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Judgment Search Results Home > Cases Phrase: income tax act Court: income tax appellate tribunal itat nagpur Page 1 of about 216 results (0.064 seconds)

Jul 26 1996 (TRI)

V.H. Jajoo Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1998)67ITD619(Nag.)

..... the meaning of section 17 and net receipt after deduction for expenses incurred is includible in salary. the learned counsel further submitted that there is no provision in income-tax act, 1962 to tax an income which is actually not received by the assessee and as such expenses incurred by a development officer for procuring business which makes him eligible to earn incentive bonus ..... of premium received, it has no nexus with actual amount expended. it is also one of the arguments that the standard deduction is permitted, under section 16(1) of the income-tax act, it presupposes to cover the conveyance allowance expenditure and, therefore, no additional conveyance allowance is permissible.18. the conveyance allowance in addition to the standard deduction in terms of ..... proportionate amounts pertaining to the commission paid to the salesmen on the ground that salary within the meaning of rule 2(h) of part a of sch. iv to the income tax act 1961, did not include such commission.the appellate tribunal held that the commission paid by the assessee to the salesmen was a contractual obligation and forms part of salary, ..... amount paid by the life insurance corporation as incentive bonus is fully taxable or whether any deduction could be allowed thereout under the provisions of section 10(14) of the income-tax act, 1961." after considering the issue tribunal held that in addition to additional conveyance allowance expenditure to the extent of 40% out of the incentive bonus was allowed to the .....

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Dec 05 1988 (TRI)

Smt. S.V. Dhanwatay Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1989)28ITD135(Nag.)

..... under rule 2, interest of a member is to be worked out accordingly.strong reliance was placed on section 4.(b) of the wealth-tax act, 1957 and section 26 of the income-tax act, 1961 to bring home the point that the co-owners in fact and in law are 'associates' and inter se they constitute ' ..... case (supra) is not relevant in the context of this appeal; co-owner concept is known to rent control acts and to civil laws but not to income-tax/ wealth-tax proceedings since under section 26 of the income-tax act, 1s61 if the shares are determinate, the co-owners are assessed as individuals and not as 'association of ..... being self-contained code by itself, the best external aid could be had, in this case, from section 26 of the income-tax act, 1961, which reads as under: where property consisting of buildings or buildings and lands appurtenant thereto is owned by two or ..... having made any grievance about the jurisdiction of the district valuation officer, it was not open to him to contend for the first time before the income-tax appellate tribunal, making a grievance of lack of jurisdiction of district valuation officer. also that it was a case of contributory negligence and at worst ..... association of persons' despite the fact that their shares be determinate and income assessable on those basis as co-owners---smt.prem lata agarwal v. cwt .....

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Feb 28 1997 (TRI)

Assistant Commissioner of Vs. Shravan Mahipati Hedau (Huf).

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1997)62ITD70(Nag.)

..... that the powers under sections 123 and 124 of the income-tax act, 1961 are general administrative act of policy and convenience, particularly, absolute and suffers from no fetters like the power under section 127. the incidents of orders under sections 123 and 127 are completely ..... and functions of the assessing officers. such distinction was recognised by the supreme court in rai bahadur seth teomal case (supra) while dealing with the similar corresponding provisions of 1922 income-tax act. in this contention, the decision of the honble calcutta high court in ashoke glass works case (supra) is relevant. in this case, the honble calcutta high court has observed ..... transferred under section 127 on 6-9-1989 and not at any time before it. replying to the arguments raised by the departmental representative that the jurisdiction under the income-tax act was not a matter of substance but only procedural and administrative, it was submitted that the order under section 127 is not an administrative or procedural order when the ..... the assessing officer were in accordance with law and thus the departments appeals be allowed.5. the learned counsel for the assessee invited our attention to the various provisions of income-tax act, 1961. he submitted that as per definition of section 2(7a), the assessing officer means the asstt.commissioner or the ito who is vested with the relevant jurisdiction by .....

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Sep 07 1992 (TRI)

M.P. Agricultural Corpn. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1993)44ITD466(Nag.)

