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Judgment Search Results Home > Cases Phrase: income tax act Court: income tax appellate tribunal itat kolkata Year: 1992 Page 1 of about 51 results (0.101 seconds)

Aug 31 1992 (TRI)

Assistant Commissioner of Vs. Nivedan Vanijya Niyojan Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Aug-31-1992

Reported in : (1993)44ITD215(Kol.)

..... averment in paragraph 3 of his affidavit. when the original appeal has not been properly authorised as required by section 253(2) of the income-tax act. it is no appeal in the eyes of law and even the order passed by the tribunal on the same in ita no. 1427 ..... that on the facts and in the circumstances of the case, the learned commissioner of income-tax (appeals) erred in deleting the addition of rs. 20,90,829 made by the assessing officer under section 41(1) of the income-tax act, 1961 accepting fresh evidences produced before him which were not produced earlier before the assessing ..... officer in violation of rule 46a(2) of the income-tax rules, 1962.2. there is a delay of 50 days in filing the appeal ..... it should be remembered that authorisation under section 253(2) of the act, the person who has the right to appeal is the commissioner of income-tax and not the income-tax officer. the income-tax officer when he filed the appeal under the direction of the cit performs only a ministerial function (please see the decision of the supreme ..... error in deleting the addition of rs. 20,90,829 made under section 41(1) of the act, nor did he commit any such violation of the provisions of rule 46a(2) or (3) of the income-tax rules as would cause prejudice to the interests of the department. we see no merit in the .....

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Sep 15 1992 (TRI)

Assistant Commissioner of Vs. Birla Buildings Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Sep-15-1992

Reported in : (1992)43ITD586(Kol.)

..... assessable income. it was further held that a sum of money so paid in a ..... high court in the case of binodiram balchand v. cit [1963] 48 itr 548, held that sums paid by an assessee by way of professional fees to an income-tax adviser for services rendered during and for the conduct of assessment proceedings before the income-tax authorities were deductible under section 10(2)(xv) of the income-tax act, 1922, as amended in 1939, in computing his ..... paid to any person (other than an employee of the assessee), -- (a) for services (not being services by way of preparation of return of income) in connection with any proceeding under this act before any income-tax authority or the commission constituted under section 245b or a competent authority within the meaning of clause (b) of section 269a or the appellate tribunal or ..... by way of deduction any expenditure incurred by him in the previous year in respect of any proceedings before any income-tax authority or the appellate tribunal or any court relating to the determination of any liability under this act; by way of tax, penalty or interest: provided that no deduction under this section shall, in any case, exceed in the aggregate five .....

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Jan 27 1992 (TRI)

Dunlop India Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jan-27-1992

Reported in : (1992)41ITD582(Kol.)

..... be passed restraining the respondents, their servants and agents from giving any effect to and/or taking any steps and/or from applying the provisions of section 43b of the income-tax act, 1961, in the case of the petitioner's assessment till disposal of the rules; (g) that an interim order may be passed restraining the petitioner from submitting any estimate of ..... an account other than the profit & loss account. ah the same, the manner in which entries are made or not made at all is relevant but not decisive under the income-tax act. legal implication of an event or transaction is important and not the manner in which record is made in the books of account.19. in the case in hand, there ..... september 19, 1990.2. the first and the main controversy relates to rs. 2057.77 lakhs disallowed and added back in the income of the assessee under the provisions of section 43b of the income-tax act, 1961 (hereinafter referred to as the 'act'). the relevant facts leading to the above addition are as follows.3. the assessee, a well-known public limited company, carried ..... advance tax or return for the assessment year 1984-85 and onwards under the income-tax act, 1961 on the basis of and in accordance with section 43b of the act until further orders.the ad interim order was modified on march 7,1988 with regard to prayer (f .....

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Mar 24 1992 (TRI)

Jafkay (India) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Mar-24-1992

Reported in : (1992)42ITD23(Kol.)

