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Judgment Search Results Home  Phrase:income tax act 1961 section 142  Page:7

Mar 18 1971

Dhaniram Gupta Vs. Union of India (UOI) and Anr. (No. 1)

  • Decided on : 18-Mar-1971

Court : Kolkata

Reported in : [1973]89ITR281(Cal)

... in such a case compliance was impossible but in this case it was not so. simply because there had been a seizure under section 132 of the income-tax act, 1961, section 142 and section 143 do not become inoperative ipso facto. the different sections of a statute should be read harmoniously, if possible. it might be that in a particular case the notice is in such ... that copies of the documents might be obtained from the income-tax officer. on the 25th august, 1969, messrs. s. k. sawday & co. wrote a letter to the income-tax officer asking for some specified documents. on the 19th january, 1970, notices under sections 142(1) and 143(2) of the income-tax act, 1961, issued by the income-tax officer, were seived on the petitioner. one of the ... in the case of in re sadarampuranehand, a.i.r. 1931 cal. 729 (cal.) [s.b.] for the proposition that the assessment under section 23(4) ofthe old act corresponding to section 144 of the income-tax act, 1961, was aserious thing and the assessee should be given reasonable opportunity. my attention was also drawn to the decision of the punjab high court in the ... is another aspect of the matter. if the petitioner's contention is that the petitioner did not have reasonable opportunity, the petitioner should have made an application under section 146 of the income-tax act, 1961. the petitioner did not make such an application. the petitioner has not stated any reason for not making such application. the petitioner moved this application under article ...

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Jan 07 2003

Gurunanak Enterprises and Bhagya Rekha Enterprises Vs. The Commissione ...

  • Decided on : 07-Jan-2003

Court : Delhi

Reported in : 2003IIAD(Delhi)193; (2003)180CTR(Del)203; 103(2003)DLT185; [2003]259ITR637(Delhi)

... d.k.jain, j.1. two orders, both dated 27 august 2001, passed by the deputy commissioner of income-tax circle 17(1), new delhi, under section 142(2a) of the income-tax act, 1961 (for short the act) ordering special audit of the accounts of the petitioners are under challenge in these two writ petitions.2. since the orders are in identical terms, passed in the cases of ... chand industries ltd. v. union of india , (1998) 100 (delhi) 570 and super cassettes industries ltd. v. assistant commissioner of income-tax (1999) 102 taxman 202 (delhi).11. we are not impressed with the contentions of learned counsel for the petitioner. section 142(2a), which has been the subject-matter of consideration by various high courts, reads as follows:'(2a) if at any stage ... counsel for the petitioner, that on the facts of both the cases, special audit in terms of section 142(2a) of the act was not warranted particularly when the assessing officer has not found any fault with the statutory tax audit report, submitted under section 44ab of the act; no complexity in the accounts had been found by any of the assessing officers for the past ...

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Jan 19 1987

R.B. Shreeram Durgaprasad and Fatechand Narsinghdas (Export Firm) Vs. ...

  • Decided on : 19-Jan-1987

Court : Mumbai

Reported in : (1987)64CTR(Bom)44; [1987]168ITR619(Bom)

... pursuant thereto, the assessee filed a return which too the income-tax officer found improper. he issued a notice to the assessee under section 142(1) of the income-tax act, 1961, requiring the production of its books of account. on february 26, 1969, the income-tax officer made the reassessment order under section 144 of the income-tax act, 1961. he held that the source of payments made to the maharajkumar ... (2) if the answer to question no. (1) is in the affirmative, whether the penalty imposed under section 271(1)(c) of the income-tax act, 1961, in relation to the return filed in the reassessment proceedings was valid and legal ?'2. the assessment year we are concerned with is the assessment year 1948 ... assessment year 1948-49 had been reopened under section 147(a) of the income-tax act, 1961, on the strength of the provision contained in section 297(2)(d)(ii) of the said act. this provision entitled the taxing authorities, notwithstanding the repeal of the indian income-tax act, 1922, to issue a notice under section 148 of the said act where, in regard to any assessment year after ... at the instance of the assessee, we have to answer two questions in this reference under section 256(1) of the income-tax act, 1961. the questions read thus :'(1) whether, on the facts and in the circumstances of the case, the action initiated under section 147(a) of the income-tax act, 1961, in march, 1965, for the assessment year 1948-49 was valid and legal ? ...

