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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 2012 Page 1 of about 44 results (0.075 seconds)

Nov 29 2012 (HC)

High Court of Punjab and Haryana at Chandigarh Vs. Commissioner of Inc ...

Court : Punjab and Haryana

Decided on : Nov-29-2012

..... kant, kant, j. (oral) (1).the petitioner seeks quashing of the order dated 12.06.1989 passed by the commissioner, income tax, patiala (annexure p2) whereby its prayer to waive off the interest assessed under section 139(8) and 217 of the income tax act as also the penalties levied/leviable under section 271(1)(a) and 273 for the assessment years 1979-80, 1980 ..... the extent that no further action to impose any penalty in relation to the proceedings in cwp no.11542 of 1989 -3 hand under section 271 and 273 of the income tax act shall be initiated against the petitioner. (5).ordered accordingly. dasti. (surya kant) judge 29.11.2012 (r.p.nagrath) vishal shonkar judge ..... -81, 1981-82, was turned down. (2).the impugned order reveals that the petitioner s afore- stated request was not accepted by the commissioner of income tax (cit) on the ground that the petitioner failed ..... high court of punjab and haryana at chandigarh **** cwp no.11542 of 1989 (o&m) date of decision:29. 11.2012 **** jalandhar restaurant . . appellant versus commissioner of income tax, patiala . . . respondent **** coram : hon ble mr.justice surya kant hon ble mr.justice r.p.nagrath **** 1. whether reporters of local papers may be allowed to see the judgment?. 2. .....

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Nov 21 2012 (HC)

High Court of Punjab and Haryana at Vs. Commissioner of Income Tax, Ch ...

Court : Punjab and Haryana

Decided on : Nov-21-2012

..... year 2000-01. subsequently, on the basis of proceedings initiated for the assessment year 2003- 04, they received notices on 05.05.2006 under section 148 of the income tax act, 1961 (in short, the act ) alleging that they had purchased two-third share in sco no.60-61, sector 17-d, chandigarh for a consideration of rs.85 lacs as per the ita ..... .02.2002 for a sale consideration of rs.12.80 lacs. thereafter only that the said j.gupta lodged a false complaint with the income tax authorities which led to the issuance of notices under section 148 of the act to the assessees. (4).the assessing officer (in short, the ao ) vide order dated 17.03.2006 for the assessment year 2003-04 ..... for the assessment year 2000-01. penalty proceedings under section 271(c) of the act were also initiated. (5).the assessees went in appeal(s) which were dismissed by the commissioner of income tax (appeals) (in short, the cit ) relying upon the decision of the hon ble supreme court in cit versus rajesh jhaveri stock brokers pvt.ltd., (2007) 291 itr 500. still aggrieved, the ..... ever exchanged hands, no case of escaped assessment within the ambit of section 147 of the act is made out. the decision in rajesh jhaveri s case (supra) was statedly distinguishable. the appellant-assessees relied upon a decision of the delhi high court in commissioner of income-tax versus ved parkash choudhary, (2008) 305 itr 24.(delhi) and two decisions of this court .....

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Dec 18 2012 (HC)

Punjab Urban Planning and Development Authority Vs. Assistant Commissi ...

Court : Punjab and Haryana

Decided on : Dec-18-2012

..... that against the quantum assessment, the appeal is preferred which is pending before the income tax appellate tribunal. it is also submitted that against the penalty order passed under section 271(1) (c) of the income tax act, 1961, consequent upon quantum assessment, appeal is preferred before the commissioner of income tax (appeals) which is also pending consideration. the petitioner has filed application for ..... haryana at chandigarh civil writ petition no.25127 of 2012 (o&m) date of decision: december 18, 2012 punjab urban planning and development authority ..petitioner versus assistant commissioner of income tax .....respondents coram:- hon'ble mr.justice a.k.sikri, chief justice hon ble mr.justice rakesh kumar jain, judge present: mr.rupinder khosla, advocate for the petitioner .a ..... within 30 days. so far as the amount assessed as tax is concerned, that has already been recovered by the income-tax authorities. cwp-25127-2012 -2- 2. once the appeal is preferred against the order passed under section 271(1)(c) of the said act, and the petitioner has filed application for stay of the payment, the least that ..... is expected is to hear the applicant and decide the application on merits. without allowing the petitioner to avail such a chance, the recovery notice trying to recover the amount by coercive method, may not be appropriate. 3. in these circumstances, we direct the commissioner of income tax .....

