Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: rajasthan Page 7 of about 6,575 results (0.081 seconds)

Jul 28 1983 (HC)

Pushpa Devi Vs. Union of India (Uoi)

Court : Rajasthan

Reported in : 1984(15)ELT72(Raj); [1985]156ITR864(Raj); 1983WLN(UC)279

..... gold in respect of which contravention has either been made or is about to be made.12. the expression 'reason to believe' was used in section 34 of the indian income-tax act, 1922.13. it came up for consideration in calcutta. discount co. ltd. v. ito : [1961]41itr191(sc) . it was held therein that this expression means a belief in good faith ..... accepted the declaration of the said gold ornaments as her wealth. the petitioner's husband is shyam sundar dhoot. he is a separate assessee under the provisions of the wealth-tax act as well as the income-tax act (no. xliii of 1961) (for short, ' the act '). the mother-in-law of the petitioner, smt. rukma bai dhoot, was also assessed separately under the wealth ..... belong to .the petitioner, they cannot be delivered to her. it has been further stated that a notice was issued under section 132(1) of the act to the petitioner to appear before the income-tax officer and explain the variance in the two lists so that ornaments may be returned to her, but on one pretext or the other, she refused to ..... refused to accept the representation. it was, therefore, sent to the office of the assistant collector, central excise and customs, jodhpur, and the authority under the act of 1968. the superintendent was asked by the income-tax officer to sit just outside his room within the office premises keeping posted his guard inside the room so that the moment the gold ornaments were .....

Tag this Judgment!

Sep 11 1979 (HC)

indra and Co. Vs. Commissioner of Income-tax

Court : Rajasthan

Reported in : (1979)12CTR(Raj)97; 1979(12)WLN674

..... section 64 more as a question of right than as a matter of convenience only. it was for the above decision that the indian income-tax act, 1922, was amended by the indian i.t. (amend.) act, 1940 (xl of 1940), by adding to clause (b) of sub-section (5) of section 64 the words ' in consequence ..... for determination under this subsection before assessment is made. (4) notwithstanding anything contained in this section, every income-tax officer shall have all the powers conferred by or under this act on an income-tax officer in respect of any income, profits or gains accruing or arising or received within the area for which he is appointed. (5) the ..... to any assessee- (a) on whom an assessment or reassessment for the purposes of this act has been, is being or is to be made in the course of any case in respect of which a commissioner of income-tax appointed without reference to areaunder sub-section (2) of section 5 is exercising the functions of ..... learned counsel we may, here, reproduce the relevant provisions of section 64 of the act:'64. place of assessment.--(1) where an assessee carries on a business, profession or vocation at any place, he shall be assessed by the income-tax officer of the area in which that place is situate or, where the business, ..... c.m. lodha, c.j.1. this is a reference under section 256(1) of the i.t. act, 1961, by the income-tax appellate tribunal, delhi bench 'c', new delhi, at the request of m/s. indra & co., a partnership firm (hereinafter to be referred to as ' .....

Tag this Judgment!

Jul 28 1982 (HC)

Commissioner of Income-tax Vs. Lt. Gen. Umrao Singh

Court : Rajasthan

Reported in : [1983]142ITR253(Raj)

..... tribunal was justified in holding that there was no escapement of income on account of failure on the part of the assesses to disclose income fully and truly and thus initiation of proceedings under section 147(a)/148 of the income-tax act, 1961, was without any jurisdiction.? '2. the ito gave ..... and annulled the assessment order passed by the ito. the department aggrieved against the order of the aac filed an appeal before the income-tax appellate tribunal. the tribunal, after taking into consideration the facts and circumstances of the case, held that there was no material on ..... jurisdiction under section 147(a) two conditions were to be satisfied, firstly, that the ito must have reason to believe that income, profits or gains chargeable to income-tax have escaped assessment, and, secondly, he must have reason to believe that such escapement has occurred by reason of either ..... kasliwal, j. 1. this is a reference application under section 256(2) of the i.t. act, 1961, by the department for giving a direction to the income-tax appellate tribunal, jaipur bench, jaipur, for stating the case and refer the following question of law :' ..... a notice under section 147(a) to the assessee and in pursuance of that notice the ito finally held that a house property known as ' devi asha ' belonged to the assessee up to 1939 and was transferred by him to his wife without adequate consideration. the ito as such clubbed the income .....

Tag this Judgment!

Jul 31 1990 (HC)

Commissioner of Income-tax Vs. Multimetals Ltd.

