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

Jan 02 2001

Muthoottu Mini Kuries Vs. Deputy Commissioner of Income-tax and Anr.

  • Decided on : 02-Jan-2001

Court : Kerala

Reported in : [2001]250ITR455(Ker)

... available on that day, no hearing had been held. thereafter no opportunity for hearing had been given, but exhibit p-7 had followed. the said order passed under section 142(2a) of the income-tax act, 1961 required the petitioner to get their accounts, pertaining to the previous years relevant to the assessment years, audited by a chartered accountant nominated. it had been claimed that such ... decisions, that an objective assessment was mandatory and an opinion has to be formed, in definite terms, before adopting the procedure prescribed by section 142(2a) of the act.4. a statement had been filed by standing counsel for the income-tax department, based on the instructions received from the department. highlighting the points, standing counsel submitted that it was found, that the petitioner had ... come to the conclusion that permission from the commissioner of income-tax has to be obtained for a fresh audit. this in fact shows that it was not because of the complexity of accounts that such a decision was taken. and it is not a contingency referred to in section 142(2a) of the act. even though it was suggested, as regards the remuneration element ...

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Aug 04 1976

Narendrakumar J. Modi Vs. Commissioner of Income Tax, Gujarat II, Ahme ...

  • Decided on : 04-Aug-1976

Court : Supreme Court of India

Reported in : AIR1976SC1953; [1976]105ITR109(SC); (1976)4SCC456; [1977]1SCR112; 1976(8)LC733(SC)

... time were partly paid. the income-tax authorities took steps for realization of the income tax dues against the appellant's family and got attached various properties. in civil suit no ... were also dismissed. notices were being issued and served under sections 22 and 23 of the income tax act, 1922 for the assessment years which were governed by the said act. in respect of the assessment years 1962-63 onwards notices were issued and served under sections 142 and 143 of the income tax act, 1961. a large sum of tax and penalty became due as the demands from time to ... the family. at the enquiry the statements of various persons including the appellant were recorded by the income-tax officer. he, by his order, dated january 28, 1960 disallowed the claim under section 25a of the income-tax act, 1922. it is asserted that in the year 1961 a suit for partition had also been filed and the city civil court ahmedabad passed a decree for ... partition on june 30, 1965. in an appeal filed before the appellate assistant commissioner from the order of the income-tax officer dated january 28, 1960 ...

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Mar 10 1999

Pradeep Maheswari Vs. Commissioner of Income-tax and Ors.

  • Decided on : 10-Mar-1999

Court : Kerala

Reported in : (1999)156CTR(Ker)337; [2001]250ITR453(Ker)

... order under section 142(2a) directing the assessee to get his accounts audited by shri t. n. radhakrishnan, chartered accountant. ... the assessee filed a return of income on november 2, 1992. not satisfied with the account and considering the nature of business and the accounting operation, on february 3, 1995, a proposal was sent to the commissioner of income-tax, cochin, requesting for a special audit under section 142(2a) of the income-tax act, 1961. the commissioner of income-tax approved the audit and issued an ... the assessment was completed levying a tax of rs. 7,60,433. the chartered accountant submitted a bill with ... of the bill amount, namely, rs. 97,000 was determined under section 142(20) as expenses and fees of audit under section 142(2a). the petitioner challenges exhibit p-l order. on going through exhibit p-l order, it can be seen that the chief commissioner of income-tax has applied his mind and 30 per cent, of the bill of ...

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Jul 28 1983

Swadeshi Polytex Ltd. Vs. Income-tax Officer, Ghaziabad

  • Decided on : 28-Jul-1983

Court : Supreme Court of India

Reported in : AIR1983SC977; (1983)3CompLJ48(SC); [1983]144ITR171(SC); 1983(2)SCALE406; (1984)1SCC190

... obviously the appellant could not be held responsible. there is no default nor failure to comply with the direction issued under section 142(2a) on the part of the appellant company so as to attract the provisions of section 144(b) of the income tax act, 1961. in all the circumstances of the case, we set aside the impugned judgment of the high court as well as ... . 21 of 1976 under section 397 etc. of companies act 1956 is now disposed of, we direct the concerned commissioner of income tax to nominate within one month from today either the same chartered ... feel that a fresh audit of the appellant company's accounts for the concerned year under section 142(2a) of the income tax act, 1961 should be undertaken before the final assessment is made. since the company petition no ... the 'best judgment' assessment made by the then income-tax officer, special ward, ghaziabad for the assessment year 1974-75.2. however, we ...

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Jun 30 1980

Swadeshi Polytex Ltd. Vs. Income-tax Officer, Special Ward

  • Decided on : 30-Jun-1980

Court : Allahabad

Reported in : (1981)21CTR(All)54; [1981]127ITR287(All); [1980]4TAXMAN490(All)

... the audit and intimation was sent to you well in advance. it is not within the provisions of section 142(2a) of the income-tax act, 1961, where the accounts have not been taken for audit. since the auditor has addressed the letter to the commissioner of income-tax and endorsed the copy to you the position was quite clear and you were fully aware of the legal ... accounts on which such return is based.' 32. clause 44 by which section 142 of the act was proposed to be amended ran as follows (p. 52):'44. in sub-section (1) of section 142 of the income-tax act, for the words, brackets and figures 'or upon whom a notice has been served under sub-section (2) of section 139', the words, brackets and figures 'or to whom a notice ... has been issued under sub-section (2) of section 139' shall be substituted.'33. the bill, however, contained no ... ltd., ghaziabad, and in the interest of revenue i am of the opinion that it is necessary to do so, i direct you under section 142(2a) of the i.t. act, 1961, with the previous approval of the commissioner of income-tax, meerut, to get the accounts audited by sri k. annadhanam of m/s. khanna and annadhanam, chartered accountants, new delhi, who has been ...