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Dec 04 2012 (HC)

Geeta Garg Vs. Commissioner of Income Tax Patiala (Punjab)

Court : Punjab and Haryana

Decided on : Dec-04-2012

..... to believe' is discharged when proceedings are on the basis of borrowed satisfaction and without application of mind of the assessing officer as defined u/s 2(7) of the income tax act, 1961?. . 2. learned counsel for the appellant very fairly submitted that the similar issue in the case of the family member of the assessee namely ita no.174 of 2012 ..... , the facts are being taken from ita no.174 of 2012. 2. the assessee has preferred this appeal under section 260a of the income tax act, 1961 (for short 'the act') against the order dated 18th november, 2011 passed by the income tax appellate tribunal b . bench (hereinafter to be referred as 'the tribunal') in ita no.1256/chd/2010 for the assessment year 2002-03 ..... ) ita no.174 of 2012 (o & m) geeta garg ....appellant versus commissioner of income tax, patiala (punjab) ...respondent (2) ita no.185 of 2012 (o & m) shama rani ....appellant versus commissioner of income tax, patiala (punjab) ...respondent (3) ita no.186 of 2012 (o & m) chander kanta ....appellant versus commissioner of income tax, patiala (punjab) ...respondent coram: hon'ble mr.justice ajay kumar mittal hon'ble .....

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Nov 27 2012 (HC)

Commissioner of Income Tax Faridabad Vs. M/S Hemla Embroidery Mills (P ...

Court : Punjab and Haryana

Decided on : Nov-27-2012

..... from ita no.16 of 2009.2. this appeal has been preferred by the revenue under section 260a of the income tax act, 1961 (in short the act .) against the order dated 10.7.2008 passed by the income tax appellate tribunal, delhi bench c ., new delhi (hereinafter referred to as the tribunal) in ita no.4250/d/2007 ..... deleting the addition of rs.7,46,296/- made by the ao u/s 2(24)(x) read with section 36(1)(va) of the income tax act, 1961 on account of late payment of employees' contribution to provident fund without appreciating the fact that the payments were made beyond the due dates?. ..... judge ita no.16 of 2009 -5- in the high court of punjab & haryana at chandigarh ita no.18 of 2009 date of decision:27. 9.2012 commissioner of income tax, faridabad ....appellant. versus m/s ut star com. inc. ...respondent. coram:- hon'ble mr. justice ajay kumar mittal. hon'ble mr. justice g.s. sandhawalia. ..... ita no.16 of 2009 -1- in the high court of punjab & haryana at chandigarh ita no.16 of 2009 date of decision:27. 9.2012 commissioner of income tax, faridabad ....appellant. versus m/s hemla embroidery mills (p) ltd. ...respondent. coram:- hon'ble mr. justice ajay kumar mittal. hon'ble mr. justice g.s. ..... ) and this court in income tax appeal no.663 of 2005 (the commissioner of income tax, patiala v. m/s rai agro ita no.16 of 2009 -4- industries ltd. sangrur), decided on 30.11.2010 wherein it has been held that second proviso to section 43b of the act omitted by finance act, 2003 with effect from 1 .....

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Dec 20 2012 (HC)

Sh. Ashwani Oberoi Proprietor: M/S Punjab Advertising Company Scf Vs. ...

Court : Punjab and Haryana

Decided on : Dec-20-2012

..... the appellant. mr. yogesh putney, advocate for the respondents. r.p. nagrath, j.this is an appeal under section 260a of the income tax act, 1961 (for brevity 'the it act') against the order dated 27.07.2011 (annexure a-6) passed by the income tax appellate tribunal, chandigarh bench 'a' (itat) for the assessment year 2002-03 and the order dated 15.02.2010 (annexure 'a ..... of sh. leela dhar gupta.16. we may notice the judgment of apex court in commissioner of income tax v. united trading and construction co., (2001) 247 itr 81.(sc) that there is nothing in section 24 of the finance (no.2) act which prevents the income tax officer, if he is not satisfied with the explanation of the assessee about the genuineness of sources ..... of amounts found credited in his books to add them to the assessee's income amount in spite of these having already been made the subject matter of ..... -5') of the cit (appeals), chandigarh deciding appeal against the assessment order dated 29.12.2008 (annexure 'a-4').2. the background of this .....

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Dec 20 2012 (HC)

Commissioner of Income Tax-i Ludhiana Vs. M/S Abhishek Industries Limi ...

