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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 2000 Page 1 of about 119 results (0.033 seconds)

Mar 07 2000 (HC)

Mukherjee Estate (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Mar-07-2000

Reported in : (2000)161CTR(Cal)470,[2000]244ITR1(Cal)

1. on a reference application under section 256(1) of the income-tax act,1961, the tribunal has referred the following question for our opinion :'(1) whether, on the facts and in the circumstances of the case, thetribunal was justified in holding' that the ..... the assessee to various companies for display of their respective advertisements is vitiated by reason of ignoring important and relevant evidence produced at the time of the hearing before the income-tax authorities and/or on record (3) whether the finding of the tribunal based on wrong assumption that the hoardings were put up by the assessee itself is not perverse ?' 2 ..... of the assessee consists of letting out on hire of cinema hall, service charges, realised from the various house properties and share dealing. during the course of the assessment, the income-tax officer has also noticed that the assessee has realised, inter alia, a total sum of rs. 51,864 on account of display of hoardings of various concerns on top of ..... the assessee's building for advertisement purpose. the income-tax officer did not treat the realisation on account of letting out for display of hoardings of various concerns as income from house property and assessed this income as income from other sources. in appeal, the commissioner of income-tax (appeals) has allowed the claim of the assessee that the receipt of rs .....

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Mar 21 2000 (HC)

Soma Finance and Leasing Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Mar-21-2000

Reported in : (2000)161CTR(Cal)291,[2000]244ITR440(Cal)

..... 1. on an application under section 256(1) of the income-tax act, 1961, the tribunal has referred the following questions for our opinion : '1. whether, on the facts and in the circumstances of the case, the tribunal was justified in law by upholding the order of the commissioner of income-tax (appeals) holding that the appellant is entitled for depreciation at 30 per cent, and ..... rates in two different types of cases the mistake is apparent, if the rate is not applied for which the assessee is entitled. 6. the findings of the income-tax officer, the commissioner of income-tax (appeals) and the tribunal are that the vehicles in question are not run by the assessee on hire. when those vehicles are not run by the assessee on ..... . therefore, a notice under section 154 was issued and the mistake was corrected by order under section 154 of the act on march 4, 1991. in appeal, the view taken by the income tax officer rectifying the mistake was upheld by the commissioner of income-tax (appeals) as well as by the tribunal. 4. none appeared on the date of hearing though the matter was ..... said vehicles, the assessee claimed depreciation at the rate of 40 per cent, as provided in part i, item iiie(ia) of appendix-i of the depreciation schedule to the income-tax rules. the claim of the assessee was allowed by the assessing officer while passing the original assessment order on december 19, 1989. subsequently, the mistake was found that the assessee .....

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Apr 04 2000 (HC)

Vidyasagar Samabay Abasan Samiti Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Apr-04-2000

Reported in : [2000]244ITR841(Cal)

..... . by this reference application under section 256(1) of the income-tax act, 1961, the tribunal has referred the following question of law for our opinion : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in reversing the order of the commissioner of income-tax (appeals) and in holding that loss or shortfall on account ..... no provision for allow-ing maintenance and management expenses of the co-operative society against the income from other sources. the income was taxed under the head 'income from house property'. 3. in appeal from the commissioner of income-tax (appeals), the commissioner of income-tax (appeals) has directed the income-tax officer to deduct the loss in the administrative heads out of the house property ..... housing society for the assessment year under consideration. it claimed deduction on maintenance and administ rative charges. on an examination of the profit and loss account, the income-tax officer has noticed that all the expenses were incurred for maintaining the society's building for the benefit and services to the members. according to the bye-laws ..... the defaulting members, particularly when charges received on account of reimbursement as pointed out earlier, would not make a source of income or profit of the society, for income-tax purpose. as pointed out earlier, the commissioner of income-tax (appeals) allowed the claim of the assessee on the basis of the decision in the case of progressive co-operative society. .....

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Apr 18 2000 (HC)

Commissioner of Income-tax Vs. Chhindwara Fuels

Court : Kolkata

Decided on : Apr-18-2000

Reported in : (2000)163CTR(Cal)601,[2000]245ITR9(Cal)

..... 1. on an application under section 256(1) of the income-tax act, 1961, the tribunal has referred the following question for our opinion along with the statement of case :'whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding the view that the sales tax subsidy of rs. 2,06,400 received by the assessee ..... of cit v. dusad industries : [1986]162itr784(mp) and cit v. plastichem : [1988]174itr546(mp) and held that subsidy is a capital receipt and not liable to ..... was a capital receipt not liable to income-tax ?'2. during the course of assessment, the assessing officer (north-east) wrote a letter to the assessee dated february 20, 1989 ..... ,06,400 from the directorate of industries, madhya pradesh government, is exempt from income-tax, as it is not a revenue receipt. the assessing officer negatived the claim of the assessee and treated it as a revenue receipt. in appeal before the commissioner of income-tax (appeals), the commissioner of income-tax (appeals) has followed the decisions of the madhya pradesh high court in the case .....

