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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: income tax appellate tribunal itat west bengal Page 1 of about 58 results (0.158 seconds)

Jun 09 1994 (TRI)

Jaldacca Tea Plantations Private Vs. State of West Bengal and ors.

Court : Income Tax Appellate Tribunal ITAT West Bengal

..... such assessment, even in a case where no order of assessment has been made under the indian income-tax act.section 21 prescribes various authorities for the purpose of agricultural income-tax. the west bengal agricultural income-tax officers, mentioned in section 21(c) have been empowered to exercise the powers conferred and perform the ..... judicial member, shri s.n. mukherjee, i am unable to agree that the first proviso to section 34(1) of the bengal agricultural income-tax act, 1944 ("the act", for short), is not violative of article 14 of the constitution, for reasons as discussed below. since the facts of the case as ..... constitution.37. in view of the foregoing, the application is allowed. the first proviso to sub-section (1) of section 34 of the bengal agricultural income-tax act, 1944, is declared to be ultra vires article 14 of the constitution of india and is, accordingly, struck down. the order dated december 17, ..... b. shanthi v. assistant director of inspection [1992] 197 itr 330 (mad) related to the question as to whether section 269ss of the income-tax act, 1961, under which a borrower was to be under an obligation to take a loan by an account payee cheque or account payee bank draft ..... , going to show that the representatives of the applicants stated at the time of hearing before respondent no. 4 that the assessment under the income-tax act, 1961, was under process for the assessment year 1985-86. it is alleged that on hearing such statements, respondent no. 4 caused enquiry .....

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Mar 29 1996 (TRI)

Woodcraft Products Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT West Bengal

..... of life it will not be possible to say that such objects or purposes are of religious nature in the sense the word "religion"or "religious" are used in the income-tax act.moreover, explanation 3, in our view, does not cover a case of an object which is of a religious nature in the technical sense. it will cover a case only ..... seeing the extent to which the expression "charitable purpose' has been arrived down in scope.18. the explanation uses the expression "religious nature" which has not been defined in the income-tax act, not the word "religion" defined. therefore, we have to understand the meaning of this expression according to the plain dictionary meaning.according to stround's judicial dictionary, "religion" means : "(1 ..... year, the assessee donated a sum of rs. 1,00,000 to a trust known as "vishwamangal trust" (hereinafter referred to as "the trust". deduction under section 80g of the income tax act, 1961 ("the act"), was claimed in respect there of and allowed by the ito while completing the assessment under section 143(3), read with section 144b, of the ..... is the advancement of the object of general public utility within the meaning of section 2(15) of the act, and as such the income from securities held by the assessee-council would be exempt from any tax liability under section 11 of the act." reliance is also placed on the observations of their lordships of the supreme court in another case of addl .....

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Nov 29 1996 (TRI)

Ashoke Kumar Parasramka Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT West Bengal

..... reference with regard to what the assessee claimed as speculative transaction in shares. the assessment was finally completed on a total income of rs. 85,980.3. by notice dt. 14th march, 1996, the cit took proceedings under s.263 of the act for the following reasons : "(a) the ao has accepted the claim of the assessee in respect of share dealing to ..... conclusion derived by the ito from the enquiries made. the revisionary jurisdiction exercised by the cit under s. 263 has been held by the madras high court in venkatakrishna rice co. vs. cit (1987) 163 itr 129 (mad), was in the nature of a supervisory power and the cit acting under s. 263 was not "however", an appellate authority, by any means ... sec. 263 ..... manner, be equated to, or regarded as approaching in anyway the appellate jurisdiction or even the ordinary revisional power conferred on the cit under s. 264 of the act".a similar view has been taken by the bombay high court in cit vs.gabriel indian ltd. (1993) 203 itr 108 (bom), in the conspectus of facts which are more or less similar to ..... by the ito was on the lower side and that left to himself he would have estimated the income at a higher figure. according to the bombay high court that would not vest the cit with power to reexamine the accounts and determine the income himself at a higher figure. it was held that "it is because the ito has exercised the quasi .....

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Dec 31 1996 (TRI)

Deputy Commissioner of Vs. Machino Techno Sales Pvt. Ltd.

Court : Income Tax Appellate Tribunal ITAT West Bengal

Reported in : (2000)242ITR17Cal

..... assessee doubted by the assessing officer.29. let me consider the issue from another angle. for the purpose of obtaining an audit report, either under the company law or (tax audit) under the income-tax act, the bank statements should be made available to the auditors failing which, it may not be possible to complete the audit. admittedly, the audit commenced before the "specified ..... the explanation, the words "specified date" in the second proviso cannot be read as contended by learned counsel. it was argued by learned counsel for the assessee that under the income-tax act, whenever the legislature wanted to exclude application of provisions of other enactments, it was specifically provided for in those sections such as sections 179, 230a, etc., and in the absence ..... out by the division bench reads as under : "whether, on the facts and in the circumstances of the case, the assessee is liable to penalty under section 271b of the income-tax act, 1961 2. the facts in brief are as follows : for the assessment year 1986-87, the specified date" for obtaining the audit report ended on july 31, 1986, whereas the ..... a show-cause notice was issued to the assessee. in response to that, the assessee submitted that they have obtained the audit report as required under section 44ab of the income-tax act, 1961, on july 30, 1986, i.e., within the time limit. it was also explained that the statutory audit could not be completed within the time as voluminous work was .....

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Feb 28 1997 (TRI)

Modern Construction Development Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT West Bengal

..... obtaining an expert opinion of the dist. valuation cell for determining the cost of construction by issuing summons under section 131(1)(d) of the income-tax act, 1961.however, the assessing officer was of the opinion that the reference to the valuation officer is proper as it helps the assessing officer ..... determining the actual cost of construction by issuing commission under section 131(1)(d) of the income-tax act, 1961. this act on the part of the assessing officer may be termed as proper, legal and justified. such act rather helps the assessing officer in framing the assessment order on sound reasoning and without any bias ..... substance, relate to only one issue i.e., with regard to the justification in adding a sum of rs. 3,51,877 under the head 'income from other sources'.3. brief facts in this regard are as under : by virtue of an agreement between burdwan municipality and the assessee, construction of ..... cost of construction. it was at that point of time that he could rely upon the report of the valuation officer." 10. in the case of cit v. pratapsingh amrosingh rajendra singh and deepak kumar [1993] 200 itr 788 (raj.), their lordships observed as under : "simply because the valuation report ..... .admittedly, there is huge difference in the estimate of cost of construction as per the registered valuer and the value as per the dvo.cit(a) further observed that both the registered valuer as well as the valuation officer have admitted that no detailed vouchers of the building materials .....

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Apr 21 1997 (TRI)

Jay Shree Tea and Industries Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT West Bengal

..... as, the sale of coffee or tea.the hon'ble madras high court held that the deduction was available to that assessee-company only on portion attributable to income liable to tax under the income-tax act.12. during the course of hearing before us, the learned counsel of the assessee has placed heavy reliance on the supreme court decisions in the cases of prithvi ..... of one cinema theatre, the prakash talkies, expired and thereafter the landlord filed a suit to obtain a decree for possession and an order for payment of mesne profits. the income-tax officer disallowed the claim on the ground that business of prakash talkies was not carried on by the assessee in the year in which the claim of deduction of mesne ..... and notice pay. the assessee, however, continued the other business, viz., the business of publication. the assessee claimed deduction of the amount paid as retrenchment compensation and notice pay. the income-tax officer disallowed the claim on the ground that the expenditure was incurred not in the course of business but after the closure of the business. this finding of the ..... income-tax officer was upheld by the tribunal. on reference, the hon'ble calcutta high court held so far as the tribunal held that the payment was made on the closure of .....

