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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 1999 Page 1 of about 63 results (0.041 seconds)

May 11 1999 (HC)

Commissioner of Income-tax Vs. Prem Das

Court : Punjab and Haryana

Decided on : May-11-1999

Reported in : [2001]248ITR234(P& H)

..... n.k. agrawal j.1. this is a petition filed by the commissioner of income-tax, rohtak, under section 256(2) of the income-tax act, 1961 (for short, 'the act'), seeking a direction to the income-tax appellate tribunal, new delhi (for short, 'the tribunal'), to refer the following question of law in respect of the assessment year 1982-83 for the opinion of this court:' ..... penalty imposed under section 271(1)(c) of the income-tax act, 1961, at rs. 42,250 which was confirmed by the commissioner of income-tax (appeals) ?'2. the assessee carried on, as an individual, transport business and also derived income from rent and interest. a return of income for the assessment year 1982-83 was filed declaring income of rs. 30,200. assessment was completed on ..... against 80 per cent, allowed by the assessing officer.6. the assessing officer levied penalty on the assessee for concealment of income under section 271(1)(c) of the act. the assessee again went in appeal before the commissioner of income-tax (appeals) against the levy of penalty but did not succeed. he went in further appeal before the tribunal, which cancelled the ..... the declared income under section 143(1) of the act.3. a search was later on .....

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Jan 12 1999 (HC)

Commissioner of Income-tax Vs. Ram Mohan Kabra

Court : Punjab and Haryana

Decided on : Jan-12-1999

Reported in : [2002]257ITR773(P& H)

..... , 1998, declined to refer the following question as a question of law to the high court in exercise of its powers under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'). in fact the tribunal held that the order of the authority below in declining the condonation of delay was fully justified. the question of law as formulated ..... are constrained to hold that the view of the tribunal in declining the reference to this court is fully justified and thus, we decline to issue any direction to the income-tax appellate tribunal, amritsar, to state and refer the aforesaid question, as question of law, to this court in exercise of its power under section 256 of the ..... relevant person, i.e., 'receipt clerk'. even at the time of reference application no such 'affidavit' is available. the income-tax appellate tribunal has given finding of fact and as such no question of law arises out of the finding of the income-tax appellate tribunal. the reference application filed by the revenue is accordingly dismissed.'8. the supreme court of india in the ..... by the commissioner of income-tax, jalandhar, for reference, reads as under :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law .....

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Jul 21 1999 (HC)

Commissioner of Income-tax Vs. Pearl Mech. Engineering and Foundry Wor ...

Court : Punjab and Haryana

Decided on : Jul-21-1999

Reported in : [2000]241ITR81(P& H); (1999)123PLR548

..... a thing to be done in a particular manner, it must be done in that manner, or not at all. in thatcase since the notice under section 269d of the income-tax act, served on the transferor and the transferees had not been published at any point of time prior to the communication thereof to the transferor and the transferee, it was held ..... under : 'the property in question is a plot measuring 9,229.7/9 sq. yards, with structure over it. a reference under section 269l of the income-tax act, 1961, was made to the district valuation officer, income-tax department, new delhi, for determining the fair market value of the property ason the date of its transfer. the valuation officer has intimated the same at ..... this court :'whether, on the facts and in the circumstances of the case and also in the light of the provisions of section 292b of the income-tax act, 1961, notice issued under section 148 of the act was not invalid specially when the assessee had consciously and intentionally waived his right to object to the defect in the notice ?'17. mr. sawhney, learned ..... the fair market value of the property at rs. 18,31,000.'3. the competent authority thereafter proceeded in the matter and issued notices under section 269d(2) of the income-tax act (for short the 'act'), to the transferor and the transferee on october 10, 1980. the date of publication of the notice under section 269d(1) of the .....

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Jan 21 1999 (HC)

Commissioner of Income-tax Vs. Arjun Dass Surinder Kumar and Co.