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Aug 14 2000 (HC)

Commissioner of Income-tax Vs. J.P. Goal

Court : Kolkata

Decided on : Aug-14-2000

Reported in : [2001]247ITR555(Cal)

..... whether, on the facts and in the circumstances of the case, the tribunal was justified in law in setting aside the order of the commissioner of income-tax under section 263 of the income-tax act, 1961, and restoring the original assessment order ?'2. the questions referred at the instance of the assessee read as under : '(1) whether, ..... on a scrutiny of the assessment proceedings for the assessment year 1981-82 in the case of this assessee, the commissioner of income-tax noticed that there was a search under section 132 of the income-tax act, 1961, at the premises of the assessee and during the search, the search party seized cash of rs. 5,09, ..... as such the same was not binding on the commissioner of income-tax who subsequently passed order under section 263 of the income-tax act, 1961 (2) whether, on the facts and in the circumstances of the case, the order passed under section 263 of the income-tax act, 1961, cancelling the assessment with a direction to make a ..... notice to the assessee under section 263 of the act of 1961. on receipt of reply to that show-cause notice, the commissioner of income-tax has considered the reply and in his opinion the assessment order of the income-tax officer under section 143(3) of the income-tax act, 1961, for the assessment year 1981-82 is ..... y.r. meena, j. 1. on an application under section 256(2) of the income-tax act, 1961, this court has directed the tribunal to refer the following questions for the opinion of this court. the question referred at .....

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Nov 27 2000 (HC)

Gouranga Lal Chatterjee and ors. Vs. Income-tax Officer and ors.

Court : Kolkata

Decided on : Nov-27-2000

Reported in : [2001]247ITR737(Cal)

..... . 5035 of 1987 (gouranga lal chatterjee v. ito) that the aforesaid combination of the two partnership firms is not 'person' within the definition of section 2(31)(v) of the income-tax act, 1961. with respect i do not find any decision on this issue by justice kundu in his lordship's judgment ; as rightly said by mr. som. justice ms. pal has ..... were also passed particularly for the relevant assessment year.3. in the background of the aforesaid facts the impugned notice dated march 9, 1988, under section 139(2) of the income-tax act, 1961, has been issued in the names of gouranga lal chatterjee and chatterjee eastern syndicate. the aforesaid notice is under challenge. i record that at the ad interim stage interim ..... to set up a joint venture can be termed to be a person within the definition of section 2(31), sub-clause (v), to charge tax under section 4 of the income-tax act. 1961. (ii) whether the income of the aforesaid combination of the two firms earned through petitioner no. 1 in respect of the aforesaid contract can be subjected to further assessment or ..... facts of this case are as follows :petitioners nos. 1 and 3 are partnership firms. both at the relevant point of time were registered under the indian partnership act, 1932, and also under the income-tax act, 1961. petitioner no. 2 is one of the partners of petitioner no. 1 while petitioner no. 4 is one of the partners of petitioner no. 3. petitioners .....

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Nov 17 2000 (HC)

Deputy Commissioner of Income-tax and ors. Vs. Shaw Wallace and Co. Lt ...

Court : Kolkata

Decided on : Nov-17-2000

Reported in : (2001)165CTR(Cal)489,[2001]248ITR81(Cal)

..... ]238itr13(cal) ). the revenue appellant has raised the grievance that the learned single judge has wrongly held the notices under section 142 and section 143(2) of the income-tax act, 1961 (hereinafter called 'the act 1961') bad in law and set aside the assessment of the assessment year 1995-96 and further directed that the regular assessment for the assessment year 1995-96 ..... has taken the view that the assessment under chapter xiv-b is in addition to regular assessment.21. chapter xiv-b relates to 'undisclosed income' of the block period. therefore, the income-tax officer is not barred from framing the assessment under section 143 of the act of 1961. even this high court in the case of caltradeco steel sales (p.) ltd. v. deputy ..... escape assessment. the assessee might claimed bogus expenditure, bogus cash credits or even wrong deductions which are not permissible under the act.32. in that way assessable income will escape and the government will deprived of tax due on such income. the return under section 139 cannot be processed in the block assessment. firstly, in the block assessment under chapter xiv-b only ..... 1961, is on the basis of material seized during the search but the income declared or disclosed in the regular returns cannot be assessed under chapter xiv-b of the act. the rate of tax and penalty, etc., are different under this act for the purpose of taxing undisclosed income and disclosed income of the assessee. hefurther submits that the dispute created by two sets of .....