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Jul 17 1997 (TRI)

Abhay Kumar Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT West Bengal

Reported in : (1997)63ITD15Cal

..... 9-1995. thereupon, the following two points of difference were referred to the president for appointing a third member under section 255(4) of the income-tax act, 1961 :- "1. whether, on the facts and circumstances of the case and in law, the assessing officer was justified in imposing penalties for ..... sufferance and punishment undergone.7. it is for these reasons i am of the considered opinion that protective penalties under any penal provisions of the income-tax act, 1961 cannot be imposed. this is the essence and ratio decidendi of the calcutta and gauhati high courts and also calcutta bench 'd' ..... the assessee who has been assessed protectively cannot be penalised protectively.4. there is no statutory authorisation or sanction for imposing protective penalties under the income-tax act and the same cannot be derived from the judgment of the apex court rendered in the case of lalji haridas (supra) relied by my ..... miss vasudha bajoria's case (supra) to which i have been a party. there is no sanction or authority under any provisions of the income-tax act, 1961 to make protective assessments. but nonetheless on the basis of the judicial sanction given by the hon'ble supreme court in the case of ..... this case because the controversy is common, that is to say; whether or not protective penalties can be levied under the penal provisions of income-tax act, 1961. it is elementary and almost universally accepted that it is not the conclusion arrived at of an earlier case which is binding precedent .....

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May 19 1998 (TRI)

Arogya Niketan Charitable Trust Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT West Bengal

Reported in : (1998)62TTJCal298

..... commissioner (appeals) order dated l1-1-1993, for the assessment year 1989-90.the assessee is a trust which is registered with the income tax department, calcutta, under section 12a of the income tax act, 1961 (hereinafter referred to as the act). during the assessment year under consideration the assessee had surplus amount of rs. 96,050 which was added by the assessing officer to ..... the income of the assessee as the same was not utilised for any charitable purposes. on appeal, the same was confirmed by the commissioner (appeals). ..... although, in order to provide itself with revenue apart from voluntary subscriptions, it runs special wards for patients who pay a full price. section 10(22a) exempts from tax the income of hospitals and other medical institutions and existing solely for philanthropic purposes and not for purposes of profit.needless to mention that an object of the trust would be of ..... . paramhans ashram trust : (1993) 203 itr 711 (raj) cit v. cherupurshpam hospital trust (1990) 181 itr 512 (ker) in support of his contention.on the other hand, learned departmental representative relied on the orders of the authorities below and submitted that the said amount is the trust's income. he mentioned that in the assessment year 1984-85 it was stated .....

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Nov 27 1998 (TRI)

Britannia Industries Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT West Bengal

..... 's grounds of appeal in this behalf.9. during the course of hearing before us the assessee placed reliance on para 3.3 of "guidance note on tax audit under s. 44ab of the income-tax act". this para 3.3 is as reproduced below : "in the statement on auditing practices issued by the institute the following note appears under the heading "sales" (para ..... ,000. we direct accordingly.7. grounds of appeal nos. 2 and 3 are directed against the authorities below including the amount of sales-tax in "total turnover" for the purpose of computing the deduction under s. 80hhc of the act. the assessee claimed deduction under s. 80hhc at rs. 1,36,36,523. the ao noticed that this amount had been worked ..... in the books of account for the purpose of whether the same should be subjected to tax audit or not may make some sense, it is difficult to accept the position that the computation of "total turnover" for the purpose of substantive deduction from the total income, such as under s. 80hhc should be a matter only of the entries made by ..... , reduced the assessee's claim of deduction accordingly.8. during the course of hearing before the learned cit(a)-xi, calcutta, the assessee disputed the action of the ao in this behalf on the basis of guidance note on tax audit under s. 44ab of the it act, 1961, issued by the institute of chartered accountants of india. the learned counsel also stated that .....

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Dec 10 1998 (TRI)

Hooghly Mills Co. Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT West Bengal

..... filed by the assessee against the order passed by the commissioner of income-tax under section 263 of the income-tax act, 1961 on 31-3-1994. in the said order the cit states that deduction under section 80hhc of the act, as allowed by the assessing officer in the assessment order, was excessive ..... been held in regard to the assessment year 1989-90 that the assessee is entitled to deduction on the amount of the entire business income. he directed the assessing officer to compute the deduction under section 80hhc accordingly. it would, therefore, be evident that the result ..... over the order of the cit (appeals). on merits, therefore, we perfectly agree ..... ,72,69,408, as directed by the cit in his impugned order under section 263. only after the directions given by the cit (appeals) to take into consideration the overall business income, such replacement of figure would be required. however, the cit is not entitled to direct such a revision ..... with the learned counsel for the assessee that inasmuch as the assessment order does not suffer from any defect, it was not open to the cit .....

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