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Search Results Judgments > Act:INCOME TAX ACT 1961 Section 142

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 ...

Jun 09 1966

Amal Kumar Ghatak Vs. Income-tax Officer, J-Ward and Anr.

  • Decided on : 09-Jun-1966

Court : Kolkata

Reported in : [1971]79ITR452(Cal)

... 142 of the Income-tax Act, 1961 (hereinafter referred to as 'theAct'), deals with the powers of the Income-tax Officer to direct an assesseeto produce books of accounts and also to furnish in writing information onsuch maters as the Income-tax Officer may require. But this power of theIncome-tax Officer, Mr. Pal argued, was subject to the power imposed byClause (b) of the proviso to Sub-section (1) of Section 142 ... by the Income-tax Officer under Section 131 of the Income-tax Act, 1961, being a notice dated 1st May, 1964. By this notice the petitioner was called upon to attend personally at the office of the Income-tax Officer with all books of accounts for the years 1955, 1956, 1957 and 1958.2. The petitioner contends that his assessments up to the assessment year 1961-62 ... to refer to the notice itself which has been issued by the Income-tax Officer. This notice is headed 'Summons of assessees under Section 131 of the Income-tax Act, 1961. ' In the body of the notice there is a direction upon the petitioner to attend at the office of the Income-tax Officer on a particular day and at a particular hour and this ... Section 131 of the Income-tax Act, 1961, being a notice dated 1st May, 1964. By this notice the petitioner was called upon to attend personally at the office of the Income-tax Officer with all books of accounts for the years 1955, 1956, 1957 and 1958.2. The petitioner contends that his assessments up to the assessment year 1961-62 have been duly completed and the tax ...

Sep 27 1989

Kishan Chand Vs. Commissioner of Income-tax

  • Decided on : 27-Sep-1989

Court : Punjab and Haryana

Reported in : [1990]183ITR83(P& H)

... Income-tax Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the assessee. The following question is referred for the consideration of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that it is only under Section 146 of the Income-tax Act, 1961, that the assessee could urge that he had complied with the notice under Section 142 ... right in holding that it is only under Section 146 of the Income-tax Act, 1961, that the assessee could urge that he had complied with the notice under Section 142(1) of the Act and, therefore, the assessment was rightly made under Section 144 of the Act ?' 2. The factual matrix relevant for the disposal ... Act'), at the instance of the assessee. The following question is referred for the consideration of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that it is only under Section 146 of the Income-tax Act, 1961, that the assessee could urge that he had complied with the notice under Section 142(1) of the Act ... Income-tax Appellate Tribunal, Amritsar, had made this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the assessee. The following question is referred for the consideration of this court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that it is only under Section 146 of the Income-tax Act, 1961 ...

Jan 25 1995

Gopal Stores Vs. Commissioner of Income-tax

  • Decided on : 25-Jan-1995

Court : Guwahati

... Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), for the opinion of this court : '(1) Whether, on the facts and in the circumstances of the case and on a proper construction of the provisions contained in Section 186(2) of the Income-tax Act, 1961, the Tribunal was justified in law in upholding the order of cancellation of registration of the assessee-firm made by the Income-tax ... Income-tax Officer passed the best judgment and cancelled the registration under Section 186(2) of the Act. Mr. Talukdar, however, argued at some length in support of the orders of the Income-tax Officer and the Income-tax Appellate Tribunal. 8. Under Section 142 of the Act, the Income-tax Officer may serve on any person who has made a return under Section 139 of the Act or upon whom a notice under Sub-section ... Section 186(2) of the Income-tax Act, 1961, the Tribunal was justified in law in upholding the order of cancellation of registration of the assessee-firm made by the Income-tax Officer ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal, without reversing the findings of facts recorded by the Commissioner of Income-tax ...

Mar 11 1970

Calcutta Chromotype Pvt. Ltd. Vs. Income-tax Officer

  • Decided on : 11-Mar-1970

Court : Kolkata

Reported in : [1971]79ITR442(Cal)

