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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1976 Page 9 of about 98 results (0.033 seconds)

Mar 03 1976 (HC)

Reform Flour Mills (Pvt) Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Mar-03-1976

Reported in : [1978]115ITR598(Cal)

..... to it therefrom.explanation--the provisions of this sub-section shall apply notwithstanding that any amount disallowed under this sub-section is included in the total income of any person referred to in clause (a).'19. the only tests, mr. dutt urged, to be applied in the instant case were whether ..... on which the reference has been made impugn the findings and the validity of the tribunal's conclusion that rs. 10,80,000 was not an income from undisclosed sources, but was the product of a genuine sale by the vendor-companies. though this question does raise the validity of the finding ..... the findings of the tribunal that a sum of rs. 10,80,000 paid for the purpose of the shares was not the assessee's own income was a perverse finding having regard to the evidence on record '12. the tribunal did not refer this question. on the assessee's application under ..... own imagination, imports facts and circumstances not apparent from the record, or bases its conclusions on mere conjectures or surmises, or where no person judicially acting and properly instructed as to the relevant law could have come to the determination reached. in all such cases the findings arrived at are vitiated.'14 ..... sc) . the supreme court held that in an enquiry under section 10(4a) of the i.t. act, 1922, to determine the excessiveness or unreasonableness of any allowance contemplated therein, it was for the tax-payer to establish by evidence that a particular allowance was justifiable. if such evidence was not produced, the .....

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Jan 14 1976 (HC)

Commissioner of Income-tax Vs. Sabitri Chatterjee

Court : Kolkata

Decided on : Jan-14-1976

Reported in : [1978]115ITR744(Cal)

..... [1972]86itr557(sc) that before initiating the penalty proceedings the ito must be satisfied in the course of the assessment proceedings that the assessee had concealed his income and that his satisfaction, in the very nature of things, precedes the issuance of the notice which is a consequence of his said satisfaction.7. it has ..... should be answered in the affirmative and in favour of the revenue by following the decision of the supreme court in the case of d.m. manasvi v. cit : [1972]86itr557(sc) .5. on the other hand it has been contended by mr. kalyan ray, the learned counsel for the assessee, that the above ..... 61. the previous year is the financial year. by rejecting the explanation offered by the assessee in respect of certain receipts, the ito brought certain sums to tax as stated in the statement of the case. the said assessment was made on july 9, 1964, in which the ito has made the following endorsement:' ..... been held by the supreme court in the case of cit v. s. v. angidi chettiar : [1962]44itr739(sc) that the ito was satisfied in the course of the assessment proceedings that the assessee had concealed ..... under other sources, under house property and professional income, concealed earlier.'3. on july 22, 1964, the ito issued a notice under section 274 read with section 271 of the i.t. act, 1961, and referred the case, under section 274(2) of the act, to the iac on august 12, 1964. the tag issued the show .....

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Feb 18 1976 (HC)

Jeewanlal (1929) Ltd. Vs. Income-tax Officer, J-ward and anr.

Court : Kolkata

Decided on : Feb-18-1976

Reported in : [1979]118ITR946(Cal)

..... first schedule of the finance act, 1965, i.e., aluminium, whereas the assessee was producing aluminium utensils from aluminium. this ..... am of the opinion that two views are conceivable. i have referred to the notice issued by the income-tax commissioner where he was of the opinion that the ito while giving effect to the same had overlooked the provisions of the finance act. the ito who had made the assessment in his affidavit in answer to the rule nisi to this court ..... that such rebate would be admissible only for the total income included in profits and gains derived from the export of any goods or merchandise outside india. obviously, it appears to me that the income-tax officer has not correctly applied the provisions of the two finance acts. it is also seen that the income-tax officer applied the articles specified in part iii of the ..... also an order of injunction. thereafter, on the 4th november, 1974, the cit issued another notice under section 263 of the i.t. act, 1961, in respect of the said order made by the ito under section 251. in the said notice, the commissioner observed, inter alia, as follows : 'the income-tax officer while giving effect to the orders of the aac allowed rebate .....

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Apr 26 1976 (HC)

Commissioner of Income-tax Vs. East Coast Commercial Co.