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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

... 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 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 cause to be produced, such books of accounts or ... .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 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 ... , bullion, jewellery or other valuable article or things represents either wholly or partly income or property which has not been, or would not be disclosed for the purposes of 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 ...

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Feb 29 2000

Additional CIT Vs. Kavita Construction (P) Ltd.

  • Decided on : 29-Feb-2000

Court : Rajasthan

Reported in : (2001)73TTJ(NULL)701

... particularly, the rule of audi alteram partem fully applies to assessment proceedings under the provisions of income tax act as it vitally affects the civil rights of the taxpayer. such principle of natural justice has been given a statutory recognition in section 142(3) of income tax act, 1961. the disallowance made by the assessing officer and partly confirmed by the commissioner (appeals) is clearly ... erroneous as disallowance out of wage payments has been made in apparent violation of section 142(3) and the well known principles of natural justice.18. however, ... before us pointed out that the appellant has maintained proper books of account which has duly been audited as per the provisions of the companies act, as well as under section 44ab of the income tax act, 1961. the assessing officer has not pointed out any defects in the books of account nor he has found any specific mistake or discrepancy in ... expert for cross-examination by the assessee. the reliance placed by the learned authorised representative on the report of the expert is clearly contrary to the specific provisions of section 142(3) and is also contrary to the principles of natural justice. in such a situation, the learned commissioner (appeals) should have either set aside the assessment ...

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Nov 26 2002

Mr. V.J.A. Flynn and Mr. Shyam Sunder Rastogi Vs. Union of India (UOI) ...

  • Decided on : 26-Nov-2002

Court : Delhi

Reported in : 2003(66)DRJ381; 2003(86)ECC129; 2003(159)ELT92(Del)

... . jain, j.) was a party, has been referred by mr. jayant bhushan. in that case, the challenge was to a notice under section 148 of the income tax act, 1961, and to the notices issued under sections 143(2) and 142(1) of the act, wherein while considering the expression 'reason to believe', it was held as under:'there must be some material which can be regarded as ... information, on the basis of which the assessing officer can have reason to believe that action under section 147 is called for. jurisdiction of ... the court to interfere is very limited, as court does not act ... us. the criminal proceedings are independent and do not affect the adjudication proceedings for confiscation of the antiquities which the petitioners were trying to export in contravention of section 3 of the antiquities act. the quashing of the prosecution has no bearing on the adjudication proceedings. even otherwise, a careful reading of the order dated 4th march, 1996 shows that the ...

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Apr 11 2008

Sahara India (Firm), Lucknow Vs. Commissioner of Income Tax, Central-I ...

  • Decided on : 11-Apr-2008

Court : Supreme Court of India

Reported in : (2008)216CTR(SC)303; 2008(226)ELT22(SC); [2008]300ITR403(SC); JT2008(6)SC83; 2008(6)SCALE733; 2008AIRSCW3665

... ) to the extent that it tends to lay down as an absolute proposition of law that in every case where the assessing officer issues a direction under section 142(2a) of the income tax act, 1961 (for short the act), the assessee has to be heard before such an order is passed. in other words, the bench of two learned judges have felt that it may not ... the petitioner placed reliance on a decision of this court in rajesh kr. and ors. v. deputy commissioner of income tax and ors. according to learned counsel for the petitioner, before any direction can be issued under section 142(2a) of the income tax act, 1961 (in short 'the act') for special audit of the accounts of the assessee, there has to be a pre-decisional hearing and an ... be necessary to afford an opportunity of hearing to an assessee before ordering special audit in terms of section 142(2a) of the act. this is the short controversy before us ... opportunity has to be granted to the assessee for the purpose. a close reading of the decision shows that the observations in this regard appear to have been made in the context of the assessments in terms of section ...

