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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: allahabad Year: 1999 Page 1 of about 217 results (0.025 seconds)

Feb 10 1999 (HC)

Sri Onkar Nath Mahendra Vs. Commissioner of Income-tax and anr.

Court : Allahabad

Decided on : Feb-10-1999

Reported in : (1999)156CTR(All)188; [1999]237ITR792(All)

..... , and has held that the demand raised in the order dated january 27, 1979, was declared nil by the order dated november 17, 1979, passed under section 154 of the income-tax act. as such, according to the petitioner, the assessee is entitled to the refund under the provisions of section 214.5. looking at the provisions of section 214 of the ..... commissioner waiving the interest payable by the father was on the ground that the father had made payment of advance tax prior to the issue of notice under section 210 of the income-tax act and not on the ground that the assessed income and tax entries due to inclusion of share income of minor not because there was any concealment in the assessment of the taxable ..... the father and he was assessed accordingly. in the mean-time, however, the petitioner-assessee had deposited the advance tax under the provisions of section 210 read with section 211 of the income-tax act.2. the petitioner now contends that since the petitioner's assessment was made by an order dated november 17, 1979, the petitioner was entitled to refund of the advance ..... his share in the partnership firm. his father was also a partner in the said firm. by the taxation laws (amendment) act, 1975, by its section 13 of the amending act made effective from april 1, 1976, provisions of section 64(3) were inserted in the income-tax act, 1961. the said provision provided that if a minor is admitted to the benefits of partnership .....

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Feb 24 1999 (HC)

Pandit Govind Prasad Mishra Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Feb-24-1999

Reported in : [1999]238ITR338(All); [2000]109TAXMAN160(All)

..... :'whether, on the facts and in the circumstances of the case, the tribunal was justified in law in upholding the imposition of penalty under section 271(1)(c) of the income-tax act, 1961, in respect of both the years under reference ?'2. the facts of this case in a nutshell are that the assessee is an individual and was assessed for the ..... in respect of both the trucks were upheld by the tribunal.3. during the course of assessment proceedings, the income-tax officer initiated proceedings under section 274/271(1)(c) of the income-tax act, 1961 (hereinafter referred to as 'the act'), and issued notices to the assessee to show cause as to why penalty should not be imposed on him under section 271(1)(c ..... by learned counsel for the assessee and the revenue. in order to appreciate the submissions of the parties, we set out the provisions of section 271(1)(c) of the income-tax act, 1961, which reads as follows :'271. (1) if the income-tax officer or the appellate assistant commissioner or the commissioner (appeals) in the course of any proceeding's under this ..... , no penalty proceedings could be initiated.7. learned counsel for the applicant has cited a decision reported in cit v. anwar ali : [1970]76itr696(sc) , wherein the supreme court has been pleased to hold that the proceedings under section 28 of the indian income-tax act, 1922, are penal in character. the gist of the offence under section 28(1)(c) is that the .....

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Feb 26 1999 (HC)

Kundan Lal Ratan Lal JaIn Vs. Assessing Officer

Court : Allahabad

Decided on : Feb-26-1999

Reported in : [2000]245ITR434(All)

..... notices under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the assessment years 1989-90,1990-91,1991-92 and 1992-93, respectively. the original assessments for all the years were duly completed under section 143(3) of the act in which the assessee had shown substantial amounts of income as agricultural income from land taken on lease. in ..... by account payee cheques and have been accepted in the original assessment the case cannot be reopened under section 148 of the act on the basis of subsequent inquiries. the judgment shows that the loan creditors had given their income-tax numbers, repayments were made by account payee drafts, interest was paid from time to time by account payee cheques/drafts and ..... notices issued to the petitioner mention that the notices have been issued after obtaining necessary satisfaction of the commissioner of income-tax. therefore, prima facie, this plea has no substance.6. in respect of a notice under section 148 of the act, the petitioner has the opportunity of contesting the validity of the same in the assessment proceedings and thereafter in the ..... denied having lent any money to the petitioner. on the basis of these investigations, the assessing officer issued notices under section 148 of the act as he had reason to believe that the income chargeable to tax had escaped assessment. it is contended that the matter was investigated during the assessment proceedings and there was no cause for reopening the assessments. .....