Court : Kolkata

Decided on : Apr-26-1976

Reported in : [1978]115ITR633(Cal)

..... , what attitude was taken by the kedia shareholders on controversial issues regarding the management and the affairs of the company and how they have behaved and acted on similar issues concerning the company are wholly unknown to us, for the tribunal did not apply its mind to these matters.22. the judgment in ..... the continued association of the members of the kedia family in joint business even after the partition (e g., mohanlal murarilal) they could be taken to be acting in concert.'20. the above inference was drawn by the tribunal without making any enquiry as to the ' conduct ' and the activities of the kedia ..... us to record his suggestion, namely, that this lacuna in the i.t. acts may be removed for the benefit of the commissioner and the assessees as well if the attention of the appropriate authorities is drawn to it by the cit, calcutta.9. dr. pal has argued that, in view of the facts ..... stated by the tribunal in paragraphs 12, 18, 19 and 20 of the supplementary statement of the case, we should draw the inference, namely, that members of the kedia family were not acting in concert and as ..... prove such concerted actings. each case must necessarily be decided on its own facts.'16. east coast commercial company's case : [1967]63itr449(sc) was also followed in sahu jain's case : [1976]103itr135(sc) in which the decision of the supreme court in the case of raghuvanshi mills ltd. v. cit : [1961]41itr613 .....

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Aug 31 1976 (HC)

Commissioner of Income-tax Vs. C.K. Naha and Bros.

Court : Kolkata

Decided on : Aug-31-1976

Reported in : [1979]117ITR19(Cal)

..... provided, however, the other two conditions stated earlier are also fulfilled. therefore, the iac can decide only the particular charge of concealment of a particular income which is referred to him by the ito. the department must also prove that particular charge of concealment of that amount and if by the findings of ..... filed before the tribunal, it should be held that the ito was satisfied in the course of the assessment proceeding that the assessee had concealed its income. he urged that the basis of charge of concealment was not altered by the iac who, on the evidence adduced by the assessee, had altered ..... 94itr154(all) . in that case certain sums were added to the income of the assessee by the ito, on appeal by the assessee the assessment was enhanced by the ..... stated as follows :the ito brought rs. 10,263 to tax as the assessee's income from undisclosed sources and issued a notice under section 274 read with section 271(1)(c) of the act to the assessee for concealment of rs. 10,263 as its income. as the minimum penalty imposable on rs. 10,263 exceeded ..... also submitted that the iac had no jurisdiction to recompute the income of the assessee and to make out a new case of concealment of income in respect of rs. 19,647.6. dr. pal has cited a decision of the allahabad high court in the case of cit v. dwarka prasad subhash chandra reported in : [1974] .....

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Jul 06 1976 (HC)

State of West Bengal and ors. Vs. A.S. Narayana

Court : Kolkata

Decided on : Jul-06-1976

Reported in : [1977]40STC404(Cal)

..... duly assessed up to 1966, while the company was also granted registration under the said act.24. the firm had made a voluntary disclosure before the income-tax authorities under the finance act, 1965 and, under section 68 of the act, such declaration was to be confidential not to be disclosed by any public servant or ..... or record except to any officer employed in the execution of any of the acts mentioned in sub-section (5) or to any officer appointed by the comptroller and auditor-general of india or the board to audit income-tax receipts or refunds.42. in agreement with the learned judge, we are also ..... , calcutta, the 18th december, exercise of the power conferred by sub-section (1) of section 3 of the bengal finance (sales tax) act, 1941 (ben. act vi of 1941), the governor is pleased hereby to specify the whole of the state of west bengal as the area over which shri tarak nath ..... notification, calcutta, the 23rd my, exercise of the power conferred by sub-section (1) of section 3 of the bengal finance (sales tax) act, 1941 (ben. act vi of 1941), the governor is pleased hereby to specify the whole of the state of west bengal as the area over which shri sanjib bhusan ..... of the opinion that the embargo is upon the public officers or to whom the declaration is made. it does not prevent the authorities under other acts to call for requisite particulars from .....

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Mar 24 1976 (HC)

Sudarshan Ghosh Vs. Janakinath Pandit

Court : Kolkata

Decided on : Mar-24-1976

Reported in : AIR1976Cal255,(1976)1CompLJ415(Cal)

..... (1888) 21 qbd 313, queen v. commr. for special purpose of the income-tax which is as follows :--'when an inferior court or tribunal or body which has to exercise the power of deciding facts is first established by act of parliament, the legislature has to consider what powers it will give the tribunal ..... held by the full bench of this hon'ble court that the provisions of section 18 read with section 20 of the bengal agricultural debtors act, 1936 (act vii of 1936) have conferred on the board exclusive power to decide whether a liability is a debt or not and after finding that the ..... from this observation of the learned judge as the learned judge did not notice the provision of section 21 of the west bengal land reforms act which expressly bars jurisdiction of the civil court to entertain a suit which seeks to challenge the order made or proceedings initiated under section 18 of ..... tribunal or authority has been clothed with the exclusive jurisdiction to decide the disputes mentioned in section 18(1) of the west bengal land reforms act. as such any order passed by the officer deciding any such dispute cannot be questioned in civil court even if the said decision appears to ..... facts exists, and, if they exercise the jurisdiction without its existence, what they do may be questioned, and it will be held that they have acted without jurisdiction. but there is another state of things which may exist. the legislature may entrust the tribunal or body with a jurisdiction which includes the .....

