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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Page 1 of about 10,038 results (0.073 seconds)

Jul 15 1975 (HC)

H.L. Sibal Vs. Commissioner of Income-tax and ors.

Court : Punjab and Haryana

Reported in : [1975]101ITR112(P& H)

..... to the assistant director of intelligence asking him to prepare separate folders for professional persons for different ranges. it reads as under:'proposal for action under section 132 of the income-tax act, 1961,whereas i have reason to believe that the undermentioned persons, all punjab leading advocates of chandigarh, practising in the high court of punjab and haryana at chandigarh, ..... other valuable article or thing and such money, bullion, jewellery, or other valuable article or thing represents either wholly or partly income or property which has not been disclosed for the purposes of the indian income-tax act, 1922, or the income-tax act, 1961;and whereas i have reason to suspect that such books of account, other documents, money, bullion, jewellery or other valuable ..... or other valuable article or thing and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the indian income-tax act, 1922, or under this act.(5) where any money, bullion, jewellery or other valuable article or thing (hereinafter in this section and section 132a referred to as the assets) is ..... not, produce or cause to be produced, any books of account or other documents which will be useful for, or relevant to, any proceeding under the indian income-tax act, 1922, or under this act, or(c) any person is in possession of any money, bullion, jewellery orother valuable article or thing and such money, bullion, jewellery or othervaluable article or .....

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Feb 07 2005 (HC)

Sant Lal Tek Chand Vs. State of Haryana

Court : Punjab and Haryana

Reported in : [2005]142STC135(P& H)

..... addition was maintained by the appellate assistant commissioner and the tribunal. after finalisation of the assessment, penalty proceedings were initiated under section 28(1)(c) of the income-tax act, 1922. the income-tax officer imposed penalty of rs. 66,000. this was reduced by the appellate authority to rs. 44,000. subsequently, he rectified the order under section 35 and confirmed the penalty ..... found that income from the business in the name of m/s. kohinoor grain mills sales depot was not included in the return. for the subsequent three years, the ..... ) , their lordships of the supreme court, while dealing with a case involving imposition of penalty under section 271(1)(a) of the income-tax act, 1961 (for short, 'the 1961 act'), read that provision in conjunction with section 276c of the said act and observed :'it is sufficient for us to refer to section 271(1)(a), which provides that penalty may be imposed if ..... d.m. manasvi v. commissioner of income-tax, gujarat-ii : [1972]86itr557(sc) , the supreme court upheld the levy of penalty on the assessee on the ground of non-disclosure of business profits from a particular mill. the facts of that case were that the assessment for 1959-60 was made under section 23(3) of the income-tax act, 1922. the assessing officer subsequently .....

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Aug 02 1989 (HC)

Sat Pal and Co. Vs. Excise and Taxation Commissioner and ors.

Court : Punjab and Haryana

Reported in : (1990)86CTR(P& H)13; [1990]185ITR375(P& H)

..... matters. the conclusions in a. sanyasi rao's case are illuminating (headnote) :'entries in legislative lists in the constitution must be given a wide interpretation. the income-tax act defines the expression 'income' in clause (24) of section 2, but that definition cannot be read back into entry 82 of list i of the seventh schedule to the constitution. even ..... the challenge in this bunch of writ petitions is directed against the legality and constitutional validity of sections 44ac, 206c and 276bb incorporated in the income-tax act, 1961 (hereinafter referred to as 'the act'), by the finance act, 1988. the petitioners, also impugn the directions (annexure p-1) issued by the excise and taxation commissioners of the states of punjab and ..... stretch of imagination be called 'income' can be treated as 'income' and taxed as such by parliament. it must have some characteristics of income as broadly understood. so long as the amount taxed as income can rationally be called income as generally understood, it is competent for parliament to call it 'income' and levy tax thereon. section 44ac of the income-tax act, 1961, clearly indicates that the ..... government and they include the price of the liquor and the expenses on bottling, labelling, etc.3. parliament passed the finance act, 1988, and it has, among others, introduced sections 44ac, 206c and 276bb in the income-tax act. the provisions of section 44ac have been enforced with effect from april 1, 1989. these sections, in so far as they .....

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Sep 14 2004 (HC)

industrial Cables (India) Ltd. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : [2005]272ITR314(P& H)

..... of the income-tax act, 1961 (for short, 'the act'), on the following assets :rs.(i) cycle stand for workers {cable unit) 57,391(ii) cycle stand to workers (xlpe unit) 42,847 ..... unit) as well as for that of (xlpe unit) which items have not been specifically mentioned in section 32(1)(iv) of the income-tax act, 1961 ?'questions nos. 1 and 1a :4. the facts relevant to this issue are that the assessee claimed initial depreciation under section 32(1)(iv) ..... to him, neither the cycle stands nor water cooler places were covered in any of the items referred in section 32(1)(iv) of the act. the commissioner of income-tax (appeals) confirmed the order of the assessing officer. on further appeal by the assessee, the tribunal, following its earlier order in the case ..... the other hand, contended that this rule was not applicable to the professionals. the disallowance made by the assessing officer was upheld by the commissioner of income-tax (appeals). the tribunal on further appeal upheld the disallowance by observing as under :'we have heard both the parties at length. the nature of the ..... the professionals has not been discussed either by the assessing officer or the commissioner of income-tax (appeals). be that as it may, rule 6d(2) refers to the words 'any other person'. this has not been defined in the act. it has, therefore, to be considered in its wider sense. the words ' .....

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Dec 14 2004 (HC)

Commissioner of Income-tax Vs. Shiva Rice and Dal Mills

Court : Punjab and Haryana

Reported in : (2005)196CTR(P& H)78; [2005]273ITR265(P& H)

..... section 32ab(1) and (5) which is pari materia to section 80hha(4) and held as under (headnote):'the conditions embodied in sub-section (1) of section 32ab of the income-tax act, 1961, the fulfilment of which entitles the assessee to claim deduction on the basis of investment deposit account are mandatory, because the substratum of the claim of deduction is the ..... the business of manufacturing rice. the original assessment is relation to the assessment year 1983-84 was completed by the income-tax officer c- ward, ambala (hereinafter described as 'the assessing officer'), under section 143(1) of the income-tax act, 1961 (for short 'the act'), at rs. 5,795. the assessment was reopened under section 143(2)(b). the assessee filed a revised return ..... on september 2, 1985, along with duly audited accounts. thereafter, vide order dated september 16, 1985, the assessing officer assessed the income of the assessee under section 143(2)(b ..... on the ground that duly audited accounts had not been filed with the original return. the appeal filed by the assessee was partly allowed by the appellate assistant commissioner of income-tax, ambala range, ambala, vide his order dated december 10,1985, but he upheld the decision of the assessing officer not to allow deduction under section 80hha. on further appeal, .....

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Dec 01 1975 (HC)

Pritam Singh Vs. Assistant Controller of Estate Duty

Court : Punjab and Haryana

Reported in : [1976]103ITR661(P& H)

..... rate. 54. there is no dispute regarding the law laid down in these authorities, all these decisions either pertain to section 34(1)(b) of the indian income-tax act, 1922, or section 147(b) of the income-tax act, 1961. according to these decisions, the word 'information' in these sections 34(1)(b) and 147(b), includes 'information ' as to the true and correct state ..... therefore, the notice is liable to be quashed. in support of this contention, he relied on calcutta discount co. ltd. v. income-tax officer, : [1961]41itr191(sc) wherein it was held as under : 'to confer jurisdiction under section 34 (of the income-tax act, 1922) to issue notice in respect of assessments beyond the period of four years, but within a period of eight years ..... , held that interest on arrears of rent payable in respect of agricultural land was not agricultural income, and, as a result of this decision, the income-tax officer initiated reassessment proceedings under section 34(1)(b) of the income-tax act and brought the amount of rs. 93,604 to tax. on these facts it was held as under : '(i) that the word 'information' in section 34 ..... believing that there had been such nondisclosure.' 45. similar was the law laid down by the supreme court in commissioner of income-tax v. bhanji lavji : [1971]79itr582(sc) . both these decisions are not relevant. section 341(1)(a)of the indian income-tax act, 1922, dealt with cases of omission to disclose fully and truly all material facts necessary. this clause (a) of section .....

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Jul 15 1997 (HC)

Sangam Cold Storage and Ice Factory Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : [1999]235ITR676(P& H)

..... tribunal, amritsar bench, amritsar. the tribunal set aside the order of the commissioner of income-tax (appeals) and restored the order of the assessing officer. the assessee filed a petition under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), claiming the following questions of law, said to be arising from the order of the tribunal passed under section 254 ..... of the act :'1. whether, on the facts and in the circumstances of the case, the tribunal was right ..... the said judgment the punjab and haryana high court has granted a certificate under section 261 of the income-tax act holding that it is an interesting and important question of law ?'3. the petition filed by the assessee under section 256(1) of the act was delayed by 23 days, and the same was dismissed by the tribunal, both on the ground of .....

