Court : Kolkata
Decided on : Dec-14-2000
Reported in : 251ITR707(Cal)
..... , it is not open for the department concerned to reopen on the aforesaid fact within the sweep and purview of section 263 of the income-tax act. the retrospective effect cannot be given while seeking a withdrawal of the approval as it has been rightly pointed out by dr. pal and ..... that certificate and granted deduction of the aforesaid amount of donation. after the assessment order was passed, a notice under section 263 of the income-tax act, 1961, had been issued seeking to reopen the aforesaid assessment done only to the extent of the aforesaid donation amount on the plea that ..... point is very simple, as to whether the withdrawal of recognition granted to the secretary, society for integral development programme, under section 35cca of the income-tax act, 1961, in the case of donation to the aforesaid institution is permissible with retrospective effect or not. 3. the writ petitioner's case is that ..... mechanism to get the donated amount diverted back to the assessee itself and this fact is revealed from the search and seizure conducted by the income-tax department. so, on the aforesaid background, in order to correct the wrong thing the approval given earlier was sought to be withdrawn retrospectively. ..... pursuant to the approval granted by the income-tax authorities the writ petitioner donated a sum of rs. 1,00,000 and odd on or about december 7, 1984. the receipt of donation .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-18-2000
Reported in : (2000)161CTR(Cal)98,244ITR68(Cal)
..... journals which were distributed to the members of the medical profession cannot be hit by the provisions of sub-sections (3a) and (3b) of section 37 of the income-tax act, 1961.9. in view of the aforesaid facts, we are of the view that the provisions of sub-sections (3a) and (3b) of section 37 cannot ..... the members of medical profession are to be regarded as expenses on 'advertisement, publicity and sales promotion' within the meaning of section 37(3a) and (3b) of the income-tax act, 1961 ?'2. the assessee is a manufacturer of medicines. the relevant assessment year is )985-86. during the course of assessment, the assessing officer, inter alia, ..... for advertisement and sales promotion and disallowed 20 per cent, of the expenditure under sub-sections (3a) and (3b) of section 37 of the act. in appeal the commissioner of income-tax (appeals) has allowed the total expenditure on samples but he sustained the order of the assessing officer, so far it relates to the expenditure on ..... publicity of the medicines manufactured by the assessee and that is for sales promotion.5. on the distribution of free samples of the products, the commissioner of income-tax (appeals) has taken the view that this is not hit by the provisions of section 37(3a). he has not treated the distribution of samples for ..... 1. on an application under section 256(1) of the income-tax act, 1961, the tribunal has referred the following question for our opinion :'whether, on the facts and in the circumstances of the case, the .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-03-2000
Reported in : 244ITR318(Cal)
..... has entered into an agreement to sell the same which cannot be completed by reason of an order of purchase under section 269ud of the income-tax act and at what rate, will have to be decided in the facts and circumstances of each case. all that can be observed by way ..... given to the vendor and vendee and there are several discrepancies in the proceeding before acquisition of the property in terms of section 269ud(1) of the income-tax act, 1961. the learned single judge has specifically emphasised on the decision in the case of c.b. gautam v. union of india : 199itr530( ..... of the amounts which have been paid read as under ;mat no. 299 of 1998 : mat no. 300 of 1998 : the appropriate authority of income-tax, calcutta and ors.v. the vysya bank limited and ors.(dues up to 30-11-1999) particulars1st writ2nd writtotalamount duea principal duers.rs.rs.rs.consideration ..... this appeal has been directed against the judgment and order of the learned single judge dated december 24, 1997. (vysya bank ltd. v. appropriate authority of income-tax : 233itr560(cal) ). the appeal was listed several times. none appeared for the appropriate authority.2. heard learned counsel for the respondents. perused the impugned ..... residential accommodation to its officers who came on transfer for serving at its branches at calcutta. as required by the provisions of chapter xxc of the act, the bank and delite filed form no. 37-1 in respect of each of the two agreements for issue of 'no objection certificate' for .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-19-2000
Reported in : (2000)160CTR(Cal)435,243ITR465(Cal)
..... justified in law in holding that section 40a(8) of the said act is not applicable on the interest paid on the surplus of current account of the director, shri h. ..... 256(1) of the income-tax act, 1961, the tribunal has referred the following common question for the assessment years 1981-82 and 1982-83 for our opinion :'whether, on the facts and in the circumstances of the case and on a correct interpretation of section 40a(8) of the income-tax act, 1961, the tribunal was ..... been paid to one shri hari prosad lohia, on his deposit with the assessee-company. the income-tax officer disallowed 15 per cent. of the interest paid, invoking the provisions of section 40a(8) of the act. the tribunal has allowed the claim of the assessee following the decision of the madhya pradesh ..... definition of 'deposit', there is no justification to stretch or narrow down the definition of deposit, given in the explanation in that subsection in the act itself. when a plain reading of the language in the definition of 'deposit' clearly provides that 'deposit' means any deposit of money, there is ..... high court in the case of cit v. kalani asbestos (put.) ltd. : 180itr55(mp) and held that in the .....Tag this Judgment!
