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Judgment Search Results Home > Cases Phrase: income tax act Page 1 of about 270,137 results (0.631 seconds)

Apr 27 2000 (HC)

Hans Raj Agarwal and Another Vs. Appropriate Authority Constituted Und ...

Court : Andhra Pradesh

Reported in : 2000(4)ALD33; 2000(4)ALT215; [2000]246ITR232(AP)

..... be taken as forming part of record of appeal and be taken into account for the purpose of correcting the mistake under section 35 of the income tax act, 1922. the ratio of that decision in our view, has no application as there is world of difference in facts. the ratio of the ..... ) :'we may clarify that, as far as completed transactions are concerned, namely, where, after the order for compulsory purchase under section 269ud of the income tax act was made and possession has been taken over, compensation was paid to the owner ofthe property and accepted without protest, we see no reason to upset ..... reddi, j. 1. the impugned order passed in exercise of the powers vested in appropriate authority under section 269ud(1) of the income tax act directs pre-emptive purchase of the property belonging to the estate of late mrs. leila d. lein and the payment by central government ..... 17315 of 1989, the high court stayed the dispossession of the petitioners. however, the possession was purportedly taken over by the nominated officer of the income tax department from respondent no.5 on 19-12-1989. by that time, the order of stay was not received by the appropriate authority. before taking ..... income tax officer's order relating to assessment year 1959-60.'19. it is on those peculiar facts, their lordships of the supreme court held that the subsequent decision of the tribunal regarding the value of closing slock of 1959-60 could form the basis for exercising the power under section 35 of the old act .....

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Dec 10 1999 (HC)

B and a Plantations and Industries Ltd. (Formerly Barasali Tea Co. Pvt ...

Court : Guwahati

..... the tribunal that the order of assessment was passed only on march 30, 1988, and not beyond the normal period of limitation prescribed under section 153(l)(a) of the income-tax act is based on any evidence and/or material on record relevant to the assessment order passed in the case of the assessee and/or is perverse and unsustainable in law ..... can fix a notional interest as due, or collected by the assessee. our attention has not been invited to any provision of the income-tax act empowering the income-tax authorities to include in the income, interest which was not due or not collected. in this view, we answer question no. (ii) in the negative, that is, in favour of the assessee and against the revenue ..... passed on march 28, 1988, by the assessing officer inthe assessment records reversing the decision of the commissioner of income-tax (appeals) holding that the said order of assessment was passed beyond the normal period of limitation prescribed under section 153(1) of the income-tax act, expiring on march 31, 1988 2. whether, on the facts and in the circumstances of the case, the ..... p.g. agarwal, j. 1. in this case, the following seven references were made under section 256(2) of the income-tax act, 1961 (for short 'the act'): '1. whether, on the facts and in the circumstances of the case and on the materials on record the tribunal was justified in law in holding that the order of .....

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Mar 01 1974 (HC)

Bhadarmal Hazarimal Vs. Income-tax Officer, a Ward

Court : Guwahati

..... the supreme court as quoted hereinabove, we are clearly of opinion that in the instant case the authority has jurisdiction to issue the impugned notice under section 148 of the income-tax act. in the result, we find that this petition has no merits. 19. the petition is accordingly rejected. the rule is discharged. we, however, make no order as to ..... article 226 of the constitution of india the petitioner has challenged the notice under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the 1961 act'), issued by the income-tax officer, ' a ' ward, jorhat, to the petitioner-firm. the petitioner submitted its return of income for the assessment year 1958-59, corresponding to the accounting year r. n. 2014, along with ..... for the assessment year 1958-59 were completed by the income-tax officer, jorhat, under section 23(5)(a) of the indian income-tax act, 1922, on october 30, 1958. the income-tax officer estimated the income of the-petitioner-firm at rs. 22,863. the partners of the firm paid tax separately on the share of income of the firm. 2. the petitioner-firm thereafter received ..... fully and truly all material facts necessary for its assessment for the assessment year in question, income chargeable to tax had escaped assessment for that year.12. in calcutta discount co. ltd. v. income-tax officer : [1961]41itr191(sc) while considering section 34(1)(a) of the indian income-tax act, 1922, the supreme court has observed as follows: ' before we proceed to consider the .....

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Aug 18 1998 (HC)

Rina Sen Vs. Commissioner of Income-tax and ors.

