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

Oct 11 2007

Shri Jagannath Temple Managing Committee Vs. Commissioner of Income-ta ...

  • Decided on : 11-Oct-2007

Court : Orissa

Reported in : AIR2008Ori37; (2008)218CTR(Ori)568; [2008]299ITR56(Orissa)

... that income of Lord Shri Jagannath Temple, Puri, Orissa is exempted from Income-tax under Section 10(23BBA) of the Income-tax Act, 1961 with effect from 1st April, 1962. The said letter dated 17-8-1995 has been disclosed as An-nexure-1 to the petition.11. The petitioner's case is that under Section 5 read with Section 33 of the said Act ... Income-tax, Circle-1, Bhubaneswar granting exemption to the petitioner under Section 10(23BBA) of the Income-tax Act stands withdrawn with immediate effect. Apart from withdrawing exemption, various other notices were issued under Section 142 of the Income-tax Act (hereinafter, 'the Act') and letters to the Bankers and others were issued under Sections 201 & 201(1A) of the Act and notices under Section 221(1) of the Act ... Income Tax, Circle-I, Bhubaneswar to the Administrator of the said temple to the effect that income of Lord Shri Jagannath Temple, Puri, Orissa is exempted from Income-tax under Section 10(23BBA) of the Income-tax Act, 1961 with effect from 1st April, 1962. The said letter dated 17-8-1995 has been disclosed as An-nexure-1 to the petition.11. The petitioner's case is that under Section ... Officer. It was also stated that against the steps which have been taken against the bankers, the bankers are free to challenge the same under Section 246A of the Income-tax Act, 1961. The said action against the bankers cannot be impugned in the instant writ petition which is wholly premature and a misconceived one.These are the rival ...

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 ...

Dec 24 1998

PEERLESS GENERAL FINANCE AND INVESTMENT CO. LTD. AND ANOTHER Vs. DEPUT ...

  • Decided on : 24-Dec-1998

Court : Kolkata

Reported in : [1999]236ITR671(Cal)

... .-Interpretation of the provisions of section 142(2A) of the Income-tax Act, 1961, calls for decision in this application.The aforementioned question arises for consideration in the following circumstances :The petitioner is a company incorporated under the Companies Act. In terms of the provisions of section 44AB of the Income-tax Act as also under the Companies Act these are required to have their accounts ... a proposal for special audit under section 142(2A) in the case of the petitioner was placed before the Chief Commissioner of Income-tax-II, on March 10, 1998, and he without granting any approval merely nominated Sri G. P. Agarwal, FCA, for the purpose of special audit on March 16, 1998.Section 142(2A) of the Income-tax Act reads thusIf, at any ... The said order depicts a total nonapplication of mind on the part of the Assessing Officer as also the Chief Commissioner of Income-tax.Furthermore, keeping in view the provisions of section 44AB of the Income-tax Act, the provisions of section 142(2A) have to be strictly construed. The power under the aforementioned provisions should not be lightly exercised and must be ... above on the part of the assessee, the Income-tax Officer has, in consequence of information in his possession reason to believe that, income chargeable to tax has escaped assessment for any assessment year. The Income-tax Officer must arrive at a germane (sic) for the purpose of section 148 of the Income-tax Act.In this context a question arises as to whether ...

Jun 13 2012

Dr. K.M. Mehaboob, Calicut Vs. Deputy Commissioner of Income Tax, Kozh ...

  • Decided on : 13-Jun-2012

Court : Kerala

... This batch of writ petitions have been filed with the prayer to quash the Assessment Orders passed by the respondent under Section 144 read with Sections 153C and 153A of the Income Tax Act 1961 (hereinafter referred to as the Act for short) for the Assessments Years 2003-04 to 2009-10. 2. Issues raised in these writ petitions being connected these cases were heard ... under sub-section (1) of section 142 has been issued prior to the making of an assessment under this section. 33. Thus, in view of the second proviso to Section 144(1), in a case where notice under Section 142(1) has been issued, it is not necessary for the Assessing Officer to give an opportunity of hearing to the assessee as provided in section 144( ... the point whether he has been furnishing his income tax returns. 20. As far as the plea that before the completing the assessment, the petitioner was not given a show cause notice, the case of the respondent is that no such notice was required to be issued since notice under Section 142(1) of the Act had already been issued. 21. Having thus ... authorised representatives as provided in Section 288 of the Act. To substantiate the contention, counsel placed reliance on the decisions reported in Fatechand Agarwal v. Commissioner of Wealth-Tax (97 IT 501), B. Johar Forest Works v. Commissioner of Income-Tax (107 ITR 409), Jayanthi Talkies Distributors v. Commissioner of Income Tax, Madras (120 ITR 576) and Addl. Commissioner of Income Tax, Lucknow v. Prem Kumar Rastogi ...

Jan 02 2001

Muthoottu Mini Kuries Vs. Deputy Commissioner of Income-tax and Anr.

  • Decided on : 02-Jan-2001

Court : Kerala

Reported in : [2001]250ITR455(Ker)

... on that day, no hearing had been held. Thereafter no opportunity for hearing had been given, but exhibit P-7 had followed. The said order passed under Section 142(2A) of the Income-tax Act, 1961 required the petitioner to get their accounts, pertaining to the previous years relevant to the assessment years, audited by a chartered accountant nominated. It had been claimed that ... Income-tax Act, 1961 required the petitioner to get their accounts, pertaining to the previous years relevant to the assessment years, audited by a chartered accountant nominated. It had been claimed that such direction has been issued taking note of the nature and complexity of the accounts maintained by the assessee, the interests of the Revenue and with prior approval of the Commissioner of Income-tax ... that an objective assessment was mandatory and an opinion has to be formed, in definite terms, before adopting the procedure prescribed by Section 142(2A) of the Act.4. A statement had been filed by standing counsel for the Income-tax Department, based on the instructions received from the Department. Highlighting the points, standing counsel submitted that it was found, that the ... to the conclusion that permission from the Commissioner of Income-tax has to be obtained for a fresh audit. This in fact shows that it was not because of the complexity of accounts that such a decision was taken. And it is not a contingency referred to in Section 142(2A) of the Act. Even though it was suggested, as regards the ...

Feb 03 2005

Rajesh Kumar Prop Surya Trading Vs. Dy CIT

  • Decided on : 03-Feb-2005

Court : Delhi

Reported in : [2005]144TAXMAN865(Delhi)

... , passed by the Dy. CIT, Circle 18, Jhandewalan, New Delhi, directing special audit under section 142(2A) of the Income Tax Act, 1961 (hereinafter referred to as the Act), for the block period 1-4-1996 to 18-12-2002.2. The ... section 142(2A) of the Income Tax Act.M/s. Dhanesh Gupta & Co., CA, 1-1/16, Ansari Road, Shanti Mohan House, Darya Ganj, New Delhi, has been nominated by the CIT, Central-III, New Delhi, for audit under section 142(2A) of the Income Tax Act ... Income Tax Department carried out search and seizure upon the petitioners under the provisions of section 132(1) of the Act. Various documents and books of account were seized. The assessment was required to be made in accordance with the provisions of Chapter XIV-B of the Act. The department issued notice to the petitioners under section 158BC of the Act ... section 158BC of the Act on 19-5-2003, for the block period 1-4-1996 to 18-12-2002. Petitioners filed return of undisclosed income on 2-6-2003. After examination of the return and in exercise of its power, the assessing officer issued a notice- cum- questionnaire to the petitioners under section 142(1) of the Act ... Act. The department issued notice to the petitioners under section 158BC of the Act on 19-5-2003, for the block period 1-4-1996 to 18-12-2002. Petitioners filed return of undisclosed income on 2-6-2003. After examination of the return and in exercise of its power, the assessing officer issued a notice- cum- questionnaire to the petitioners under section 142 ...

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 ...

Dec 02 2006

Selvi J. Jayalalitha, Vs. The Union of India (UOI), rep. by its Secret ...

  • Decided on : 02-Dec-2006

Court : Chennai

Reported in : [2007]288ITR225(Mad)

... required to file return of income for the Assessment Year 1993-94 under Section 139(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') by 31st August, 1993. The first petitioner failed to furnish the return of income. A notice was sent to the first petitioner under Section 142(1) on 18.1.1994, calling upon her to file the return of income within a period ... provisions of the Income Tax Act, 1961 are extracted hereunder:Section 139 of the Income Tax Act reads thus :Return of income. 139.(1) Every person, - (a) being a company or a firm; or(b) being a person other than a company or a firm, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous ... challenge the constitutional validity of Section 278E of the Income Tax Act, 1961 (hereinafter referred to as the 'Act').2. The petitioners are facing prosecution before the Additional Chief Metropolitan Magistrate (E.O. II), Egmore, Chennai-8 for the offence under Section 276CC of the Act. The case of the petitioners is that, the expression 'wilfully' occurring in Section 278E of the Act indicates the mens rea element. ... rare cases.Individual liberty does not stand alone, but it stands with morality, law, justice, common good and responsibility. 76. I, therefore, reject the attack on the constitutionality of Section 278E of the Income Tax Act, 1961. The writ petitions are dismissed. No costs. Consequently, M.P. Nos.1, 1, 1, 1 of 2006 are closed.

Dec 02 1999

Kailash Moudgil Vs. Deputy Commissioner Of

  • Decided on : 02-Dec-1999

Court : Income Tax Appellate Tribunal (ITAT) - Delhi

Reported in : (2000)72ITD97(Delhi)

... [1995] 211 ITR 256/83 Taxman 263, while considering the validity of the transfer order made under section 127 of the Income-tax Act, 1961, considered the meaning of the word 'case' and they held as per the Head Note at page 256 as follows : "In section 127 of the Income-tax Act, 1961, the word 'case' is used in a comprehensive sense for pending proceedings as well as for ... of extraordinary jurisdiction conferred on the Supreme Court under Article 136 of the Constitution. Secondly, such Gurumukh Singh (supra) is a case decided when provision of section 142(3) was never in existence in the Income-tax Act, since they came into the Statute book only from 1-4-1972. Therefore, we are unable to see relevance of the ratios of these two decisions for ... In this case, it is clear that under section 5(7-A) of the Indian Income-tax Act, 1922 before a transfer of one case from one ITO to another by Commissioner in whose jurisdiction both the ITOs function, hearing of the assessee before transfer order was passed was not essential. However, section 127 of the Income-tax Act, 1961, now enjoins an obligation to afford a reasonable ... was not essential. However, section 127 of the Income-tax Act, 1961, now enjoins an obligation to afford a reasonable opportunity of being heard to the assessee in the matter before transfer of case from one ITO to the other is ordered. Therefore, the principle enunciated in this judgment would only point out that if it is a mandate of the section itself to give ...

May 31 2005

Gorakhpur Petro Oils Ltd. Vs. Additional Commissioner Of

  • Decided on : 31-May-2005

Court : Income Tax Appellate Tribunal (ITAT) - Allahabad

Reported in : (2005)95TTJ(All.)489

... under the old IT Act, 1922 and not applicable to this case by assessee-company in view of the express wordings of Section 68 of the IT Act, 1961. Section 68 of IT Act, 1961 lays down that unexplained cash credits may be treated as income of the same previous year. Such unexplained cash credit has to be assessed under the head "Income from other sources" and ... undisclosed income of the block period in the manner laid down in Section 158BB and the provisions of Section 142, Sub-sections (2) and (3) of Section 143 and Section 144 shall, so far as may be, apply; (c) the AO, on determination of the undisclosed income of the block period in accordance with this Chapter, shall pass an order of assessment and determine the tax ... 96.Income-tax Office : Central Circle - II Kanpur In pursuance of the provisions of Section 158 (sic) of the IT Act, 1961, you are requested to prepare a true and correct return of your total income including the disclosed income in respect of which as individual/HUF/ Firm/Company/AOP/BOI, local authority are assessable for the block period mentioned Section 158B(a) of the IT Act, 1961 ... Section 158B(a) upto 3.9.96.Income-tax Office : Central Circle - II Kanpur In pursuance of the provisions of Section 158 (sic) of the IT Act, 1961, you are requested to prepare a true and correct return of your total income including the disclosed income in respect of which as individual/HUF/ Firm/Company/AOP/BOI, local authority are assessable for the block period mentioned Section ...

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