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Judgment Search Results Home > Cases Phrase: income tax act Court: rajasthan Year: 2002 Page 1 of about 329 results (0.023 seconds)

Feb 07 2002 (HC)

H.H. Maharao Brij Singh Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Feb-07-2002

Reported in : 2002(2)WLC391; 2002(5)WLN136

..... can deduct the amount for area found less during joint survey.''your kind attention is also invited to the provisions of section 194-1 of the income tax act, 1961 as amended for compliance as regard recovery of income tax at source and, therefore, the same be deducted while making payment.'5. against aforesaid deduction (ann. 15) the petitioner moved an application (ann. ..... by the collector, kota and the income tax department is not arrayed as party respondent to this writ petition. however, i have heard this writ ..... order, 1949 this palace 'ummed bhawan compound' was declared to be an official residence of ex-ruler of kota. section 10(19a) of the income tax act, as amended by the rulers of indian states (abolition of privileges) act, 1972, reads as under :-'(19a) the annual value of any one palace in occupation of a ruler, being a palace, the annual value ..... the respondents are accordingly overruled.27. as regards deductions towards tds income tax on total amount of recurring compensation paid i.e. rs. 21,49,932/-, exemption is claimed by the assessee (petitioner) by virtue of section 10(19a) of the income tax act, 1961 (for brevity it act), though admittedly such tds income tax amount has already been deposited by challan with the it department .....

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Jul 23 2002 (HC)

Rajasthan Co-operative Dairy Federation Ltd. Vs. Deputy Commissioner o ...

Court : Rajasthan

Decided on : Jul-23-2002

Reported in : [2003]259ITR126(Raj)

..... accounts took place for any fault of the assessee. the assessee had taken due care and tried its level best to comply with the provisions of section 44ab of the income-tax act, 1961. the assessee cannot be punished for the fault of the third party which is required under a statute.13. the assessee was under the obligation to get its accounts ..... requires that if the accounts are got audited under the relevant law before the specified dates that will be the sufficient compliance with the provisions of section 44ab of the income-tax act, 1961. in the case in hand, the accounts are not got audited by the statutory auditor before the specified dates, therefore, this proviso does not in any way help the ..... . these appeals relate to the assessment years 1986-87 and 1988-89. the common issue involved in these appeals is with regard to penalty imposed under section 271b of the income-tax act, 1961, and therefore, the appeals are being decided by this common order.2. the appellant, rajasthan co-operative dairy federation ltd., is a co-operative society governed by the provisions ..... had been caused due to late appointment of the auditor. therefore, penalty should not be levied upon the assessee under section 271b of the income-tax act, 1961.8. he further submits that the proviso to section 44ab of the income-tax act, 1961, provides that if a statutory audit is got completed under any other relevant statute by the society, it shall be the sufficient .....

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Jul 29 2002 (HC)

Commissioner of Income-tax Vs. Rajasthan Mirror Manufacturing Co.

Court : Rajasthan

Decided on : Jul-29-2002

Reported in : [2003]260ITR503(Raj); RLW2003(4)Raj2594

..... the circumstances of the case, the tribunal was right in holding that there was no justification for charging capital gains as well as profit under section 41(2) of the income-tax act, 1961 ?' 2. the assessee is a firm which was carrying on business of manufacture and sale of wind screen glass for automobiles and toughened glass. the business and the factory ..... legally conveyed to him after complying with the requirements of law such as the transfer of property act, registration act, etc. but, in the context of section 22 of the income-tax act, having regard to the ground realities and further having regard to the object of the income-tax act, namely, 'to tax the income', we are of the view, 'owner' is a person who is entitled to receive ..... . podar cement pvt. ltd. : [1997]226itr625(sc) , in our view, both the authorities have committed error for the purpose of taxing income under the scheme of the income-tax act, 1961. the 'owner' is a person who is entitled to receive income from the property in his own right, when the possession has been handed over, the amount has been paid, though the deed is not ..... income from the property in his own right.'10. in the case in hand, the commissioner of income-tax (appeals) as well as the tribunal both have gone with the provisions of .....

