Court : Kolkata
Reported in : 238ITR899(Cal)
..... the application for stay are taken together for disposal.4. it appears that the appellants, being aggrieved by an order passed by respondent no. 1 in terms of section 142(2a) of the income-tax act, 1961, approached the learned single judge by filing a writ application under article 226 of the constitution of india praying therein, inter alia, that the order be quashed on ..... to our attention a communication dated february 4, 1998, and urged that respondent no. 1 had sought the prior approval of the commissioner of income-tax for appointment of a special auditor in terms of section 142(2a) of the act. he also submitted that in fact the special auditor has already started the work of auditing. according to mr. shome, the appellants had ..... 5. dr. pal, learned senior advocate appearing for the appellants, has contended that the order under section 142(2a) of the act was passed without jurisdiction, specifically averring that it has been passed without the prior approval of the chief commissioner of income-tax as required under the act. dr. pal has also vehemently argued that the appellants cannot be burdened with the payment of ..... improper exercise of jurisdiction by him. the learned single judge upon consideration passed an interim order to the effect that even though the special auditor in terms of section 142(2a) of the act may proceed and that the auditor (accountant) may go ahead with the auditing in accordance with law, the assessing authority shall not make any assessment for the .....Tag this Judgment!
Court : Kolkata
Reported in : 114ITR155(Cal)
..... to make a fresh assessment in accordance with law and after impleading all the legal representatives of the deceased.3. in the premises under section 256(2) of the income-tax act, 1961, as directed by the high court, the following two questions have been referred to this court :'1. whether, on the facts and in the circumstances of the case, the tribunal ..... 2nd day of june, 1965, in terms of notice under section 22(2) and section 142(1) subsequently issued, shall be treated as the return filed under section 22(2) and the assessment has been framed validly ?' 4. the basic facts have been noted before us. the notice under section 22(2) of the indian income-tax act, 1922, issued to a dead person was a bad and ..... also an ex parte assessment was raised against the deceased on 3rd of march, 1962. against this ex parte order, shri sajjan kumar saraf filed a petition under section 27 of the indian income-tax act ..... , 1960. on 2nd of june, 1965, sajjan kumar saraf, in his capacity as 'the legal representative' of the deceased, filed the return of income for the assessment year 1961-62, notices under section 143(2} and 142(1) of the act were issued to sri sajjan kumar saraf as the legal representative of the late shri b. l. saraf. for the assessment year 1959-60 .....Tag this Judgment!
Court : Patna
..... 6, 2000, has been made.3. the petitioner has challenged the appointment of the auditor on the ground of non-fulfilment of the requirements as contained under section 142(2a) of the income-tax act, 1961 (hereinafter referred to as 'the act'). elaborating the submission, learned counsel for the petitioner submitted that the regular assessment proceeding has already been concluded by the assessing authority and some undisclosed ..... income has also been included and the matter is pending before the appellate authority and in that view of the matter the appointment of the auditor is not permissible ..... regard to regular assessment and best judgment assessment section 158bc of the act contains a special procedure with regard to block assessment. in other words, while section 143 of the act deals with the disclosed income, section 158bc deals with undisclosed income. there are two basic requirements for appointment of an auditor as is evident from section 142(2a) of the act. the first requirement is that a proceeding should .....Tag this Judgment!
Court : Guwahati
..... quoted above. we, hold that no notice was served under section 148 of the act and the appearance of a person in response to a notice under section 142(1) of the act can not be deemed to be the knowledge of the proceedings under section 147 of the act. the question is accordingly answered in favour of the assessee. accordingly the income tax reference shall stand disposed of. ..... the appellate tribunal in i. t. a. no. 209 and 210 (gauhati) 1983 is quoted below :'in fact, section 148 requires that before making ..... the assessment, re-assessment or the recomputation under section 147 of the i ..... in view of the fact that the assessee approached through the authorised representative before the assessing officer in response to notice under section 142(1) in the proceeding under section 147, the assessee had sufficient notice under section 148 of the it actit actit act 1961?'4. we have heard shri k.p. sarma, learned counsel for the revenue. none appears for the assessee. the finding of .....Tag this Judgment!
Court : Mumbai
Reported in : 214ITR656(Bom)
v.a. mohta, j.1. at the instance of the commissioner of income-tax, nagpur, the following question is referred to this court under section 256(1) of the income-tax act, 1961 ('the i.t. act') : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was correct in holding that the order of the appellate assistant commissioner setting aside the order ..... of the income-tax officer was limited to specific issue ?' 2. the assessee declared an income of rs. 12,636 in his return of income the assessment year 1973-74. the income-tax officer had issued notices under sections 143(2) and 142(1) of the income-tax act. the assessee failed to comply with them and, hence, the income-tax officer framed an ex parte assessment under ..... section 144 on the total income of rs. 35,510. the assessee preferred .....Tag this Judgment!