Court : Kolkata
Decided on : May-16-2000
Reported in : (2000)164CTR(Cal)358,245ITR169(Cal),116TAXMAN46(Cal)
..... .3. under such circumstances, the writ petition is disposed of with a direction upon the assessing officer to give the reasons for issuance of notices under section 281b of the income-tax act specifically quantifying the amount of claim upon hearing' the petitioner within a period of 15 days from the date of communication of this order. for the purpose of effective adjudication ..... . it is apparently clear from the notices that the assessment proceeding's under the income-tax act, are pending'. the scope and ambit of section 281b is that where, during the pendency of any proceeding for the assessment of any income or for the assessment or reassessment of any income which has escaped assessment, the assessing officer is of the opinion that for the purpose ..... within seven days from the date of putting in requisition for drawing up and completion of the order as well as the certified copy thereof.5. all parties are to act on a xeroxed signed copy of this dictated order upon usual undertaking and as per the satisfaction of the officer of this court. .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-25-2000
Reported in : (2001)IILLJ518Cal
..... be issued unless the formalities required under rule 73 of the second schedule to the income tax act, 1961 are complied with. according to section 8-g of the employees' provident funds and miscellaneous provisions act, the provisions of the second and third schedules in the income-tax act, 1961 and the income tax (certificate proceeding) rules, 1962, as in force from time to time, shall apply with necessary ..... modifications as if the said provisions and the rules referred to the arrears of the amount mentioned in section 8 of this act instead of to the income tax.8. therefore, for the purpose of recovering ..... any amount mentioned in section 7-a of the act, rule 73 should be strictly followed. according to the said rule warrant of arrest cannot be issued unless the ..... tax recovery officer, for reasons recorded in writing, is satisfied that the defaulter with the object or effect of obstructing the execution .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-21-2000
Reported in : 256ITR470(Cal),129STC256(Cal)
..... mr. dutta, learned counsel appearing for the assessee. in this case, only question that is raised is whether the assessee would be entitled under section 35cca of the income-tax act, 1961, deduction of income-tax even though the approval of the society had been withdrawn with retrospective effect. in support of this contention, mr. agarwal relies on a division bench decision of this court ..... society with retrospective effect from december 13, 1982, the petitioner was not entitled to any deduction under section 35cca of the income-tax act, 1961. in view of a decision of the supreme court in the case of state of maharashtra v. suresh trading company  109 stc 439, we are unable to apply ..... following question :'whether, on the facts and circumstances of the case, the learned tribunal was justified in law in holding that the assessee's claim under section 35cca of the income-tax act, 1961 is allowable even though the approval of the society had been withdrawn with retrospective effect ?'2. we have heard mr. agarwal, learned counsel appearing on behalf of the department ..... in the case of commissioner of income-tax v. bankam investment limited : 208itr208(cal) . it is true that in that case, it was held that when the state level committee had withdrawn the approval of the .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-24-2000
Reported in : 249ITR438(Cal)
..... to consider an application for stay of all further penalty proceedings initiated pursuant to a notice dated march 20, 2000, under section 271(1)(c) of the income-tax act, 1961 (hereinafter referred to as 'the act') in respect of the assessment year 1995-96 till the disposal of the instant appeal. the appellant-assessee carries on, inter alia, the business of housing finance ..... stated herein earlier, it is clear that the penalty proceeding in fact, has been initiated against the assesses from the assessment order itself. the assessing officer, while assessing the income-tax dues of the assessee, had passed direction for initiating a penalty proceeding against the assessee. therefore, it can be easily said that the penalty proceeding has been initiated pursuant to ..... the plant was assessed in the hands of the appellant, the claim for depreciation was, however, disallowed by the assessing officer. the appellant filed an appeal and ultimately the income-tax appellate tribunal (in short 'the tribunal') dismissed the appeal of the appellant. feeling aggrieved by the order of the tribunal, the instant second appeal has been filed by the ..... revenue. however, mr. mullick sought to argue that since a penalty proceeding was a distinct and separate proceeding and as in the appeal filed under section 260a of the act, questions relating to the assessment order can only be decided by thiscourt and furthermore the appeal shall be decided only on the questions formulated by it, there was no question .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-24-2000
Reported in : (2001)1CALLT485(HC)
..... for consideration before the apex court was whether prosecution for offences punishable under section 276c and section 277 of the income tax act and under section 193 and 196 of the indian penal code instituted by the depariment while the reassessment proceedings under the act are pending, are liable to be quashed on the ground that such proceeding was not maintainable. in such circumstances ..... rajya v. state of bihar). from a reading of the said judgment it appears that the appellant before the apex court was an inspector of income tax. he was charged of acquisition of assets disproportionate to income. appellant was exonerated of the charge in the departmental proceeding in the light of report of the control vigilance commission. appellant moved the high courtunder ..... by the tribunal. as noted above, the assessing authority held that the appellant assesses made a false statement in respect of income of m/s. young india and transport company and that finding has been set aside by the income tax appellate tribunal. if that is the position then we are unable to see as to how criminal proceedings can be sustained,' ..... the whole question is whether the appellant assesses made a false statement regarding the income which according to the assessing authority has escaped assessment. so far as .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-15-2000
Reported in : (2000)2CALLT208(HC),[2000(87)FLR162],2000LabIC1536
..... legislature, the same may be supplied by the executive government.23. in surajtnull nagarmull v. commissioner of income tax, reported in : air1961cal578 , a special bench of this court was considering the provisions of section 37 of the income tax act, 1922 which authorised any income tax officer specially authorised by the commissioner to do certain things 'subject to any rules made in this behalf.' ..... . this judgment takes us to nowhere. by section 37 of the income tax act, 1922 certain powers to do certain acts had been conferred. by using the words 'subject to any rules made ..... no rule was made and the special bench held that doing of the acts as mentioned in the said section by the income tax officer is permissible even without any rules ..... of certain lands in favour of the appellant. that writ petition was dismissed in llmlne. the appellant thereupon under section 33 of the displaced persons (compensation and rehabilitation) act. 1954 challenged the order cancelling the permanent settlement right conferred upon the appellant. that application was rejected, which was challenged by filing yet another writ petition. in that .....Tag this Judgment!