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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)

... 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 be satisfied that the accounts of the assessee arc of a complex nature, and, in ... u.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 fact ... 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 and the interests of the revenue, before an approval is sought for, the assessing authority must form an opinion as regards the ... 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 circumstances of the ...

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Sep 15 1997

Krishna Mohan Banik Vs. Income-tax Officer

  • Decided on : 15-Sep-1997

Court : Guwahati

... article 226 of the constitution, the petitioner has prayed for quashing the notices dated october 27, 1992, and november 13, 1992, issued by the income-tax officer, ward-ii, silchar, under sections 143(2) and 142(1), respectively, of the income-tax act, 1961, for the assessment year 1990-91.2. the facts briefly are that the petitioner, sri krishna mohan banik, is a partner of jagannath bhandar ... , etc., for the purpose of assessment regarding transfer of case, he stated that section 127 of the income-tax act, 1961, provides a remedy to the assessee when he desires transfer of his assessment file.10. section 142(1) of the income-tax act, 1961, is quoted hereinbelow : '142. (1) for the purpose of making an assessment under this act, the assessing officer may serve on any person who has made a return ... , should assess the petitioner on transfer of the assessment file to him.9. mr. g.k. joshi, learned counsel appearing for the income-tax department, on the other hand, pointed out that under the provisions of section 142(1) of the income-tax act, 1961, the assessing officer has been vested with the power to require production of books of account relating to a period not more than ...

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Jul 02 1999

Joint Commissioner of Income-tax Vs. I.T.C. Ltd. and Anr.

  • Decided on : 02-Jul-1999

Court : Kolkata

Reported in : [1999]239ITR921(Cal)

... of operation of the order appointing special auditor. the assessee has challenged the impugned order dated may 4, 1999, on the ground that before issuing of notice under section 142(1) of the income-tax act, 1961, the income-tax officer has not applied his mind, and that it is not possible to comply with the direction referred to in the said notice.2. as both the appeals ... reads as under (page 638) :'the board have laid down the following guidelines for selection of cases for audit under section 142(2a) of the income-tax act, 1961, 2. as regards companies, only those cases are to be referred for special audit where ; (i) there are reports of misfeasance, gross neglect or breach of duty on the part ... are connected, whether the accounts of the assessee be audited by the special auditor appointed under section 142(2a) of the act or whether the assessing officer should look into the accounts ... not possible to ascertain the true profits by the assessing officer. therefore, there was a proposal for the appointment of the special auditor under section 142(2a) of the act. considering the letter of the assessing officer, the commissioner of income-tax has issued the notice to the assessee, as to why the special auditor should not be appointed. after hearing the assessee and considering ...

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Aug 13 2002

Joint Commissioner of Income-tax (Assessment) and Ors. Vs. George Will ...

  • Decided on : 13-Aug-2002

Court : Guwahati

... , and the audit report and other relevant documents and papers. the company then received a notice under section 142(1) and another notice under section 143(2) of the income-tax act, 1961 (hereinafter for convenience shall be called as 'the act of 1961'), both dated january 24, 1992. then the company received a letter dated july 28, 1993, requiring the company to furnish substantial details/documents/information, covering ... . 19. from the aforesaid decisions of the highest court of the land, the propositions of law under section 147 and section 148 of the income-tax act, 1961, are settled, which are, that, to proceed under section 147 of the act, the income-tax officer must have reason to believe that income chargeable to tax has been underassessed and that in cases of assessment proceedings initiated after four years from the end ... exercise of jurisdiction by the authority for issue of notice of reassessment. the reason so given by the assessing authority for initiating proceedings for reassessment, exercising powers under section 147 and section 148 of the income-tax act, 1961, are justiciable. the court has jurisdiction and authority to satisfy itself whether, in fact, the assessing authority had reason to believe, taking into consideration whether the reason ...

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Oct 04 2004

Commissioner of Income-Tax Vs. Vijay Kumar Rajendra Kumar and Co.

  • Decided on : 04-Oct-2004

Court : Madhya Pradesh

Reported in : (2005)193CTR(MP)245; [2004]271ITR337(MP)

... the following two questions of law :'1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the direction issued by the assessing officer for special audit under section 142(2a) of the income-tax act, 1961, was arbitrary and illegal and, therefore, the time taken in special audit cannot be excluded ?2. whether, on ... the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in cancelling the assessment on the ground that the same ... question is, whether the direction given by the assessing officer to the assessee to get the accounts audited in terms of section 142(2a) of the act can be upheld in the facts of the case. in the opinion of the commissioner of income-tax (appeals), the directions are legal, proper and were rightly issued by the assessing officer to the assessee. this is ... instead, we hold that the assessing officer was justified in issuing a direction for special audit under section 142(2a) of the act and that the time taken in special audit can be excluded. we also hold by answering the second question that the income-tax appellate tribunal was not justified in cancelling the assessment on the ground that the/same is barred by ...

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