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Apr 09 2002 (HC)

Commissioner of Income-tax Vs. Jodhpur Chartered Accountants Society

Court : Rajasthan

Decided on : Apr-09-2002

Reported in : [2002]258ITR548(Raj); 2002(3)WLN553; 2002(3)WLN553

..... within the category denoted by the words 'advancement of any other object of general public utility' appearing in section 2(15) of the income-tax act and as such is not a charitable society. the income-tax appellate tribunal after examining the aims and objects of the society arrived at the conclusion that the objects of the applicant-society do embrace, ..... n.n. mathur, j. 1. this appeal under section 260a of the income-tax act, 1961, is directed against the order dated july 27, 2000, passed by the income-tax appellate tribunal, jodhpur, directing the commissioner of income-tax, jodhpur, to grant registration to the applicant-society under section 12a of the income-tax act, 1961. 2. this appeal has been admitted by the order of this ..... applied liberally, many societies or trusts simply by high sounding words in the objects clause will succeed in getting exemption from tax under section 11 of the income-tax act. learned counsel placed reliance on the decision of the karnataka high court in cit v. bel employees death relief fund and service benefit fund association : [1997]225itr270(kar) , wherein it is ..... as disclosed in its constitution fall within the purview of section 2(15) of the income-tax act so as to entitle the assessee-society to registration under section 12a of the income-tax act ?' 3. the respondent-assessee is a society registered under the rajasthan societies registration act, 1958, in the name of 'jodhpur chartered accountants society, jodhpur'. the assessee's .....

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Nov 14 2002 (HC)

Anantrai Joshi and Co. and ors. Vs. Commissioner of Income-tax and ors ...

Court : Rajasthan

Decided on : Nov-14-2002

Reported in : [2004]265ITR672(Raj)

..... was due to be filed on or before june 30, 1982, as required by the provisions of section 139(1) of the income-tax act, 1961. the return was filed on june 20, 1983, declaring its income at rs. 93,327.65. no explanation was given by the assessee for the late filing of the return. the assessment was ..... period under the provisions of sub-section (1) of section 139 of the income-tax act it were liable to be prosecuted for offence under section 276cc read with section 278b of the income-tax act3. it is not in dispute that the deputy commissioner (cit), jodhpur, has deleted the penalty for the assessment year 1984-85 by order ..... and in the manner required by sub-section (1) of section 139 or by such notice, as the case may be, or' 5. the direct tax laws (amendment) act, 1989, omitted the aforesaid provision with effect from april 1, 1989. it is significant to notice that the omission of a provision results into an abrogation ..... continue. he has placed reliance on a decision of the apex court in general finance co. v. asst. cit : [2002]257itr338(sc) .4. section 271 deals with consequential failure to furnish returns, comply with notices and concealment of income, etc. sub-section (1)(a) as it stood prior to 1989 is extracted as follows :'(a) has ..... failed to furnish the return of total income which he was required to furnish under sub-section (1) of section 139 or by notice given under sub-section (2) of section 139 .....

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Aug 02 2002 (HC)

Commissioner of Income-tax Vs. Mohd. Mohtram Farooqui

Court : Rajasthan

Decided on : Aug-02-2002

Reported in : [2003]259ITR132(Raj)

..... given. in his view, when the income has been shown in the revised return, that has been shown after seizure, therefore, if the cash amount of ..... 1)(c) have been initiated for concealment of income and furnishing inaccurate particulars of income. the case of the assessee was that he disclosed the concealed income voluntarily, i.e., rs. 5,92,340, therefore, no penalty is leviable under section 271(1)(c) of the income-tax act, 1961. he is not satisfied with the explanation ..... to rs. 5,92,340 was seized by the police thana, sikar, from the appellant on april 8, 1992. a panchnama was drawn by the income-tax department on april 9, 1992, and the said cash was requisitioned and taken into possession. consequent to the seizure, the statement of the appellant was ..... for the assessee has not suggested in this case what type of material should be brought on record by the income-tax officer for imposing penalty under section 271(1)(c) of the act of 1961. 17. when the income has been surrendered after seizure, it cannot be said that the assessee has surrendered the ..... lordships in the case of cit v. anwar ali : [1970]76itr696(sc) has undergone a change after insertion of the explanation to section 271(1)(c) reads as under : 'where in respect of any facts material to the computation of the total income of any person under this act,-- (a) such person fails .....

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Feb 22 2002 (HC)

Commissioner of Income-tax Vs. Wolkem (P.) Ltd. Co.

Court : Rajasthan

Decided on : Feb-22-2002

Reported in : [2002]258ITR350(Raj); 2002(3)WLN551; 2002(3)WLN551

..... the revenue, and mr. n.m. ranka, senior advocate, for the assessee.4. the expression 'capital expenditure' is not defined in the income-tax act and the words 'in the nature of capital expenditure' occurring in section 37(1) make the meaning of the expression more elastic in its application ..... mathur, j. 1. this reference application at the instance of the revenue under section 256(2) of the income-tax act, 1961, has been filed seeking direction against the income-tax appellate tribunal, jaipur, for referring the following questions of law for the opinion of this court:'1. whether, ..... not with the assessee. thus, in view of the finding, the tribunal accepted the appeal, set aside the orders of the commissioner of income-tax (appeals) as well as the assessing authority with respect to the additions on these two items. the department filed an application for reference ..... expenditure and as such disallowed the claim. the assessee preferred an appeal to the commissioner of income-tax (appeals) with regard to the different additions made by the assessing officer. the commissioner of income-tax (appeals) rejected the appeal. in second appeal, the tribunal after discussing the case law relied ..... expenditure, on the other hand, is operational in its perspective and solely intended for the furtherance of the enterprise. the madras high court in cit v. ashok leyland ltd. : [1969]72itr137(mad) has observed that this distinction though candid and well accepted, yet is susceptible to modification .....

