Skip to content


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

Aug 16 2004

Asstt. Cit Vs. S. Dharamchand Jain

  • Decided on : 16-Aug-2004

Court : Income Tax Appellate Tribunal (ITAT) - Chennai

Reported in : (2005)96TTJ(Chennai)1033

... Income Tax Act and respective Finance Act.Therefore, for compelling the assessee to pay the tax before assessment, there must be an enactment by the Parliament. Under the Income Tax Act, regular assessment and block assessment are treated separately. Though the assessee while filing the return of income under sections 139, 142 and 148, was required to pay self assessment tax under section ... Income Tax Act, regular assessment and block assessment are treated separately. Though the assessee while filing the return of income under sections 139, 142 and 148, was required to pay self assessment tax under section 140A as on 13-11-1996, in respect of block assessment, there is no provision either in the Income Tax Act or any of the Finance Act to compel the assessee to pay the tax ... tax before assessment, there must be an enactment by the Parliament. Under the Income Tax Act, regular assessment and block assessment are treated separately. Though the assessee while filing the return of income under sections 139, 142 and 148, was required to pay self assessment tax under section 140A as on 13-11-1996, in respect of block assessment, there is no provision either in the Income Tax Act ...

Aug 16 2004

Asstt. Cit Vs. S Dharamchand Jain

  • Decided on : 16-Aug-2004

Court : Income Tax Appellate Tribunal (ITAT) - Chennai

Reported in : (2005)278ITR41(Chennai)

... Income Tax Act and respective Finance Act.Therefore, for compelling the assessee to pay the tax before assessment, there must be an enactment by the Parliament. Under the Income Tax Act, regular assessment and block assessment are treated separately. Though the assessee while filing the return of income under sections 139, 142 and 148, was required to pay self assessment tax under section ... Income Tax Act, regular assessment and block assessment are treated separately. Though the assessee while filing the return of income under sections 139, 142 and 148, was required to pay self assessment tax under section 140A as on 13-11-1996, in respect of block assessment, there is no provision either in the Income Tax Act or any of the Finance Act to compel the assessee to pay the tax ... tax before assessment, there must be an enactment by the Parliament. Under the Income Tax Act, regular assessment and block assessment are treated separately. Though the assessee while filing the return of income under sections 139, 142 and 148, was required to pay self assessment tax under section 140A as on 13-11-1996, in respect of block assessment, there is no provision either in the Income Tax Act ...

Jul 21 2005

Ito Vs. Laul Steels (P.) Ltd.

  • Decided on : 21-Jul-2005

Court : Income Tax Appellate Tribunal (ITAT) - Mumbai

Reported in : (2005)4SOT521(Mum.)

... assessing officer.(vi) The assessing officer has not complied with the provisions of section 142(3) of the Income Tax Act, 1961, and the assessment orders passed by him without complying with the provisions of section 142(3) are illegal and null and void.After referring to the provisions of section 23 of the Income Tax Act and reproducing them in his order, the learned CIT(A) passed the following ... 51 ITR 353 (SC).In reply the learned authorized representative for the assessee has relied on the order of the learned CIT(A).We have considered the rival submissions. Section 23 of the Income Tax Act, 1961 provides that the "annual value of any property shall be deemed to be (a) the sum for which the property might reasonably be expected to let from ... with the assessee that the standard rent determined by the Municipal authorities should be adopted as the annual value of the flat under section 23 of the Income Tax Act without objectively examining the relevant provisions of the Bombay Rent Act, Income Tax Act and in utter disregard of the law laid down by the Apex Court in D.R. Kapoor case (supra) which was binding ... section 23 of the Income Tax Act. Secondly, the learned CIT(A) was well aware that the rent stipulated in the agreement was higher than the rateable value fixed by the Municipal authorities and, hence, it was the actual rent received or receivable that was required to be taken into account for fixing the annual value of the property under section 23 of the Income Tax Act ...

