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Judgment Search Results Home > Cases Phrase: income tax act Court: rajasthan Year: 1978 Page 1 of about 19 results (0.025 seconds)

Jan 23 1978 (HC)

Commissioner of Income-tax Vs. Smt. Satnam Malik

Court : Rajasthan

Decided on : Jan-23-1978

Reported in : [1979]120ITR309(Raj); 1978WLN(UC)24

..... the court the following question for its opinion, namely :' whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in cancelling the penalty of rs. 15,500 levied by the inspecting assistant commissioner under section 271(1)(c) of the income-tax act, 1961, for concealment of income '10. there shall be no order as to costs. ..... a.p. sen, actg. c.j.1. this is an application under section 256(2) of the i.t. act, 1961, by the cit, jodhpur at jaipur, for requiring the income-tax appellate tribunal, jaipur bench, jaipur, to state a case and refer to the court, a certain question of law said to arise from its order in i.t.a. no. ..... to do and, therefore, a question of law clearly arises : omar salay mohamed sait v. cit : [1959]37itr151(sc) and lalchand bhagat ambica ram v. cit : [1959]37itr288(sc) .9. the application under section 256(2) of the i.t. act, 1961, is, therefore, allowed and the income-tax appellate tribunal, jaipur, is directed to draw up the statement of the case and refer to ..... determined by the ito was rs. 67,960. however, the income-tax appellate tribunal determined the income at rs. 42,591. the amount assessed included amongst others income from plying of truck no. rjy 1600 and profits on sale thereof under section 41(2) of the i.t. act, 1961, which the assessee had failed to disclose in the return filed by her. the order .....

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Dec 22 1978 (HC)

Rajputana Mining Agencies and Ors. Vs. Income-tax Officer, 'A' Ward

Court : Rajasthan

Decided on : Dec-22-1978

Reported in : (1979)10CTR(Raj)127; [1979]118ITR585(Raj)

..... for the year 1957-58 made on 6-9-62 requires to be modified as there is mistake apparent from record within the meaning of section 35 of the indian income-tax act. the rectification of the mistake, as per details given below, will have the effect of enhancing the assessment/ reducing refund by rs. 12,942 and if you wish to be ..... by the petitioners from the company and that under the provisions of sub-section (9) of section 35 of the act a recomputation of the income of the petitioners should be made by taking into consideration the income-tax payable by the petitioners on the income received by them from the company by way of dividends. although the word 'satisfaction' has not been used in ..... respect of such dividend, shall be deemed to have been wrongly computed ; and the income-tax officer may, notwithstanding anything contained in this act, proceed torecompute such amount by reducing it in the same proportion as the amount of income-tax remaining unpaid by the company bears to the amount of income-tax payable by it on such profits and gains, as if the re-computation is ..... from the record and should be rectified under the provisions of section 35 of the act. he, therefore, recomputed the total income of each one of the petitioners for the relevant assessment years for the purpose of levying income-tax, super-tax, surcharge, etc., by including therein the amount of dividend income received by the petitioners from the company in respect of their shares and also .....

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Feb 22 1978 (HC)

Commissioner of Income-tax Vs. Goswami Smt. Chandralata Bahuji

Court : Rajasthan

Decided on : Feb-22-1978

Reported in : [1980]125ITR700(Raj)

..... for its opinion, namely : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in cancelling the penalty levied by the income-tax appellate commissioner under section 271(1)(c) of the income-tax act, 1961, read with the explanation thereunder ' 2. the facts giving rise to these reference applications, in brief, are as follows: the assessee is the wife ..... ruled that a penalty cannot be levied solely on the basis of the reasons given in the order of assessment. in kanga and palkhivala's, the law and practice of income tax, 7th edn., vol. 1, p. 1212, the learned authors, observe: 'there are two ways of approaching this question, both of which converge on the same conclusion : (a) as is established ..... . sen, actg. c.j. 1. by these applications under section 256(2) of the i.t. act, 1961, the commissioner of income-tax, rajasthan ii, requires the tribunal, ahmedabad bench ' a ', to refer a certain question of law said to arise out of its consolidated order in income-tax appeals nos. 321 to 323/jp of 1971-72, dated november 24, 1973, pertaining to the ..... explanation to section 271(1)(c), which reads as follows :'271. (1) if the income-tax officer or the appellate assistant commissioner in the course of any proceedings under this act, is satisfied that any person--...... (c) has concealed the particulars of his income or furnished inaccurate particulars of such income, he may direct that such person shall pay by way of penalty,--...... explanation.--where .....