... Sections 274/271 of the Income-tax Act, 1961, for its alleged failure to comply with the notices under Sections 142(1) and 143(2) of the said Act, and for a further writ quashing a summons purported to have been issued under Section 131 of the said Act by the respondent-Income-tax Officer. The petitioner is a private limited company and for the assessment year 1961 ... Income-tax Act, 1961, for its alleged failure to comply with the notices under Sections 142(1) and 143(2) of the said Act, and for a further writ quashing a summons purported to have been issued under Section 131 of the said Act by the respondent-Income-tax Officer. The petitioner is a private limited company and for the assessment year 1961-62, it filed its return under Section ... parties it would be necessary to set out the provisions of the relevant Sections of the Income-tax Act, 1961, with reference to the corresponding sections in the repealed Act of 1922. Section 131 (old Section 37) endows certain income-tax authorities, such as the Income-tax Officer, Appellate Assistant Commissioner, Inspecting Assistant Commissioner and the Commissioner with some ... Income-tax Officer. Strangely enough in his subsequent letter dated the ll/14th February, 1966, the respondent-Income-tax Officer himself points out that the informations asked for in his earlier letter were under Section 143(2). The contention of the petitioner must be accepted so far as the impugned penalty notice under Section 271/274 of 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 09 2002

Bata India Ltd. and Anr. Vs. Commissioner of Income-tax and Ors.

  • Decided on : 09-Sep-2002

Court : Kolkata

Reported in : (2003)1CALLT598(HC),(2003)179CTR(Cal)147,[2002]257ITR622(Cal)

... 21 whereby special audit under Section 142(2A) of the Income-tax Act, 1961, has been ordered and a decision taken to appoint an auditor.2. The case of the petitioner is that there is no warrant to order special audit in terms of Section 142(2A). It is the case of the petitioners that an audit has been conducted under the provisions of Section 44AB and such ... whose report the Assessing Officer would be able to deduce the true profit and make assessment accordingly. I, therefore, consider it to be a fit case forspecial audit under Section 142(2A) of the Income-tax Act, 1961, and have decided to appoint an auditor accordingly. The name and address of the auditor will be intimated to you shortly.'6. Mr. Bajoria, the learned senior ... its power to order such special audit if the facts and circumstances warrant a special audit under Section 142(2A) of the Act.15. Section 142(2A) of the Act has been the subject-matter of construction by several High Courts including this High Court. The said Section 142(2A) of the Income-tax Act reads as under :'If, at any stage of the proceedings before him, the Assessing Officer, ... of Income-tax by the petitioners and the impugned order dated November 8, 2001 (annexure P-21) is one passed by the Commissioner of Income-tax, respondent No. 1. It cannot be denied that respondent No. 1 (CIT) is competent to grant approval in terms of Section 142(2A) of the Income-tax Act.14. Also, it must be stated here that merely because no special audit under Section 142( ...

Feb 29 2000

Additional CIT Vs. Kavita Construction (P) Ltd.

  • Decided on : 29-Feb-2000

Court : Rajasthan

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

... 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 ... assessee 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 any, ... of wage payments has been made in apparent violation of section 142(3) and the well known principles of natural justice.18. However, we cannot accept the argument of the learned counsel appearing on behalf of the assessee that an addition made in violation of the principles & natural justice or section 142(3) should be cancelled. In such a situation, the ... 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 order and ...

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 ... 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 ... . 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 proposal for amending Section 144 of the Act.34. The ... the tax payable under this Act exceeds fifty thousand rupees, in any previous year, shall, while furnishing a return of Ms income, also furnish a report of the audit of the 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 ...

Apr 16 1998

Peerless General Finance and Investment Co. Ltd. Vs. Deputy Commission ...

  • Decided on : 16-Apr-1998

Court : Kolkata

Reported in : (1999)156CTR(Cal)512,[1998]234ITR481(Cal)

... of Income-tax. An order dated March 18, 1998, has been passed by the Commissioner of Income-tax, whereby he has nominated G. P. Agarwal and Co., to act as an accountant within the meaning of Sub-section (2A) of Section 142 of the Income-tax Act, 1961. In my view, this cannot be termed as an approval as required under the aforesaid section. Besides, the vires of the aforesaid section has ... the aforesaid section, nor it appears from the impugned order, any prior approval was obtained from the Chief Commissioner or Commissioner of Income-tax. An order dated March 18, 1998, has been passed by the Commissioner of Income-tax, whereby he has nominated G. P. Agarwal and Co., to act as an accountant within the meaning of Sub-section (2A) of Section 142 of the Income-tax Act, 1961. In my ... , reply by June 8, 1998. The matter will appear in the list on the top before the appropriate Bench on June 11, 1998. Since the vires of Section 142(2A) of the Income-tax Act, 1961, have been challenged in this petition, a notice together with a copy of the petition shall be served upon the learned Attorney-General of India by the learned ... of the aforesaid section. From the plain reading of the impugned order, it does not appear to me that the Assessing Officer has formed his opinion as to necessity for getting the accounts verified under the aforesaid section, nor it appears from the impugned order, any prior approval was obtained from the Chief Commissioner or Commissioner of Income-tax. An order dated ...

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