Sep 02 2005

Poonam Rani Singh Vs. Dcit

  • Decided on : 02-Sep-2005

Court : Income Tax Appellate Tribunal (ITAT) - Delhi

... Section 148 of the Income-Tax Act, 1961, for the assessment year 1992-93." Identical reasons were recorded in respect of the assessment year 1993-94 as well." 25. In order to finalise the assessment on the basis of proceedings under Section 147 of the Act, the Assessing Officer issued notice under Section 143(2) and 142(1) of Income Tax Act ... Section 143(1) of the Income-tax Act 1961, without requiring the presence of the assesses. Alternately he could issue a notice under Sub-section (2) of Section 143 of the Act and require the assessee to produce his books of account and other evidence in support of the return filed by him and thereafter frame an assessment under Sub-section (3) of Section 143 of the Act ... Section 148: - December 31, 1996: In this case the assessee claimed excessive depreciation at 50 per cent, whereas the assessee was entitled to depreciation at 40 per cent, under the Income-tax Rules. Hence, I have reasons to believe that having income chargeable to tax was escaped assessment for the assessment year 1992-93; Accordingly, issue notice under Section 148 of the Income-Tax Act, 1961 ...

Apr 25 1991

Renusagar Power Company Ltd. Vs. Income-tax Officer

  • Decided on : 25-Apr-1991

Court : Allahabad

Reported in : [1992]196ITR903(All)

... under the Income-tax Act. For the assessment year 1971-72, the petitioner filed a return of its income, on the basis of which an order of assessment was made by the Income-tax Officer on February 27, 1975, under Section 142 of the Act. It was a case of nil assessment. Subsequently, the Income-tax Officer sought to reopen the assessment by issuing a notice under Section 148, ... under the, Companies Act. It is engaged in the business of generation and supply of power. It is an assessee under the Income-tax Act. For the assessment year 1971-72, the petitioner filed a return of its income, on the basis of which an order of assessment was made by the Income-tax Officer on February 27, 1975, under Section 142 of the Act. It was ... respondents (assessing authorities under the Income-tax Act) from proceeding with, or passing any orders in, the assessment proceedings against the petitioner relating to the assessment year 1971-72.2. The petitioner is a company registered under the, Companies Act. It is engaged in the business of generation and supply of power. It is an assessee under the Income-tax Act. For the assessment ... Section 146 or in pursuance of an order, under Section 250, Section 254, Section 263 or Section 264, setting aside or cancelling an assessment, may be made at any time before the expiry of two years from the end of the financial year in which the order under Section 146 cancelling the assessment is passed by the Income-tax Officer or the order under Section 250 or Section ...

Jan 09 2009

Commissioner of Income-tax-II Vs. Lucknow Public Educational Society

  • Decided on : 09-Jan-2009

Court : Allahabad

Reported in : [2009]318ITR223(All); [2009]183TAXMAN68(All)

... registered under Section 12A of the Income-tax Act, 1961 and was claiming exemption under Section 11 of the Act. For the assessment year under consideration, the respondent (hereinafter referred to as 'assessee') has filed its return for the assessment year under consideration on 27-3-2002, showing the 'nilincome' after claiming the exemption under Section 10(23C) of the Income-tax Act. This original ... . The Income-tax Appellate Tribunal erred in law and on facts in confirming the order of the Commissioner of Income-tax (Appeals) in allowing exemption under Section 11 of the Income-tax Act without appreciating the fact that in the instant case the original return filed by the assessee was neither under Section 139(1) nor in compliance to notice under Section 142 of the Income-tax Act and, ... .1. This is an appeal filed by the Department under Section 260A of the Income-tax Act, 1961 against the judgment and order dated 29-6-2007 passed by the Income-tax Appellate Tribunal, Lucknow in Income-tax Appeal No. 106/Luck./2006 for the assessment year 2001-02.2. Heard Sri D.D. Chopra, learned Counsel for the appellant and Sri Amit ... long back for exemption under Section 10(23C)(vi) but no decision on it was taken till the date of the assessment order or the order passed by the First Appellate Authority. However, the Society was also registered under Section 12A of the Income-tax Act, 1961 and was claiming exemption under Section 11 of the Act. For the assessment year under consideration ...

May 31 1995

JANAK RAJ SHARMA Vs. DIRECTOR OF INSPECTION (INVESTIGATION) AND OTHERS ...