..... -1978. this was ultimately determined at rs. 2,74,750 under section 251 on 30-10-1980.3. during the proceedings under section 263 of the income-tax act, 1961, for the assessment year 1977-78, the cit found that the order of the assessing officer was erroneous in so far as the same was prejudicial to the interests of the revenue inasmuch as ..... for the assessment years 1976-77 to 1979-80 passed on 12-3-1986 that action under section 147(a) of the income-tax act was taken as the assessee had concealed its particulars of such income and furnished inaccurate particulars of income is absolutely incorrect and false. it was submitted that the assessment for the assessment year 1976-77 was completed much earlier and ..... as an illustration in this regard. the assessee made a disclosure petition under section 273a of the income-tax act, 1961 before the commissioner of income-tax, jabalpur disclosing undisclosed income to be assessed year-wise for and from the assessment years 1974-75 to 1979-80. the undisclosed income for the year under assessment has been disclosed at rs. 80,000 which will be assessed accordingly ..... the assessee made a petition under section 273a, he accepted that there was a concealment and he wants to be treated leniently by the cit(a). it was submitted that under section 273a, notwithstanding anything contained in the income-tax act, the commissioner may, in his discretion, whether on his own motion or otherwise, reduce or waive the amount of penalty imposed or imposable .....

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Feb 24 2006 (TRI)

Sonu Liquor Traders Vs. the Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (2006)100ITD455(Nag.)

..... assessment year 1996-97. the assessee is aggrieved by the order of the id. cit(a) confirming the penalty imposed under section 271(1)(c) of the income tax act, 1961 which according to the assessee is erroneous and liable to be cancelled. the assessee filed a return of income declaring income at rs. 8,85,440/- on 24.12.1996. the assessee has taken contract ..... that the assessee had sold the liquor for higher price. the fact that the assessee has accepted the i assessment and offered the income to tax does not automatically lead to the conclusion that the assessee had concealed the income. penalty proceedings are independent and the assessee is not precluded from giving evidence as that stage. it may be good case to make ..... penal proceedings which conceptually differ from assessment proceedings, the assessee can file an explanation justifying its action in not including a particular item of income in its return, though it may have offered the amount to be taxed subsequently. if such an explanation is offered, the department has to examine its acceptability and record a finding as to whether the explanation is ..... .d.k.b. & co. 243 itr 618. he submitted that the assessee has no other alternative but to surrender the undisclosed income earned. had the revenue not taken steps, the income would have been escaped from the tax net. only after the ao finding out the difference between two, the assessee surrendered it. the assessee had not taken the matter in farther appeal .....

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Sep 14 1992 (TRI)

income-tax Officer Vs. B.D. Yadav and M.R. Meshram

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1994)48ITD54(Nag.)

..... having signed confirmatory letters. this letter dated 6-1-1987 is the first letter of the assessing officer issued to the assessee after the order under section 263 of the income-tax act was passed. however, in this letter, the following was observed: the summing effect of the aforementioned facts and the statements of the partner and other witnesses lead to the following ..... written in english which almost all of them did not know. during the examination of the accounts for the assessment year 1986-87, proceedings under section 132(1) of the income-tax act, 1961, were taken against the assessee on 22-12-1986. during the said proceedings under section 132, a statement of one shri r.m. thakare was recorded under section 132 ..... the assessee before the initiation of such penalty proceedings. it is only the prima facie subjective satisfaction of the income-tax officer in the course of any proceedings under the act which is required for initiation of a penalty proceedings under section 271 of the act. in the said case, while the assessment proceedings were pending and before the assessments were completed, the ito ..... said letter. another letter dated 20-2-1987 contained the details regarding various payments made under section 40a(3) of the act.9. on 23-2-1987, shri b.d. yadav, the partner of the firm wrote a letter to the income-tax officer. in this letter, he mentioned that the transactions of the firm were known to shri meshram only and only .....

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Mar 21 1997 (TRI)

Bakhtawarsingh Balkrishan Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1998)64ITD50(Nag.)

..... :- "that on the facts and in the circumstances of the case, considering the smallness of profit and other relevant considerations, the assessee was not liable for additional tax under section 104 of the income-tax act, 1961 even on merits." the learned counsel submitted that the fact of the smallness of the amount was brought to the notice of the assessing officer vide the ..... -5-1987 in it appeal nos. 899 to 811/nag/84 in assessee's own case. the case of the assessee is that the levy of additional tax under section 104 of the income-tax act, 1961 was as a consequence of not following the direction of the tribunal in the assessee's own case cited supra.the assessee is a private limited company ..... year 1981-82 and declared the dividend of rs. 28,680 only for the assessment year 1982-83. he issued notice under section 104 of the income-tax act, 1961, asking the reason as to why the additional tax under sections 104 to 109 should not be levied on it. the assessee furnished the reply submitting that the assessee is an industrial undertaking. the ..... , the assessing officer treated the assessee-company as "any other company not being a company as contemplated under section 104(4)(a) of the income-tax act, 1961".aggrieved by the above order, the assessee appealed before the cit(appeals).4. it was the case of the assessee that the assessing officer went wrong in following the decision of the delhi high court in .....