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Feb 27 1989 (HC)

income-tax Officer Vs. Radha Kishan, Partner of Ghansham Dass Radha Ki ...

Court : Punjab and Haryana

Reported in : 1990CriLJ729

..... from the aforementioned three firms. he failed to do so within the time prescribed and thus he came within the grips of section 276cc of the income-tax act, 1961. on prosecution, the respondent was convicted by the trial court which sentenced him to three months rigorous imprisonment and a fine of rs. ..... order in these circumstances.4. mr. ashok bhan, learned counsel appearing for the income-tax officer-petitioner, is only aggrieved against the order of releasing the respondent on probation and on the strength of section 292a of the income-tax act says that either this court should impose the sentence or send the matter back to ..... the lower appellate court for doing the needful. section 292a provides as under:'section 360 of the cri. p. c. 1973 and the probation of offenders act, 1958 not to apply. ..... -respondent on probation in terms stated therein.2. the facts are simple. the respondent was a partner of three firms. these firms were assessable to income-tax for the year 1978-79. no doubt, the firms were required to file their returns before 31st july, 1978, the respondent too in his personal ..... punchhi, j.1. this is a revision petition against the appellate order of shri hari ram, sessions judge, ambala, preferred by the income-tax officer, a-ward, yamunanagar, district ambala. the challenge is solely confined to the substitution of the order of sentence to release of .....

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Apr 12 1977 (HC)

Jai Hanuman Trading Co. Pvt. Ltd. Vs. the Commissioner of Income Tax, ...

Court : Punjab and Haryana

Reported in : AIR1977P& H314; [1977]110ITR36(P& H)

..... clause (a) can be treated as one, if the material conditions are fulfilled, under clause (b) of section 147 of the income-tax act of 1961'. in fact, section 292b of the income-tax act, 1961, expressly provides that no return of income, assessment, notice, summons or other proceeding furnished or made or issued or taken or purported to have been furnished or made or ..... mittal, learned counsel for the petitioner, was that the notices were bad as they were served beyond the period of limitation prescribed by section 149(1)(b) of the income-tax act. shri mittal contended that the notices fell under sec-tion 147(b) and therefore the period of limitation was only four years. in the written statements filed by the ..... required to be served i under section 148 before action is taken under section 147. the contrast between the provisions of ihe 1961 act and the 1922 act becomes immediately patent. while section 34(1) of the indian income-tax act 1922, prescribed limitation for the service of the notice on the assessee, section 149 now prescribes limitation for the issuance of the ..... authority, the appellate assistant commissioner and the appellate tribunal. in the famous case of calcutta discount company ltd. v. income-tax officer : [1961]41itr191(sc) , the supreme court recognised the existence of alternative remedy under the provisions of the indian income-tax act when it observed :--'mr. sastri mentioned more than once the fact that the company would have sufficient opportunity to raise .....

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Mar 23 1992 (HC)

income-tax Officer Vs. Prem Dass

Court : Punjab and Haryana

Reported in : (1992)104CTR(P& H)352; [1992]198ITR93(P& H)

..... identify his signatures on this letter, i have seen his writing and signing a number of times. complaint, annexures and vakalatnama bear my signatures. '8. section 132(4a) of the income-tax act, 1961, as amended up to date reads : ' where any books of account, other documents, money, bullion, jewellery or other valuable article or thing are or is found in the ..... exhibit po (157 photostat sheets with one page index) and exhibit pp (285 photostat sheets with one page index). raid was conducted under section 132 of the income-tax act read with rule 112(1) of the income-tax rules.'7. the giving of authority for conducting the raid as also for filing the complaint against the accused by shri c. b. rathee, commissioner of ..... rigorous imprisonment for a further period of three months. identically, the same sentence was awarded to the assessee accused for his conviction under section 277 of the income-tax act as well. substantive sentences of imprisonment awarded to him on both these counts were, however, ordered to run concurrently. on appeal, vide its impugned judgment dated october 7, 1988, the ..... its impugned judgment dated september 22, 1986, the learned trial court convicted the assessee of the commission of both the offences aforesaid. for his conviction under section 276c of the income-tax act, 1961, the accused was sentenced to undergo rigorous imprisonment for six months and fined rs. 1,000. in default of payment of fine, the accused was ordered to undergo .....

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