Court : Supreme Court of India
Reported in : AIR1976SC1953; 105ITR109(SC); (1976)4SCC456; 1SCR112; 1976(8)LC733(SC)
..... time were partly paid. the income-tax authorities took steps for realization of the income tax dues against the appellant's family and got attached various properties. in civil suit no ..... were also dismissed. notices were being issued and served under sections 22 and 23 of the income tax act, 1922 for the assessment years which were governed by the said act. in respect of the assessment years 1962-63 onwards notices were issued and served under sections 142 and 143 of the income tax act, 1961. a large sum of tax and penalty became due as the demands from time to ..... the family. at the enquiry the statements of various persons including the appellant were recorded by the income-tax officer. he, by his order, dated january 28, 1960 disallowed the claim under section 25a of the income-tax act, 1922. it is asserted that in the year 1961 a suit for partition had also been filed and the city civil court ahmedabad passed a decree for ..... partition on june 30, 1965. in an appeal filed before the appellate assistant commissioner from the order of the income-tax officer dated january 28, 1960 .....Tag this Judgment!
Court : Delhi
Reported in : 131ITR571(Delhi)
..... notice issued by the ito, the first appellant, under s. 148 read with s. 147 of the i.t. act, 1961, dated march 28, 1970, and a second notice under s. 142 of the act dated april 12, 1973, and also restrained the present appellants from taking any proceedings against the present respondent in pursuance ..... to the second ground again, the supreme court held that it could not have led to the formation of the belief that the income of the respondent chargeable to tax had escaped assessment because of the failure of the assessed to disclose fully and truly all material facts. 5. the position in the ..... establishes a close nexus or live link that shown escapement of assessment. 7. the decision of the madras high court in m. varadarajulu naidu v. cit : 111itr301(mad) also turned on its own facts. in that case it was found that at the time of original assessment the assessed had ..... lal tulsian : 110itr786(cal) and : 111itr25(cal) an the decision of the madras high court in the case of m. varadarajulu naidu v. cit : 111itr301(mad) . we find that so far as the calcutta cases are concerned, both of which related to the same assessed, they are clearly distinguishable ..... calcutta high court in ito v. mahadeo lal tulsian : 110itr786(cal) and another of the madras high court in m. varadarajalu naidu v. cit `. the learned judge pointed out that the interpretation placed by these judgments was contrary to the principles enunciated by the supreme court and in particular the .....Tag this Judgment!
Court : Rajasthan
Reported in : (2005)199CTR(Raj)422
..... to the asst. yr. 1994-95.on 9th aug., 1995, the assessee filed his return declaring a total income of rs. 60,83,130. after the return was processed under section 143(1)(a) of the it act, 1961, notices under sections 142(1) and 143(3) were issued for framing regular assessment.during the course of inquiry, the ao was ..... the parties aggrieved with the order of cit(a) filed appeals before the tribunal who vide its order dt. 15th july, 2003 has allowed the appeal filed by the assessee and rejected the appeal of the revenue by finding that even after rejecting the books of account under section 142 [sic-145(2)] in the absence of ..... was verifiable for carrying the guesswork. therefore, in our opinion, the decision of the tribunal in deleting the additions made by the ao as reduced by the cit(a) cannot be sustained in law.13. it is true that matter of estimate cannot ordinarily be interfered with by this court as it is a finding ..... of imfl were made for making total addition of rs. 52,18,330 as against the gp at rs. 3,69,65,535.6. on appeal, the cit(a) vide its appellate order dt. 24th march, 1998 has reduced a lump sum of rs. 18,00,000 of additions in case of country liquor business ..... has accepted the rejected books of account to be correct, which is a manifest misconception about nature of best judgment assessment. so far deletion made by the cit(a) is concerned, we are satisfied that gp and np estimated by the ao have been reduced by considering the additions to be excessive. end conclusion .....Tag this Judgment!
Court : Kolkata
Reported in : 203ITR630(Cal)
assessment--validity--tribunal quashed assessment on finding that assessee suffered loss--tribunal ought to have determined quantum of income or loss--quashing of best judgment assessment unjustified.held :the tribunal found that in earlier years, the assessee suffered losses and accordingly, the ito was not justified in determining the total income at a positive figure for the assessment years in question without taking into account the relative turnover of the relevant years and the earlier years where the assessee sustained losses. the tribunal ought to have determined the quantum of the income or the loss as the case may be for the years under reference or directed the ito to make fresh assessments on the basis of the material available on record; but the tribunal without adopting any of those two courses, simply annulled the assessments. on the facts and in the circumstances of this case the tribunal was not justified in annulling the assessments.application :also to current assessment years.income tax act 1961 s.144Tag this Judgment!
Court : Kolkata
Reported in : 89ITR317(Cal)
..... . for the reasons given before this application must succeed. the notices for the assessment years 1951-52 to 1962-63 issued under section 148 of the income-tax act, 1961, and notices under section 142(1) for the assessment years 1951-52 to 1962-63 are hereby quashed. there will be no order as to costs. the respondents are restrained from giving effect to the ..... sabyasachi mukharji, j. 1. this is an application challenging the notices under section 148 of the income-tax act, 1961, for the assessment years 1951-52 to 1962-63 and the notices dated 7th june, 1968, under section 142(1) of the said act for the assessment years 1951-52 to 1962-63. the petitioner was served with the notices for the opening of certain assessment of a hindu ..... were served, in view of my judgment in the aforesaid case. it must be held that the income of the said hindu undivided family which had escaped assessment cannot be assessed by giving notice under section 148 of the income-tax act, 4. it was next contended that the notices suffered from another infirmity inasmuch as they did not indicate on whom the said notices ..... undivided family, messrs. pannalal bajaj shyam sundar bajaj various points were taken in support of this application. it was stated, that there were no materials for the income-tax officer, to .....Tag this Judgment!
