Court : Kolkata
Decided on : Jan-24-2000
Reported in : (2000)164CTR(Cal)619,247ITR122(Cal)
..... the income-tax department ; it recognises it in those authorities only which are specifically authorised to exercise adjudicatory functions. nor does section ..... conclusion that an audit party can pronounce on the law, and that such pronouncement amounts to 'information' within the meaning of section 147(b) of the income-tax act, 1961.'6. the case holds the field even as on date so far the law laid down that the internal audit cannot pronounce the law nor such pronouncement ..... under :'whether it is the internal audit party of the income-tax department or an audit party of the comptroller and auditor-general, they perform essentially administrative or executive functions and cannot be attributed the powers of judicial supervision over the quasi-judicial acts of income-tax authorities. the income-tax act does not contemplate such power in any internal audit organisation of ..... whereby following the decision of the apex court in the case of indian and eastern newspaper society v. cit : 119itr996(sc) , the learned single judge had taken the view that the reopening of proceedings under section 148 of the income-tax act, 1961, was invalid, improper, baseless and without jurisdiction.2. the assessment for the assessment year .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-22-2000
Reported in : 247ITR230(Cal),(2003)ILLJ319Cal
..... case, the tribunal was justified in holding that the assessee was entitled to the deduction of the interest payable on the outstanding municipal taxes thereby cancelling the order of the commissioner of income-tax passed under section 263 of the income-tax act, 1961 ?(2) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the ..... . the rent received in respect of the tiveli park building was considered as 'property income' whereas, the rent received from the building at chowringhee road was assessed as 'business income'. the commissioner of income-tax initiated a proceeding under section 263 of the income-tax act and held that the assessing officer was wrong in allowing deduction in respect of the interest payable to the ..... calcutta municipal corporation since the interest was part of the municipal tax itself, and was liable to be disallowed under section 43b of the income-tax act (hereinafter referred to as 'the act'), as-the same had not been actually paid.5. in respect of the assessment year 1988-89, the ..... parties, it would not be out of place to reproduce section 43b of the income-tax act which is as follows :'notwithstanding anything contained in any other provision of this act, a deduction otherwise allowable under this act in respect of-- (a) any sum payable by the assessee by way of tax, duty, cess or fee, by whatever name called, under any law for the .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-16-2000
Reported in : (2001)167CTR(Cal)125,247ITR451(Cal)
..... was allowed up to february 28, 1988. the return was not filed till october 25, 1988. on october 26, 1988, notice under section 148 of the income-tax act was issued and served, return filed only on march 30, 1989.23. in the return there was no specified note that the return was filed under section ..... for filing the return under section 139(1) of the income-tax act, 1961, was july 31, 1987. the assessee filed an application for extension of time on august 3, 1987. the time was allowed uptil october 31, ..... following question for our opinion :'whether, on the facts and circumstances of the case and on an interpretation of sections 139, 147 and 153 of the income-tax act, 1961, the tribunal was correct in holding that the assessment was not barred by limitation ?'2. for the assessment year 1987-88, the last date ..... and 1954-55 and the question was whether the loss had to be determined and carried forward under section 24(2) of the indian income-tax act, 1922, though the returns were not filed within the time specified in the general notice under section 22(1) and the time had not been ..... the return was not filed till october 25, 1988, the assessing officer has issued the notice under section 148 of the income-tax act, 1961, on october 26, 1988. the assessee has filed the return declaring income of rs. 49,65,690 on march 30, 1989.8. therefore, the limited controversy before us is whether the return .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-27-2000
Reported in : 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 .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-17-2000
Reported in : (2001)165CTR(Cal)489,248ITR81(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 .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-18-2000
Reported in : 248ITR155(Cal)
..... a substantial question of law, because if the point is decided differently, a confirmed order becomes unsettled and still subject to appeal. 13. section 253(5) of the income-tax act reads as follows : '253. (5) the appellate tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the ..... 1. this is an application for leave to appeal under section 260a(1) of the income-tax act, 1961, made by the department against an order of the tribunal dated january 17, 2000, refusing to condone the delay of some eight days made ..... set out the second one from paragraph 8 of the petition : '(ii) whether, on the facts and in the circumstances of the case, the order of the income-tax appellate tribunal refusing to condone the delay of eight days in filing the appeal by the revenue is perverse ?' 11. in interpreting section 260a(1) in the case ..... be taken to be an order in appeal, on the ratio that a refusal to condone has the effect of confirming in substance the order of the commissioner of income-tax (appeals). 7. mr. bajoria also argued that in the present appeal section has been drafted on the basis of section 100 of the code of civil procedure ..... of west bengal state electricity board v. deputy cit : 248itr152(cal) (ita no. 344 of 2000) we have already opined that the words 'substantial question of law' mean a question of law which affects .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-15-2000
Reported in : 248ITR541(Cal)
..... is beyond the statutory limit of percentage. this apparent consideration has been worked out correctly as per the provisions of section 269ua(b) of the income-tax act, 1961, as well as rule 48-1 of the income-tax rules, 1962. in support of his submission, the learned lawyer for the respondents relies on the decision of the supreme court reported in appropriate ..... because of public notification. apparent undervaluation per se always is not a factor to be presumed the transaction being designed to evade tax which is sine qua non to exercise power under section 269ud of the income-tax act. there are instances of sale where the vendor sometimes is forced to sell a property under distress and pressing need, or at ..... sengupta, j.1. the petitioner in this writ application has challenged anorder dated july 29, 1993, passed by the appropriate authority of theincome-tax department, calcutta (respondent no. 1 herein), under section269ud(1) of the income-tax act, 1961 (hereinafter referred to as 'the saidact').2. by the said impugned order it has been held by the respondents that there has been ..... of natural justice and thus illegal, invalid and bad. in this connection, he has relied on the following decisions :vysya bank ltd. v. appropriate authority of income-tax : 233itr560(cal) , read with appropriate authority of income-tax v. vysya bank ltd. : 244itr318(cal) ; shreyas builders v. m. d. kod-nani : 242itr320(bom) ; jagdish electronics (india) pvt. ltd. v. appropriate .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-25-2000
Reported in : 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 .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-12-2000
Reported in : (2001)167CTR(Cal)576,249ITR418(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 .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-24-2000
Reported in : 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 : 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 .....Tag this Judgment!