245,[2004]267ITR345(Cal)

... 2003, passed by the Commissioner of Income-tax, Calcutta-700 021, appointing Shri P. K. Agarwala as a special auditor under Section 142(2A) of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act'), and also incidentally the vires of Section 142(2A) of the said Act in so far as it covers the same field as Section 44AB of the said Act as regards its constitutionality. However, ... and purport of Section 142(2A) of the said Act has been pleased to hold that (headnote) :'Section 142(2A) of the Income-tax Act, 1961, enables the assessing authority to direct the accounts to be audited in the event of complexity of the accounts. This power can be exercised in respect of all assessees. A bare perusal of Sub-section (2A) of Section 142 leaves no manner ... Assessing Officer should have a satisfaction that the accounts of the assessee are complex in nature. This decision can be made only after seeing the accounts. Under Section 142 of the Income-tax Act, 1961, which provides for enquiry before assessment, the Assessing Officer is obliged to serve a notice on the assessee to produce or cause to be produced such accounts ... of this court while relying on the aforesaid three decisions has held on almost similar lines that (headnote) :'The twin pre-conditions justifying the special audit under Section 142(2A) of the Income-tax Act, 1961, are the nature and complexity of the accounts and the interests of the Revenue. Before an approval is sought for, the assessing authority must form an ...

May 29 1990

Grindlays Bank Plc. Vs. Commissioner of Income-tax

  • Decided on : 29-May-1990

Court : Kolkata

Reported in : (1992)101CTR(Cal)164,[1994]207ITR454(Cal)

... Section 142 was merely trying to determine the tax payable by the assessee. It was a step taken for the purpose of computation of the total income and the tax payable thereon.13. Section 22 of the 1922 Act has been split up and reproduced in a number of sections. Section 142(1) of the Income-tax Act, 1961, substantially reproduces the provisions of Section 22(4) of the Indian Income-tax Act ... tax.'12. Therefore, the Income-tax Officer by issuing the notice under Section 142 was merely trying to determine the tax payable by the assessee. It was a step taken for the purpose of computation of the total income and the tax payable thereon.13. Section 22 of the 1922 Act has been split up and reproduced in a number of sections. Section 142(1) of the Income-tax Act, 1961, substantially reproduces the provisions of Section ... sections to determine the amount of tax.'12. Therefore, the Income-tax Officer by issuing the notice under Section 142 was merely trying to determine the tax payable by the assessee. It was a step taken for the purpose of computation of the total income and the tax payable thereon.13. Section 22 of the 1922 Act has been split up and reproduced in a number of sections. Section 142(1) of the Income-tax Act, 1961 ...

Mar 18 1971

Dhaniram Gupta & Co. Vs. Union of India (UOI) and Anr. (No. 2)

  • Decided on : 18-Mar-1971

Court : Kolkata

Reported in : [1973]89ITR288(Cal)

... Section 144 of the Income-tax Act, 1961, in respect of the firm, Dhaniram Gupta & Co., for the assessment year 1965-66. The main ground urged in this application was that documents have been seized by the income-tax department under Section 132 of the Income-tax Act, 1961, and, as such, it was not possible to comply with the notice under Sections 142(1) and 143(2) of the Income-tax Act, 1961 ... income-tax department under Section 132 of the Income-tax Act, 1961, and, as such, it was not possible to comply with the notice under Sections 142(1) and 143(2) of the Income-tax Act, 1961. I am unable to accept this contention. It has to be further noted that the order under Section 132 has not been challenged in this application. Merely because there has been a seizure under Section ... Section 132 of the Income-tax Act, 1961, and, as such, it was not possible to comply with the notice under Sections 142(1) and 143(2) of the Income-tax Act, 1961. I am unable to accept this contention. It has to be further noted that the order under Section 132 has not been challenged in this application. Merely because there has been a seizure under Section 132, in my opinion, Sections ... under Sections 142(1) and 143(2) of the Income-tax Act, 1961. I am unable to accept this contention. It has to be further noted that the order under Section 132 has not been challenged in this application. Merely because there has been a seizure under Section 132, in my opinion, Sections 143 and 144 of the Income-tax Act do ...