Court : Kolkata
Reported in : 238ITR899(Cal)
..... the application for stay are taken together for disposal.4. it appears that the appellants, being aggrieved by an order passed by respondent no. 1 in terms of section 142(2a) of the income-tax act, 1961, approached the learned single judge by filing a writ application under article 226 of the constitution of india praying therein, inter alia, that the order be quashed on ..... to our attention a communication dated february 4, 1998, and urged that respondent no. 1 had sought the prior approval of the commissioner of income-tax for appointment of a special auditor in terms of section 142(2a) of the act. he also submitted that in fact the special auditor has already started the work of auditing. according to mr. shome, the appellants had ..... 5. dr. pal, learned senior advocate appearing for the appellants, has contended that the order under section 142(2a) of the act was passed without jurisdiction, specifically averring that it has been passed without the prior approval of the chief commissioner of income-tax as required under the act. dr. pal has also vehemently argued that the appellants cannot be burdened with the payment of ..... improper exercise of jurisdiction by him. the learned single judge upon consideration passed an interim order to the effect that even though the special auditor in terms of section 142(2a) of the act may proceed and that the auditor (accountant) may go ahead with the auditing in accordance with law, the assessing authority shall not make any assessment for the .....Tag this Judgment!
Court : Patna
..... 6, 2000, has been made.3. the petitioner has challenged the appointment of the auditor on the ground of non-fulfilment of the requirements as contained under section 142(2a) of the income-tax act, 1961 (hereinafter referred to as 'the act'). elaborating the submission, learned counsel for the petitioner submitted that the regular assessment proceeding has already been concluded by the assessing authority and some undisclosed ..... income has also been included and the matter is pending before the appellate authority and in that view of the matter the appointment of the auditor is not permissible ..... regard to regular assessment and best judgment assessment section 158bc of the act contains a special procedure with regard to block assessment. in other words, while section 143 of the act deals with the disclosed income, section 158bc deals with undisclosed income. there are two basic requirements for appointment of an auditor as is evident from section 142(2a) of the act. the first requirement is that a proceeding should .....Tag this Judgment!
Court : Mumbai
Reported in : 214ITR656(Bom)
v.a. mohta, j.1. at the instance of the commissioner of income-tax, nagpur, the following question is referred to this court under section 256(1) of the income-tax act, 1961 ('the i.t. act') : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was correct in holding that the order of the appellate assistant commissioner setting aside the order ..... of the income-tax officer was limited to specific issue ?' 2. the assessee declared an income of rs. 12,636 in his return of income the assessment year 1973-74. the income-tax officer had issued notices under sections 143(2) and 142(1) of the income-tax act. the assessee failed to comply with them and, hence, the income-tax officer framed an ex parte assessment under ..... section 144 on the total income of rs. 35,510. the assessee preferred .....Tag this Judgment!
Court : Allahabad
Reported in : (1988)69CTR(All)195; 171ITR640(All)
..... is not the subjective satisfaction of the assessing authority but the objective assessment that is required on the question, whether or not special audit is necessary under section 142(2a) of the income-tax act, 1961. it is also held by the bench on the question of complexity of the account books that that would not depend on the fact whether the account ..... have been elaborately stated in the case of swadeshi cotton mills company ltd. : 171itr634(all) . one of the circumstances stated in the instructions is that where the income-tax officer has any information necessitating a special audit, directions can be issued for special audit. from the facts of the case, especially that the assessee furnished only a provisional ..... commissioner (assessment) to the petitioner, vide the impugned order, annexure 3 to the writ petition, to get its account books audited by the nominee of the commissioner of income-tax, is not erroneous. it has come on record that the assessee has filed a provisional balance-sheet and provisional profit and loss account before the inspecting assistant commissioner (assessment). ..... seeks a writ in the nature of certiorari for quashing the order dated february 17, 1984, annexure 3 to the writ petition, passed by the inspecting assistant commissioner of income-tax (assessment). upon a perusal of annexure 3 to the writ petition, it appears that the inspecting assistant commissioner (assessment) while issuing directions regarding audit for the assessment years .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 210ITR468(P& H)
..... 1. the petitioner has challenged the validity and legality of initiating proceedings by issuance of notice dated february 26, 1993, under section 142(2a) of the income-tax act, 1961 (hereinafter referred to as 'the act'), requiring the petitioner to get a special audit of its accounts conducted for the assessment year 1990-91. the challenge is on the ground that the accounts of the ..... petitioner have already been audited being a limited company and the assessing officer erred in passing the order under section 142(2a) of the act requiring the ..... and, therefore, the assessing officer erred in extending the period for submission of the report of the special audit under section 142(2a) of the act. there is no substance in this submission either. the proviso to sub-section (2c) of section 142 of the act makes it clear that the assessing officer may, either on the application made by the assessee and/or for any ..... in forming the opinion that the accounts of the company require a special audit.2. the next argument raised was that under section 142(2c) of the act, the period fixed by the assessing officer for the report under sub-section (1) was three months and this period could not be extended until and unless an application was filed by the assessee for .....Tag this Judgment!