Court : Punjab and Haryana

Decided on : Dec-20-2012

..... katoch, advocate for the appellant. mr. akshay bhan, advocate for the respondent. r.p. nagrath, j.this appeal filed by commissioner of income tax-i, ludhiana under section 260a of the income tax act, 1961 (for brevity 'it act') challenges the order dated 29.04.2011 passed by the income tax appellate tribunal, bench 'a', chandigarh (itat).2. the facts of the case in brief are that joint commissioner ..... , income tax, range-i, ludhiana, the assessing officer (ao) passed the assessment order dated 28.12.2006 under section 143(3) of the it act in ita no.312 ..... of 2011 -2- respect of the respondent-assessee for the assessment year 2004-05. the commissioner of income tax (cit) exercising his revisional powers under section 263 of it act, found the assessment order to be prima-facie erroneous and prejudicial to the interest of revenue as the relief granted under section 80 ia, was not deducted from the profits ..... views in preference to the other?.16. the respondent-assessee, in the present case, had in its return of income tax, claimed deduction under section 80ia at ` 12.01 crores and section 80hhc of the it act at ` 5.75 crores and declared the total income of ` 82.47 lacs. the ao allowed the deduction under section 80ia to the tune of ` 14.04 .....

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Nov 30 2012 (HC)

Present: Mr. Vivek Suri Advocate Vs. M/S Shiva Transport Company ...Pe ...

Court : Punjab and Haryana

Decided on : Nov-30-2012

..... the firs.question that in the assessment year 1949-50 the status of the assessee was that of a firm within the meaning of s. 16(1)(b) of the income-tax act and on the second question it held that the tribunal misdirected itself in law in reaching the conclusion that the parties could not be regarded as partners.thus, two appeals ..... the assessee, seth govindram sugar mills, mahidpur road, proprietor nandlal bachhulal jaora ., is an association of persons or a firm within the meaning of section 16(1)(b) of the income-tax act. (2) whether the order of the appellate tribunal is illegal on account of the tribunal having committed an error of cwp no.19730 of 2012 (o&m) [8].***** record and ..... the case of commr.of income-tax, madhya pradesh, nagpur and bhandara nagpur (in both the appeals).v. seth govindram sugar mills (in both the appeals).air ..... after the dissolution of the firm in terms of section 42(c) of the act where there are only two partners.the surviving partner do not cwp no.19730 of 2012 (o&m) [4].***** constitute the firm within the meaning of section 16(1)(b) of the income tax act. in this regard, he has relied upon a decision of the supreme court in .....

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Nov 16 2012 (HC)

Present:- Mr. Rajesh Mahna Advocate Vs.

Court : Punjab and Haryana

Decided on : Nov-16-2012

..... of mandamus or certiorari for quashing order dated 17.10.2012 (annexure p-12) whereby, the petitioner's bank accounts and rental income have been attached under section 226(3) of the income tax act, 1961 (hereinafter referred to as 'the act') and for grant of stay of demand pending the decision of first appeal.2. the pleaded case of the petitioner is that the ..... account of disallowance under section 10b for `3,62,19,000/- and disallowance under section 14a of `6,84,495/- of the act. the said additions had been contested by the assessee in appeal before the commissioner of income tax (appeals) [cit(a)]. as patently wrong and the appeal was filed on 17.01.2012 bearing no.327/2011-12 in which written submissions ..... was rejected as per order sheet. no stay order had been received from the joint commissioner of income tax, range-ii, gurgaon or the commissioner of income tax, faridabad. the instructions of the board had been duly followed while passing an order under section 226(3) of the act. the demand could not be cwp no.21765 o 5. termed as high pitched as pleaded ..... 26.09.2009 and his case was picked up for scrutiny through cass. the assessment was completed at an income of `4,99,13,470/- i.e. approximately four times of the returned income and tax demand including interest under section 234b/c of the act of `1,69,09,583/- was raised on 28.12.2011 by respondent no.2. a payment of .....

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Dec 07 2012 (HC)

Padam Kumar and Another Vs. V.

Court : Punjab and Haryana

Decided on : Dec-07-2012

..... that the said receipts are not admissible in evidence. as regards question (e).again this question is between respondent no.1 and the income tax department. the mere fact that the transaction may or may not be infraction of the income tax act would not make it per-se illegal so as to render a suit for recovery non-maintainable. consequently, holding the questions proposed ..... the judgment and decree passed by the appellate court is sustainable in the eyes of law ?. e) whether the alleged payment of ` 1 lac in cash is permissible under the income tax rules and it can be taken into consideration ?. . it would be seen that questions (a).(c) and (d) are pure questions of fact. counsel for the appellants has taken me .....

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