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Judgment Search Results Home > Cases Phrase: income tax act Court: patna Year: 1999 Page 1 of about 24 results (0.354 seconds)

Apr 23 1999 (HC)

Usha Beltron Ltd. Vs. Commissioner of Income-tax

Court : Patna

Decided on : Apr-23-1999

..... not been fully discharged by the date of devaluation. it was in order to obviate the difficulties that section 43a was inserted in the income-tax act by act 20 of 1967 with effect from april 1, 1967.8. the dispute in that case related to depreciation allowance and development rebate. dealing ..... k. k. vid-yarthi on behalf of the revenue.11. although investment allowance in section 32a and development rebate in section 33 of the income-tax act refer to deductions in respect of plant and machinery amongst other things, the provisions are not identical. the provision regarding development rebate was introduced ..... to depreciation allowance alone. as regards the investment allowance, the tribunal held that in view of sub-section (2) of section 43a of the income-tax act, the assessee is not entitled to the same.4. mr. k. n. jain, learned counsel appearing for the assessee-company, submitted that the ..... account of purchase of plant and machinery from outside india had increased and, therefore, in view of the provisions of section 43a of the income-tax act, the amount by which the liability had increased should be added to the actual cost of the plant and machinery, the benefit of ..... section 43a, it rejected the claim as regards investment allowance. later, pursuant to the order of this court under section 256(2) of the income-tax act, 1961, it referred the aforequoted questions for its opinion,3. it would thus appear that though the tribunal apparently accepted the assessee's contention that .....

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Sep 29 1999 (HC)

Management of I.T.C. Ltd. Vs. Presiding Officer, Labour Court and anr.

Court : Patna

Decided on : Sep-29-1999

..... kumar sinha made spirited arguments that the compensation payable to a workman under the scheme of voluntary retirement, was not exigible to income-tax and the compensation amount was not covered by the definition of income within the meaning of the income-tax act. mr. alok kumar sinha submitted that the compensation paid to the workman was in lieu of his future salary and on being ..... .3. it is significant to note that in each of the modes for calculation of compensation it was clearly and expressly stated that the income-tax payable, if any, will be deducted at source as required under the income-tax act/rules currently in force.4. four workmen, out of whom three are respondent no. 2 in each of these three writ petitions, opted ..... from the amount of compensation payable to them, certain amounts were deducted by the petitioner-company at source as income-tax payable under the income-tax act/rules currently in force.5. the four concerned workmen then filed petitions under section 33c(3) of the industrial disputes act which were registered before the labour court, bhagalpur as miscellaneous cases nos. 9 and 28 of 1995 and ..... spread out on accrual basis the compensation amount will not be exigible in income-tax. in support of his submission, he relied upon some .....

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Sep 15 1999 (HC)

Patna Guinea House and ors. Vs. Commissioner of Income-tax and anr.

Court : Patna

Decided on : Sep-15-1999

..... , economic offences, muzaffarpur, in complaint case no. 3 of 1991 (tr no. 2188 of 1991), whereby cognizance was taken of the alleged offences under section 276c of the income-tax act (hereinafter referred to as 'the act.'), and the petitioners were summoned to stand their trial. 2. according to the petition of complaint lodged by one lekha shrivastava, assistant commissioner of ..... initiated against them under section 271(1)(c) of the act and a penalty of rs. 14,367 was imposed ..... income-tax, patna, the petitioners herein had, inter alia, disclosed a sum of rs. 52,000 in their returns, but had refused to disclose the source of income. therefore, penalty proceedings were ..... wilfully attempts in any manner whatsoever to evade any tax, penalty or interest chargeable or imposable under this act, in the present case, there is no allegation that the petitioners failed to disclose any taxable income which could have resulted in evasion of any tax, penalty or interest chargeable or imposable under this act. it follows as a matter of necessary implication .....

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Aug 26 1999 (HC)

Usha Beltron Ltd. and anr. Vs. Joint Commissioner of Income-tax and or ...

Court : Patna

Decided on : Aug-26-1999

..... being disposed of at the admission stage itself, the petitioners challenged the notice, dated june 16, 1999, issued under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), by the joint commissioner of income-tax, special range, ranchi, relating to the assessment year 1995-96. a copy of the said notice is made annexure-7 to this writ ..... the assessing officer to reopen the assessment. in the said case, the assistant commissioner of income-tax directed the income-tax officer to initiate a proceeding under section 263 of the act, but the income-tax officer instead of taking such action, issued notice under section 148 of the act. in opposition, however, it was submitted that the proposed notice was issued as per the ..... lordships have further held that the information received from the deputy directorwas a definite information and relying upon that information, the income-tax officer acted under section 147 of the act. consequently, the issuance of notice under section 147 of the act was held to be valid. lastly, mr. pal has relied upon a division bench decision in the case of saurabh ..... the annexures appended thereto on the ground that those documents have no nexus for initiating the aforesaid proceeding under section 147 of the act. according to mr. pal, the entire report of the deputy director of income-tax (investigation), ludhiana, relates to an investigation in connection with the assessment of reliance capital limited with respect to an air pollution .....

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Jan 28 1999 (HC)

Commissioner of Income-tax Vs. Hindustan Malleable and Forgings Ltd.

Court : Patna

Decided on : Jan-28-1999

..... . the question of law raised is as follows : 'whether, on an appeal to the commissioner of income-tax (appeals) against the order of the income-tax officer charging interest under section 139(8) of the income-tax act, the commissioner of income-tax (appeals) is competent to cancel the same after considering the provisions of rule 117a ?' 3. as ..... of the interest levied under section 139(8) or under section 215 cannot be the subject of an appeal under section 246(c) of the income-tax act. that is a matter which can more appropriately be dealt with by the commissioner in the exercise of his revi-sional jurisdiction. but, before the ..... reduction or a waiver of interest is justified. 8. in the facts of the aforementioned case as the assessee has made no application to the income-tax officer for reduction or waiver of the interest under sub-section (8) of section 139 or under section 215, no question arises of the ..... interest, it is open t'o the income-tax officer before imposing a levy under section 139(8) and to the inspecting assistant commissioner before doing so under section 215 to issue notice to ..... revisional jurisdiction of the commissioner can be invoked in such a case, it is necessary for the assessee to demonstrate before the income-tax officer that there is a case for waiving or reducing the levy of interest. 7. since the statute provides for the waiver or reduction of .....

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Jul 08 1999 (HC)

Ram Gulam Shah and Sons and ors. Vs. Commissioner of Income-tax and an ...

Court : Patna

Decided on : Jul-08-1999

..... have prayed for quashing the entire criminal prosecution launched against them including the order taking cognizance dated march 3, 1992, under sections 276c and 277 of the income-tax act, 1961 (hereinafter referred to as 'the act'), in complaint case no. 14 of 1992 pending in the court of the special judge, economic offences, muzaffar-pur. 3. it is contended by learned counsel appearing ..... rea upon his part and in the absence of mens rea the prosecution under sections 276c and 277 of the income-tax act, will be an abuse of the process of the court. 4. section 276c of the income-tax act deals with wilful attempt to evade tax. the explanation to this section reads as under : 'explanation.--for the purposes of this section, a wilful attempt to ..... evade any tax, penalty or interest chargeable or imposable under this act or the payment thereof shall include a case, where any person- (i ..... assessee and made additions in two accounts on estimate basis, the findings arrived at by the income-tax officer could not have held the petitioner liable for making a false statement in the verification in the return of income and thus the provision of section 277 of the act in no way is attracted in the case at hand. 6. for the reasons and .....

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May 06 1999 (HC)

D. N. Kamani (Huf) Vs. Deputy Commissioner of Income Tax

Court : Patna

Decided on : May-06-1999

..... from therein. the assessing officer during the course of regular assessment proceedings for the assessment year 1992-93 examined the flat buyers under the provisions of section 131 of the income tax act but no incriminating material came on record from their cross-examination. further, during the course of block assessment proceedings also the assessing officer again made an effort to ascertain ..... an action could only be taken at the most while completing the regular assessment. admittedly the present proceedings involved ate block assessment proceedings undei chaptei-xiv-b of the income tax act and not the regular assessment proceedings. it is also mentioned here that chapter xiv-b is a code in itself providing for special procedure for assessment of search cases ..... bank pass book and the same were further cross-checked for reference to the investigative process under section 131 of the income tax act. the assessing officer found no discrepancy relating to the receipts shown oil account of sale of flats. the assessing officer also noted that entries on the debit side ..... sold as per the agreement reduced in writing on properly stamped papers. according to the assessing officer, majority of the purchasers were duly summoned under section 131 of the income tax act on different dates and solemn confirmation of the individual purchasers were duly recorded. entries in the books of account were correlated with the entries on the credit side of the .....

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Aug 17 1999 (HC)

Coal Mines Officers' Association of India, A Registered Trade Union Vs ...

Court : Patna

Decided on : Aug-17-1999

..... source with effect from 1-7-95. a further prayer has been made for a direction to give effect to the provision of section 10(14) of the income tax act, 1961 as amended from time to time and rule 2-bb of the rules framed thereunder. mr. poddar, learned counsel for the petitioner has challenged the aforesaid directions on various ..... view that the direction issued to deduct the tax at source from retrospective effect i.e. 1-7-1995 is wholly arbitrary, and uncalled for inasmuch as the respondent-employer ..... contention, he referred to rule 2-bb of the income-tax rules, 1962, he further submits that the respondent-authorities are well within their jurisdiction in issuing such directions. after having heard learned counsel for the parties and having gone through the pleadings filed on their behalf including the relevant provisions of the income tax act and the rules framed thereunder, we are of the ..... 1. in this writ application, the petitioner, coal mines officers' association of india, a trade union registered under the trade union act, 1926, has prayed for quashing of the directions issued by respondent-deputy commissioner of income-tax vide his letters, dated 11-3-99 and 17-3-99, as contained in annexures-3 and 3/a, respectively, to this writ application, whereby the .....

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Jul 19 1999 (HC)

Larsen and Toubro Ltd. and ors. Vs. State of Bihar and ors.

Court : Patna

Decided on : Jul-19-1999

..... completed and the assessee becomes entitled to the refund, where the refund is not actually made, interest becomes payable only after six months. under the income-tax act, where the amount deducted at source or paid as advance tax is to be refunded, interest accrues and becomes payable from the first day of april of the assessment year till the date when refund is ..... that i may deal with the other submissions of the learned advocate-general based on section 194c of the income-tax act.22. reference to section 194c of the income-tax act appears on first blush to be attractive but has little substance. section 194c of the said act lays down that any person responsible for paying any sum to a contractor or sub-contractor shall at ..... make any grievance of it because their rights are to be finally determined at the stage of final assessment under section 17 of the act. in this connection he referred to provisions of section 194c of the income-tax act, 1961 and placed reliance on geeta prasad singh and co. v. state [1986] 63 stc 337 (pat). it was also submitted that section 18 ..... made.24. it would thus appear that the provisions of the income-tax act are materially different from those of section 25-a of the bihar finance act and reliance placed thereon is completely misconceived. in geeta prasad singh and co. v. state [1986] 63 stc 337 (pat), the distinction does .....

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Aug 26 1999 (HC)

Kavita Pigments and Chemicals (Pvt.) Ltd. and ors. Vs. Allahabad Bank ...

Court : Patna

Decided on : Aug-26-1999

..... to paragraph 47 of the said judgment. the said judgment was dealing with the provisions of sections 16(3) and 24(2) of the indian income-tax act 1922. in paragraph 47 of the said judgment it was made clear 'in the instant case we are dealing with an artificial liability created for ..... did not hold that there is any ambiguity in the language of the act but even then departed from the aforesaid principles of literal construction by relying on the decision of the supreme court in the case of commr. of income-tax, bangalore v. j.h. gotla reported in air 1985 sc 1698. ..... . bangalore v. j. gutia. yadagiri. in this view of the matter also i am of the firm opinion that the word an order as used in section 20 of the said act of 1993 shall mean any final order passed by the tribunal.' ..... that while exercising the power under article 226/article 32, the court would certainly take note of the legislative intent manifested in the provisions of the act and would exercise their jurisdiction consistent with the provisions of the enactment. 46. the same principle is also reiterated by the learned judge at page ..... act produces a manifestly unjust result which could never have been intended by the legislature. therefore, it is open to the court to modify and_ interpret the language used by the legislature so as to achieve the intention of the legislature and produce a rational constitution (see (19851 4 scc 343 : (air 1985 sc 16981. commr. of income-tax .....

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