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Judgment Search Results Home > Cases Phrase: income tax act Court: income tax appellate tribunal itat allahabad Year: 1999 Page 1 of about 10 results (0.096 seconds)

Nov 30 1999 (TRI)

Assistant Commissioner of Vs. U.P. National Manufacturers Ltd.

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Nov-30-1999

Reported in : (2001)76ITD272(All.)

..... in view of the mandatory provisions of section 194h, the acit(tds) was fully justified in levying the interest under section 201(1a) of the income-tax act and that the 1d. cit(a) has committed a legal error in cancelling the levy of interest. in support of his contention, the 1d. d.r. has made reference to ..... tullu sales and service centre, lahuravir, varanasi rs. 6,73,878.3. a new provision under section 194h of the income-tax act was enforced w.e.f. 1-10-1991. it required the asscssees to deduct income-tax at source from the amount of commission. this provision is reproduced below : "194h-(1) any person, not being an individual ..... (1). thus if an assessee is in default or deemed to be in default then the recovery of the tax due may be made as per the procedure laid down under the provisions of the income-tax act, 1961 unless prohibited the recovery of government dues can also be made by another mode or procedure under any ..... under section 221 perhaps due to reasonable cause, though the assessee has been treated as in default under section 201(1) of the income tax act due to non-deposit of tds to the credit of central government as laid down under section 200, read with rule 50 of ..... and paid by the assessee.5. the assessee preferred the appeal against the order of cit dated 14-10-1992 passed under section 201 of income-tax act.6. in appeal, it was submitted on behalf of the assessee that the tax at source was not deducted by it because it had applied for exemption from the provision .....

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Nov 30 1999 (TRI)

Assistant Commissioner of Vs. U. P. National Manufacturers Ltd

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Nov-30-1999

..... that in view of the mandatory provisions of section 194h, the acit(tds) was fully justified in levying the interest under section 201(1a) of the income-tax act and that the ld. cit(a) has committed a legal error in cancelling the levy of interest. in support of his contention, the ld. dr. has made reference to the ..... cinni tullu sales and service centre, lahuravir, varanasi rs. 6,73,878.3. a new provision under section 194h of the income-tax act was enforced w.e.f. 1-10-1991. it required the assessees to deduct income-tax at source from the amount of commission. this provision is reproduced below : "194h-(1) any person, not being an ..... (1). thus if an assessee is in default or deemed to be in default then the recovery of the tax due may be made as per the procedure laid down under the provisions of the income-tax act, 1961 unless prohibited the recovery of government dues can also be made by another mode or procedure under any ..... under section 221 perhaps due to reasonable cause, though the assessee has been treated as in default under section 201(1) of the income tax act due to non-deposit of tds to the credit of central government as laid down under section 200, read with rule 30 of ..... and paid by the assessee.5. the assessee preferred the appeal against the order of cit dated 14-10-1992 passed under section 201 of income-tax act.6. in appeal, it was submitted on behalf of the assessee that the tax at source was not deducted by it because it had applied for exemption from the provision .....

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Sep 15 1999 (TRI)

Verma Roadways Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Sep-15-1999

Reported in : (2000)75ITD183(All.)

..... court of india in the case of c. b. gautam (supra) the ld. counsel, shri agarwal, submitted that the decision is in relation to other provisions of the income-tax act and the provisions of section 158bg are distinguishable from those provisions. the ld. counsel further submitted that wherever the legislature intended to provide an opportunity, the requirement of providing ..... a fundamental infirmity cannot be called a "technical objection or a mere irregularity" and such valid infirmity cannot be cured or obliterated by relying on section 292b of the income-tax act.78. we have carefully considered the facts and circumstances the relevant materials to which our attention was invited and the rival submissions relating to these grounds.79. the ..... bullion, jewellery or other valuable article or thing are kept; 43. an in-depth scrutiny of the provisions relating to search and seizure will indicate that section 132 of income-tax act, which empowers the designated authorities for authorising search and seizure etc. and for executing the authorisation warrant by way of search and seizures etc., does not confer any arbitrary ..... are requisitioned under section 132a". his main contention in this regard was that neither there was a valid and legal search initiated against the assessee under section 132 of income-tax act nor the requisitioned material was available to the assessing officer before the issuance of notice under section 158bc.27. in support of the contention, the ld. counsel made .....