Mar 18 1992

Dhiraj A. Sharma Vs. Income-Tax Officer

  • Decided on : 18-Mar-1992

Court : Income Tax Appellate Tribunal (ITAT) - Mumbai

... Income-tax, Range 22, Bombay. Notice under sections 143(2) and 142(1) of the Income-tax Act, 1961, were issued and sent to the assessee along with a letter dated October 26, 1989, which reads as under : 'I am enclosing notices under sections 143(2) and 142(1) of the Income-tax Act, for the assessment-year 1987-88. Under the provisions of section 142(1) of the Income-tax Act ... income concealed pertained to the assessment year 1987-88, this assessment was also taken up for scrutiny after obtaining previous approval of the Deputy Commissioner of Income-tax, Range 22, Bombay. Notice under sections 143(2) and 142(1) of the Income-tax Act, 1961, were issued and sent to the assessee along with a letter dated October 26, 1989, which reads as under : 'I am enclosing notices under sections ... Income-tax Act, 1961?" 23. As the learned Members differed on the issue involved in the appeals, the President of the Income-tax Appellate Tribunal has referred the following question under Section 255(4) of the Income-tax Act, 1961 (" the Act"). " Whether, on the facts and in the circumstances of the case, the learned Commissioner (Appeals) was not justified in upholding the penalties levied under Section 271(l)(c) of the Income-tax Act, 1961 ...

Oct 12 2004

U.P. Financial Corporation through its Managing Director Vs. Joint Com ...

  • Decided on : 12-Oct-2004

Court : Allahabad

Reported in : (2005)199CTR(All)155; [2006]280ITR100(All)

... of the Assessing Authority for directing special audit under Section 142(2A) of the Act.19. In the case of Bata India Ltd. and Anr. v. Commissioner of Income Tax and Ors., : [2002]257ITR622(Cal) , the Calcutta High Court' has held as under:-'The twin pre-conditions justifying the special audit under Section 142(2A) of the Income Tax Act, 1961, are the nature and complexity of the accounts ... get the previous approval of the Chief Commissioner or Commissioner of Income Tax.11. This Court in the case of Swadeshi Cotton Mills Company Ltd. (supra) has held as under:-'The exercise of the power to direct special audit under Section 142(2A) of the Income Tax Act, 1961, depends upon the satisfaction of the Income Tax Officer with the added approval of the Commissioner. But he must ... P. State Handloom Corporation. Its employees and officers have to assist the auditors who have to dig out the old records for the purpose. Further, in terms of Section 142(2D) of the Income Tax Act, 1961, the expenses of the audit have to be borne by the assessee. Therefore, the audit is likely to place substantial financial burden on the assessee. The mere ... the respondent No. 1 (Annexure -V to the writ petition);B - a writ, order 01 direction, including a writ in the nature of mandamus, declaring the provisions of Section 142(2A) of the Income Tax Act as null, void, inoperative and unconstitutional; C - any other suitable writ, order or directions, which this Hon'ble Court may deem fit and proper in the ...

Nov 29 1999

Dr. A.K. Bansal Vs. Assistant Commissioner Of

  • Decided on : 29-Nov-1999

Court : Income Tax Appellate Tribunal (ITAT) - Allahabad

Reported in : (2000)73ITD49(All.)