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Jan 10 2001 (TRI)

Prafulla Chandra R. Doshi and ors. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (2001)70TTJ(Nag.)704

..... firm's assessment for the assessment year 1991-92. the recovered amount was seized by the adi, hyderabad, and proceedings under section 132(5) of the income tax act read with rule 112a of the income tax rules were commenced by the assessing officer at nagpur, who passed an order on 21-9-1990, in the said proceedings under section 132(5) of ..... deputy commissioner, special range, nagpur, who passed the orders on 26th may, 1994, under section 154(1)(b). deleting the interests charged under seciton 234a, 234b and 234c of the income tax act, 1961 : (a) the central vigilance commissioner, satarkata bhavan, i.n.a.building, new delhi.(b) the revenue secretary, ministry of finance, government of india, north block, new delhi.( ..... grave and serious misconduct and illegality in discharge of quasi-judicial duties, particularly abusing and misusing the powers vested in him under the provisions of section 154 of the income tax act, 1961, by bestowing undue monetary favours to the appellants herein thereby causing huge pecuniary wrongful loss to the central government revenues running into several lakhs of rupees as discussed ..... special range, nagpur, while passing the orders under section 143(1)(a) on 29-1-1992, in all these cases charged interests under the afore-stated three provisions of the income tax act. and surprisingly, after a lapse of nearly 27 months, the successor deputy commissioner suo motu without any application, petition, move or approach by any of the appellants (assessees) .....

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Nov 19 1954 (TRI)

Niranjanlal Ramballabh Vs. Commissioner of Income-tax,

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : 195629ITR459(Nag.)

..... at nagpur under the name "niranjanlal ramballabh". the partners of the firm are messrs. babulal and niranjanlal. it was registered under section 26a of the income-tax act, the registration taking effect from the assessment year 1946-47. on total sales of rs. 5,79,143 the assessee showed a profit of rs. ..... agency limited.10. it is not disputed that an application was made by the assessee before the income-tax officer to issue a commission for the examination of the creditors. under section 37 of the income-tax act, the income-tax officer, appellate assistant commissioner, commissioner and appellate tribunal have the same powers as the civil court ..... has directed the tribunal to refer to their lordships the following question : "whether in the circumstances of the case the income-tax officer acted judicially in adding a sum of rs. 43,868 as income from undisclosed sources, he having refused the assessee an opportunity to examine the depositors and prove his case that the deposits ..... this case arises out of a reference under section 66(2) of the indian income-tax act in compliance with the requisition made under that section by the high court in judicature at nagpur by its order ..... is, therefore, contended that as the assessee was refused an opportunity to examine the depositors on commission, the income-tax officer did not act judicially in adding the sum of rs. 43,868 as income from undisclosed sources.9. as against this, it was contended on behalf of the non-applicant that the applicant .....

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Nov 09 1955 (TRI)

Mathuraprasad Motilal and Co. Vs. Commissioner of Income-tax,

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : 195630ITR695(Nag.)

..... the order of the tribunal, the learned counsel for the applicant pressed before us only the following four questions : "(i) whether notice under section 22 (2) of the income-tax act issued by the income-tax officer, chhindwara, and received by seth chhogalal on 8th june, 1950, could be held as properly served on the assessee (ii) whether there was proper publication of transfer of ..... this is an application under sub-section (2) of section 66 of the indian income-tax act (hereinafter called the act).2. the assessee, smt. jugnabai, is the widow of beni bahadur singh and daughter of late rai saheb mathuraprasad of chhindwara. she is the sole proprietor of "mathuraprasad motilal and ..... to make the assessment.18. in the instant case the case was transferred from the file of the income-tax officer chhindwara, to the file of the income-tax officer, special circle, nagpur, under sub-section (7a) of section 5 of the act by the commissioner of income-tax, m. p. and bhopal. he was competent to do so under the said provisions. there is no warrant ..... a return or a revised return under sub-section (3) of that section. this in itself is sufficient to sustain the assessment made by the income-tax officer under sub-section (4) of section 23 of the act.it is therefore, not necessary to consider the contention raised as to the validity of the notice issued under sub-section (4) of section 22 .....

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