Court : Rajasthan

Reported in : [1991]187ITR98(Raj)

..... the year 1977-78. the tribunal upheld the order passed by the learned commissioner. 7. reference under section 256 of the income-tax act was submittedby the commissioner of income-tax, jaipur, before the tribunal with therequest that questions of law arise out of the order of the tribunal and the questions referred ..... the present case, particularly when it is an assessment under section 263 and is not a regular assessment under sections 143/144 of the income-tax act any assessment made in pursuance of the directions issued by the commissioner under section 263 in his revisional jurisdiction cannot be said to be ..... that the fresh assessment does not fall within the purview of sections 143 and 144 read with clause (40) of section 2 of the income-tax act. assessment made under section 263 has been termed 'fresh assessment'. this fresh assessment is limited only to the extent of directions given by the ..... under section 143 or 144.' 11. the words 'fresh assessment' as used in section 263 has not been defined under any of the provisions of the income-tax act. 12. every word may not have a fixed connotation or meaning in all cases. the words 'assessment', 'reassessment', 'fresh assessment', may be of ..... on the ground that the appeal is not maintainable as an appeal does not lie. thereafter, an application under section 154 of the income-tax act was submitted by the assessee for the rectification of the mistake stating therein that interest is not chargeable and that the same cannot be charged .....

Tag this Judgment!

May 09 1990 (HC)

Shree Singhvi Brothers and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : (1990)83CTR(Raj)229; [1991]187ITR219(Raj)

..... is the person making a statement in any verification, or delivering an account or statement which is false who has been made liable to punishment under section 277 of the income-tax act, 1961. it does not create any vicarious liability. what the law requires is that the complaint should prima facie disclose the offence. if the complaint does not disclose commission of ..... high court in modi industries ltd. v. b.c. goel : [1983]144itr496(all) , wherein it had been held that the word 'person' occurring in sections 277 and 278 of the income-tax act, 1961, in view of the definition clause in section 2, includes a company. a company is hence prima facie liable to be prosecuted for the commission of an offence under ..... given and, therefore, the principle of promissory estoppel does not arise in this case. mr. arora has further submitted that before launching prosecution, according to section 279(1) of the income-tax act (old), no sanction is necessary and the prosecution has only to be launched at the instance of the commissioner and, therefore, the argument about sanction is not available to the ..... constitution, the petitioners have prayed for quashing the order annexure 13 dated may 31, 1988, whereby the waiver petition filed under sections 273a and 273a of the income-tax act, 1961 (hereinafter referred to as 'the act'), has been rejected. a direction has also been sought for reconsideration of the waiver petition by the non-petitioners or, in the alternative, the petitioners have claimed .....

Tag this Judgment!

Sep 21 2000 (HC)

The Commissioner of Income Tax, Udaipur Vs. M/S. Vaishali Enterprises, ...

Court : Rajasthan

Reported in : 2001(2)WLN136

..... in the circumstances of the case, the itat was justified in cancelling the order passed by the assessing officer imposing penalty under sec. 273 of the income tax act, 1961 ?(5). the income tax appellate tribunal vide its order (annex.4) dated 24.2.1999 rejected the reference application filed by the department under sec. 256(1) of the ..... , the assessee preferred an appeal before the commissioner of income tax (appeals), who upheld the orderof the assessing officer vide his order (annexure/2) dated 2.6 ..... rs. 1,21,530/-. however, assessment was completed on the income of rs. 14,64,730/- on which the assessed tax came to rs. 3,37,535/-. in view of these facts, the assessing officer imposed penalty under s. 273(2)(a) of the income tax act, 1961 (for short 'the act') at rs. 20,000/-.(3). being aggrieved by the order of the assessing officer ..... assessing officer was set aside.(4). aggrieved with the order (annex.3) dated 29.9.1998 passed by the learned income tax appellate tribunal, the department preferred a reference application under sec. 256(1) of the act for a direction to the income tax appellate tribunal, jaipur to refer the following question of law for the opinion of this court;'whether on the facts and .....

Tag this Judgment!

Oct 28 1993 (HC)

Commissioner of Income-tax Vs. Aditya Mills Ltd.

