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Judgment Search Results Home > Cases Phrase: income tax act Court: delhi Year: 1976 Page 1 of about 36 results (0.055 seconds)

Aug 24 1976 (HC)

Chiranji Lal Ramji Das Vs. Income-tax Officer and ors.

Court : Delhi

Decided on : Aug-24-1976

Reported in : ILR1976Delhi779; [1978]115ITR842(Delhi)

..... omission or failure to disclose fully and truly all material facts. (49) there is a wealth of case law on reassessment under s. 147 and 148 of the income-tax act of 1961. but here it is enough to refer to a very recent decision of the supreme court in i.t.o. v. lakhmani mewal das : [1976] ..... 56. (5) for the assessment year 1949-50 the income-tax officer, central circle iii, delhi on march 21, 1966 issued a notice under s. 148 of the income-tax act of 1961 (the act) to the petitioner. 'where as i have reason to believe that your income chargeable to tax for the assessment year 1949-50 has escaped assessment within the ..... meaning of section 147 of the income-tax act, 1961. 1. thereforee, propose to reassess/re-compute the income for the said assessment year and ..... i hereby require you to deliver to me within 30 days from the date of service of this notice, a return in the prescribed form of your income in respect of which you are ..... assessment.' (59) i would, thereforee, accept all the six petitions and quash the notice dated january 4, 1967, under s. 148 of the income-tax act issued by respondent no. 1. the petitioner would be entitled to costs. .....

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Sep 01 1976 (HC)

R. Dalmia Vs. the Commissioner of Income-tax

Court : Delhi

Decided on : Sep-01-1976

Reported in : ILR1976Delhi565b; [1978]113ITR522(Delhi)

..... been satisfactorily explained. hence, it held, that the conclusion of this amount in the income of the assessed was justified.(13) on 6th july 1970 the assessed moved an application under section 66(1) of the income-tax act 1922 before the tribunal requiring it to refer to the high court eight questions of law ..... t.p.s. chawla, j. (1) this is an application under section 66(2) of the income-tax act, 1922. the petitioner is r. dalmia, the assessed. he prays for an order to be made requiring the appellate tribunal to ..... the tribunal to support its finding, the high court has no power to require a reference even though it does not concur in the conclusion : see commissioner of income-tax, (central) calcutta vs . daulat ram rawatmull, : [1964]53itr574(sc) . here the material was overwhelming and the conclusion irresistible.(27) although these were ..... to take notice of material which was relevant, if this were true there would be ground for requiring the tribunal to make a reference : see commissioner of income-tax (central) , calcutta vs . daulat ram rawatmull : [1973]87itr349(sc) but beyond making these assertions counsel for the assessed could point to nothing in support ..... sources.'again, it will be noticed, that the court was adverting to the question whether the tribunal's conclusion on the facts was right.(23) in commissioner of income-tax (central) , calcutta vs . daulat ram rawatmull : [1973]87itr349(sc) the assessed was a firm. as collaterals security for the overdraft account of the .....

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Feb 18 1976 (HC)

Bal Kishan Dass and Sons Vs. the Commissioner of Income-tax and ors.

Court : Delhi

Decided on : Feb-18-1976

Reported in : [1976]103ITR825(Delhi)

..... at the material time the karta was bal kishan dass. for the seven assessment years extending between 1st april 1941 to 31st march 1949, assessments were first made under the income tax act 1922 in the ordinary way. afterwards, taking advantage of the voluntary and quasi-voluntary disclosure scheme announced by the government of india in may 1951, the assessed made disclosures ..... 1961. (8) the assessed then filed petitions for revision dated 23rd july 1966, under section 264 of the income tax act 1961, before the commissioner of income tax seeking to have the orders made by the income tax officer cancelled. in these petitions it. was admitted that the amounts alleged to have been paid as commission were in fact 'withdrawn' by harparshad bhatnagar from the ..... dass & sons'. they are entitled 'notice of demand to defaulter', and immediately below, within brickets, is the instruction see rule 2 of the second schedule to the income tax act 1961'. the assessed was required to pay the amount of tax demanded within 15 days otherwise 'steps would be taken to realise the amount in accordance with the second schedule to the ..... the assessed during the years 1941 to 1951, and had been paid income chargeable under the head 'salary', but income tax had neither been deducted at source nor paid to the government as required by section 18 of the income tax act of 1922. hence the assessed was required to appear before the income tax officer and furnish its explanationn for these, defaults. (4) in its .....

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May 27 1976 (HC)

Kewal Krishan Mayor Vs. Kailash Chand Mayor and ors.