  • Decided on : 31-May-1995

Court : Punjab and Haryana

Reported in : (1995)127CTR(P& H)440; [1995]215ITR234(P& H); [1995]83TAXMAN429(Punj& Har)

... section (1) of section 37 of the Indian Income- tax Act, 1922, or under sub-section (1) of section 131 of the Income- tax Act, 1961, or a notice under sub-section (4) of section 22 of the Indian Income-tax Act, 1922, or under sub-section (1) of section 142 of the Income-tax Act, 1961 ... Income- tax Act, 1961, or a notice under sub-section (4) of section 22 of the Indian Income-tax Act, 1922, or under sub-section (1) of section 142 of the Income-tax Act, 1961, is issued to Shri Janak Raj Sharma (name of the person) to produce or cause to be produced, books of account or other documents which will be useful for, or relevant to, proceedings under the Indian Income-tax Act, 1922, or under the Income-tax, 1961 ... section (1) of section 131 of the Income- tax Act, 1961, or a notice under sub-section (4) of section 22 of the Indian Income-tax Act, 1922, or under sub-section (1) of section 142 of the Income-tax Act, 1961, is issued to Shri Janak Raj Sharma (name of the person) to produce or cause to be produced, books of account or other documents which will be useful for, or relevant to, proceedings under the Indian Income-tax Act ...

Sep 04 2003

Kapur Sons Steels Pvt. Ltd. Vs. Assistant Commissioner of Income-tax a ...

  • Decided on : 04-Sep-2003

Court : Punjab and Haryana

Reported in : [2004]266ITR478(P& H)

N.K. Sodhi, J.1. The challenge in this writ petition is to the notice dated March 22, 2002, issued by the Assistant Commissioner of Income-tax, Sangrur, under Section 148 of the Income-tax Act, 1961, informing the petitioner that he has reason to believe that income for the assessment year 1995-96 had escaped assessment within the meaning of Section 147 of the Income-tax Act. On receipt of the notice, the petitioner has filed its return under Section 142 of the Income-tax Act.2. In view of the law laid down by the Supreme Court in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19 the proper course for the petitioner is to file its objections before the assessing authority who will decide the same by passing a speaking order. The present petition under Article 226 of the Constitution is misconceived at this stage. Consequently, the same is dismissed.3. We, however, make it clear that it will be open to the petitioner to raise all the pleas that are available to it before the competent authority who will decide the same in accordance with law.

Mar 22 1968

Balwant Singh and Ors. Vs. R.D. Sharma, Director of Inspection Income ...

  • Decided on : 22-Mar-1968

Court : Delhi

Reported in : AIR1969Delhi91; ILR1968Delhi193

... section (1) of section 131 of the Income-tax Act, 1961 or a ntoice under subsection (4) of section 22 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 142 of the Income-tax Act, 1961 is issued to S. Balwant Singh to produce, or cause to be produced, books of account or toher documents which will be useful for, or relevant to proceedings, under the Indian Income-tax Act,1922 or under the Income-tax Act, 1961 ... Income-tax Act, 1922 or under sub-section (1) of section 131 of the Income-tax Act, 1961 or a ntoice under subsection (4) of section 22 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 142 of the Income-tax Act, 1961 is issued to S. Balwant Singh to produce, or cause to be produced, books of account or toher documents which will be useful for, or relevant to proceedings, under the Indian Income-tax Act ... section (1) of Section 37 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 131 of the Income-tax Act, 1961 or a ntoice under subsection (4) of section 22 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 142 of the Income-tax Act, 1961 ...

Mar 12 1968

K.P. Shankara, Official Liquidator Peoples' Insurance Company Ltd. Vs. ...

  • Decided on : 12-Mar-1968

Court : Delhi

Reported in : ILR1968Delhi225

... section (1) of section 131 of the Income-tax Act, 1961 or a ntoice under subsection (4) of section 22 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 142 of the Income-tax Act, 1961 is issued to S. Balwant Singh to produce, or cause to be produced, books of account or toher documents which will be useful for, or relevant to proceedings, under the Indian Income-tax Act,1922 or under the Income-tax Act, 1961 ... Income-tax Act, 1922 or under sub-section (1) of section 131 of the Income-tax Act, 1961 or a ntoice under subsection (4) of section 22 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 142 of the Income-tax Act, 1961 is issued to S. Balwant Singh to produce, or cause to be produced, books of account or toher documents which will be useful for, or relevant to proceedings, under the Indian Income-tax Act ... section (1) of Section 37 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 131 of the Income-tax Act, 1961 or a ntoice under subsection (4) of section 22 of the Indian Income-tax Act, 1922 or under sub-section (1) of section 142 of the Income-tax Act, 1961 ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //