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

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 ...

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 ...

Apr 07 1978

Addl. Commissioner of Income-tax Vs. Lalita Pd. Ram Prakash

  • Decided on : 07-Apr-1978

Court : Allahabad

Reported in : [1980]122ITR591(All)

... the Income-tax Officer's order under section 186(2) even though there was on the part of the assessee-firm such failure in respect of the assessment year 1971-72 which called for an assessment under section 144 of the Income-tax Act, 1961 ? '6. The ITO having been informed that the assessee had carried on teh-bazari contract business at Patti Sultanpur, issued a notice under section 142 ... it had not taken any contract of teh-bazari of Patti Sultanpur was false has also been maintained. The ITO had, in his notice under section 142 of the Act, required the assessee to prove the quantum of income from the teh-bazari contract of Patti Sultanpur. The assessee had admittedly failed to comply with that notice. In this view, the question whether the ... the Act, required the assessee to prove the quantum of income from the teh-bazari contract of Patti Sultanpur. The assessee had admittedly failed to comply with that notice. In this view, the question whether the assessee had, in fact, maintained accounts of that business for this year or not was not very material. The material non-compliance of the notice under section 142 ... ITO issued notice under section 142 of the I.T. Act. requiring the assessee to produce the accounts of this contract business. The assessee replied by a letter that it had never taken any contract of teh-bazari of Patti Sultan-pur. The ITO, however, was not satisfied. He passed an assessment order to the best of his judgment Under-section 144. In it ...

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 ...

Feb 09 1996

Commissioner of Income-tax Vs. Dhariwal Sales Enterprises

  • Decided on : 09-Feb-1996

Court : Madhya Pradesh

Reported in : (1997)137CTR(MP)365; [1996]221ITR240(MP)

... income-tax reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the I. T. Act'), at the instance of the Revenue and the following questions of law have been referred by the Tribunal for answer of this court, which read as under :' (1) Whether, on the facts and in the circumstances of the case, the learned Income-tax ... Income-tax Act. Against this assessment order, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals), Jabalpur, who set aside the order passed by the Income-tax Officer and directed the Income-tax Officer to make the assessment de novo.3. The Income-tax Officer, while making the assessment de novo as per the directions of the Commissioner of Income-tax (Appeals), invoking the provisions of Section 142(2A) of the Income-tax Act ... of the case, the learned Income-tax Appellate Tribunal was correct in holding that the assessment made on September 3, 1985, was barred by limitation ? (2) Whether the Income-tax Appellate Tribunal was correct in holding that in computing the period of limitation for the purpose of Section 153 of the Income-tax Act, 1961, 'the date on which ... by limitation ? (2) Whether the Income-tax Appellate Tribunal was correct in holding that in computing the period of limitation for the purpose of Section 153 of the Income-tax Act, 1961, 'the date on which the assessee furnishes the report of such audit' in Sub-clause (iii) of Explanation 1 to that section must be interpreted to include the ...

May 08 1989

Muni Lal Moti Ram Vs. Commissioner of Income-tax

  • Decided on : 08-May-1989

Court : Punjab and Haryana

Reported in : [1989]180ITR107(P& H)

... Income-tax Officer framed the assessment under Section 144 of the Income-tax Act by taking into consideration the turnover on which the sales tax assessments were framed treating the same to be relevant material. Different percentages of profit were worked out for the assessment years and the tax liability was calculated. The assessee filed an application under Section 146 of the Act ... Section 144 of the Act, the Income-tax Officer simultaneously proceeded to cancel the registration for the assessment years 4969-70 to 1973-74 and to refuse registration for the assessment year 1974-75. The Income-tax Officer took notice of the default committed by the assessee under Section 144(1)(b) of the Act whereby it failed to comply with the terms of the notice issued under Section 142 ... Income-tax Officer had afforded the assessee an opportunity under Section 186(2) as required under law before cancellation of registration ?'4. The assessee is a partnership firm. For the assessment years in question, the assessments were completed either under Section 143(1) or under Section 143(3) of the Income-tax Act between October 27, 1969, and October 25, 1973. Later on, the Income-tax ...

May 08 2002

Dr. Nalini Mahajan, Vs. Director of Income Tax (Inv.) and Ors.

  • Decided on : 08-May-2002

Court : Delhi

Reported in : 2002VAD(Delhi)353; 98(2002)DLT525; [2002]257ITR123(Delhi)

... Section 12A of the Income Tax Act, 1961 (hereinafter referred to as, 'the Act') was granted by the Commissioner of Income Tax. A trust deed was executed in terms whereof the objects of the original trust were elaborated. On or about 1.3.1979 a supplementary deed was also executed to conform to the provisions of Section 13(5) of the Act whereafter, the Commissioner granted exemption in terms of Section ... to whom a summons under Sub-section (1) of Section 37 of the Indian Income-tax Act, 1922 (11 of 1922), or under Sub-section (1) of Section 131 of this Act, 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 this Act was issued to produce, or cause ... Income Tax Act, 1961 (hereinafter referred to as, 'the Act') was granted by the Commissioner of Income Tax. A trust deed was executed in terms whereof the objects of the original trust were elaborated. On or about 1.3.1979 a supplementary deed was also executed to conform to the provisions of Section 13(5) of the Act whereafter, the Commissioner granted exemption in terms of Section 80G of the Act ... section (9A) of Section 132 of the Income-tax Act, 1961, we are in agreement with the judgment of the High Court (reported as : [1987]166ITR244(Mad) ) that the Assistant Director of Inspection, who was the authorised officer for the purposes of carrying out search and seizure but was not the Income-tax Officer who could pass an order under Sub-section (5) of Section ...

Oct 26 2004

Dhanesh Gupta and Co. Vs. Union of India (UOI) and Ors.

  • Decided on : 26-Oct-2004

Court : Delhi

Reported in : (2004)192CTR(Del)612; [2005]272ITR482(Delhi)

... Section 142(2D) of the IT Act, 1961 (hereinafter referred to as the Act). The order was made on 16th Feb., 2000. It may be noted that an order was made earlier under Section 142(2A) of the Act whereby a chartered accountant was appointed as a special auditor to examine the matters and to submit a report. It is mentioned in the order that a search under Section ... the assets seized as detailed in the seized annexure are reflected by the abovementioned assesseds in their books or in their return of income-tax.(e) To ascertain and quantify the amount spent year-wise and assessed-wise in respect of various landed properties and towards construction of ... Act, 1961 (hereinafter referred to as the Act). The order was made on 16th Feb., 2000. It may be noted that an order was made earlier under Section 142(2A) of the Act whereby a chartered accountant was appointed as a special auditor to examine the matters and to submit a report. It is mentioned in the order that a search under Section 132 of the Act ... of the bill.(c) With regard to rate prescribed by ICAI are only for reference; our appointment for special audit under Section 142(2A) of the IT Act, 1961, in case of P.N. Misra group of cases was made by the learned CIT(II), New Delhi, based on the ... 34 of WP(C) 1775 of 2000, raising a bill of Rs. 9,81,540 including service-tax: After the bill was submitted, the order was made under Section 142(2D) of the Act on 16th June, 2000, Annex. F, which is the order in challenge before this Court. It ...

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