Court : Rajasthan

Reported in : (1994)119CTR(Raj)253; [1994]209ITR933(Raj); 1993WLN(UC)384

..... :'1. whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding the order of the commissioner of income-tax (appeals) reducing the disallowance made under section 43(5) of the: income-tax act, from rs. 1,86,764 to rs. 4,500 and thereby allowing relief of rs. 1,82,264? 2. whether, on the facts and in ..... circumstances of the case, the tribunal was justified in further holding that none of the transactions are in the nature of speculative transactions covered by section 43(5) of the income-tax act, 1961? 3. whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding the order of the commissioner of ..... , bombay, rs. 14,893 paid to mangal textiles, bombay, and rs. 4,500 to cotton textiles export promotion council. the income-tax officer came to the conclusion that in view of the provisions of section 43(5) of the income-tax act, the amount of rs. 1,86,764 is a speculation loss and cannot be allowed as deduction from the business profits. the sum ..... of rs. 68,620 was incurred in connection with the 10th anniversary of the company for which the income-tax officer came to the conclusion that some of the items .....

Tag this Judgment!

Nov 05 1996 (HC)

Commissioner of Income-tax Vs. Mahendra Singh

Court : Rajasthan

Reported in : [1998]229ITR310(Raj)

..... case would cease to be a referable one and, therefore, the course to be adopted is to reject a reference under section 256(2) of the income-tax act, 1961. despite such observation we do not think it to be an absolute question of law.15. last but not the- least comes the fourth question ..... raj is an impartible estate and the assessee had transferred the property to his wife for maintenance, the provisions of section 16(3) of the previous income-tax act, 1922, were not applicable to the case of the assessee and it was contended that he being the holder of an impartible estate, the properties ..... not be challenged before the high court by way of proper writ.8. as and when an application was filed under section 256(2) of the income-tax act a notice was served on the respondent, shri mahendra singhji, who did not choose to engage any advocate and thereafter filed a written submission by registered ..... levy of interest under sections 139(8) and 21,7 was also set aside.7. the department had filed an application under section 256(1) of the income-tax act for making a reference of the aforesaid four questions. the tribunal has rejected the application on the ground that questions nos. (i) and (ii) no ..... property was part and parcel of the official residence of the ruler and thereby the ruler enjoyed the benefit of exemption under the income-tax act and the wealth-tax act. the late maharana bhagwat singh being the owner of the property transferred the same by custom and disposed of the property in .....

Tag this Judgment!

Apr 10 1973 (HC)

Commissioner of Income-tax (Central) and anr. Vs. Official Liquidator, ...

Court : Rajasthan

Reported in : [1974]44CompCas445(Raj); [1974]95ITR488(Raj); 1973()WLN567

..... the learned judges observed that assessment and reassessment of income-tax with which they were concerned is the function of the income-tax officer under the income-tax act and, therefore, the winding-up court cannot perform that duty which is to be done by the income-tax officer in the hierarchy of the department under the income-tax act which is a complete code by itself, but in ..... , while examining this question in the context of the recovery proceedings started by the revenue under section 46 of the indian income-tax act of 1922, observed as follows : ' that still leaves open the question whether action under section 46, income-tax act, is covered by the phrase ' other legal proceeding '. clearly it is not a proceeding in an ordinary court of ..... the matter of recovery of tax computed by the income-tax officer, their lordships observed as ..... the company to the department and, therefore, he was specifically directed to set apart this amount under section 178 of the income-tax act, 1961 (hereinafter called ' the act '). the official liquidator wrote back to the income-tax officer, vide his letter dated 3rd october, 1968, that such a direction could be issued to him only after obtaining leave of the .....

Tag this Judgment!

Aug 14 1985 (HC)

Commissioner of Income-tax Vs. Ramdeo Samadhi

Court : Rajasthan

Reported in : (1986)50CTR(Raj)61; [1986]160ITR179(Raj); 1985(2)WLN161

..... the said act. economists have defined the term 'income' as consumption plus (or minus) the net increase (or decrease) in value ..... the payer is not a sine qua non of a receipt to become an income. in h.h. maharaj rana hemant singhji v. cit , a contention was raised that the concept of income is that it must be referable to a source capable of yielding some periodical return. it was observed that the income-tax act has adopted a comprehensive basis for taxation inasmuch as all ..... known as shri ramtleoji or descendants of shri ramdeoji. ' 6. it, therefore, dismissed the appeal of the revenue. an application under section 256(1) of the act was filed by the commissioner of income-tax and the aforesaid questions have been referred to us for our opinion.7. we have heard mr. b.r. arora, learned counsel for the revenue, and mr ..... income coming from whatever source is liable to taxation unless such income fell within the exemptions enumerated in .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //