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Judgment Search Results Home > Cases Phrase: income tax act Court: allahabad Year: 1999 Page 2 of about 217 results (0.087 seconds)

Nov 30 1999 (HC)

M.Z. Khan Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Nov-30-1999

Reported in : [2000]245ITR693(All)

..... in the negative, i.e., in favour of the assessee and against the commissioner, and hold that the income-tax appellate tribunal was not justified in holding that the income-tax officer was justified in initiating reassessment proceedings under section 147(a) of the income-tax act, 1961.11. question no. 2 is consequential and as a result of the answer to question no. ..... but by oversight did not bring the amounts represented by certain bank drafts to tax as the income of the appellant. subsequently, the income-tax officer initiated action under section 147(a) of the income-tax act, 1961, with a view to assess the amounts as the appellant's income from undisclosed sources. the supreme court held that in such circumstances action under section ..... be said that the. assessee failed to disclose fully and truly any material fact necessary for the assessment of the disputed income. therefore, the reopening of the assessment by recourse to section 147(a) of the income-tax act, 1961, was not permissible and the appellate assistant commissioner had rightly held that the action taken by the assessing officer was ..... the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in holding that the income-tax officer was justified in initiating reassessment proceedings under section 147(a) of the income-tax act, 1961 ?2. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in restoring the matter .....

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Nov 18 1999 (HC)

Commissioner of Income-tax Vs. Hari Om Agarwal

Court : Allahabad

Decided on : Nov-18-1999

Reported in : [2001]249ITR382(All); [2001]118TAXMAN59(All)

..... to this court under section 256 against the tribunal's order cancelling the commissioner's order under section 263 and in those applications moved under section 256(2) of the income-tax act, 1961, being i. t. a. nos. 107 and 108 of 1991, this court vide order dated august 5, 1991, had directed the tribunal to state a case and refer certain ..... the tribunal's order :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in upholding the order of the commissioner of income-tax (appeals), quashing the reframed assessment under sections 143(3) and 263 of the income-tax act ?'4. the facts are that the assessments for the aforesaid two years were made by the assessing ..... officer. subsequently, the commissioner of income-tax noticed that certain deposits in the name of various persons had not ..... 1. all these four applications under section 256(2) of the income-tax act, 1961, are in respect of the same assessee.2. we have heard shri a. n. mahajan, learned counsel for the commissioner.3. income-tax applications nos. 152 and 154 of 1997, are of assessment years 1984-85 and 1985-86 and are directed against a common order dated january 18, 1996, passed .....

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Oct 06 1999 (HC)

Sahara India Ltd. and anr. Vs. Commissioner of Income-tax and ors.

Court : Allahabad

Decided on : Oct-06-1999

Reported in : [2000]246ITR475(All)

..... 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 ..... 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 ..... chief commissioner or commissioner can cause any pain or injury calling for redress.17. therefore, in reference to the context, it is the act of the assessing officer directing audit by the defined accountant and the resultant injury which will furnish cause of action to the assessee. the ..... the order of the assessing officer will be contrary to law.14. in the exercise of powers under sub-section (2a) of section 142 of the act there are three consecutive stages, namely, (a) formation of opinion by the assessing officer ; (b) grant of approval by the chief commissioner or ..... setting forth such particulars as may be prescribed and such other particulars as the assessing officer may require.'13. section 142(2a) of the act ordains the assessing officer that before directing the assessee to get the accounts audited by an accountant, as defined in the explanation below sub- .....

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Nov 05 1999 (HC)

Shanker Traders Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Nov-05-1999

Reported in : [2001]248ITR691(All); [2001]118TAXMAN22(All)

1. these three applications under section 256(2) of the income-tax act, 1961, have been preferred by an assessee praying that the income-tax appellate tribunal, allahabad, be directed to state respective cases and refer the following questions stated to be of law and to arise out of the common order dated april 22, ..... found that the said letter was not the basis of the assessment and the finding in the assessment order about the correct extent of income and in the penalty order about the act of concealment of particulars of income is based on an appreciation of facts of the case and the material on record.5. learned counsel for the assessee contended that the ..... by virtue of explanation 4 to section 271(1) which defines the amount of tax sought to be evaded to mean the tax that would have been chargeable on the income in respect of which particulars have been concealed or inaccurate particulars have been furnished had such income been the total income. when an assessee declares a loss and the assessment is made on a ..... positive income, by adjustment of the income the particulars which were concealed, by virtue of the explanation .....