Court : Delhi

Decided on : May-27-1976

Reported in : ILR1977Delhi97

..... family is an indirect transfer of property so far as the wife and minor son are concerned within the meaning of section 16(3)(a)(iii) and (iv) of the income tax act. the high court answered the question in favor of the assessed and the case came before the supreme court on a certificate under section 66a(2) ofthe ..... income tax act, thus the main question there was whether the partition of joint hindu family property is a transfer. it was held thatwhen the joint hindu family property was partitioned, there was ..... hindu undivided family, the constituentswhereof stood embodied in paragraph 2 of ext.pw-3/1. an assessment order was made by the income-tax officer for the assessmentyear 1963-64, for the assessment of l. bal mukand under the gifttax act, but the date of the assessment order is not given. theassessment order, ext. pw-1/2, states that shri r. c. sood ..... . bal mukand was accepted by the income tax authorities and in fact gift tax was wrongly levied treating it as a gift to h.u.f. l. bal mukand pursued the case up to appellate tribunal where it was held as not subject to gift tax. l. balmukand, thereforee, did not express his intention by a solitary act ofdeclaration but in series of proceedings that .....

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Nov 18 1976 (HC)

Gobind Sugar Mills Ltd. Vs. the Sugarcane (Additional) Price Fixation ...

Court : Delhi

Decided on : Nov-18-1976

Reported in : ILR1977Delhi259

..... considerations. meaning of rehabilitation (after excluding depreciation):(3) the concept of depreciation is well known in law relating to companies and income-tax as presently reflected in sections 205, 349(4)(k) and 350 of the companies act and section 32 of the income-tax act. as pointed out by the supreme court in the associated cement companies, ltd. v. their workmen, : (1959)illj644sc , ..... writ petition is entertained and the relief prayed for is given, this court would have the discretion to dismiss the writ petition as was done in shri vashista bhargava v. income-tax officer, salary circle, 2nd (1975) 1 delhi 634, relying upon the observations made by the supreme court in a. m. alison v. b. l. sen, : (1957)illj472sc inparas ..... ' was construed by the privy council in relation to the two factors to which regard had to be paid in commissioner of income-tax v. williamson diamonds, ltd. 1958 a.c.41at the end of the first para. in commissioner of income-tax v. gangadhar banerjee & co : [1965]57itr176(sc) , the supreme court also held that relevant considerations other than those mentioned ..... . v. the sugarcane (additional) price fixation authority, : air1971delhi285 , shri ashok sen, learned counsel for the petitioners confined his argument only to the ground that the said authorities had acted contrary to law in disallowing to the petitioners the actual expenditure incurred by them on rehabilitation of plant and machinery in the sugar factories owned by the petitioners. the history .....

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Mar 30 1976 (HC)

Commissioner of Income-tax, Delhi-i, Central Revenue Building, New Del ...

Court : Delhi

Decided on : Mar-30-1976

Reported in : (1976)5CTR(Del)165

ordert. v. r. tatachari, c.j. - this is an application filed by the commissioner of income-tax, delhi-i, new delhi under section 256(2) of the income-tax act, 1961, praying that the income-tax appellate tribunal, delhi bench b be required to state the case and refer the following questions said to ..... arise out of the order of the aforesaid tribunal dated january 22, 1975, in the income-tax appeal no. 2339 of 1973-74, ..... 1967. he, however, filed the return on 4th november, 1970. prior to this, the income-tax officer passed an order on 31st december, 1969, raising the said assessment under section 144 of the act. but on the assessed filling an application under section 146, the said assessment was set aside ..... accepting the explanationn of the assessed and holding that the assessed had reasonable cause for not complying with the notice.3. thereafter, re-assessment under section 143 (3) was made on 6th january 1971, and the income-tax ..... held that it could not be said that the assessed had no reasonable cause for the delay in filling the return, and that the income tax officer was not right in levying penalty. it accordingly cancelled the penalty.6. it is quite clear that the question assessment to whether there .....

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Mar 30 1976 (HC)

The Commissioner of Income-tax, Central Revenue Building, Delhi-i, New ...

Court : Delhi

Decided on : Mar-30-1976

Reported in : (1976)5CTR(Del)184

..... of law arises out of the impugned order of the tribunal. hence the present application under section 256(1) of the income-tax act.5. it is obvious that the findings of the tribunal in impugned order dated 3rd march, 1975, that the firm was a genuine one and smt. shanti devi kedia and ..... that the firm was genuine and smt. shanti devi kedia and shri anand kumar were not the benamidars of shri k. l. rajgarhia. the commissioner income-tax thereupon filed an application under section 256(1) of the income-tax act before the tribunal praying that the two questions mentioned above be referred to this court. the tribunal, however, dismissed the application holding that no question ..... of shri k. l. rajgarhia. in that view, the tribunal dismissed the aforesaid appeals preferred by the revenue. thereupon, the commissioner income-tax, filed applications nos. 626 and 628 of 1974-75 under section 256(1) of the income-tax act praying that the question of registration of the referred to the high court. the said applications were, however, dismissed by the tribunal on ..... . - this is an application filed by the comm., income-tax delhi-i, new delhi, under section 256(2) of the income-tax act, 1961, praying that the income-tax appellate tribunal be required to state the case and refer the following question stated to arise out of the order the said tribunal, dated 3rd march, 1975, in income-tax appeal no. 2483 of 1973-74 relating to the .....