... section 131 of the Income-tax Act, 1961 or a notice under sub-section (4) of section 22 of the Indian Income-tax Act, 1922 or sub-section (1) of section 142 of the Income-tax Act, 1961 is issued to Mr. Pradeep Kar (name of the person) to produce or cause to be produced, books of account or other documents which will be useful for or relevant to proceedings under the Indian Income-tax Act, 1922, or under the Income-tax Act, 1961 ... : If a summons under sub-section (1) of section 37 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 131 of the Income-tax Act, 1961 or a notice under sub-section (4) of section 22 of the Indian Income-tax Act, 1922 or sub-section (1) of section 142 of the Income-tax Act, 1961 is issued to Mr. Pradeep ... If a summons under sub-section (1) of section 37 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 131 of the Income-tax Act, 1961 or a notice under sub-section (4) of section 22 of the Indian Income-tax Act, 1922 or sub-section (1) of the section 142 of the Income-tax Act, 1961 is issued to Mr. Pradeep ... Income-tax Act, 1961 or a notice under sub-section (4) of section 22 of the Indian Income-tax Act, 1922 or sub-section (1) of the section 142 of the Income-tax Act, 1961 is issued to Mr. Pradeep Kar (name of the person) to produce or cause to be produced, books of account or other documents which will be useful for or relevant to proceedings under the Indian Income-tax Act, 1922, or under the Income-tax Act, 1961 ...

Sep 01 2006

Travancore Cements Ltd. Vs. Assistant Commissioner of Income Tax

  • Decided on : 01-Sep-2006

Court : Kerala

Reported in : (2008)219CTR(Ker)359; 2006(4)KLT344; [2009]179TAXMAN117(Ker)

... Assistant Commissioner of Income Tax directing the assessee to ensure compliance with the statutory notification issued under Section 143(2) and 142(1) of the Income Tax Act, 1961 without fail and also for other consequential reliefs.2. Petitioner is a company owned by the State Government engaged in the business of manufacture of cement and cement paints at Kottayam and is an assessee under the Income Tax Act 1961, on ... the Income Tax Act 1961, on the files of the second respondent. In respect of the assessment year 2000-2001 petitioner filed its original return on 28.11.2000 declaring a total income of Rs. 2,37,56,900/-. A revised return was filed on 05-01-2001 with a revised total income of Rs. 1,91,32,250/- along with the audit report under Section ... Income Tax Act as well as Ext.P8 notice under Section 142 of the Income Tax Act has embarked upon a roving enquiry on issues which are unconnected with the issue which forms the basis of proceedings initiated under Section 147 of the Act vide Exts.P5 and P6. It is trite law that general enquiry can be made only by issuing notice under Sub-section (2) of Section 143 ... Section 143(2) of the Income Tax Act as well as Ext.P8 notice under Section 142 of the Income Tax Act has embarked upon a roving enquiry on issues which are unconnected with the issue which forms the basis of proceedings initiated under Section 147 of the Act vide Exts.P5 and P6. It is trite law that general enquiry can be made only by issuing notice under Sub-section ...

Sep 26 2000

Vinod Goel and Ors. Vs. Union of India and Ors.

  • Decided on : 26-Sep-2000

Court : Punjab and Haryana

Reported in : [2001]252ITR29(P& H)

... . Singhvi, J.1. The petitioners have prayed for quashing of the search warrant issued by the Deputy Director of Income-tax (Investigation)-II. Jalandhar (respondent No. 3), under section 132 of the Income-tax Act, 1961 (for short, 'the 1961 Act'). They have also prayed for grant of a declaration that the search and seizure operation carried out at their premises on December 23, 1998, was ... that-- (a) any person to whom a summons under Sub-section (1) of Section 37 of the Indian Income-tax Act, 1922 (II of 1922), or under Sub-section (1) of Section 131 of this Act, or a notice under Sub-section (4) of Section 22 of the Indian Income-tax Act, 1922, or under Sub-section (1) of Section 142 of this Act was issued to produce, or cause to be produced, any books ... section 132 of the Income-tax Act, 1961 (for short, 'the 1961 Act'). They have also prayed for grant of a declaration that the search and seizure operation carried out at their premises on December 23, 1998, was illegal.2. The facts necessary for deciding this petition are that on December 8, 1998, search and seizure operation was carried out by the authorities of the Income-tax ... the concernedauthority has reason to believe that any person to whom a summons under Section 37(1) of the Indian Income-tax Act, 1922 (for short, 'the 1922 Act') or under Section 131(1) of the 1961 Act or a notice under Section 22(4) of the 1922 Act or under Section 142(1) of the 1961 Act was issued to produce or cause to be produced any books of account ...

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