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Judgment Search Results Home > Cases Phrase: income tax act Page 3 of about 263,804 results (0.387 seconds)

Jan 23 2009 (HC)

Commissioner of Income Tax Vs. Mukul Kumar

Court : Patna

..... of notice nobody has appeared on behalf of the assessee.2. on an application under section 256(2) of the income tax act (the act) as it existed prior to the national tax tribunal act, 2005, this court formulated the question of law and directed the income tax tribunal, patna bench, patna to state the case to this court for its opinion. accordingly the tribunal stated the case ..... of law already noticed above.10. on going through the statement of the case and other relevant materials this court finds that the income tax appellate tribunal set aside the order of the commissioner under section 263 of the act on appreciation of a pure question of fact that the assessing officer had undertaken and held reasonable enquiry by calling for explanations from ..... of provisions of section 263 of the act noticed that royalty amount in the hands of the assessee was on account of gift ..... assessee in the year 1984 the assessee received a royalty income of rs. 1,34,143/- and claimed expenses of rs. 1,05,717/-. the assessing officer allowed the expenses to the extent of 50% of the royalty income and completed the assessment under section 143(3) of the act.4. the commissioner income tax (cit), patna in course of examination of assessments in the light .....

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Jul 04 1977 (HC)

Commissioner of Income-tax Vs. Shyam Sundar Tea Co. Pvt. Ltd.

Court : Guwahati

..... whether, on the facts and in the circumstances of the case, the tribunal was justified in cancelling the penalties imposed by the income-tax officer under section 221(1) of the income-tax act, 1961, relating to the assessment years 1960-61, 1961-62, 1962-63, 1963-64, 1964-65 and 1965-66, against the assessee ..... -64, 1964-65 and 1965-66, in the view that amounts, as assessed, were not recoverable under the provisions of the indian income-tax act, but that they could be recovered only by a suit in civil court; as such no penalty can be imposed either under section 46(7) of ..... not paid to the government account because there was no demand for payment from the income-tax department. the above excuse is thoroughly unconvincing and unacceptable. section 200 of the income-tax act, 1961, casts responsibility on any person deducting tax at source to pay within the prescribed time, the sum so deducted, to the ..... rangarajan, j. 1. the short, but interesting, question that arises for decision in this income-tax reference is whether income-tax due from the assessee which could not be recovered summarily under section 231 of the income-tax act, 1961 (hereinafter called 'the act '), can be recovered by way of penalty. the reference was made ia the following terms : ' ..... for the year 1941-42, was resisted on the ground that it was barred by section 67 of the indian income-tax act, 1922, as well as by limitation. the trial court had negatived both the contentions and decreed the suit. the decision .....

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Aug 19 1996 (HC)

Commissioner of Income-tax Vs. Assam Frontier Tea Ltd.

Court : Guwahati

..... said decision, the calcutta high court had the occasion to deal with the provision of rule 6aa of the rules with reference to section 35b(1)(b)(iv) of the income-tax act, 1961, which provides that weighted deduction will be allowed also on such other activities for the promotion of the sale outside india of such goods, services or facilities as may ..... . usha telehoist ltd. : [1995]212itr177(cal) . in the said decision the calcutta high court held as under (headnote) : ' sub-clause (iv) of section 35b(1)(b) of the income-tax act, 1961, permits a deduction in respect of expenditure incurred wholly and exclusively on maintenance outside india of a branch, office or agency. agency is an expression of which the content ..... d.n. baruah, j. 1. in this reference under section 256(1) of the income-tax act, 1961 (for short 'the act'), the following three questionshave been referred by the income-tax appellate tribunal for the opinion of this court : '1. whether the tribunal did not err in facts as well as in law in holding that rule 6aa which was made ..... tribunal (for short 'the tribunal'). the tribunal by order dated august 20, 1991, sustained the order of the commissioner of income-tax (appeals) holding that the appellant was entitled to the benefit of deduction under section 35b(1)(b)(iv) of the act. that apart, the tribunal also considered the benefit of rule 6aa of the rules which came into effect from august .....