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Mar 11 1999 (HC)

Commissioner of Income-tax Vs. Laxmi Devi Sugar Mills Pvt. Ltd.

Court : Allahabad

Decided on : Mar-11-1999

Reported in : [2000]241ITR131(All); [2001]117TAXMAN702(All)

..... , it was allowable as deduction under the income-tax act, 1961 ?'2. the said question is stated to arise from the tribunal's order dated january 9, 1981, in i ..... law. in the case before us, the interest is not paid on the amount of any tax but is paid for delay in the payment of purchase price of raw material, i.e., sugarcane and is clearly an expenditure allowable under section 37 of the income-tax act, 1961. we, therefore, answer the aforesaid question in the affirmative, i.e., against the commissioner of ..... of law for opinion of this court under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, was the tribunal legally correct in holding that the interest paid under section 17(3) of the sugarcane (regulation of supply and purchase) act, 1958, was not penal in nature for infringement of law and, therefore ..... . t. a. no. 866 (all) of 1980 for the assessment year 1978-79.3. the list has been revised. none appears for the assessee-respondent.4. we have heard shri a.n. mahajan, learned standing counsel for the commissioner of income-tax .....

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Mar 15 1999 (HC)

Smt. Shobha Sengar Vs. Commissioner of Income-tax and anr.

Court : Allahabad

Decided on : Mar-15-1999

Reported in : [2000]244ITR10(All); [1999]105TAXMAN142(All)

..... search and seizure operation against her, the same has to be dealt with in terms of the provisions of section 132(5) and section 132b of the income-tax act, 1961 (hereinafter referred to as 'the act'), and that since the dues assessed on the petitioner had already been cleared the property had to be returned to her and their retention by the respondents ..... the best of his judgment on the basis of such materials as are available with him ;(ii) calculating the amount of tax on the income so estimated in accordance with the provisions of the indian income-tax act, 1922 (11 of 1922). or this act ;(iia) determining the amount of interest payable and the amount of penalty imposable in accordance with the provisions of the indian ..... income-tax act, 1922 (11 of 1922), or this act, as if the order had been the order of regular assessment ;(iii) specifying the amount that will be ..... required to satisfy any existing liability under this act and any one or more of the acts specified in clause (a) of sub-section (1) of section .....

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Mar 15 1999 (HC)

Commissioner of Income-tax Vs. Modinagar Paper Mills Ltd.

Court : Allahabad

Decided on : Mar-15-1999

Reported in : (1999)155CTR(All)105; [2000]245ITR652(All)

..... out. thus, the question of law does not arise out of the tribunal's order.application :also to current assessment year.dt. ord.: 15-3-1999decision:in favour of assesseeincome tax act 1961 s.256(2) reference--mixed question of law and fact--depreciation--plantratio: the question whether foundation for installation of plant, machinery and water storage tank will constitute plant or ..... of the business then it cannot be regarded as a plant.application: also to current assessment year.a.y.: 1982-83dt. ord.: 15-3-1999 decision:in favour of revenueincome tax act 1961 s.256(2)

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Mar 15 1999 (HC)

Devraj Anand Ceramice (P.) Ltd. Vs. Commissioner of Income Tax

Court : Allahabad

Decided on : Mar-15-1999

Reported in : [2000]111TAXMAN724(All)

..... 2) of the income tax act, 1961, seeking a direction to the tribunal, new delhi, to draw up a statement of case and to refer the following questions of law for opinion to this court:'1. whether, on proper interpretation/ construction of the provisions of section 254(2) of the act and the misc. ..... reserved such telescoping 3. whether, the tribunal was legally justified in ignoring the judgments of the sales-tax authorities by which the turnover declared by the assessee stood accepted by holding that different considerations weigh in income-tax matters ?4. whether, the tribunal was legally justified in holding on mere suspicion, conjectures and ..... assessee in m.a. no. 63 (delhi) of 1995 filed by the assessee or in the alternative to direct the assessing officer to compute correct income of the assessee2. the tribunal, delhi, vide order dated 23-12-1994, had partly allowed the appeal filed by the assessee-applicant. while upholding ..... the facts and in the circumstances of the case, the tribunal being final fact-finding body was not obliged to compute the correct and real income of the assessee even on the basis of its own findings recorded in its order dated 23-12-1994 as also placed before it by the ..... from sheet coal depot as also the amount paid towards freight and fake deposits. the applicant filed an application under section 254(2) of the act, seeking rectification of the tribunal's order. the tribunal vide order dated 29-9-1995 had rejected the said application on the ground that .....

