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Search Results Judgments > Act:INCOME TAX ACT 1961 Section 142 Page:7

Mar 17 2009

Alidhara Texpro Engineering Pvt. Ltd. Vs. Deputy Commissioner of Incom ...

  • Decided on : 17-Mar-2009

Court : Gujarat

Reported in : (2009)223CTR(Guj)481

... group.3. For Assessment Year 2005-2006 during course of assessment proceedings, respondent authority was of the opinion that powers available under Section 142(2A) of the Income Tax Act, 1961 ( the 'Act') are required to be exercised, and accounts of all the four assessees are required to be got audited by an accountant having ... present petition under Article 226 of the Constitution of India. I state that the said order was passed by me under Section 142(2A) of the Income Tax Act, 1961 [for short, 'the Act']. I state that, after passing the said order on 31st December 2007, the same was served upon the representative of the ... 's returned income on the following heads.This is again followed by the following observations in paragraph No. 7:7. In view of the above, your group concerns were required to reply to the Q. No. 2 to 9 of notice under Section 142(1) of the I.T. Act 1961 dated November ... petitioners to take up all contentions, including challenge to exercise of powers under Section 142(2A) of the Act as laid-down by the Apex Court in the case of M/s Sahara India (Firm) v. Commissioner of Income-Tax and Anr. (supra).9. The Court is conscious of the fact that even ... Income-Tax and Anr. : [2008]300ITR403(SC) .5. On behalf of respondent authority, learned Counsel referred to the affidavit in reply dated 14/10/2008 and submitted that all the petitions are required to be rejected, as the reference made to the special audit in exercise of powers under Section 142(2A) of the Act ...

Aug 02 1982

Commissioner of Income-tax Vs. Kolbeong Co. Ltd.

  • Decided on : 02-Aug-1982

Court : Kolkata

Reported in : [1983]143ITR512(Cal)

... , the Tribunal was right in holding that before making an assessment under Section 144 of the Income-tax Act, 1961, the asscssee should be given an opportunity of being heard under Section 142(3) of the said Act, in respect of any material gathered on the basis of an enquiry made under Section 142(2) and proposed to be utilised for the purpose of assessment andon ... Income-tax Act, 1961, the asscssee should be given an opportunity of being heard under Section 142(3) of the said Act, in respect of any material gathered on the basis of an enquiry made under Section 142(2) and proposed to be utilised for the purpose of assessment andon that view in confirming the order of the Appellate Asst. Commissioner setting aside the assessment made under Section ... controversy in this case was whether before making a best judgment assessment Under Section 144 of the Income-tax Act, the assessee should be given under Sub-section (3) of Section 142 an opportunity of being heard in respect of any material gathered on the basis of anyenquiry under Sub-section (2) and proposed to be utilised for the purpose of assessment.'8. On ... Section 146 in passing the impugned order. The Tribunal, therefore, dismissed the departmental appeals. 7. Upon these, the aforesaid question has been referred to us. The Tribunal in its main order has posed the question before it as follows : 'The point in controversy in this case was whether before making a best judgment assessment Under Section 144 of the Income-tax Act ...

Mar 16 2000

Eveready Industries India Ltd. Vs. Joint Commissioner of Income-tax (A ...

  • Decided on : 16-Mar-2000

Court : Guwahati

... under Section 148 of the Income-tax Act, 1961 (for short 'the Act'), and the notice dated December 3/4, 1998, under Section 142 of the Act for the assessment year 1991-92 issued by the Joint Commissioner of Income-tax (Assessment), Special Range II, Guwahati (for short 'the Assessing Officer'). The petitioner has also prayed for a writ of mandamus commanding the respondents to act ... that income chargeable to tax to the tune of Rs. 27,25,600 has escaped assessment within the meaning of Section 147 of the Income-tax Act, 1961, during the assessment year 1991-92 for the failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment at the time of assessment proceedings under Section ... Section 147 of the Income-tax Act, 1961, during the assessment year 1991-92 for the failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment at the time of assessment proceedings under Section 143(3).' 8. Dr. Pal, learned counsel for the petitioner, submitted that the Assessing Officer has jurisdiction to initiate proceeding under Section 147 of the Act ... be clear from a bare reading of Section 147 and the proviso thereto. He explained that similar provisions existed in Section 34 of the Indian Income-tax Act, 1922, and in Calcutta Discount Co. Ltd. v. ITO : [1961]41ITR191(SC) , the Supreme Court held that to confer jurisdiction under Section 34 of the Indian Income-tax Act, 1922,'to issue notice in respect ...

Sep 17 1976

Assam Forest Products (P.) Ltd. Vs. Commissioner of Income-tax

  • Decided on : 17-Sep-1976

Court : Guwahati

... Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as ' the Act '), by the Income-tax Appellate Tribunal, Gauhati Bench (hereinafter referred to as ' the Tribunal ') : ' (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the reassessment proceeding initiated under Section 147(a) of the Income-tax Act, 1961, by the Income-tax ... income of the assessee from undisclosed sources there was non-compliance with the provisions of Sub-section (3) of Section 142 of the Act. The Tribunal has correctly held that the alleged statements of Bidyananda Surekha, made before the income-tax authorities at Calcutta admitting that he had lent his name to various parties to enable them to bring in their concealed income ... Income-tax Officer issued the notice dated January 17, 1967, under Section 148 of the Act wherein he stated that he had reason to believe that the assessee's income chargeable to tax for the assessment year 1964-65 had escaped assessment within the meaning of Section 147 of the Income-tax Act, 1961.10. The department's case is that the notice under Section 148 of the Act ...

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 ...