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Nov 29 1999 (TRI)

Dr. A.K. Bansal Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Nov-29-1999

Reported in : (2000)73ITD49(All.)

..... of the person) to produce or cause to be produced, books of account or other documents which will be useful for or relevant to proceedings under the indian income-tax act, 1922, or under the income-tax act, 1961, he would not produce or cause to be produced, such books of account or other documents as required by such summons or notice. shri pradeep kar, chairman ..... of the person) to produce or cause to be produced, books of account or other documents which will be useful for or relevant to proceedings under the indian income-tax act, 1922, or under the income-tax act, 1961, he would not produce or cause to be produced, such books of account or other documents as required by such summons or notice. shri pradeep kar, chairman ..... following two questions had been referred for my opinion by the hon'ble president, income-tax appellate tribunal, acting under section 255(4) of the income-tax act, 1961 (hereinafter referred to as 'the act') : "1. whether, in the event of a challenge by the assessee to the validity of search conducted on him under section 132 of ..... believe" not being met and its non-examination by the assessing officer, the appellate tribunal during the hearing of the first appeal under section 253(1)(b) of the income-tax act, 1961 can act similarly and direct the department to produce such material before it 1. in consequence upon the difference of opinion amongst the hon'ble members constituting the division bench, the .....

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Oct 15 1999 (TRI)

Sahara India Savings and Investment Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Oct-15-1999

..... sanctioned for being availed of in india and discount on promissory notes and bill of exchange drawn or made in india. it does not include any amount chargeable to income-tax under the income-tax act under the head 'interest on securities' (e.g., interest on government securities, debentures or other securities issued by local authorities, companies or statutory corporations) and also discount ..... the prior amended provisions excluding interest on securities. he further pointed out to the observation of the madras high court on pages 709 & 710 which reads as under : "the income-tax act did not define 'debentures'. to understand the meaning of the word 'debentures' we have to depend upon various other enactments as mentioned hereinbefore. considering those aspects and the fact that ..... ratan karmarkar v. amulya charan karmarkar 56 cwn 728 1 p. 729." (f) similarly, difference between loans and advances and investment in securities/debentures has been recognised under the income-tax act in section 13(c) r.w. section 13(h) and section 193. apart from this recognised distinction consistently made in law between loans and advances and investment in securities/debentures ..... availed of in india; and (b) discount on promissory notes and bills of exchange drawn or made in india, but does not include- (i) any amount chargeable to income-tax under the income-tax act under the head 'interest on securities'. (ia) interest referred to in sub-section (1b) of section 42 of the reserve bank of india .....

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Nov 30 1999 (TRI)

V.V.S. Alloys Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Nov-30-1999

..... business of the directors as any information about the independent business activities of the three directors in this very line of business was neither available in their respective income-tax records nor found during the course of search.56. as regards alternate claim of the appellant that the said loose papers did not go to show that ..... ddi wing, even after conclusion of search on 3rd september, 1996, itself. he placed before us the specific instances where statements were recorded by the asstt. director of income-tax after concluding the search operation, which are as under :------------------------------------------------------------------------sl. name of persons whose statements were date ofno. recorded statement------------------------------------------------------------------------(1) sanjay kumar agarwal director 15-10-1996 ..... assumption of jurisdiction by the ao to pass block assessment order. (a) the passage appearing at p. 1216 of kanga and palkhivala's "the law and practice of income-tax" eighth edition reading as under : "waiver of notice - the earlier view of the calcutta and kerala high courts was that the requirement of a valid notice, though ..... and examine them under various provisions as are contained in part c of chapter xiii of the act, particularly those contained in s. 131(1a). it was further argued that even if the authorised officer or the asstt. director of income-tax does not have jurisdiction of the ao, he is not debarred from exercising the powers conferred .....