..... this petition is to review our order dated 22-1-1992 and it is unfortunate for the assessee that we do not possess such power under any provision of the income-tax act nor we can derive such power by virtue of any authoritative judgment of supreme court or any high court. the two judgments of the allahabad high court cited before us ..... could prima facie establish its case on the basis of grounds raised in the appeal.7. it is not essential nor obligatory or mandatory for any appellant/assessee under the income-tax act to appear in person or through an authorised representative but yet the petitioner-company at least should have filed written submissions with reliable, cogent and positive evidence to support its ..... because there has been non-application of mind and non-consideration of the grounds taken in the appeal and, therefore, the mistake is rectificable under section 254(2) of the income-tax act.the learned counsel to support his contentions has relied on two judgments of the allahabad high court reported in ito v. itat [1965] 58 itr 634 and laxmi electronic corpn ..... ground mentioned in the show-cause notice. thus, according to the petitioner-company the order has been passed by the cit contrary to the mandatory provisions of rules of natural justice as laid down under section 263(1) of the income-tax act. the counsel for the petitioner-company further submits that though it has no grievance for passing an ex parte order by .....

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Nov 25 1992 (TRI)

Sibnath Pramanick Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Nov-25-1992

Reported in : (1993)44ITD724(Kol.)

..... case are broad enough to cover the case of a respondent before the tribunal also. the court held that the powers conferred on the income-tax appellate tribunal by the income-tax act must be so construed as to grant all powers incidental to or necessary for the purpose of that power, provided that the incidental powers are ..... opportunity to the assessee to represent his case.2. the assessee who is the petitioner before us was the respondent in the appeal. rule 25 of the income-tax (appellate tribunal) rules says that if the appellant appears for the hearing and the respondent does not appear, when the appeal was called for hearing, the ..... to set aside the ex parte order passed on merits, it cannot be said that the power of the tribunal under section 254(1) of the act would not carry with it the power to make available a reasonable opportunity of being heard to the aggrieved party when it has subsequently realised that the ..... on the date of hearing, is a power which is ancillary to the jurisdiction conferred on the tribunal under section 254. the kerala high court in cit v. itat[1979] 120 itr 231 had occasion to consider the powers of the tribunal to set aside an ex parte order and re-hear the ..... ancillary to the jurisdiction conferred upon the tribunal. the court also held that there was no provision against the exercise of such power either in the act or in the rules nor was the exercise of such power in conflict with any of the provisions or the purpose or the functions of the tribunal .....

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May 22 1992 (TRI)

Jokai India Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : May-22-1992

Reported in : (1992)42ITD316(Kol.)

..... granted to the assessee on other items and there is no controversy about the assessee being an "industrial undertaking" duly qualified to claim investment allowance under section 32a of the income-tax act, 1961. the dispute before us is limited to claim on trailers employed for carrying plucked leaves from garden to factory. the assessee's claim has been rejected on the ground ..... processing machines were held to be entitled to investment allowance development rebate. shri sanyal further relied on rule 8 of the income tax rules, 1962 providing for computation of income derived from sale of tea grown and manufactured as if it was income from business. it was accordingly contended that carriage of green leaves to factory was an integral part of a single activity ..... cent of such income is deemed to be income liable to tax." a perusal of the aforesaid rule 8(1) makes it clear that under the said rule income from sale of tea grown and manufactured by a seller has to be computed as if it was income derived from business which would imply that deduction allowable under the act in respect of income derived from business ..... would be allowed in the case of income .....

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Feb 04 1992 (TRI)

S.P. Jaiswal Estates (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Feb-04-1992

Reported in : (1992)41ITD342(Kol.)

..... is to say, being previously assessed by way of regular assessment under the provisions of the income-tax act. in terms of section 209a it voluntarily filed statement of advance-tax on 14-6-1978 estimating the income at rs. 2,00,000 for the year under consideration and the tax payable thereon was at rs. 1,15,500. subsequently the assessee revised the estimate and ..... sri salarpuria, the statement of advance-tax and the revised estimate of advance-tax are all invalid and no cognisance should have been taken by the assessing officer and then invoke the ..... provision of section 215 or section 273 and put the assessee in adverse consequences. the cit(a), therefore, went wrong ..... inadvertently filed a statement of advance-tax on 14-6-1978 and thereafter revised on 14-12-1978. the counsel for the assessee argues that if an assessee does any act which is not mandatory or obligatory on him under law then performing such act cannot make him liable of any adverse consequences under the provisions of the income-tax act. thus, in short, according to .....

