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 : 75CWN568,83ITR907(Cal)
..... anil kumar sinha, j.1. this rule was obtained by the petitioner for quashing several notices under section 148 of the income-tax act, 1961, (referred to herein as the act), proposing to reopen the assessment for the assessment years 1957-58, 1958-59 and 1959-60.2. shortly put the petitioner's case is that he is the karta of ..... that the respondent no. 1 had reasons to believe that income of the petitioner escaped assessment within the meaning of section 147 of the act for which it is also stated that necessary satisfaction of the commissioner of income-tax, west bengal i, has been obtained. thereafter, three notices were issued under section 142(1) of the act, all dated january 1, 1966, asking for production of books ..... course that he had no such business. on 26th february, 1970, again notices under section 142(1) were issued fixing the date of hearing on 6th march, 1970, by the income-tax officer. on the very same date, i.e., on 26th february, 1970, a letter addressed to the income-tax officer on behalf of the petitioner demanding justice for the first time was received and ..... in paragraph 4 of the petition that these notices were received by the petitioner on 19th march, 1965. then it appears that on 7th january, 1966, a notice under section 142(1) of the act was issued fixing the hearing on january 17, 1966. then again some notices of 18th january, 1968, and 24th january, 1968, fixing fresh dates of hearing were issued .....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 : 246ITR475(All)
d.s. sinha, j.1. an order dated january 24, 1997, passed by the assistant commissioner of income-tax, central circle-ill, lucknow, respondent no. 2, under sub-section (2a) of section 142 of the income-tax act; 1961, hereinafter called the 'act', is under challenge in these petitions, under article 226 of the constitution of india, which are before the court for admission.2. sri bharat ji agarwal, ..... petitions are maintainable at allahabad also in view of the fact that the order of 'previous approval' for passing the impugned order, envisaged in sub-section (2a) of section 142 of the act, was accorded by the commissioner of income-tax (central), respondent no. 1, kanpur, which is within the territorial jurisdiction of the court at allahabad.4. in view of the decision of the ..... , passed by respondent no. 2, at lucknow, and no relief has been prayed for quashing the order of 'previous approval' passed by respondent no. 1, under sub-section (2a) of section 142 of the act.8. for asserting that cause of action to maintain the petitions arose at kan-pur which falls within the territorial jurisdiction of the court at allahabad the attention ..... may prejudice the case of the petitioners against the impugned order.12. in the context of the controversy, it would be apposite to notice the provisions of sub-section (2a) of section 142 of the act which reads as below :'(2a) if, at any stage of the proceedings before him, the assessing officer, having regard to the nature and complexity of the accounts .....Tag this Judgment!
Court : Rajasthan
Reported in : 121ITR288(Raj)
..... , 1968 and march 27, 1965, respectively, issued to the petitioner by the income-tax officer, b-ward, jodhpur, maybe quashed. it has also been prayed that the said ito be restrained from, taking proceedings against the petitioner under section 147 of the i.t. act, 1961 (hereinafter to be referred to as 'the act'), for the assessment year 1948-49.2. the petitioner is a resident ..... evidence regarding investment made by him in shares of r. b. lodha & company, calcutta, and mineral mining company, bombay, along with the source of investments. a notice under section 142(1) of the act (marked ex. 2) for production of necessary account books, etc., in respect of the relevant assessment year, was also enclosed with ex. 1. on receipt of the letter ex ..... that the notice dated march 27, 1965, had been served upon one madho prasad, who was' a complete stranger to him. it was however stated that the notice under section 142(1) of the act, dated december 20, 1968 (ex. 2), received along with the letter, ex. 1, was the first notice which had been received by the petitioner in respect of the ..... section 27 of the general clauses act and section 282 of the i.t. act.6. the other point raised by shri arora is that the necessary foundation had not been laid by the ito for taking proceedings under s. ,147 of the act, inasmuch as he had no reason to believe that for the assessment year 1948-49, any income of the petitioner chargeable to income-tax .....Tag this Judgment!
Court : Chennai
Reported in : 248ITR735(Mad)
..... -1, dated may 15, 1990, and quash the same and direct the respondent to consider the case of the petitioner under section 273a(4) of the income-tax act, 1961.2. the case of the petitioner is that the petitioner is an assessee under the income-tax act in file no. 47-068-pv-3811 of central circle x(1), madras. the petitioner has filed a return showing ..... paid. a penalty of rs. 1 crore has beenlevied under section 271(1)(c) of the income-tax act. an appeal has been preferred before the commissioner of income-tax which was pending at the time of proceedings. the petitioner applied to the commissioner of income-tax for waiver of penalty on october 19, 1989, under section 273a of the income-tax act. 1961, and he contended as follows :the petitioner had produced ..... reduction of penalty. the expression 'full and true disclosure' is not incorporated in sub-section (4) of section 273a of the act. the disclosure of true income need not be made ..... to the appellate assistant commissioner or the tribunal with or without success. filing of a return is an act of the assessee and enquiry into the correctness of the return is made under section 142 of the act. the question of disclosure of the correct income in the return is relevant for the purpose of levying penalty and not for the purpose of waiver or .....Tag 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!