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Judgment Search Results Home > Cases Phrase: income tax act Court: madhya pradesh Year: 1999 Page 1 of about 55 results (0.055 seconds)

Feb 05 1999 (HC)

Samta Construction Co. Vs. Pawan Kumar Sharma, Deputy Director of Inco ...

Court : Madhya Pradesh

Decided on : Feb-05-1999

Reported in : [2000]244ITR845(MP)

..... ), jbp.i have carefully considered the facts contained in the note of ddi(investigation), i am fully satisfied that this is the fit case for action undersection 132a of the income-tax act, 1961. put up warrant of authorisation.'49. mr. purohit, learned counsel, has contended that it is obligatory on the part of the competent authority to express the belief ..... being the refund of money invested by different persons enlisted above is required to be taken possession of. it is, therefore, requested that an authorisation under section 132a of the income-tax act may please be issued in the name of manager of union bank of india, main branch, jabalpur, for the assessee, samta construction co., thereby enabling the authorised officers to ..... as far as formation of opinion is concerned are satisfied. the said satisfaction reads as under : 'satisfaction note for obtaining authorisation under section 132aof the income-tax act. please see the report of the inspector of income-tax regarding unexplained investments by some persons of jabalpur in purchasing demand drafts worth rs. 72.60 lakhs. a reading of this note will reveal that the ..... the customer to the bank cannot be said to have been taken into custody by the bank to attract the applicability of the provision enshrined under section 132a of the income-tax act. resultantly, the warrant of authorisation requisitioning the same by the competent authority is totally without jurisdiction.43. before i proceed to deal with the second limb of argument .....

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Feb 12 1999 (HC)

Commissioner of Income-tax Vs. Smt. Padma Devi Jain

Court : Madhya Pradesh

Decided on : Feb-12-1999

Reported in : [2000]245ITR818(MP)

..... income or to furnish inaccurate particulars ofincome, although the statutory provisions relating to levy of penalty under section 271(1)(c) do not have ..... b.a. khan, j.1. the revenue has filed this application under section 256(2) of the income-tax act, 1961, for calling for a statement of the case from the income-tax appellate tribunal, indore bench, on the following stated questions of law, arising out of the tribunal's order dated august 29, 1997:'1. whether, on the facts and in the ..... under section 271(1)(c) ? 2. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in confirming cancellation of the penalty of rs. 1,15,000 levied by the assessing officer under section 271(1)(c) of the income-tax act holding that there is no mens rea of the assessee to conceal the ..... -92. the assessing officer rejected her claim and made addition of this amount and initiated penalty proceedings against her under section 271(1)(c) of the act. she took an appeal before the commissioner of income-tax (appeals) who vide detailed order dated april 3, 1992, accepted her explanation and concluded that the return filed by the assessee could not be treated as .....

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Oct 06 1999 (HC)

Dharampal Singh Pall Vs. Central Board of Direct Taxes and ors.

Court : Madhya Pradesh

Decided on : Oct-06-1999

Reported in : [2001]250ITR629(MP)

..... his income as a contractor. he claims that the amounts of rs. 75 ..... 4) of the chief commissioner of income-tax which has been communicated to the petitioner by letter dated february 20, 1997 of the commissioner of income-tax, jabalpur, by which the application for condonation of delay in claiming the refund of income-tax under section 119(2)(b) of the income-tax act, 1961, has been rejected.2. the petitioner is a contractor. income-tax has been deducted at source from ..... 14, 1997, that 'after careful consideration the board has rejected the request of shri dharam pal singh pall for condonation of delay'. it is argued that the amount of income-tax recovered from the petitioner cannot be retained by the respondents if it was not legally payable even if the claim for the refund is delayed. he relied upon the circular ..... to him. he has filed the returns in the year 1996. he applied for condonation of delay. that application has been rejected by respondent no. 1--central board of direct taxes, new delhi, as communicated to the petitioner by the impugned orders. notices have been served on the respondents. their standing counsel took time to file the return but it .....

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Jan 25 1999 (HC)

Commissioner of Income-tax Vs. Jiwaji Rao Sugar Company Ltd.