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Oct 30 2002 (HC)

Wolkem (P.) Ltd. Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Oct-30-2002

Reported in : (2003)180CTR(Raj)382; [2003]259ITR430(Raj); 2003(2)WLN200

..... the said case, the apex court directed the tribunal to make a reference on the question formulated to the high court under section 256(2) of the income-tax act. thus, in a case where there are special features and the matter requires reconsideration, it is open for the high court to call for the question. ..... the same assessee, for the assessment year 1986-87, the court held thatthe refund of excise duty was not in the nature of income under section 41(1) of the income-tax act. it is submitted that the revenue has accepted the said judgment, as such it is not open for them to take a ..... not pertaining to the assessee and it was payable to the central excise department and as such it cannot constitute as an income of the assessee under any provisions of the income-tax act. it is further submitted that part of the amount was due to the different customers and as such it being a ..... steel industries : [1993]199itr67(guj) .. in order to better appreciate the controversy involved, it would be convenient to extract section 41(1) of the income-tax act as follows :'41. (1) where an allowance or deduction has been made in the assessment for any year in respect of loss, expenditure or trading liability ..... a trading receipt in the year of receipt and hence excise duty refund of rs. 1,45,752 was liable to tax in the hands of the assessee under section 41(1) of the income-tax act, 1961 ?'2. the background facts relevant for answering the instant reference, briefly stated are as follows :the assessee- .....

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Feb 22 2002 (HC)

Commissioner of Income-tax Vs. A.R. Enterprises Pvt. Ltd.

Court : Rajasthan

Decided on : Feb-22-2002

Reported in : [2002]255ITR121(Raj); 2002(3)WLN401; 2002(3)WLN401

..... shall also be deemed to be cases where income chargeable to tax has escaped assessment, namely :-- (a) where income chargeable to tax has been underassessed ; or(b) where such income has been assessed at too low a rate ; or(c) where such income has been made the subject of excessive relief under this act or under the indian income-tax act, 1922 (11 of 1922); or(d) ..... n.n. mathur, j.1. these two appeals filed under section 260a of the income-tax act, 1961, (hereinafter referred to as 'the act'), arise out of the common order of the income-tax appellate tribunal dated april 27, 2001. the respondent-assessee, a. r. enterprises private limited, udaipur, is engaged in the business of drilling of tube-wells and construction activities. ..... where excessive loss or depreciation allowance has been computed. explanation 2.--. ....148. issue of notice where income has escaped assessment.--. . .149. time limit for notice.-- (1) no ..... original assessment. accordingly, the appellate commissioner concluded that the notice issued under section 147/148 of the act was not in accordance with the law. accordingly, he cancelled the reassessment order dated october 19, 1995. the revenue preferred an appeal before the income-tax appellate tribunal, which was also dismissed by the impugned judgment dated april 27, 2001.2. assailing .....

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Feb 06 2002 (HC)

Rameshwar Lal Mali Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Feb-06-2002

Reported in : [2002]256ITR536(Raj)

..... of impounded documents, it was found that certain entries were not verified. relying on specific defects, the assessing officer invoked the provisions of section 145(2) of the income-tax act after giving specific opportunity to the appellant. the appellant was confronted with the entire material before the assessing authority. the assessing officer on the basis of the record and ..... name of kishan mishthan bhandar engaged in manufacture and sale of sweets and namkeen. a survey was undertaken under section 133a of the income-tax act of the shop as well as the factory premises by the income-tax authorities on december 5, 1995.the books of account of the appellant were impounded in accordance with the provisions of section 131 ..... with the contention of learned counsel. under the newly added provisions of section 260a of the income-tax act, a second appeal is maintainable under the income-tax act only on a substantial question of law. it is a well settled position of law that a competent income-tax authority can inspect the business premises and record the statements under the provisions of section 133a ..... addition to the trading results declared by the assessee. the assessing authority completed the assessment under section 143(3) of the income-tax act. the appellant preferred an appeal against the order of the assessing authority before the commissioner of income-tax (appeals), bikaner. the appellate commissioner reduced the estimation of sales and also the gross profit to a great extent. .....

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