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Judgment Search Results Home > Cases Phrase: income tax act Court: jammu and kashmir Year: 1999 Page 1 of about 5 results (0.019 seconds)

Aug 09 1999 (HC)

Commissioner of Income-tax Vs. Trehan Enterprises

Court : Jammu and Kashmir

Decided on : Aug-09-1999

Reported in : [2001]248ITR333(J& K)

..... .'13. to similar effect is the decision of the said court reported in cat v. indian express (madurui) (pvt.) ltd. : [1983]140itr705(mad) .14. that under section 254 of the income-tax act, the appellate tribunal after giving both the parties to the appeal an opportunity of being heard passes such orders thereon as it thinks fit. the amplitude and scope of such ..... allowed to such assessee. with a view to avail of such deduction from the profits and gains, the assessee is required to file certificates in form no. 10c of the income-tax act. for ready reference sub-section (5) of section 80hh is reproduced hereinbelow :'(5) where the assessee is a person other than a company or a cooperative society, the deduction under ..... understand the whole gamut of this case, it is necessary to notice the legal provisions applicable to this case as well as the facts thereof. under section 80hh of the income-tax act, certain deductions in respect of profits and gains from newly established industrial undertakings or hotel business in backward areas are allowed. the extent of such deductions while computing the total ..... ), shri a. k. anand, chartered accountant, had filed his affidavit. his stand in paragraph 2 was that forms nos. 10c and 10d under the income-tax act were also filed during the assessment proceedings before the income-tax officer, a carbon copy whereof was attached with the said affidavit. thus, it is obvious that during the course of proceedings in appeal before the commissioner of .....

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Mar 22 1999 (HC)

A.K. Soni Vs. Commissioner of Income-tax

Court : Jammu and Kashmir

Decided on : Mar-22-1999

Reported in : [2001]248ITR241(J& K)

..... simple interest at twelve per cent, per annum on the amount remaining unpaid from the 1st day of april, 1976, to the date of payment and the provisions of the income-tax act and the rules made thereunder shall, so far as may be, apply as if the interest payable under this section were interest payable lender sub-section (2) of section 220 ..... 5, section 6, section 14 (5) and (5a). these read as under :'5. time for payment of income-tax and for investment in notified securities.--(1) subject to the provisions of sub-section (2), the income-tax payable under this act in respect of the voluntarily disclosed income shall be paid by the declarant before making the declaration and the declaration shall be accompanied by proof ..... of payment of such tax.(2) if the commissioner is satisfied, on an application made in this behalf by the ..... this interest was to be paid in terms of section 6 of the act. it is submitted that earlier an ordinance in the shape of the voluntary disclosure of income and wealth ordinance of 1975 came into existence. if the amount of income-tax payable in respect of the voluntarily disclosed income was not paid on or before the 31st day of march, 1976, then .....

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Nov 02 1999 (HC)

Commissioner of Income Tax Vs. Alkeensons Agencies

Court : Jammu and Kashmir

Decided on : Nov-02-1999

Reported in : [2001]246ITR125(J& K)

..... dr. b. p. saraf, c. j.by this reference under section 256(1) of the income tax act, 1961 (hereinafter referred to as the 'act'), the income tax appellate tribunal, amritsar bench, amritsar (hereinafter referred to as the 'tribunal'), has referred the following two questions of law to this court for opinion at the instance of the revenue :' ..... i.t.n.s. 150 is also a form for determination of the tax payable and when it is signed or initialled by the income tax officer, it is certainly an order in writing by the income tax officer determining the tax payable, within the meaning of section 143(3) of the act.the ratio of the above decision of the supreme court is squarely applicable to ..... to this reference, are as follows : the assessee, alkeensons agencies, srinagar, was assessed by the income tax officer, srinagar, for the assessment year 1973-74 under section 143(3) of the act. in the said assessment, the income tax officer made an addition of rs. 26,508 to the disclosed income of the assessee. the assessee challenged the above addition before the appellate assistant commissioner. the ..... (supra). in that case, the supreme court considered the question whether it is incumbent on the income tax officer to make the computation of income as well as of the sum payable in the assessment order from itself. on a perusal of the scheme of the act and the language of section 143(3), the supreme court accepted the contention of the assessee that .....

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Aug 18 1999 (HC)

Commissioner of Income Tax Vs. Yashpal Garg and Co.

Court : Jammu and Kashmir

Decided on : Aug-18-1999

Reported in : [2000]110TAXMAN251(NULL)

..... the assessment year 1984-85 and rs. 7,10,765 for the assessment year 1985-86 made by the assessing officer by invoking the provisions of section 43b of the income tax act, 1961 ?'3. before noticing the submissions made by the learned counsels for the parties, it would be relevant to note the provisions of section 43b of the ..... scope of the provisions contained in section 43b of the income tax act, 1961 income tax act is a matter which is required to be examined in this reference preferred under section 256(1) of the act. the facts have been taken from it reference no. 44 of 1994, ie., citv. yashpal garg & co.2. the sales tax collected by the assessee for the assessment years 1984-85 ..... .the departmental appeals were preferred. the assessee was unsuccessful. when the matter was taken up by the supreme court of india, the decision given by the- high court and the income-tax authorities was reversed. it was observed that 'the assessee who was maintaining accounts on the mercantile system was fully justified in claiming deduction of the sum of rs. 1,49 ..... the years 1986-87 and 1987-88. the assessing officer while finalising the assessment under the act came to the conclusion that the assessee is entitled to claim deduction vis-a-vis these payments in computing the income of that previous year in which the sales tax amount referred to above was actually paid. the matter was taken in the appeal. the appeal .....

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Nov 17 1999 (HC)

Cit Vs. Devans Modern Breweries Ltd.

Court : Jammu and Kashmir

Decided on : Nov-17-1999

Reported in : [2001]117TAXMAN433(NULL)

..... the tribunal was justified in law in confirming the deletion of addition of rs. 61,431 made by the assessing officer under section 37(3a) of the income tax act, 1961 ?5. whether, on the facts and in the circumstances of the case, the tribunal has not failed to appreciate that the expenses which were ..... tribunal was justified in law in confirming the deletion of addition of rs. 8,93,827 made by the assessing officer under section 40a(3) of the income tax act, 1961 ?2. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that there existed exceptional ..... revenue be referred to this court stands rejected. it is in these circumstances a petition has been preferred in terms of section 256(2) of the income tax act, 1961.the revenue wants the following questions of law to be referred to this court :'1. whether, on the facts and in the circumstances of case ..... restricted under section 37(3a)of the income tax act, 1961,wereof such a nature as could help to promote the sales of the assessee and, thus, fall within the meaning and scope of section 37( ..... 3a) of the income tax act, 1961 ?'2. a perusal of the questions of law which have been formulated and which have been quoted above makes it apparent that the determination .....

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