Court : Patna

..... documents are relevant for the purpose of the issues involved in the suit pending before it. similarly, it seems to us, that the officers mentioned in section 131 of the income-tax act have been vested with powers to make the orders as mentioned therein provided they are satisfied that the orders made would be relevant for the purpose of deciding the case ..... assessee on march 22, 1992, the proceeding was pending before the assessing officer and, therefore, the assessing officer was competent to issue notice under section 131(1)(d) of the income-tax act, 1961.'5. the aforesaid notice said to be have been served on the petitioner on march 22, 1992, it may be mentioned, refers to the very same notice which has ..... calcutta high court explained the scope of the provisions of section 131 in these words (page 573) : 'from a perusal of section 131 of the income-tax act, we are of the opinion, that the power of the income-tax officer under that section is co-extensive with that of a court trying a suit under section 30 of the civil procedure code, read with rules 12 ..... petitioner has been served with a notice issued in terms of section 131(1)(d) of the income-tax act (in short, 'the act'), in the matter of ascertainment of cost of construction of a house by the assistant valuation officer, the income-tax department at the behest of the income-tax officer, ward-iii, ranchi. she seeks quashing of the notice and' a declaration that the proposed .....

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Jul 07 1993 (HC)

Tarajan Tea Co. Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... valid in law and on facts ? 2. whether, under the facts and in the circumstances of the case, the order dated march 19, 1979, passed by the income-tax officer under the provisions of the income-tax act, 1961, was not an order of assessment and the said order was only a draft order of assessment ? 3. whether, under the facts and in the circumstances ..... spontaneous growth was concerned ? (b) erroneous in so far as it is prejudicial to the interests of the revenue within the meaning of section 263 of the income-tax act, 1961. on account of non-inclusion of income attributable to the sale of trees of spontaneous growth 6. whether, under the facts and in the circumstances of the case, the order under appeal, directing ..... section 45 to be the subject of the charge. this inference flows from the general arrangement of the provisions in the income-tax act, where under each head of income the charging provision is accompanied by a set of provisions for computing the income subject to that charge. the character of the computation provisions in each case bears a relationship to the nature of the ..... giving effect to the directions issued by the inspecting assistant commissioner under section 144b of the act was an order of the income-tax officer or of the inspecting assistantcommissioner and whether the provisions of section 263 of the income-tax act are attracted to this non-inclusion of the aforesaid income in the said order dated september 11, 1979 ? 4. whether, under the facts and in .....

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Apr 03 1991 (HC)

Commissioner of Income-tax Vs. Premchand JaIn (Legal Representative of ...

Court : Guwahati

..... to the provisions of section 147(a), it was held (p. 427) : 'the principle in such cases is culled from the words in clause (a) of section 147 of the income-tax act. the words are whether the assessee disclosed 'fully and truly all material facts necessary for assessment'. once the assessee does that, what inferences are to be drawn is in the ..... court for opinion ; 'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the reassessment proceedings under section 147(a) of the income-tax act, 1961, for the assessment years 1958-59 and 1959-60 were not valid in law ?' 2. the assessee is an individual. the years involved are assessment years 1958-59 and ..... officer was satisfied with the genuineness of the transaction at the time of the original assessment, it does not lie in the power of the subsequent income-tax officer to initiate action under section 147 of the income-tax act.' 8. in view of the aforesaid observation, the orders of reassessment for both the assessment years were cancelled by the tribunal and the order of ..... 1959-60. the original assessment for the assessment year 1958-59 was made by the income-tax officer on an income of rs. 5,301 by order of assessment dated april 10, 1961. subsequently, the income-tax officer initiated proceedings for reassessment under section 147 of the income-tax act by issue of a notice under section 148 to the legal representative of the assessee (as .....

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May 31 1996 (HC)

J.D. Enterprises Vs. Commissioner of Income-tax

Court : Guwahati

..... in holding that form no, 11 filed along with the deed was defective. as there was no defect, the question of rectification under the provisions of section 185 of the income-tax act does not arise. however, we feel that in an appropriate case such defects can be cured.18. in view of the above, questions nos. 1 and 2 are answered in ..... contentions of the parties, it will be apposite to examine the deed of partnership and also to look to some of the relevant provisions of the indian partnership act as well as the income-tax act. we find the deed of partnership at pages 36 to 39 of the paper book. in the said deed, it has been recited as under : 'be it noted ..... that the form no. 11 filed along with the deed was defective and if so whether the said defect is rectifiable under the provisions of section 185(2) of the income-tax act, 1961 ?2. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in reversing the order of the appellate assistant commissioner granting registration ..... this court by a judgment and order, dated august 2, 1988, passed in civil rule no. 3(m) of 1986 under section 256(2) of the income-tax act, 1961, the following twoquestions have been referred by the income-tax appellate tribunal for theopinion of this court : '1. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding .....

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Jan 23 2009 (HC)

Commissioner of Income Tax Vs. Mukul Kumar

Court : Patna

..... of notice nobody has appeared on behalf of the assessee.2. on an application under section 256(2) of the income tax act (the act) as it existed prior to the national tax tribunal act, 2005, this court formulated the question of law and directed the income tax tribunal, patna bench, patna to state the case to this court for its opinion. accordingly the tribunal stated the case ..... of law already noticed above.10. on going through the statement of the case and other relevant materials this court finds that the income tax appellate tribunal set aside the order of the commissioner under section 263 of the act on appreciation of a pure question of fact that the assessing officer had undertaken and held reasonable enquiry by calling for explanations from ..... of provisions of section 263 of the act noticed that royalty amount in the hands of the assessee was on account of gift ..... assessee in the year 1984 the assessee received a royalty income of rs. 1,34,143/- and claimed expenses of rs. 1,05,717/-. the assessing officer allowed the expenses to the extent of 50% of the royalty income and completed the assessment under section 143(3) of the act.4. the commissioner income tax (cit), patna in course of examination of assessments in the light .....

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May 15 1996 (HC)

Commissioner of Income-tax Vs. Quality

Court : Patna

..... indicated in the order as to underwhat provision the interest was being levied because interest is chargeable under section 139(8) as well as other provisions of the income-tax act. wedo not find any substance in this contention. it is well-settled, followingthe decision of the supreme court referred to above, that levy of interestis a part ..... petitions were filed before the andhra pradesh high court challenging the notices levying interest under section 139(8) of the income-tax act. the high court had held that the provisions of rule 117a of the income-tax rules imply that opportunity should be given to the assessee to show cause why no interest should be levied and as ..... the omission or default in the submission of the return/payment of tax within the prescribed period and, therefore, the levy is compensatory in nature. on the ..... the later stage.4. in central provinces manganese ore co. ltd. v. cit : [1986]160itr961(sc) , which is a decision of the supreme court, the apex court has held that interest is levied under section 139(8) or section 215 of the income-tax act to compensate the revenue for the loss which it suffers by reason of ..... 1. this reference under section 256(1) of the income-tax act, 1961, is at the instance of the revenue. the questions of law referred to this court for its opinion are as follows : '1. whether, .....

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Jul 04 1977 (HC)

Commissioner of Income-tax Vs. Shyam Sundar Tea Co. Pvt. Ltd.

Court : Guwahati

..... whether, on the facts and in the circumstances of the case, the tribunal was justified in cancelling the penalties imposed by the income-tax officer under section 221(1) of the income-tax act, 1961, relating to the assessment years 1960-61, 1961-62, 1962-63, 1963-64, 1964-65 and 1965-66, against the assessee ..... -64, 1964-65 and 1965-66, in the view that amounts, as assessed, were not recoverable under the provisions of the indian income-tax act, but that they could be recovered only by a suit in civil court; as such no penalty can be imposed either under section 46(7) of ..... not paid to the government account because there was no demand for payment from the income-tax department. the above excuse is thoroughly unconvincing and unacceptable. section 200 of the income-tax act, 1961, casts responsibility on any person deducting tax at source to pay within the prescribed time, the sum so deducted, to the ..... rangarajan, j. 1. the short, but interesting, question that arises for decision in this income-tax reference is whether income-tax due from the assessee which could not be recovered summarily under section 231 of the income-tax act, 1961 (hereinafter called 'the act '), can be recovered by way of penalty. the reference was made ia the following terms : ' ..... for the year 1941-42, was resisted on the ground that it was barred by section 67 of the indian income-tax act, 1922, as well as by limitation. the trial court had negatived both the contentions and decreed the suit. the decision .....

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