Court : Punjab and Haryana

Decided on : Jan-21-1999

Reported in : [1999]239ITR859(P& H)

..... the case, the tribunal is right in law in holding that the statements of partners recorded under section 132(4) of the income-tax act cannot be used against the assessee while refusing registration under section 185(1)(b) of the act ?' 2. the assessee-firm was a dealer in country liquor. an application seeking registration of the firm was filed along with the ..... n.k. agrawal, j.1. this is a petition by the commissioner of income-tax under section 256(2) of the income-tax act, 1961 (for short the 'act'), seeking a direction to the income-tax appellate tribunal, delhi (for short, the 'tribunal'), to refer the following questions of law, relating to the assessment year 1985-86, to this court for opinion ;'1. whether, on the ..... with the terms of the partnership deed. he, therefore, refused to grant registration to the firm on the ground that no genuine firm was in existence.3. the commissioner of income-tax (appeals) upheld the order of the assessing officer but the tribunal, in further appeal filed by the assessee-firm, accepted the plea for the grant of registration.4. shri r ..... kerala high court in v. kunhambu and sons v. cit : [1996]219itr235(ker) . in that case, the question under consideration was whether the authorised officer could record the statement on oath during search and seizure on all matters pertaining to the suppressed income. after considering the explanation to section 132 of the act, it was held that statements on all matters pertaining to .....

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Sep 28 1999 (HC)

Jagan Nath Singhal Vs. Deputy Commissioner of Income-tax and Another

Court : Punjab and Haryana

Decided on : Sep-28-1999

Reported in : [2000]242ITR554(P& H)

..... n.k. sud j.1. in this writ petition the validity of the proceedings under section 147 of the income-tax act, 1961 (for short 'the act'), initiated vide notice under section 148, dated october 22, 1996, has been challenged. before resolving the controversy it is necessary ..... a matter for the court to investigate. the sufficiency of the grounds which induce the income-tax officer to act is, therefore, not a justiciable issue. it is, of course open to the assessee to contend that the income-tax officer did not hold the belief that there had been such non-disclosure. the existence ..... facts would not be open for the court's investigation. in other words, all that is necessary to give this special jurisdiction is that the income-tax officer had when he assumed jurisdiction some prima facie grounds for thinking that there had been some non-disclosure of material facts.' 4. similar ..... regards any primary fact, which could have a material bearing on the question of 'underassessment', that would be sufficient to give jurisdiction to the income-tax officer to issue the notices under section 34. whether these grounds were adequate or not for arriving at the conclusion that there was a non- ..... to advert to the relevant facts. the petitioner is a partner in b. k. jagan and co., chandigarh, and, as such, is regularly assessed to income-tax. he had duly .....

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Apr 22 1999 (HC)

Commissioner of Income-tax Vs. Shanti Swarup

Court : Punjab and Haryana

Decided on : Apr-22-1999

Reported in : [2002]255ITR655(P& H)

..... view taken by the assessing and the appellate authorities was 'unwarranted'. consequently, the appeal was allowed. the revenue approached the tribunal with a petition under section 256(1) of the income-tax act, 1961. it prayed that the following question be referred to the high court for its opinion :'whether, on the facts and in the circumstances of the case, the tribunal was ..... . it also claimed credits for an amount of rs. 73,500. on an examination of the evidence adduced by the assessee, the income-tax officer, faridabad, disallowed the credits and made an addition of rs. 73,500 to the income returned by the assessee. the appeal filed by the assessee was dismissed by the appellate authority. the assessee approached the tribunal. vide its ..... raise a question of law. learned counsel has also referred to certain decisions, viz., hart chand virender paul v. cit cit v. sarvodaya furnishers and electricals pvt. ltd. : [1994]210itr255(all) cit v. smt. usha jain : [1990]182itr437(delhi) and mehta parikh and co. v. cit [1956] 30 itr 181. there is no quarrel with the proposition enunciated in these cases. however, so far .....

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Mar 09 1999 (HC)

Vivek Gupta Vs. Central Board of Direct Taxes and Others

Court : Punjab and Haryana

Decided on : Mar-09-1999

Reported in : [1999]238ITR124(P& H)

..... occasion to make any deposit on behalf of mr. dharam pal. in this situation, we cannot say that the requirements of section 147 of the income-tax act were not fulfilled. 4. mr. mittal has placed reliance on the decisions of the different courts. he has referred to the judgments in r ..... the notices dated march 20, 1997, by which the income-tax officer informed him that he had 'reason to believe that - income in respect of - assessment years 1994-95 and 1995-96, has escaped assessment within the meaning of section 147 of the income-tax act, 1961'. these notices related to two years. the reasons ..... the authority are wholly without jurisdiction. this contention is based upon the fact that vide order dated september 27, 1996, the assistant commissioner of income-tax (investigation circle-ii), ambala, had passed an order of assessment and taken the plot in respect of which the deposit had been made by ..... proceedings under section 147 can be initiated only when the assessing authority has reason to believe that income chargeable to tax has escaped assessment. it must have reasonable grounds for forming that opinion. it cannot act on the basis of mere rumour or suspicion. the belief must be that of an honest ..... and reasonable person. there is no quarrel for these propositions. however, in the present case, there is nothing to show that the authority did not have any reason to believe that income chargeable to tax .....

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Jul 27 1999 (HC)

Commissioner of Income Tax Vs. Oswal Woollen Mills Ltd. High Court of ...

Court : Punjab and Haryana

Decided on : Jul-27-1999

Reported in : (1999)157CTR(P& H)62

..... a particular manner, it must be done in that manner, or not at all. in that case since the notice under section 269d of the income tax act served on the transferor and the transferees had not been published at any point of time prior to the communication thereof to the transferor and the ..... as under :'the property in question is a plot measuring 9229,7/9 sq. yards with structure over it. a reference under section 269l of the income tax act, 1961, was made to the district valuation officer, it department, new delhi, for determining the fair market value of the property as on the date ..... on the facts and in the circumstances of the case and also in the light of the provisions of section 292b of the income tax act, 1961, notice issued under 148 of the act was not invalid specially when the assessee had consciously and intentionally waived his right to object to the defect in the notice ? ..... ,31,000.'3. the competent authority thereafter proceeded in the matter and issued notices under section 269d(2) of the income tax act (for short the 'act) to the transferor and the transferee on 10th oct., 1980. the date of publication of the notice under section 269d(1) of the ..... the appellate assistant commissioner examined the original order-sheet and found that no reason had been recorded by the income tax officer as required by section 148(2) of the act. he further found that the income tax officer had not specified the clause of section 147 under which the assessment had been reopened. he, therefore .....

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Aug 19 1999 (HC)

New Punjab SkIn Co. Vs. Union of India and ors.

Court : Punjab and Haryana

Decided on : Aug-19-1999

Reported in : (2000)160CTR(P& H)130; [2000]242ITR401(P& H)

..... writ petition is directed against the order passed by respondent no. 2, director-general of income tax, new delhi, dated 11-5-1999, rejecting the petition filed by the petitioner seeking waiver of interest levied under section 158bfa(1) of the income tax act, 1961 (hereinafter referred to as 'the act').2. the petitioner is a partnership firm which was subjected to search and seizure operations ..... on 18-6-1997. a notice under section 158bc of the act was issued and served on the petitioner on 28-8-1997, requiring it to ..... ,66,235 was paid by it separately for which the challan was enclosed with the return. the assessment was completed by the assistant commissioner of income tax, central circle-i, ludhiana, on 31-3-1998, accepting the income declared by the petitioner in its return. however, as the return was late by four months and 28 days, interest under section 158bfa(1) of ..... 15 days. however, the return was filed by the petitioner on 10-2-1998, which was late by four months and 28 days. the tax on the returned income worked out to rs. 1,80,00,000. the petitioner had filed a letter along with the return in which it had requested that the cash seized from its premises .....

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May 05 1999 (HC)

State Bank of Patiala Vs. Commissioner of Income Tax

Court : Punjab and Haryana

Decided on : May-05-1999

Reported in : (1999)154CTR(P& H)156

..... counsel for the respondents, has argued that s. 21 of the interest-tax act seeks to incorporate certain provisions. including s. 245, of the income tax act into the interest-tax actsec. 21 of the interest-tax act reads as under ..'21. application of provisions of income tax act.-the provisions of the following sections and schedules of the income tax act and the it (certificate proceedings) rules, 1962, as in force from time ..... . 5th/6th may, 1997 (annexure p. 9) reads as under'tom/s state bank of patiala,the mall, patiala.dear sir,sub : adjustment of refund under s. 245 of the income tax act, 1961-m/s state bank of patiala-asst. yrs. 1993-94 & 1994-95-regarding-read with s. 21 of interesttax, 1974-in this case appeal effect to commissioner (appeals)'s ..... . 4) reads as under'tom/s state bank of patiala,the mall, patiala.dear sirs,sub . adjustment of refund-asst. yr,. 1996-97-intimation under s. 245 of income tax act-reg.return of income for the assessment year 1996-97 was processed under s. 143(1)(a) on 19th march, 1997 and a refund of rs. 16,27,64~936 has been determined ..... off, after intimation to the claimant, the amount to be refunded or any part thereof, against any sum remaining payable under the act by the person to whom the refund is due. in the income tax act, 1922 (for short, the '1922 act') similar provision regarding set off dsted in s. 49e. requirement regarding intimation to the assessee did not, however, find place in s .....

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