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Nov 25 1976 (HC)

G.S. Atwal and Co. Vs. Commissioner of Income-tax, Central

Court : Kolkata

Decided on : Nov-25-1976

Reported in : [1979]117ITR171(Cal)

..... above were referred to this court.5. question no. 1 in this reference is fully covered by the judgment of this court in income-tax reference no. 133 of 1971 (major (dr.) s. k. ghosh v. cit) delivered on the 18th december, 1974, by the hon'ble mr. justice sabyasachi mukharji sitting with the hon'ble mr. justice ..... is to be imposed should start from the date on which the return of income became due under section 139(1) of the act?'2. the assessee is a registered firm. the reference relates to the assessment year 1964-65.3. for this assessment year, the ..... high court has said that an assessee is liable to pay penalty for not submitting his return as required under section 139(1) of the i. t. act, 1961, even though he subsequently files a return in pursuance of a notice under section 139(2) and an assessment is made on the basis of that return ..... 1975]100itr253(patna) . in this case, the patna high court has held that once a notice under sub-section (2) of section 139 of the i.t. act, 1961, has been issued to an assessee during the relevant assessment year, there cannot be any penalty under section 271(1) for failure to furnish the return as ..... on the facts and in the circumstances of the case, the tribunal was justified in holding that penalty under section 271(1)(a) of the i. t. act, 1961, could be imposed ?(2) whether the tribunal was justified in holding that the period of the default for which the penalty under section 271(1)(a) .....

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Jan 06 1976 (HC)

Commissioner of Income-tax Vs. Dhadka Colliery Co. Ltd.

Court : Kolkata

Decided on : Jan-06-1976

Reported in : [1979]117ITR874(Cal)

..... years are the previous years.2. the assessee is a company. the company carries on business in raising coal from mines taken on lease. it also derives income by acting as agent for purchase and sale of coal. the purchase of coal was regulated by permits and the permits were issued only to actual users. the company ..... whether, on the facts and in the circumstances of the case, the business activities of the assessee, viz., the coal raising from mines taken on lease and acting as agents in the purchase and sale of coal on commission constituted part of one integrated trade or business so as to justify the set-off of losses, ..... from 1958-59 to 1960-61 in the assessment under reference under section 72 of the i. t. act, 1961 ?'6. by relying on the decision of a division bench of this court in the case of mundulpoor coal co. v. cit 0043/1965 : [1965]58itr199(cal) , it has been contended before us by mr. ajit sen ..... same business' in the cases of setabganj sugar mills ltd. v. cit : [1961]41itr272(sc) , cit v. prithvi insurance co. ltd. : [1967]63itr632(sc) , hooghly trust (p.) ltd. v. cit : [1969]73itr685(sc) , produce exchange corporation ltd. v. cit : [1970]77itr739(sc) and standard refinery and distillery ltd. v. cit : [1971]79itr589(sc) have been fulfilled in the instant case ..... deb, j. 1. in this reference under section 256(1) of the i. t. act, 1961, we are concerned with the question as to whether the assessee is eligible for adjustment of losses brought forward from the earlier years. the .....

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Jun 16 1976 (HC)

Satyanarayan Saraf Vs. Assistant Controller, a-ward

Court : Kolkata

Decided on : Jun-16-1976

Reported in : 80CWN813,[1978]111ITR432(Cal)

..... differentfrom those in the present case. the petitioner in that case, instead of preferring an appeal against, an order under section 33b of the indian income-tax act, 1922, took recourse to the special jurisdiction under article 226 of the constitution without any explanation justifying the same. in the present case, both ..... of hanuman prasad, is the accountable person in respect of the estate of the deceased within the meaning of the act. the respondent no. 1, assistant controller, 'a' ward, estate duty-cum-income-tax circle, by his order dated august 31, 1964, assessed the principal value of the estate of the deceased, ..... obtained by such notional partition passed on his death. now i may consider the question of aggregation under section 34(1)(c) of the act. under the provision of that section the interests in the joint family property of all the lineal descendants of the deceased shall be aggregated ..... the tribunal, the petitioner, inter alia, challenged the legality of the said order of the respondent no. 1 passed under section 61 of the act. the appellate tribunal, by its order dated december 12, 1967, however, took the same view as that, of the appellate controller that the order ..... took certain additional grounds before the appellate controller challenging the propriety of the order of the respondent no. 1 passed under section 61 of the act. the appellate controller, however, took the view that an order under section 61 was not an appealable order. in that view of the matter .....

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