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Oct 06 1999 (HC)

Commissioner of Income-tax Vs. Jai Bharat theatre

Court : Allahabad

Decided on : Oct-06-1999

Reported in : [2001]247ITR295(All); [2000]110TAXMAN297(All)

..... that there was no business carried on in the assessment year 1963-64. thus, in order that there may be a valid partnership entitled to registration under the income-tax act, 1961, it has to be engaged in business, i.e., trade, occupation or profession. it is in this light that it had to be examined whether ..... immovable property and this activity did not amount to a business. consequently, there was no valid firm for the purposes of the income-tax act which could be granted registration and assessed as such. we, therefore, answer the aforesaid question in the negative, i.e., in favour of the commissioner ..... aforesaid four persons in the name of the firm, jai bharat theatre, as a registered firm. the assessment order was passed on february 24, 1981. the commissioner of income-tax, lucknow, thought that the so called firm, jai bharat theatre, did not carry on any business and, therefore, there was no valid partnership. he, therefore, took ..... m.c. agarwal, j. 1. the income-tax appellate tribunal, allahabad, under section 256(1) of the income-tax act, 1961, has referred the following questions stated to be of law and to arise out of the tribunal's order dated april 29,1981, passed ..... intended to carry on a hotel business in the same building. the supreme court held that the income from rent cannot be taxed under section 9 of the 1922 act, i.e., as income from house property and had to betaxed as income from other sources. it held that whether a particular letting amounts to business has to be .....

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Apr 07 1999 (HC)

Sanjay Engineering Corporation Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Apr-07-1999

Reported in : (2000)162CTR(All)195; [2000]244ITR58(All)

..... limitation for completing the assessment of the assessment year 1972-73, in the normal course, expired on march 31, 1975, in accordance with the provisions of section 153 of the income-tax act, 1961. the assessing' officer completed the assessment under section 144 of the act on january 18, 1975. this assessment was, however, reopened on march 31, 1975, under section 146 of the ..... tribunal has referred the following question of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that it would not be correct ..... march 51, 1977, in the normal course. however, in view of the fact that the proposed addition was more than rs. 1 lakh, the income-tax officer had to comply with the provisions of section 144b of the act. clause (iv) of explanation 1 to section 153 excludes the period not exceeding 180 days commencing from the date on which the assessing officer ..... or before march 31, 1977. however, as the addition in the case of the assessee was of more than rs. 1 lakh, the income-tax officer framed a draft assessment order in terms of section 144b of the act and forwarded the said draft assessment to the applicant along with the forwarding letter dated february 28, 1977. the said letter, was, however, registered .....

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Apr 21 1999 (HC)

ishwar Das Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Apr-21-1999

Reported in : (1999)155CTR(All)373; [2000]244ITR146(All)

..... were confiscated by the customs authorities. but the dates were released subsequently on payment of fine. the assessee's claim to deduction under section 10(2)(xv) of the indian income-tax act, 1922, was rejected on the ground that the amount was paid by way of penalty for a breach of the law. an infraction of the law was not a normal ..... s. l. sarap, j.1. at the instance of the assessee, the following question of law has been referred fay the income-tax appellate tribunal, lucknow, under section 256(2) of the income-tax act, 1961, for opinion of this court:'whether, on the facts and circumstances of the case, the tribunal was right in law in holding that the loss incurred by the assessee ..... appeal of the assessee. the assessee in the said case had indulged in violation of the foreign exchange (regulation) act. the assessee's case was that if law permits the same should be allowed under the provisions of section 37 of the income-tax act. the court held that there can be no justification for contravention of law against the public policy to allow ..... : [1971]82itr794(sc) , where the supreme court has held that for the purpose of section 10(1) of the indian income-tax act, 1922, a loss incurred in carrying on an illegal business must be deducted before the true figure of profits brought to tax can be computed. mr. justice grover, speaking for the court, observed as under (page 802) :'if the business is .....

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Nov 16 1999 (HC)

Bhagyoday Builders Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Nov-16-1999

Reported in : [2000]244ITR315(All); [2000]109TAXMAN329(All)

..... ) ?2. whether, on the facts and in the circumstances of the case and on a proper construction of section 58 of the income-tax act, 1961, and rule 5 of the income-tax rules, 1962, the appellate tribunal was justified in disallowing 25 per cent. of the depreciation on the car on the ground of the use of the ..... ,660 representing the value of materials supplied by the con-tractee. the assessee challenged the addition which has been reduced to five per cent. by the commissioner of income-tax (appeals) and has been upheld by the tribunal. the assessee's case was that there was no element of profit in the supply of materials by the contractee ..... tribunal, allahabad, has under section 256(1) of the income-tax act, 1961, referred for the opinion of this court the following questions stated to be of law and to arise out of the order dated february 27, ..... is no finding that the materials so supplied were sold for extra consideration and resulted in an additional profit that has not gone into the computation of the income at rs. 77,575. the cost of the materials whether supplied by the government or independently procured by the contractor would go to the debit of the ..... supreme court held that there was no element of profit in the turnover represented by the cost of the materials supplied by the government to the appellant. the income or profits derived by the appellant from such contracts had to be determined on the basis of the value of the contracts represented by the cash payments received .....

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Apr 22 1999 (HC)

Commissioner of Income-tax Vs. Chandra Mohan Verma

Court : Allahabad

Decided on : Apr-22-1999

Reported in : (1999)155CTR(All)328; [2000]241ITR484(All)

..... plurality of legal representatives, has reference to all those legal representatives. notice under section 24b(2) of the income-tax act, 1922, should, therefore, be served on all the legal representatives of the deceased and if there was no such service on all of them, the fact that one of those ..... the case of daya ram v. shyam sundari : [1965]1scr231 , was invoked by the supreme court in respect of the assessment of income of the estate of a deceased person in the hands of the legal representatives under the income-tax act, in the case of first addl ito v. mrs. suseela sadanandan : [1965]57itr168(sc) . however, the mysore high court in the ..... of the relevant statutory provision would be a mere irregularity may be a gross irregularity, but not a nullity.'13. in cit v. roshan lal : [1982]134itr145(delhi) , the delhi high court had held that (headaote) :'after section 159 of the income-tax act, 1961, has become applicable, if proceedings had already been started they can be continued against the legal representatives as if ..... a person dies and an assessment has to be made with respect to his income, his estate must be properly represented before the income-tax officer, and there could be such representation only if all his legal representatives are served with the notice enjoined by section 24b of the income-tax act, 1922. the expression 'legal representative' occurring in that section, when there is a .....

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Sep 15 1999 (HC)

Commissioner of Income-tax Vs. J.K. Cotton Spinning and Weaving Mills ...

Court : Allahabad

Decided on : Sep-15-1999

Reported in : [2000]244ITR879(All)

1. by this application under section 256(2) of the, income-tax act, 1961, the commissioner of income-tax, kanpur, prays that the following question, stated to be a question of law arising out of an order dated august 23, 1996, passed by the income-tax appellate tribunal, allahabad, in i. t. no. 1562 of 1990 for the assessment year 1974-75 be directed to be referred for the opinion of this court : 'whether, in law and on facts of the case, the tribunal is right in holding that the assessee-company is entitled for development rebate at 25 per cent. on plant and machinery and also deduction under section 80 while it is clear that it was not engaged in a 'priority industry' and the product does not fall within the entry no. 18 of the fifth schedule of the income-tax act, 1961 ?' 2. we have heard mr, mahajan, learned standing counsel, and mr. r. s. agarwal, learned counsel appearing for the opposite party. 3. similar question was sought to be referred in i. t. a. no. 194 of 1988 for the assessment year. 1972-73 and the said application was rejected by this court on july 17, 1989, and the commissioner's special leave petition has been dismissed by the supreme court being s. l. p. (civil) no. 16518 of 1994 (see [1994] 210 itr 6). accordingly, the present application is also rejected.

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