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Jun 30 1999 (TRI)

Monga Metals (P) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Jun-30-1999

..... provisions of act and not under the provisions invoked by the ao.65.3. in view of the foregoing discussions, we are ..... in such type of activities, therefore, do not fall within the ambit of taxing provisions such as invoked by the ao.the indulgence of someone in such type of activity may fall within the ambit of some other provisions of the act, such as abatement for evasion of income-tax and the remedial action for such type of assessee's lies under some other ..... , the onus to prove as to how the contents of those documents represented purchase or sale of ingots or scrap and how that resulted in income liable to be taxed as undisclosed income under chapter xiv-b of the act on the revenue but the revenue has failed to discharge this onus. the observations of the ao are purely astronomical presumption and consequently are ..... question arises as to why the assessee will extend any benefit or allow any 3rd party to earn some income, when the assessee can disclose its cash by taking recourse to the provisions of s. 273a of the act and by paying the regular tax. (d) further by introducing cash to the extent of gross profit as in the above example one is .....

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Apr 12 1999 (TRI)

Assistant Commissioner of Income Vs. U. P. National Mfg Ltd. (Asstt. C ...

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Apr-12-1999

..... cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rate of ten per cent. (a) to such persons or class or classes of persons as the central ..... reasonable cause" would mean a cause which is beyond the control of the assessee and means a cause which prevents a reasonable man of ordinary prudence acting under normal circumstances, without negligence or inaction or want of bona fide, advances the assessee's case rather than the revenue's case because in ..... statute that the person is not liable to discharge the obligation and for this purpose we consider it necessary to consider the provisions of s. 194h of the act which were operative only during the period 1st october, 1991 to 30th may, 1992, and were in the following terms : "194h - (1), any ..... assessee. "reasonable cause" means cause which prevents a reasonable man of ordinary prudence acting under normal circumstances, without negligence or inaction or want of bona fide from furnishing their turn in time." 10. concluding his submissions, the learned departmental representative ..... an opportunity of persuading the officer concerned that he has a reasonable cause for the default. the words "reasonable cause" have not been defined under the act but they could receive the same interpretation which is given to the expression "sufficient cause". therefore, in the context which is beyond the control of the .....

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Apr 26 1999 (TRI)

Senior Accounts Officer, thermal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Apr-26-1999

..... complete a particular part of the project, namely, construction of railway line to provide transport facilities. thus, the appellant was liable to deduct the tax under s. 194c of the act. there was no reasonable cause for not doing so. the penalty is rightly levied, it is confirmed." 3. before us, the submission ..... their profit. not being satisfied with the assessee's explanation, the ito(tds) referred the matter to the dy. cit for imposition of penalty under s. 271c of the act. the dy. cit also issued a show-cause notice in response to which the contentions made before the ito were reiterated. on the contention ..... senior accounts officer in b-thermal power project of u.p.state electricity board, anpara, was a person responsible for deduction of tax at source under s. 194-c of the act from payments made to contractors and sub-contractors. during the financial years 1989-90 and 1990-91 and 1991-92, payments of ..... the assessee never treated m/s. ircon as a contractor and it was because of this bona fide understanding that no tax was deducted at source under s. 194c of the act. in this connection, it was stressed that the payments to m/s ircon were being made by b-thermal power project ..... which our attention was invited and the rival submissions. sec. 271c provides for imposition of penalty for failure to deduct tax at source under the provisions of chapter xvii-b of the it act. however, the imposition of penalty is not automatic because of s. 273b which lays down that no penalty shall be .....

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Jun 21 1999 (TRI)

Smt. Usha Tripathi Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Jun-21-1999

..... dispute is only with respect to the applicability of the other provisions of the act. the appellant's stand is that the other provisions, such as provisions ..... 000 only a few were recorded in the regular books of account maintained for the purpose of income-tax. when called upon to explain the extent of income on the basis of this document, the appellant computed her undisclosed income at rs. 71,450 as per following details :from august, 1995 to december, 1995 1, ..... the entries, which are in the nature of income, recorded in document annexure a-3 has not been recorded in the other set of books claimed to be regular books of account by the assessee for the purpose of income-tax, the income is admittedly undisclosed income and there is no dispute about it. the ..... of the hon'ble supreme court, we are unable to accept the theory put forward by the appellant that while determining the undisclosed income chapter xiv-b of the act the provisions other than the provisions of chapter xiv-b are not applicable. however, our conclusion is subject to the exception that ..... year, either assessed or declared in pending return. in other words, what the sections prescribe, is the total income to be computed in accordance with the provisions of chapter iv of the act and since s. 145 do not fall within chapter iv, it is deemed to have been excluded from .....

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