Sep 15 1997

Krishna Mohan Banik Vs. Income-tax Officer

  • Decided on : 15-Sep-1997

Court : Guwahati

... 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 under Section 139 or in whose case the time allowed under Sub-section (1) of that section ... 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 under Section 139 or in whose case the time allowed under Sub-section ... 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 which is a partnership firm registered under the Income-tax Act, 1961 ...

Aug 01 1978

Umashankar Hall Vs. Commissioner of Income-tax, Karnataka

  • Decided on : 01-Aug-1978

Court : Karnataka

Reported in : [1979]117ITR497(KAR); [1979]117ITR497(Karn)

... Act, 1961 (hereinafter referred to as 'the Act), and on realising that the minimum penalty imposable exceeded one thousand rupees, he referred the case to the IAC of Income-tax by his letter dated February 27, 1971. The letter reads as follows: 'No. 322326/70-71. office of the Third Income-tax Officer, Mysore Circle, Mysore. Dated 27-2-1971. To The Inspecting Asst. Commissioner of Income-tax, ... Act was without jurisdiction and also that the imposition of penalty was not warranted in the circumstances of the case. At the instance of the assessee, the Tribunal has referred under s. 256(1) of the Act, the following question of law: 'Whether, on the facts and in the circumstances of the case, by reason of the issue of notice under section 142 ... concealed the particulars of his income. Since the provisions of section 271(1)(c) are attracted in this case and the minimum penalty leviable exceeds Rs. 1,000, I have referred the facts for the consideration of the Inspecting Assistant Commissioner. The records are submitted for perusal. Yours faithfully, (Sd.) B. R. Nagaraja Rao, Third Income-tax Officer, Mysore'. 2. Prior to ... Assistant Commissioner. The records are submitted for perusal. Yours faithfully, (Sd.) B. R. Nagaraja Rao, Third Income-tax Officer, Mysore'. 2. Prior to this reference, the ITO had issued a notice to the assessee on February 24, 1971, under s. 142(1) of the Act calling upon the assessee to produce certain documents and accounts on March 9, 1971. After the accounts ...

Oct 07 1983

Commissioner of Income-tax, Andhra Pradesh, Hyderabad Vs. Trustees of ...

  • Decided on : 07-Oct-1983

Court : Andhra Pradesh

Reported in : [1985]151ITR562(AP)

... the refund application was one filed under section 139(1) of the Income-tax Act ? (2) Even if it is assumed that the return filed by the assessee along with the refund application commences assessment proceedings, whether the proceedings should be treated to have been finalised by the Income-tax Officer at least by his note ... the return to the extent necessary to determine what the tax properly chargeable on the assessee is. While determining so, he need not follow the procedure prescribe under s. 142 or under s. 143, but can determine what the tax properly chargeable on the assessee is on the basis of the ... by the Income-tax Officer for the assessment year 1962-63 under section 143(3) read with section 147 is valid in law ?' 12. Admittedly, the assessee did not file a return under s. 139 of the I.T. Act, but he filed an application for refund under s. 237 of the Act on April ... of the Act was filed by the Revenue before the Appellate Tribunal. The Appellate Tribunal referred the following question for our decision : 'Whether on the facts and in the circumstances of the case, the assessment made by the Income-tax Officer for the assessment year 1962-63 under section 143(3) read with section 147 ... : Whether, on the facts and in the circumstances of the case, the order of reassessment made by the Income-tax Officer for the assessment year 1962-63 under s. 147 of the Income-tax Act is valid in law ? 10. Regarding the return, the Vice-President took the view that a return required ...

Feb 07 2000

Plywood Products Vs. Commissioner of Income-tax

  • Decided on : 07-Feb-2000

Court : Allahabad

Reported in : [2002]257ITR433(All)

... assessing authority ignoring the provisions of Section 185(2) of the Income-tax Act, 1961 ? (iii) Whether the Tribunal was justified in confirming the order refusing the renewal of registration for the assessment years 1984-85 and 1985-86 without pointing out any legal discrepancy other than the procedural defect ?' 2. We may mention that I. T. A. No. 142 of 1996 was a consolidated application ... , 1984-85 and 1985-86 : 'Assessment year 1981-82 : (i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in confirming the order passed under Section 185(1)(b) of the Income-tax Act, 1961, refusing to grant regist-ration to the firm for the assessment year 1981-82, when there was a change in the constitution of ... M.C. Agarwal, J. 1. These are three applications by the assessee under Section 256(2) of the Income-tax Act, 1961, praying that the Income-tax Appellate Tribunal, Allahabad, be directed to state a case and to refer the following questions stated to be of law and to arise out of the Tribunal's common order ... grounds, which are procedural formalities ? (iii) Whether the Tribunal was justified in confirming the order of the assessing authority refusing to grant registration, without considering the provisions of Section 185(2) of the Income-tax Act, 1961, wherein opportunity to remove the defect in the application for registration is to be given ? (iv) Whether, on the facts and in the circumstances of the case, the ...

Oct 06 1999

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

  • Decided on : 06-Oct-1999

Court : Allahabad

Reported in : [2000]246ITR475(All)

... 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, ... 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 ... are conditions precedent for passing an order in exercise of powers under Section 142(2A) of the Act. In the absence of any of the two conditions the order of the Assessing Officer will be contrary to law.14. In the exercise of powers under Sub-section (2A) of Section 142 of the Act there are three consecutive stages, namely, (a) formation of opinion by ... as may be prescribed and such other particulars as the Assessing Officer may require.'13. Section 142(2A) of the Act ordains the Assessing Officer that before directing the assessee to get the accounts audited by an accountant, as defined in the Explanation below Sub-section (2) of Section 288, nominated by the Chief Commissioner or Commissioner in that behalf, he should form ...

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