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Apr 06 1976 (HC)

Commissioner of Income-tax, Delhi-iv, New Delhi Vs. M/S. Sarof Industr ...

Court : Delhi

Decided on : Apr-06-1976

Reported in : (1976)5CTR(Del)182

..... not attracted in the case of the assessed and thus holding that no penalty is livable under section 271(1)(c) of the income-tax act, 1961?'2. the assessed is m/s. sarof industries. for the assessment year 1966-67, the assessed filed its return originally on 31st december ..... ordert. v. r. tatachari, c.j. - this is an application by the commissioner of income-tax, delhi-iv, new delhi, under section 256(1) of the income-tax act, 1961, praying that the income-tax appellate tribunal, delhi bench b, be required to state the case and refer the following question stated to ..... that view, the tribunal held that no penalty was livable under section 271(1)(c) of the act.5. the commissioner thereupon filed an application before the tribunal under section 256(1) of the income-tax act praying that the question mentioned above may be referred to this court. by its order, dated ..... names of shri ram gopal sarogi and shri baij nath dalal respectively. the said two cash credits were surrendered by the assessed. as the income-tax officer was of the view that there was definite concealment relating to the aforesaid two items of rs. 7,321/- and rs. 6,000 ..... 8th july, 1975, the tribunal rejected the application taking the view that no question of law arose out of the impugned order of the tribunal, dated 20th november, 1974. the commissioner has now filed the application under section 256 (2) of the act .....

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Feb 18 1976 (HC)

Smt. Ram Jawai, Widow of Shri Bal Kishan Dass 881-882, Nai Sarak, Delh ...

Court : Delhi

Decided on : Feb-18-1976

Reported in : (1976)5CTR(Del)0117B

..... at the material time the karta was bal-kishan dass. for the seven assessment year extending between first april 1941 to 31st march 1949, assessment were first made under the income-tax act 1922 in the ordinary way. afterwards, taking advantage of the voluntary and quasi-voluntary disclosure scheme announced by the government of india in may 1951, the assessed made disclosure in ..... 1961.8. the assessed then filed petitions for revision dated 23rd july, 1966, under section 264 of the income-tax act, 1961, before the commissioner of income-tax seeking to have the order made by the income tax officer cancelled. in these petitions it was admitted that the amounts alleged to have been paid as commission were in fact withdrawn by harparshad bhatnagar from the assessed, ..... income tax act, 1961.11. in november, 1967 the present petitions were filed in this court. they seek to have the order made by the income tax officer and the commissioner of income tax quashed by writs of certiorari, and also pray for orders in the nature of mandamus and ..... bal kishan dass & sons. they are entitled notice of demand to defaulter, and immediately below, within brickets, is the instruction see rule 2 of the second schedule to the income tax act, 1961. the assessed was required to pay the amount of tax demanded within 15 days otherwise steps would be taken to realise the amount in accordance with the second schedule to the .....

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Mar 24 1976 (HC)

income-tax Officer (Admn.) Range Iii and Company Circle Vii, New Delhi ...

Court : Delhi

Decided on : Mar-24-1976

Reported in : (1976)5CTR(Del)0166B

..... time. the affidavit in support of the appeal shows that the proceedings for the assessment year 1957-58 were reopened under section 147 of the income-tax act, 1961 by a notice dated 23rd march, 1966. the income-tax officer stated that notices were issued to the official liquidator who did not produce the books of account in spite of opportunity being given and hence ..... empowered to impose conditions when granting such leave. there was some doubt at one time as to whether the section was wide enough to include income-tax proceedings. there was a view that even assessment proceedings under the income-tax act require the leave of the court before they could be continued or initiated. this controversy has been set at rest by the judgment of ..... an assessment order on the basis of an income rs. 83,692/- was passed and further penalty proceedings were also started under sec. 271 of the income-tax act. when the income-tax officer made a claim to the official liquidator as a creditor in relation to the assessment made, the official liquidator ..... . in view of this decision, the view of the official liquidator expressed in march 1969, to the effect that the leave of the court had to be obtained before the income-tax proceedings under section 147 of the income-tax act, 1961 could be initiated does not seem to the correct. in the circumstances, the reason for which the claim of the .....

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