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Sep 25 1978 (HC)

Commissioner of Income-tax Vs. Chandi Prasad Khetan

Court : Rajasthan

Decided on : Sep-25-1978

Reported in : [1979]120ITR314(Raj)

..... the tribunal by its order dated february 25, 1972, whereby the tribunal dismissed the second appeal of the assessee.4. the inspecting assistant commissioner, hereinafter called the iac of income-tax, bikaner range, bikaner, by his order dated august 24, 1972, imposed a penalty of rs. 24,463 on the assessee under section 271(1)(c) read with ..... .1. by this application under section 256(2) of the i.t. act, 1961, hereinafter referred to as the act, the commissioner of income-tax, rajasthan, prays that the tribunal be directed to state the case and refer to this court the following question, which according to the cit is a question of law arising out of the order of the tribunal :' ..... . act, 1922, made two additions of rs. 1,00,000 and rs. 75,000 in the income of the assessee, shri chandi prasad, for the assessment year 1947-48, these ..... the penalty imposed by the iac under section 271(1)(c) read with section 274 of the i.t. act, 1961 '2. the relevant facts which need to be noticed for disposing of this application may be stated as follows :3. the income-tax officer, hereinafter called the ito, after giving notice under section 34 of the indian i t ..... of the case, the tribunal was justified in cancelling the penalty imposed by the iac under section 271(1)(c) read with section 274 of the income-tax act, 1961 ' .....

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Sep 12 1978 (HC)

Fakhri Automobiles Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Sep-12-1978

Reported in : (1979)9CTR(Raj)192; [1980]126ITR417(Raj)

..... that the payment of rs. 14,026 recorded on july 4, 1970, constituted only one payment so as to attract the provisions of sec. 40a(3) of the income-tax act, 1961 ? 5. whether the income-tax appellate tribunal was correct in holding that the purchases of diesel worth rs. 14,026 recorded on july 4, 1970, was ' an expenditure ' within the meaning of sec ..... on the following question :' whether the amount spent by the assessee in purchasing goods for the purpose of resale is expenditure within the meaning of section 40a(3) of the 'income-tax act, 196) ?'27. as a result of the foregoing discussion, in our opinion, questions nos. 1, 2 and 5 arc questions of law in respect of which the tribunal is required ..... fact merely because it is itself an inference from other basic facts; but a finding on a question of fact is open to attack under section 66 of the indian income-tax act, 1922, as erroneous in law when there is no evidence to support it or if it is perverse or has been reached without due consideration of the several matters relevant ..... . 40a(3) of the income-tax act, 1961 ' 5. the learned tribunal, after hearing both the parties, rejected the application on february 14, 1975. hence, the applicant-firm has presented this application under section 256(2) of .....

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Oct 17 1978 (HC)

Suraj Mal Sharma Vs. Commissioner of Income-tax (ii)

Court : Rajasthan

Decided on : Oct-17-1978

Reported in : [1980]123ITR529(Raj)

..... its order dated july 30, 1974, on the assessee's application dated may, 17, 1974, filed under section 254(2) of the income-tax act, as giving assessee's own working of unexplained amount of rs. 27,000 and in using it as a basis for justifying the aac's estimate of ..... order of the tribunal dated july 30, 1974 :' whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in maintaining the estimate of the income of the assessee during the relevant assessment year 1969-70, at rs, 25,000, even after reducing a sum of rs. ..... to bring out clearly the facts and circumstances of the case.7. we, therefore, allow this application and call upon the income-tax appellate tribunal, jaipur bench, jaipur, to state the case and refer the above question of law arising out of its order to this court for adjudication. ..... dwarka prasad, j.1. this is an application under section 256(2) of the i,t. act, 1961, presented in this court by the assessee, surajmal sharma, for directing the income-tax appellate tribunal, jaipur bench, jaipur (hereinafter referred to as 'the tribunal') to state the case and refer three questions arising out ..... savings from the one taken by the aac. after considering all the aforesaid circumstances, the tribunal should have arrived at some conclusion regarding the estimated total income of the assessee during the accounting year relatable to the assessment year 1969-70. we are, therefore, inclined to hold that the following substantial question .....

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Feb 22 1978 (HC)

Commissioner of Income-tax Vs. H.H. Birad Kanwarji

Court : Rajasthan

Decided on : Feb-22-1978

Reported in : [1979]119ITR96(Raj)

..... of rs. 60,000 received by the assessee from her son, h. h. maharana bhagwat singhji of udaipur, out of the privy purse was not liable to income-tax under section 10(19) of the income-tax act, 1961 ?'6. in declining to make a reference, the appellate tribunal observed :''in our view, the question sought to be raised by the ..... not challenged the alternative ground that the allowance received by the assessee would be allowable under section 10(2) of the income-tax act, 1961, the question sought to be raised by the revenue becomes of an academic nature. it would have been a different matter if the revenue would have ..... of rs. 60,000 received by the assessee from her son, h. h. maharana bhagwat singhji of udaipur, out of the privy purse was not liable to income-tax under the income-tax act, 1961 ?'12. there shall be no order as to costs. ..... by him. the assessee claimed before the ito that the amount of rs. 60,000 received by her as hat kharch allowance is exempt from income-tax, as under section 10(19) of the i.t. act, 1961, any amount received by the ruler of an indian state as privy purse under art. 291 of the constitution was exempt from ..... these are three applications under section 256(2) of the i.t. act, 1961, by the cit, jodhpur at jaipur, for requiring the income-tax appellate tribunal, bombay bench ' a ', to refer certain question of law said to arise out of its consolidated order dated january 1, 1975, in income-tax appeals nos. 522 of 1972-73, 949 and 950 of 1971-72pertaining to .....