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Apr 25 2000 (HC)

Commissioner of Income-tax Vs. General Fibre Dealers (P.) Ltd.

Court : Kolkata

Decided on : Apr-25-2000

Reported in : [2001]248ITR622(Cal)

..... facts and in the circumstances of the case, the tribunal was justified in allowing investment allowance on jeeps and motor cycles owned by the assessee under section 32a of the income-tax act, 1961 ?2. whether, on the facts and in the circumstances of the case, the tribunal was justified in allowing extra shift allowance on building and furniture as per section 32 ..... the land and more area was brought under cultivation of tea gardens, the assessee is entitled for deduction under section 35c of the income-tax act.7. heard learned counsel for the parties. the provisions of section 32a of the act requires that the assessee is entitled for investment allowance, inter alia, on the machinery or plant specified in sub-section (2) which is ..... asked to explain why a sum of rs. 5,00,640 should not be added in the total income of the assessee. the income-tax officer further noticed that the assessee has claimed investment allowance on jeeps and motor cycles under section 32a of the income-tax act, 1961, and extra shift allowance on building and furniture as per section 32 read with rule 5 of ..... the circumstances of the case, the tribunal was justified in holding that the assessee was entitled to relief under section 35c of the income-tax act, 1961 ?'2. the assessee has filed its return on november 20, 1978, showing the total income of rs. 2,62,601. the assessment was completed under section 144 on january 31, 1981. that was cancelled and in fresh .....

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Dec 12 2000 (HC)

Leonhardt Andra Und Partner, Gmbh Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Dec-12-2000

Reported in : (2001)167CTR(Cal)576,[2001]249ITR418(Cal)

..... by the assessee for the supply of designs, drawings and technical services constituted 'fees for technical services' for the purpose of the double taxation agreement and is chargeable to income-tax under the income-tax act, 1961 ?' 2. on july 19, 1974, the assessee-company, a foreign company registered in west germany with its registered office at stuttgart, entered into a design ..... 1984, the sums received by the assessee for design and technical services for the construction work, i.e., the second bridge over the river hooghly is chargeable to income-tax under the income-tax act, 1961 ? 2. whether, on the facts and in the circumstances of the case and on a true interpretation of the indo-german agreement for double taxation, the ..... the liability of a non-resident company, if there is any agreement for avoidance of double taxation entered into under section 90 of the income-tax act, 1961, [he said agreement must prevail over the provisions of the income-tax act ; otherwise, there was no point in entering into any agreement for avoidance of double taxation. the facts of that case stand distinguished ..... and technical services constituted 'industrial and commercial profits' for the purpose of the indo-german agreement for double taxation and, as such, the same is assessable under the indian income-tax act, having regard to the admitted position that the assessee has no permanent establishment in india within the meaning of the said agreement ? 4. whether even assuming though not admitting .....

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Aug 24 2000 (HC)

J.K. Industries Ltd. Vs. Assistant Commissioner of Income-tax

Court : Kolkata

Decided on : Aug-24-2000

Reported in : [2001]251ITR677(Cal)

..... the details and the certificate issued by the g. m. (manufacturing) the claim of the assessee regarding extra-shift allowance was allowed, in the order under section 154 of the income-tax act on july 12, 1990.18. the aforesaid facts left no doubt that all the material facts in respect of the depreciation on generators in question is concerned were disclosed and ..... lordships in the case of indian oil corporation v. ito : [1986]159itr956(sc) and reiterated that these two conditions are precedent for issue of notice under section 148 of the income-tax act, 1961. at page 959, their lordships observed as under (headnote) :'therefore, the obligation is to disclose facts ; secondly, those facts should be material ; thirdly, the disclosure must be full and ..... impugned judgment of a learned single judge dated march 23, 1988. the main grievance of the appellant before the learned single judge was that the income-tax officerhad no jurisdiction to issue notice under section 148 of the act of 1961. the notice should be quashed. the petition of the appellant was dismissed by the learned single judge on two grounds. firstly, the ..... observations we have to consider whether before issue of the notice under section 148 the income-tax officer has satisfied these two conditions. for that we have to refer to the material available to the income-tax officer at the time of original assessment under section 143(3) of the act.13. the admitted facts are that before the completion of the assessment order, the .....

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