Court : Madhya Pradesh

Decided on : Jan-25-1999

Reported in : [1999]240ITR611(MP)

..... have no share capital, over and above a certain figure. such a company has to file its return for purposes of assessment to income tax under the provisions of the income-tax act which also provides for a penalty leviable for failure to file the return without any reasonable cause and also for non-filing of return ..... the company or where the company is a non-resi dent, to any person who has been treated as an agent under section 163 of the income-tax act. under this provision the return is required to be filed within 30 days from the date of service of notice. even this period can be extended ..... . this provision did not contemplate any levy of penalty for late filing of the return as was the case under the relevant provisions of the income-tax act. therefore, so long as such an eventuality was not specifically provided for and laid down in the statute, it could not be inferred or read ..... filed it late before the assessment was made. its action was, therefore, saved both under sections 5(3) and 9 of the act and to that extent both the commissioner of income-tax (appeals) and the tribunal had decided the issue correctly. we affirm the view taken by them and answer the stated question in ..... the return. the revenue carried the appeal to the tribunal which affirmed the order of the commissioner of income tax (appeals). the revenue thereafter sought a reference under section 18(1)(a) of the act and that is how the tribunal had drawn up the statement of the case and referred the aforesaid stated .....

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Feb 11 1999 (HC)

Smt. Shashi Devi Vs. Income-tax Officer and ors.

Court : Madhya Pradesh

Decided on : Feb-11-1999

Reported in : [2000]241ITR216(MP)

..... accordance with the provisions of section 65 in respect of any income chargeable to tax under the income-tax act for any assessment year for which he has failed to furnish a return under section 139 of the income-tax act, which he has failed to disclose in a return of income-tax furnished by him under the income-tax act before the date of commencement of the scheme ; which has ..... department comes to the conclusion that more than rs. 10,89,000 were spent in raising the construction they would certainly be entitled to take suitable proceedings under the income-tax act against the declarant/assessee.16. for the reasons aforesaid, i have no reason to hold that the department had no jurisdiction to issue a commission or make an investigation ..... under section 64(1) would not be admissible in evidence against the declarant and secrecy of the declaration is to be maintained under section 72.9. section 131 of the income-tax act, 1961, provides as under :'131. power regarding discovery, production of evidence, etc.--(1) the assessing officer, deputy commissioner (appeals), deputy commissioner, commissioner (appeals) and chief commissioner or commissioner ..... petition under article 226 of the constitution of india, the petitioner seeks to challenge the action of the respondents in issuing the commission under section 131(1)(d) of the income-tax act, 1961, to the valuation officer and to quash the notices dated march 5, 1998, and june 25, 1998, issued by the valuation officer and to direct the .....

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May 04 1999 (HC)

Kanhaiyalal Deepchand JaIn and ors. Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Decided on : May-04-1999

Reported in : [2000]241ITR323(MP); 1999(2)MPLJ19

..... criminal procedure code.5. i have considered the rival submissions of counsel for the parties and carefully perused the record as also the relevant provisions of the income-tax act in force at the time of filing of the complaint against the applicants.6. on a perusal of the judgment of various high courts relied ..... the applicants is that, when it is alleged that the offence has been committed by a firm under section 276, 277 or 278 of the income-tax act, then only the person or partner of the said firm who at the time of commission of the offence was in charge of, and ..... various grounds but the learned trial court rejected the objection and framed charges against the applicants for the offence punishable under section 276e/ 278b of the income-tax act, 1961. the revision petition filed by the applicants against the order of the trial court framing charges against them, was dismissed by the asj, indore ..... indore, against the petitioners and the deceased partners of the firm, kanhaiyalal deepchand jain, alleging commission of an offence punishable under section 276e/ 278b of the income-tax act, 1961. it is alleged that during the course of assessment proceedings for the year 1983-84 of applicant no. 1, the asses-see-firm, it ..... by the petitioners, it is well settled law that, before prosecuting a person under the provisions of sections 276, 277/278b of the income-tax act, 1961, the prosecution must prove that a person was in charge of and responsible to the firm or company.7. in the case of .....

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Aug 31 1999 (HC)

itarsi Oils and Flours Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Aug-31-1999

Reported in : [2001]250ITR686(MP)

..... circumstances of the case, the tribunal was right in law in holding that the assessee was liable to pay interest under sections 234b and 234c of the income-tax act ?'2. the brief facts for disposal of this reference are as under ; the assessee-company filed a return on december 29, 1989, showing an ..... a.k. mathur, c.j. 1. this is a reference under section 256(1) of the income-tax act, 1961 (for short, 'the act'), at the instance of the assessee and the following question of law has been referred by the tribunal for answer by this court :'whether, on the facts and in the ..... view of the above position, notice under section 148 of the act was issued in response to which the assessee-company filed a return on january 28, 1993, showing an income of rs. 6,34,648 computed under section 115j of the income-tax act. notice under section 143(2) of the act was issued fixing the case on march 18, 1993. the assessing officer, after ..... computing the income of rs. 6,34,648 under section 115j of the act, issued a demand notice by order dated march 18 .....

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Apr 01 1999 (HC)

Chaudhary Kanhaiyalal Hukumchand and ors. Vs. Union of India (Uoi)

Court : Madhya Pradesh

Decided on : Apr-01-1999

Reported in : [2000]241ITR843(MP)

..... light of the judgment passed in the matter of harikishan's case : [1996]217itr582(mp) , and also keeping in mind the fact that the provisions of section 276e of the income-tax act stood deleted from the statute book from april 1, 1989.6. since, the matter is old, the trial court is expected to pass an appropriate order at an early date ..... magistrate, indore, whereby the charge has been framed against the petitioners under section 276e read with section 278b of the income-tax act, 1961.2. during the course of hearing, learned counsel for petitioners submitted, that the provisions of section 276e of the income-tax act, for which charge has been framed against the petitioners, stands omitted from the statute book with effect from april 1 .....

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Apr 17 1999 (HC)

Commissioner of Income-tax Vs. Abhishek Cineco Pvt. Ltd.

Court : Madhya Pradesh

Decided on : Apr-17-1999

Reported in : [2000]244ITR839(MP)

..... has filed this application under section 256(2) of the income-tax act, 1961, for requiring the income-tax appellate tribunal to refer the following two questions, stated to be questions of law arising out of its order dated august 16, 1995 : '(i) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the amount of ..... rs. 4,48,819 received by the assessee as subsidy was receipt of capital nature (ii) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal had evidence before it to hold that there was no nexus between the receipts and business activities of the assessee so as to hold the amount as not ..... not accepted by the assessing officer who declared it as a revenue receipt and thus taxable. he consequently took an appeal before the commissioner of income-tax (appeals) but failed. he then carried a further appeal to the income-tax appellate tribunal and succeeded there. 3. the tribunal referring to some judgments on the subject-matter concluded that the revenue authorities had erred in ..... section 256(2) for asking the tribunal to make the requisite reference. 4. having regard to the judgment of the supreme court in sahney steel and press works ltd. v. cit : 1997ecr787(sc) , laying down the test for determination whether a particular subsidy received was to be treated as a capital receipt or a revenue receipt and also the judgment of .....

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Aug 31 1999 (HC)

Pushpavati Vs. Collector of Customs and Central Excise

Court : Madhya Pradesh

Decided on : Aug-31-1999

Reported in : 1999(66)ECC550; 1999(114)ELT393(MP); 2000(1)MPLJ306

..... 4. immunities.(1) notwithstanding anything contained in the wealth tax act, 1957 (27 of 1957), the gift-tax act, 1958 (18 of 1958), the income tax act, 1961 (43 of 1961), the customs act, 1962 (52 of 1962), the foreign exchange regulation act, 1973 (46 of 1973) and the foreign contribution (regulation) act, 1976 (49 of 1976), -(a) no subscriber shall ..... they apply to asstt. commissioner for release after one year and signed on the panchnama. all this that the gold remained in the custody of income tax authorities till 14-6-1993 and was not available for being tendered by petitioners for conversion. consequently no duty was cast on the bank to ..... issue the bonds only on an application.8. the disputed gold in the present case though with the bank was legally in the custody of income tax authorities till it was finally ordered to be released on 9-6-1993 culminating in execution of panchnama and its delivery to petitioner no. 2 ..... state bank of india (respondent no. 3). assessee (petitioner no. 2) offered to disclose the value of the seized property as undisclosed income and paid the tax liability of rs. 14 lakh or so to secure release of the seized gold. he applied for its release on 8-11-1990 and ..... shall not be taken into account for the purposes of, and shall be inadmissible as evidence in, any proceedings under any of the said acts :provided that nothing contained in this sub-section shall apply where any proceedings in respect of the gold subscribed by the subscriber have already been .....

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