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Mar 23 1999 (HC)

Commissioner of Income-tax Vs. Banaras Brass Merchant and Manufacturer ...

Court : Allahabad

Decided on : Mar-23-1999

Reported in : [2000]241ITR70(All); [2001]117TAXMAN568(All)

..... the main object of the company was to promote and protect trade, commerce and industry of the mercantile community. the assessee claimed exemption under section 11(1)(a) of the income-tax act, 1961. the tribunal on consideration of the aforesaid objects of the assessee-company was pleased to hold that the activities carried on by the assessee-company were of general public ..... utility and as such, the assessee was entitled to exemption under section 11(1)(a) of the act. the tribunal further held that the objects of the assessee are for general public utility and did not involve the carrying on of any activities for profit and the office ..... charitable institution of banaras brass merchant and manufacturers association, varanasi. they derive their income from donations, selling and manufacturing of the products produced by their members. the assessee-company was incorporated as a limited company in 1961. prior to that it was a society registered under the societies registration act, 1960. the main objects of the institution are as under : (a) to .....

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Apr 07 1999 (HC)

Sanjay Engineering Corporation Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Apr-07-1999

Reported in : (2000)162CTR(All)195; [2000]244ITR58(All)

..... limitation for completing the assessment of the assessment year 1972-73, in the normal course, expired on march 31, 1975, in accordance with the provisions of section 153 of the income-tax act, 1961. the assessing' officer completed the assessment under section 144 of the act on january 18, 1975. this assessment was, however, reopened on march 31, 1975, under section 146 of the ..... tribunal has referred the following question of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that it would not be correct ..... march 51, 1977, in the normal course. however, in view of the fact that the proposed addition was more than rs. 1 lakh, the income-tax officer had to comply with the provisions of section 144b of the act. clause (iv) of explanation 1 to section 153 excludes the period not exceeding 180 days commencing from the date on which the assessing officer ..... or before march 31, 1977. however, as the addition in the case of the assessee was of more than rs. 1 lakh, the income-tax officer framed a draft assessment order in terms of section 144b of the act and forwarded the said draft assessment to the applicant along with the forwarding letter dated february 28, 1977. the said letter, was, however, registered .....

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Apr 12 1999 (HC)

Assistant Commissioner of Income Tax Vs. U. P. National Manufacturing ...

Court : Allahabad

Decided on : Apr-12-1999

Reported in : (2001)69TTJ(All)503

..... income tax act. accordingly, a show-cause notice under section 271c of the income tax act was issued by the undersigned on 28-12-1992, which was duly served on 30-12-1992, fixing the date of hearing on 12-1 ..... 201the order of the deputy commissioner in case of first respondent is in the following terms :'3. since the person responsible deliberately violated the provisions of section 194h of the income tax act for which he could not give and satisfactory reply, the assistant commissioner (tds), varanasi, referred this case to the undersigned for the imposition of penalty under section 271c of the ..... -1992 (copy placed at p. 58 of the assessee's paper-book), which reads as under :'the assistant commissioner (tds) varanasi.filing of annual return under section 206c of the income tax act, 1961, for the financial year 1991-92.sir,we write with reference to your letter no. tds/annual/1991-92 dated 18-8-1992, served on 3-9-1992, we ..... the revenue of 3 different appellants of the same group relates to the imposition of penalties under section 271c of the income tax act for failure to deduct and pay the tax at source as required by the provisions of section 194h of the income tax act. for the sake of convenience, we proceed to decide these appeals by this consolidated order. the common ground, except the .....

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