Court : Allahabad
Reported in : 246ITR475(All)
d.s. sinha, j.1. an order dated january 24, 1997, passed by the assistant commissioner of income-tax, central circle-ill, lucknow, respondent no. 2, under sub-section (2a) of section 142 of the income-tax act; 1961, hereinafter called the 'act', is under challenge in these petitions, under article 226 of the constitution of india, which are before the court for admission.2. sri bharat ji agarwal, ..... petitions are maintainable at allahabad also in view of the fact that the order of 'previous approval' for passing the impugned order, envisaged in sub-section (2a) of section 142 of the act, was accorded by the commissioner of income-tax (central), respondent no. 1, kanpur, which is within the territorial jurisdiction of the court at allahabad.4. in view of the decision of the ..... , passed by respondent no. 2, at lucknow, and no relief has been prayed for quashing the order of 'previous approval' passed by respondent no. 1, under sub-section (2a) of section 142 of the act.8. for asserting that cause of action to maintain the petitions arose at kan-pur which falls within the territorial jurisdiction of the court at allahabad the attention ..... may prejudice the case of the petitioners against the impugned order.12. in the context of the controversy, it would be apposite to notice the provisions of sub-section (2a) of section 142 of the act which reads as below :'(2a) if, at any stage of the proceedings before him, the assessing officer, having regard to the nature and complexity of the accounts .....Tag this Judgment!
Court : Rajasthan
Reported in : 121ITR288(Raj)
..... , respectively, issued to the petitioner by the income-tax officer, b-ward, jodhpur, maybe quashed. it has also been prayed that the said ito be restrained from, taking proceedings against the petitioner under section 147 of the i.t. act, 1961 (hereinafter to be referred to as 'the act'), for the assessment year 1948-49.2. ..... him in shares of r. b. lodha & company, calcutta, and mineral mining company, bombay, along with the source of investments. a notice under section 142(1) of the act (marked ex. 2) for production of necessary account books, etc., in respect of the relevant assessment year, was also enclosed with ex. 1. on ..... 27, 1965, had been served upon one madho prasad, who was' a complete stranger to him. it was however stated that the notice under section 142(1) of the act, dated december 20, 1968 (ex. 2), received along with the letter, ex. 1, was the first notice which had been received by the ..... court under section 34 of the indian i.t. act of 1922 as well as under section 147 of the i.t. actof 1961, and the law appears to us to be well settled. in this connection,reference may be made to calcutta discount co. ltd. v. ito : 41itr191(sc) 5. narayanappa v. citcitcit : [1967 ..... whether these notices were duly served uponthe petitioner or not, is essentially a question of fact which should be determined by the ito himself. in citcitcit v. ramendra nath ghosh : 82itr888(sc) it was observed that the question whether the assessee had beenserved in accordance with law or not .....Tag this Judgment!
Court : Chennai
Reported in : 248ITR735(Mad)
..... -1, dated may 15, 1990, and quash the same and direct the respondent to consider the case of the petitioner under section 273a(4) of the income-tax act, 1961.2. the case of the petitioner is that the petitioner is an assessee under the income-tax act in file no. 47-068-pv-3811 of central circle x(1), madras. the petitioner has filed a return showing ..... paid. a penalty of rs. 1 crore has beenlevied under section 271(1)(c) of the income-tax act. an appeal has been preferred before the commissioner of income-tax which was pending at the time of proceedings. the petitioner applied to the commissioner of income-tax for waiver of penalty on october 19, 1989, under section 273a of the income-tax act. 1961, and he contended as follows :the petitioner had produced ..... reduction of penalty. the expression 'full and true disclosure' is not incorporated in sub-section (4) of section 273a of the act. the disclosure of true income need not be made ..... to the appellate assistant commissioner or the tribunal with or without success. filing of a return is an act of the assessee and enquiry into the correctness of the return is made under section 142 of the act. the question of disclosure of the correct income in the return is relevant for the purpose of levying penalty and not for the purpose of waiver or .....Tag this Judgment!
Court : Kolkata
Reported in : 203ITR630(Cal)
assessment--validity--tribunal quashed assessment on finding that assessee suffered loss--tribunal ought to have determined quantum of income or loss--quashing of best judgment assessment unjustified.held :the tribunal found that in earlier years, the assessee suffered losses and accordingly, the ito was not justified in determining the total income at a positive figure for the assessment years in question without taking into account the relative turnover of the relevant years and the earlier years where the assessee sustained losses. the tribunal ought to have determined the quantum of the income or the loss as the case may be for the years under reference or directed the ito to make fresh assessments on the basis of the material available on record; but the tribunal without adopting any of those two courses, simply annulled the assessments. on the facts and in the circumstances of this case the tribunal was not justified in annulling the assessments.application :also to current assessment years.income tax act 1961 s.144Tag this Judgment!
Court : Kolkata
Reported in : 89ITR317(Cal)
..... . for the reasons given before this application must succeed. the notices for the assessment years 1951-52 to 1962-63 issued under section 148 of the income-tax act, 1961, and notices under section 142(1) for the assessment years 1951-52 to 1962-63 are hereby quashed. there will be no order as to costs. the respondents are restrained from giving effect to the ..... sabyasachi mukharji, j. 1. this is an application challenging the notices under section 148 of the income-tax act, 1961, for the assessment years 1951-52 to 1962-63 and the notices dated 7th june, 1968, under section 142(1) of the said act for the assessment years 1951-52 to 1962-63. the petitioner was served with the notices for the opening of certain assessment of a hindu ..... were served, in view of my judgment in the aforesaid case. it must be held that the income of the said hindu undivided family which had escaped assessment cannot be assessed by giving notice under section 148 of the income-tax act, 4. it was next contended that the notices suffered from another infirmity inasmuch as they did not indicate on whom the said notices ..... undivided family, messrs. pannalal bajaj shyam sundar bajaj various points were taken in support of this application. it was stated, that there were no materials for the income-tax officer, to .....Tag this Judgment!