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May 13 1992 (TRI)

Assistant Commissioner of Vs. Steel Rolling Mills of Hindusthan

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : May-13-1992

Reported in : (1992)42ITD620(Kol.)

..... should be borne in mind. therefore, in our view the assessing officer was not wrong in taking recourse to the provision of section 60 of the income-tax act and the cit (appeals) erred in: deprecating the approach of the assessing officer in this regard.7. we have studied the judgment of the hon'ble calcutta high ..... ble calcutta high court in ganga properties ltd.'s case (supra) still rules the field in the interpretation and application of the provision of section 22 of the income-tax act, 1961 for facts and controversy as found in the present appeals. the decision of the calcutta high court in park hotel (p.) ltd. 's case ( ..... argument of the assessee's counsel that the assessing officer was not right in taking the aid and recourse to the provision of section 60 of the income-tax act, 1961 as there was no direction by 'c bench of this tribunal in its order dated 26-6-1979. in fact, in para 6 of ..... real owner as the "title in rem" vested in it. it is well-known that under the provisions of section 22 of the income-tax act, 1961, tax is payable by an assessee in respect of bonafide annual value of the property irrespective of the question whether he received that value or not. the ..... back by the tribunal. the assessing officer was, therefore, in error in taking recourse the provision of section 60 of the income-tax act and assessing the assessee-company in respect of the rental income of rs. 4,48,345 for each of the two assessment years. the assessee's counsel has also taken us to para .....

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Jun 04 1992 (TRI)

Marshall Sons and Co. (i.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jun-04-1992

Reported in : (1992)42ITD481(Kol.)

..... instrument of oppression ; (iv) the meaning to be given to the word "owner" must be in consonance with the principles underlying the income-tax act.since the focus of section 22 of the 1961 act is also on the receipt of the income, it is the assessee in the present case who is to be treated as "owner" of the property. such an interpretation would ..... the decision of the supreme court in nalinikant ambalal mody v. s.a.l. narayan row, cit [1966] 61 itr 428, the income cannot be taxed at all under the income-tax act. he pointed out that it is immaterial that the assessee originally admitted the income under the head 'income from house property'. in this connection he also relied on the following decisions:-- he pointed out that ..... the income from property ..... the calcutta high court, in the first of the above decisions, held that in order that an assessee can be taxed on .....

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Oct 26 1992 (TRI)

Sutlej Cotton Mills Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Oct-26-1992

Reported in : (1993)45ITD22(Kol.)

..... express newspapers ltd. [19641 53 itr 250 (at page 260) : " now turning to section 12b (indian income-tax act, 1922 (43 of income-tax act, 1961)), it provides for capital gains. under that section, the tax shall be payable by the assessee under the head ' capital gains ' in respect of any profits or gains ..... been made after april 1, 1988, and have gone to increase the book profits in any year when the provisions of section 115j of the income-tax act were applicable. this amendment will take effect from april 1, 1988, and will, accordingly, apply in relation to the assessment year 1988-89 and ..... letter dated february 9, 1990, as to why the change in the method of valuation should not be rejected under section 145 of the income-tax act in view of the decision of the supreme court in mcdowell's case [19851 154 itr 148. the assessee replied by letter dated march ..... that this amounted to a change in the method of valuation and had been done only to avoid the application of section 115j of the income-tax act. he drew this inference because the balance-sheet that had been prepared as on november 12, 1987, was after the shares were actually sold ..... , 73, 74, 74a and 80j relating to unabsorbed depreciation, unabsorbed investment allowance, unabsorbed loss and unabsorbed deduction relating to tax holiday. as a consequential amendment, chapter vib of the income-tax act relating to restriction on certain deductions in the case of companies, is proposed to be omitted. these amendments will take effect .....

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