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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: supreme court of india Year: 1999 Page 1 of about 188 results (0.157 seconds)

Jan 05 1999 (SC)

Commissioner of Income-tax Vs. Bhaskar Picture Palace

Court : Supreme Court of India

Decided on : Jan-05-1999

..... to the commencement of the aforequoted order, in which it is, inter alia, stated :'11. section under which the order is passed : 245d(l) of the income-tax act, 1961'.8. in his submission, the application had, therefore, been rejected not onlyunder sub-section (1a) but also under sub-section (1). the submission hasonly ..... the same years for which they had applied earlier and the settlement commission entertained these applications. its full bench in birumal gaurishankar jain and co. v. income-tax settlement commission , found that, having regard to the omission of sub-section (1a) as aforestated, the settlement commission was entitled todo so. the union ..... 1. this batch of cases concerns section 245d of the income-tax act, 1961, as it stood prior to 1991 and thereafter. prior to the amendment in 1991. section 245d(1) and (1a), read thus :' ..... stand and regular show collections were not entered in the regular books of account maintained by the applicant thereby concealing particulars of income. therefore, the objection raised by the commissioner of income-tax is sustained for the said years.'6. in regard to the assessment years 1983-84 and 1984-85, the settlement commission, ..... with on the ground that concealment of particulars of income on the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or imposable under this act, has been established or is likely to be established by any income-tax authority, in relation to the case : provided that .....

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Jan 05 1999 (SC)

Commissioner of Income Tax Vs. Bhaskar Picture Palace

Court : Supreme Court of India

Decided on : Jan-05-1999

Reported in : JT1999(10)SC563; (1999)9SCC232

..... to the commencement of the afore-quoted order, in which it is, inter alia, stated :11. section under which : 245-d(1) of the income the order is passed tax act 1961.6. in his submission, the application had, therefore, been rejected not only under sub-section (1-a) but also under sub-section (1). ..... orders.p. bharucha, j.1. the batch of cases concerns section 245d of the income tax act, 1961 as it stood prior to 1991 and thereafter, prior to the amendment in 1991 sections 245d(1) and (1-a) read thus: ..... to the same years for which they had applied earlier and the settlement commission entertained these applications. its full bench in birumal gaurishankar jain & co. v. income tax settlement commission found that, having regard to the omission of sub-section (1-a) as aforestated, the settlement commissioner was entitled to do so. the ..... cycle stand and regular show collections were not entered in the regular books of account maintained by the applicant thereby concealing particulars of income. therefore, the objection raised by the commissioner of income tax is sustained for the said years.in regard to assessment years 1983-84 and 1984-85, the settlement commission, in the ..... with on the ground that concealment of particulars of income on the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or impossible under this act, has been established or is likely to be established by any income tax authority, in relation to the case :provided that .....

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Jan 12 1999 (SC)

Commissioner of Income Tax, New Delhi Vs. D.L.F. United

Court : Supreme Court of India

Decided on : Jan-12-1999

Reported in : (2000)162CTR(SC)178; [2000]243ITR855(SC); JT1999(10)SC561; (1999)9SCC116

..... no. 30 of 1973(1) whether on the facts and in the circumstances of the case, the levy of penalty under section 271(1)(c) of the income tax act, 1961 was justified.(2) if the answer to the aforesaid question is in the affirmative, whether on the facts and in the circumstances of the case, while ..... arise upon the judgment dated 29-5-1985 of the delhi high court answering two sets of references made to it under section 256(2) of the income tax act, 1961 against the revenue. both sets of questions relate to assessment year 1962-63. the first set of questions relate to the assessee's quantum appeals; ..... disallowance of a portion of the purchase price?2. it is patent from the questions in the quantum appeal that they are questions of fact. the income tax appellate tribunal is the final fact-finding authority and it has decided against the assessee. the high court ought not to have entered into a discussion of ..... to justify the finding that the payment of rs. 41,039.67/- made to surjit singh, sham singh and rajinder singh was the assessee's income and was rightly taxed as such in its hands?(3) whether there was any evidence before the tribunal to justify the finding that the sum of rs. 3,78,329 ..... levying penalty, the tax sought to be evaded is to be calculated by including in the income returned, the amounts shown in part f of the return?(3) whether on the facts and in the circumstances of the .....

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Jan 12 1999 (SC)

S.S.M. Brothers (P) Ltd. and ors. Vs. Commissioner of Income Tax (Cent ...