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Mar 16 2000 (HC)

Eveready Industries India Ltd. Vs. Joint Commissioner of Income-tax (A ...

Court : Guwahati

..... -disclosure as regards any 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 notice under section 34 of the indian income-tax act, 1922, and whether these grounds are adequate or not, is not a matter for the court to investigate. he also cited the decision of this ..... the materials disclosed by the assessee. he cited the decision of the supreme court in kalyanji mavji and co. v. cit : [1976]102itr287(sc) , in which the supreme court while interpreting section 34 of the indian income-tax act, 1922, held that the income-tax officer would have jurisdiction to reopen the original assessment even on the basis of information derived from an external source of ..... . this position of law would be clear from a bare reading of section 147 and the proviso thereto. he explained that similar provisions existed in section 34 of the indian income-tax act, 1922, and in calcutta discount co. ltd. v. ito : [1961]41itr191(sc) , the supreme court held that to confer jurisdiction under section 34 of the indian ..... income-tax act, 1922,'to issue notice in respect of the assessment beyond the period of four years, but within a period of eight years, from the end of the relevant assessment year, .....

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Nov 16 1998 (HC)

Metallurgical and Engineering Consultant (India) Ltd. Vs. Commissioner ...

Court : Patna

..... that decision venka-taramaiah j., as his lordship then was, examined in detail the terms and conditions of a similar collaboration agreement, the relevant provisions of the income-tax act, 1961, and the decisions of the supreme court includ-ing those in carborandum co.'s case : [1977]108itr335(sc) and performing right society limited's case ..... also but those were not the subject of dispute before the court. on examining the provisions contained in section 5(2) and section 9 of the income-tax act, 1961, this court found and held as follows (page 605) : 'taking into consideration the different clauses of the agreement and the findings recorded ..... and against the assessee-company. the supreme court examined these facts in the light of section 4(1)(c) read with section 42 of the indian income-tax act, 1922 and held as follows (page 344) : 'the high court was wrong in its view that activities of the foreign personnel lent or ..... collaboration agreement did accrue or arise in india to the non-resident company within the scope of the provisions of section 5(2)(b) of the income-tax act, 1961.' (emphasis' added) in arriving at its finding on the basis of the reason assigned by it, the tribunal solely relied upon a ..... the assessment years 1975-76 to 1980-81, a common question of law has been referred to this court by the income-tax appellate tribunal under section 256(2) of the income-tax act, 1961, on a direction given by the supreme court at the instance of the assessee. the question of law on .....

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May 16 1997 (HC)

Ram Krit Singh Vs. Commissioner of Income-tax and ors.

Court : Patna

..... that although the petitioner made the required deductions but failed to submit the requisite return within time, and as such committed an offence punishable under section 276b of the income-tax act.3. i have heard learned counsel for the parties and have perused the records.4. the orders under challenge cannot be sustained for the reason that no sanction for ..... offences), muzaffarpur, whereby he took cognizance against the petitioner of an offence under section 276b of the income-tax act and also order dated march 27, 1992, passed by the commissioner of income-tax, patna--opposite party no. 1, under section 279(1) of the income-tax act, whereby he sanctioned the filing of the complaint against the petitioner.2. the allegations against the petitioner ..... are that while posted as treasury officer, munger, he was required under section 192 to make deductions of income-tax while paying salaries to the government ..... section 197 of the code has been obtained in this case. in the absence of the aforesaid sanction under section 197 of the code, neither could the commissioner of income-tax have sanctioned the launching of the prosecution nor the special court could have taken cognizance of the offence alleged against the petitioner.6. in the result, the petition .....