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Nov 19 1999

K. Inbasagaran Vs. Assistant Commissioner of Income-tax

  • Decided on : 19-Nov-1999

Court : Chennai

Reported in : [2001]247ITR528(Mad)

... the assessment years 1991-92, 1992-93 and 1993-94 which was required to be furnished under sub-section (1) of section 139 and by the notice issued under sections 142(1) and 148 and thereby committed an offence punishable under section 276cc of the income-tax act, 1961, and within my cognizance.'19. thus, a single charge is framed in respect of three distinct and different offences. the ... 1993-94 within due time and in spite of repeated statutory notices and, therefore, he has committed specific offences and is liable to be proceeded for each offence under section 276cc of the income-tax act, 1961.24. in fact, the three complaints were taken on file by the magistrate and assigned three different case numbers, viz., ccs. they were numbered as c. c. no ... years 1991-92, 1992-93, and 1993-94 within due time and in spite of repeated statutory notices and, therefore, the accused is liable to be proceeded against under section 276cc of the income-tax act, 1961. though there were three cases taken cognizance of by the magistrate in c.c. no. 71 of 1995, c. c. no. 72 of 1995 and c. c. no ... date of receipt of a notice. the accused, who received the notice, failed to submit the return within the prescribed time. therefore, the department issued a notice under section 142(1) of the income-tax act. in spite of it, the accused failed to comply with the same. for the assessment years 1992-93 and 1993-94, the accused failed to submit his return of ...

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Apr 23 1987

Union of India (UOI) and Ors. Vs. Gopal Das Gupta

  • Decided on : 23-Apr-1987

Court : Supreme Court of India

Reported in : [1987]167ITR39(SC)

... also to be made clear that when the officers in section 135 are making enquiry under section 142 they, by dint of section 135, shall have all the powers that have been conferred on the income-tax officers under the act, which means the powers which the income-tax act, 1961, directly confers and does not include the powers that section 131 enables them to avail of as drawn from the ... assistant director of inspection said "i am to inform that i called you to appear before me in terms of the summons issued under section 131 of the income-tax act, 1961. these summons have been issued under section 131 of the income-tax act, 1961, is exercise of my legal jurisdiction"upon that controversy, each of these two persons, i.e., gopal das gupta and ranendra chandra roy, ... particularity of the language, it appears to us that parliament has made a distinction between the powers that have been conferred directly by this statute, that is, the income-tax act, 1961, mentioned in section 135 and the powers which have been made available by drawing from the sources in another statute, i.e., "the powers as are vested in the court under ... the powers while dealing with suits. if, however, as mr. pal has attended to suggest, a particular officer is performing any function being assigned by the board under section 120 of the income-tax act, 1961, then by dint of that assignment, all the powers for discharge of these functions will be available to that particular officer. mr. pal tended to make the point ...

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Sep 21 2004

Commissioner of Income Tax Vs. Ramesh Chand Soni

  • Decided on : 21-Sep-2004

Court : Rajasthan

Reported in : (2005)194CTR(Raj)84

... are not in dispute, are that in pursuance of the authorisation of search, last of panchnama against the assessee was prepared on 28th aug., 1998. an order under section 142(2a) of the act of 1961 was made on 2nd aug., 2000 requiring the assessee to get his book of accounts subjected to special audit within a period of 120 days which at the ... ) act, 1987, w.e.f, 1st april, 1989.(iva) the period (not exceeding sixty days) commencing from the date on which the ao received the declaration under sub-section (1) of section 158a and ending with the date on which the order under sub-section (3) of that section is made by him, or(v) in a case where an application made before the income-tax settlement ... by it, the period commencing from the date on which such application is made and ending with the date on which the order under sub-section (1) of section 245d is received by the commissioner under sub ... commission under section 245c is rejected by it or is not allowed to be proceeded with ...

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