Court : Supreme Court of India

Decided on : Jan-12-1999

Reported in : (2000)161CTR(SC)177; [2000]243ITR418(SC); (1999)3SCC229

..... -product of the assessee could be described as 'textile otherwise processed' within the meaning of item no. 32 of the schedule v of the income-tax act, 1961.3. the high court took the contrary view. it said that the operations that were carried on by the assessee on the cloth purchased by it were not in ..... the conclusion that the asses-see was entitled to the benefit of development rebate at an enhanced rate under the provisions of section 33(1)(b)(b)(i) of the income-tax act, 1961. it said that the mere fact that the assessee started with basic cloth would not bar the assessee from being entitled to the higher development rebate because the end ..... or production of any one or more of the articles or things specified in the list to the fifth schedule.5. item no. 32 of the fifth schedule to the act reads thus :textiles (including those dyed, printed or otherwise processed) made wholly or mainly of cotton, including cotton yarn, hosiery and rope.6. when both provisions are read together this ..... order1. these appeals by special leave impugn the correctness of the view taken by a division bench of the high court at madras in tax case no. 146 of 1979 (see : [1985]155itr794(mad) and followed in tax case no. 140 of 1980. the questions before the high court were (page 796) :(1) whether, on the facts and in the circumstances of the .....

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Jan 27 1999 (SC)

Jagdish Yadav Vs. State of Bihar

Court : Supreme Court of India

Decided on : Jan-27-1999

Reported in : 1999(1)BLJR643; JT1999(1)SC439; 1999(1)SCALE440; (1999)9SCC99

ordernanavati, j.1. the appellant has been convicted under section 396 of the indian penal code and sentenced to death. he has filed this appeal against the order of sentence only in view of the limited leave granted by this court.2. what the prosecution has been able to prove is that during the night between first and second of june, 1989, the appellant along with 30 to 40 other dacoits committed dacoity in the house of deceased dhaneshwar, that the dacoits killed dhaneshwar, surendra, awadhesh, kharha and kanhai and also set on fire some of the articles belonging to the family of the deceased. in all 24 accused were put up for trial out of whom 13 were acquitted by the trial court. the other accused were convicted under section 396 and out of them only appellant jagdish was sentenced to death. all others were awarded sentence of life imprisonment. the high court agreed with the findings recorded by the trial court after re-appreciating the evidence and, dismissed the appeals and accepted the death reference. while confirming the death sentence the high court observed as under:in the case before me, it has already been noticed that there are so many as six eye witnesses, including the informant, who have categorically stated that this appellant shot at two innocent and unarmed persons from a close granted by rifle with a full determination to commit their murder.... for the reasons stated above, i have no option but to confirm the death penalty against appellant jagdish .....

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Feb 02 1999 (SC)

M/S. Continental Chemicals Limited Vs. Sales Tax Officer and anr.

Court : Supreme Court of India

Decided on : Feb-02-1999

Reported in : AIR1999SC974; JT1999(1)SC339; 1999(1)SCALE281; (2000)9SCC484; [1999]1SCR340; [1999]112STC660(SC)

..... :date of starting production' and new unit shall have the meaning assigned to them in the explanation to section 4-a of the uttar pradesh sales tax act, 1948;8. there is no dispute that the appellant got permanent registration with the directorate of industries only on 11.9.1986 and became an industrial ..... . on december 6, 1986, the appellant applied for exemption under section 4-a of the u.p. sales tax act, 1948 (for short 'the act') for a period of six years from payment of sales tax under the notification dated 26.12.1985 stating that the date of first sale was 5.3.1986.3. the ..... or the textile commissioner or the director, sugar or the director-general of technical development or the government of india; and (a) registered under the factories act, 1948 or established after obtaining a term loan from the u.p. financial corporation or from a scheduled commercial bank, in the case of units with a ..... order1. the appellant commenced a manufacturing unit with manual labour without getting it registered under the factories act or before the directorate of industries. it got a sales tax registration certificate on 23.11.1985. earlier it had purchased raw material and started trial run pursuant to which the first sale ..... 2nd respondent issued a sales tax exemption certificate on 25.7.1989 for a period of four years from 1 .....

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Feb 03 1999 (SC)

Commissioner of Income-tax Vs. Corporation Bank Ltd.

Court : Supreme Court of India

Decided on : Feb-03-1999

Reported in : [2002]254ITR791(SC)

..... 6, 1952, would govern the case and the reopening was not justified and on a reference before the high court under section 256(1) of the income-tax act, the high court answered the reference in favour of the assessee upon recording its approval on to the order of the tribunal. 5. the records depict ..... the year ending on december 31, 1968, completed on october 4,1969. subsequently, however, the assessment was reopened under section 147(a) of the income-tax act, 1961, to bring to tax a sum of rs. 54,485 in respect of interest suspense account. it is, however, according to the assessee, the sums representing interest on loans ..... raised before the high court : [1986]157itr509(kar) namely (page 510): '1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the provisions of section 147(a) are not attracted 2. whether, on the facts and in the circumstance of ..... the assessee had disclosed this sum of rs. 54,485 in the balance-sheet as unrealised amount of interest along with thereturn filed by it and the income-tax officer had accepted the return and as a matter of fact had excluded that amount in the assessment order completed on october 4, 1969. 3. ..... terms of a notice under section 147(a) of the act, the assessment was reopened and a sum of rs. 54,485 was subjected to tax on the ground that the interest accrued and due on the loans advanced by the bank was the income of the bank for the relevant assessment year and the .....