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Dec 10 2002 (HC)

Union of India (Uoi) Vs. Sharad Kumar

Court : Patna

..... failure by the assessee accused to comply with the notice under section 158bc read with section 158bd and under section 142(1) of the income-tax act, the assessment under section 144 of the income-tax act was made and the amount of tax payable by the firm was determined at rs. 2,42,31,471. the further case of the petitioner is that during the assessment ..... partners but no response was received from them, and complaint case was instituted for the offence against the firm and its partners under sections 276c, 277 and 278 of the income-tax act on december 24, 1999 (annexure 1). the prayer of the opposite party for regular bail was rejected by the second additional sessions judge, patna, on march 28, 2001 (annexure 2 ..... . according to the case of the petitioner, the opposite party is one of the partners of birsa live stock feeds and additives and a search under section 132 of the income-tax act, 1961, was conducted in the case of sanwin pharmaceu-ticals and during such search some documents pertaining to the assessee were seized and notices were sent to all the partners ..... assessments in the case of the opposite party were made protectively under the provisions of section 158bc of the income-tax act and the same were made substantively in the hands of dr, gauri shankar prasad and the scheme of protective assessment only authorises the income-tax authority to make a parallel assessment only to safeguard the interest of the revenue until a final finding .....

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Apr 01 1999 (HC)

B.R. Metal Ltd. and ors. Vs. Commissioner of Income-tax and ors.

Court : Guwahati

..... . this writ petition has been filed by the petitioners for setting aside/quashing the warrant of authorisation dated september 17, 1998, under section 132a(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), including the panchanama prepared by the respondent-revenue authority and also for a direction to release rs. 50,00,000 (rupees fifty lakhs) and other documents requisitioned ..... any other law for the time being in force, or ... (c) any assets represent either wholly or partly income or property which has not been, or would not have been, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act by any person from whose possession or control such assets have been taken into custody by any officer ..... summons under sub-section (1) of section 37 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be produced, any books ..... has not been or would not have been disclosed for the purpose of the income-tax act, 1961, and that on the basis of this, the commissioner of income-tax, guwahati has directed to issue warrants under section 132a(1) of the act to requisition the said amount from the officer-in-charge of the police station. mr, joshi in support of his submission relied on .....

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Jun 03 1996 (HC)

Commissioner of Income-tax Vs. Kamala Tea and Industries Ltd.

Court : Guwahati

..... within the time as prescribed under section 139(1) of the income-tax act ?'2. the assessee, a company carrying on business in tea, submitted its return for the assessment year 1984 ..... d.n. baruah, j.1. at the instance of the revenue, the following question has been referred by the income-tax appellate tribunal under section 256(1) of the income-tax act, 1961 (for short, the act), for opinion of this court ;' whether under the facts and circumstances of the case, the tribunal did not ..... the time as prescribed under section 139(1) of the act. the assessee preferred an appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) allowed the carry forward of determined loss. against the order of the commissioner of income-tax (appeals), the revenue preferred an appeal before the tribunal. ..... err in facts as well as in law in allowing the carry forward of loss for the assessment year 1984-85 even though the assessee did not file its return of income ..... copy of this judgmentunder the signature of the registrar and the seal of the high court shall be transmitted to the income-tax appellate tribunal.6. in the facts and circumstances of the case, there will be no direction as to costs.s.b. roy, j.7 .....

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Jun 07 1996 (HC)

Commissioner of Income-tax Vs. Assam Tribune

Court : Guwahati

..... the books of account of the payee then no disallowance is to be made under section 40a(3) of the income-tax act ?' 2. the respondent is an assessee under the act. during the course of assessment proceeding, the assessing officer observed that the assessee made entries of cash payment exceeding rs ..... the tribunal under section 256(1) of the income-tax act, 1961 (for short, 'the act'), for opinion of this court : '(1) whether, under the facts and in the circumstances of the case, the tribunal was justified in upholding the decision of the commissioner of income-tax (appeals) who deleted the disallowance of rs ..... on the facts of each case. dr. saraf further submits that the tribunal committed manifest error in giving a direction to the commissioner of income-tax (appeals) to verify the contents of the confirmatory letters and books of account and grant further relief. 5. mr. r.k. joshi disputes ..... . 6,36,979.33 made under section 40a(3) of the act ? (2) whether, under the facts and in the circumstances of the case, the tribunal ..... section 40a(3) of the act. the assessing officer, accordingly, disallowed a sum of rs. 9,04,553. being aggrieved, the assessee took up the matter by way of appeal before the commissioner of income-tax (appeals). during pendency of the appeal before the commissioner of income-tax (appeals), the assessee could .....

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