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Jan 25 1978 (HC)

Rajasthan Felts Manufacturing Co. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jan-25-1978

Reported in : [1980]45STC274(Raj)

..... list of exempted goods from sales tax provided in the central sales tax act and the rajasthan sales tax act.10. the scheme of section 34 of the indian income-tax act, 1922, which is analogous to section 147 of the income-tax act, 1961, is entirely different. under section 34 of the indian income-tax act, 1922, the income-tax officer should have reason to believe that the income chargeable to tax has escaped assess-ment for ..... , etc. the words 'reason to believe' impose a condition to the exercise of the power to make reassessment under section 34 of the indian income-tax act, 1922. unlike section 34 of the indian income-tax act, section 12(1) of the rajasthan act uses the words 'if for any reason, the whole or any part of the business of a dealer has escaped assessment to the ..... a writ of mandamus, quashing and setting aside the notice issued by the income-tax officer under section 148 of the income-tax act was set aside, and it was observed that the income-tax officer, in the circumstances of that case, was entitled to reopen the assessment under section 147(b) of the income-tax act.15. in assistant controller of estate duty, hyderabad v. mir osman ali khan ..... .n. (u.c.) 459, presided over by the present chief justice, held that the words 'any reason' appearing in section 12(1) of the rajasthan act are of wide import and the scheme of the indian income-tax act is entirely different. in state bank of india v. shri n. sundara money a.i.r. 1976 s.c. 1111, the words 'any reason' appearing .....

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Jan 25 1978 (HC)

Rajasthan Felts Manufacturing Company Vs. the State of Rajasthan and o ...

Court : Rajasthan

Decided on : Jan-25-1978

Reported in : 1978(11)WLN76

..... the list of exempted goods from sales-tax provided in the central sales-tax act and the rajasthan sales tax act.8. the scheme of section 34 of the income tax act which is analogous to section 147 of the income-tax act, 1961, is entirely different. under section 34 of the income-tax act, 1922, the income-tax officer could have reason to believe that the income chargeable to tax has escaped assessment for the relevant year ..... a rate etc the words 'reason to believe' impose a condition to the exercise of the power to make re-assessment under section 34 of the income-tax act, 1922- unlike suction 34 of he income tax act, section 12(1) of the rajasthan act uses the words if for any reason, the whole or any part of any business of the dealer has escaped assessment to ..... of writ of mandamus, quashing and setting aside the notice issued by the income-tax officer under section 148 of the income-tax act, was set aside, and it was observed that the income-tax officer, in the circumstances of that case, was entitled to reopen the assessment under section 147(b) of the income-tax act.11. in assistant controller of estate duty hyderabed v. mir osman ali khan ..... , jodhpur 1976 wln 459, presided over by the present chief justice, held that the words 'any reason' appearing in section 12(1) of the rajasthan act are of wide import and the scheme of the income-tax act is entirely different. in state bank of india v. shri n. sundra maney a.i.r. 1977 sc 1111, the words 'any reason' appearing in section .....

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Nov 10 1978 (HC)

Ranu Bros. Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Nov-10-1978

Reported in : (1979)10CTR(Raj)140; [1979]117ITR468(Raj)

..... surmises or suspicions'.'11. the tribunal has observed : 'the learned counsel for the assessee conceded before us that the facts stated in the order of the income-tax officer are not in dispute.' 12. thereafter the tribunal has arrived at the conclusion that no contract was taken in the name of the so-called ..... application under section 185 of the i.t. act for registration of a partnership firm consisting of shri r.k. bhargava, shri raja ram and shri ..... that the order of the tribunal is vitiated by any of the defects adverted to in dhirajlal girdharilal v. commissioner of income-tax : [1954]26itr736(sc) or omar salay mohamed sail v. commissioner of income-tax : [1959]37itr151(sc) . we must make it clear that we do not think that those decisions require that the ..... to matters under section 256(2) of the i.t. act, 1961, for the assessment years 1969-70, 1970-71 and 1971-72 and the points arising in all the above cases are almost identical. 2. briefly stated the facts of the income-tax case no. 199/1975 are that the petitioner moved an ..... , held that it was not a case of genuine partnership. learned counsel appearing for the petitioner has vehemently contended that section 4 of the partnership act defines partnership and section 6 determines that in holding whether a group of persons is or is not a firm, regard shall be had to the .....

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