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Feb 03 1999 (SC)

Commissioner of Income Tax, Jodhpur Vs. Hindustan Zinc Ltd., Udaipur

Court : Supreme Court of India

Decided on : Feb-03-1999

Reported in : AIR2000SC3625; (2000)163CTR(SC)273; [2000]243ITR867(SC); (1999)9SCC270

..... order1. the high court has rejected the application filed by the appellant under section 256(2) of the income-tax act whereby directions were sought from the high court for getting a statement of case from the tribunal on the following two questions:(1) whether on the facts and in the ..... the field at that time is definitely a matter to be considered by the high court.4. in the result the order of the high court is set aside. the income-tax appellate tribunal is directed to send a statement of the case to the high court setting out the two questions mentioned earlier for consideration by high court. the appeals are ..... the judgment of this court in 'camby electric supply industrial co. ltd. v. commissioner of income-tax, gujarat-ii : [1978]113itr84(sc) subsequently the assessee filed an application under section 256(2) of the act relying upon the judgment of this court in rajapalayam mills ltd. v. commissioner of income-tax : [1978]115itr777(sc) and contended that the earlier decision of the tribunal should be ..... tribunal was legally justified in considering the miscellaneous application of the assessee and rectifying the original order beyond the time limit prescribed under section 264(2) of the i.t. act, 1961?(2) without prejudice to the above whether the tribunal was justified in holding that there was really a mistake apparent from record in the original order?2. the circumstances .....

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Feb 03 1999 (SC)

Commissioner of Income Tax, Kerala Vs. Associated Fibre and Rubber Ind ...

Court : Supreme Court of India

Decided on : Feb-03-1999

Reported in : AIR1999SC934; (1999)152CTR(SC)21; [1999]236ITR471(SC); JT1999(1)SC311; 1999(1)SCALE316; (1999)2SCC309; [1999]1SCR375

..... , for the year 1973-74, in the original assessment deduction was allowed for similar interest paid by the assessee. while making the assessment for the assessment year 1974-75, the income tax officer noticed that the assessee had included a note in the schedule of fixed assets appended to its balance sheet as on 31.3. 1973 and that no depreciation had ..... been made for unused rubberised machinery valued at rs. 4,80,000. hence, the income tax officer held that such machinery had not been used for the business of the assessee. consequently, the i.t.o. took the view that the assessee was not entitled to ..... the assessee on loans taken from the bank for the purchase of machinery, which was never used in the assessee's business, is an allowable deduction in computing the total income of the assessee for the assessment year 1972-73 and 1973-74.similar application was filed for the year 1974-75. the high court dismissed the applications by two separate .....

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Feb 04 1999 (SC)

Commissioner of Income Tax, Shillong Vs. Tarajan Tea Co. (P) Ltd.

Court : Supreme Court of India

Decided on : Feb-04-1999

Reported in : AIR1999SC1034; (1999)152CTR(SC)1; [1999]236ITR477(SC); JT1999(1)SC297; 1999(1)SCALE319; (1999)2SCC455; [1999]1SCR396

..... out by the assessee for enabling the completion of his assessment. however, the i.t.o. re-opened the assessment and issued a notice under section 147(a) of the income tax act on the basis that in the case of another tea company, the appellate assistant commissioner had taken the view that sale of standing trees constituted revenue receipts and, therefore, liable ..... , the tribunal having held that there was no case for re-opening the assessment under section 147(a) of the income tax act, 1961 on the reason recorded, nor any cause for re-opening of the assessment under section 147(b) of the act on the reasons recorded on 31.3.77 was justified in law in sustaining the re- opening of assessment under ..... of the case the tribunal was justified in law in setting aside the order of the appellate assistant commissioner of income tax cancelling the re-assessment orders passed by the income tax officer in ignorance of section 144-b of the act and in directing the income tax officer to resort to the provisions of section 144-b afresh instead of annulling and/or cancelling the re ..... taking into consideration the legal bar of limitation for the passing of re-assessment orders under section 153 of the act?2. the short facts which gave rise to that reference were that the respondent-assessee was duly assessed by the income tax officer (i.t.o.) for the relevant period on the basis of the information supplied by the assessee. no particulars .....

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