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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: income tax appellate tribunal itat jaipur Year: 1985 Page 1 of about 14 results (0.062 seconds)

Nov 14 1985 (TRI)

income-tax Officer Vs. Mishrilal Gordhanlal.

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Nov-14-1985

Reported in : (1986)17ITD958(JP.)

..... would be necessary. when that draft is made the assessee would be given an opportunity as is provided for under section 144a of the income-tax act, 1961 (the act) also. according to mr. ruhela, since 144a clearly provided that enhancement could be made by the iac over and above what the ito ..... their lordships observed thus in regard to the manner : "there is no question here that the requirements of section 28(1) (a) of the income-tax act were not completely fulfilled. if the appellants had not filed their return, as they were required by law to do, the omission would attract clause (a ..... without affording to the assessee a reasonable opportunity of being heard. this opportunity was denied to the appellants, and, therefore, the order of the income-tax officer was vitiated by an illegality which supervened, not at the initial stage of the proceedings, but during the course of it. the order ..... directing the refund of the penalty, if recovered, cannot but be interpreted as correcting the error and leaving it open to the income-tax officer to continue his proceedings from the stage at which the illegality occurred. no express remand for this purpose, as is contended, was necessary. ..... course of the assessment proceedings, because the action will relate back to the time when the first notice was issued.in our opinion, the income-tax officer is well within his jurisdiction to continue the proceedings from the stage at which the illegality has occurred and to assess the appellants to .....

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Nov 04 1985 (TRI)

income-tax Officer Vs. R.B. Seth Moolch and Nemichand

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Nov-04-1985

Reported in : (1985)14ITD473(JP.)

..... of the case, the amounts of rs. 86,169, rs. 79,555 and rs. 39,835 are the subject-matter of section 41(1) of the income-tax act, 1961 2. the assessee in this appeal is a private limited company engaged in mining of mica. the dispute, inter alia, before the ito was whether outstanding ..... department. he further contends that in the case of the assessee on the issue, the provisions of section 36(2)(iv) of the income-tax act, 1961 ('the act') are applicable. reliance is placed on the decisions in the case of bombay steam navigation co. (1953) (p.) ltd. v ..... him or the value of benefit accruing to him, shall be deemed to be profits and gains of business or profession and accordingly chargeable to income-tax as the income of that previous year, whether the business or profession in respect of which the allowance or deduction has been made is in existence in that year ..... under consideration. moreover, the assessee has already obtained the deduction for these expenses and if the assessee pays the same, he has remedy before the income-tax authorities to show and prove that the payment is made to the labourers. therefore, justice demands that claim of the assessee should not be accepted and ..... about these liabilities. it is clear from the discussion, that the assessee has claimed excessive expenses in earlier years and has not paid correct taxes on its real income of these years.he then held that since the assessee failed to give details, there did not exist any liability for these expenses and that .....

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Oct 31 1985 (TRI)

income-tax Officer Vs. Mannalal Nirmal Kumar

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Oct-31-1985

Reported in : (1985)14ITD429(JP.)

..... rs. 6,505 including consultation fee paid to shri s.p. mehta amounting to rs. 3,950.2.1 the ito disallowed this amount under section 80vv of the income-tax act, 1961 ('the act').3. in appeal, the aac allowed it on the ground that it was in the nature of genera] consultation and hence to be allowed as one of the business ..... be said to be covered by section 80vv though it is not incurred in relation to any proceeding before any income-tax authority or the appellate tribunal or any court relating to the determination of any liability under the income-tax act, 1961 by way of tax, penalty or interest whether such general consultation fee paid could be allowed as a business expenditure under section 37 ..... of the act and is not attracted by section 40(a)(ii) of the act 3. i have heard the learned departmental representative at length and the ..... by way of deduction any expenditure incurred by him in the previous year in respect of any proceedings before any income-tax authority or the appellate tribunal or any court relating to the determination of any liability under this act, by way of tax, penalty or interest : provided that no deduction under this section shall, in any case, exceed in the aggregate five thousand .....

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Oct 31 1985 (TRI)

Maharaja Shri Devi Singh Ji Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Oct-31-1985

Reported in : (1985)14ITD445(JP.)

..... quasi-criminal proceeding and penalty will not ordinarily be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest or acted in conscious disregard of his obligation. sections 270 and 271 of the income-tax act, 1961 ('the 1961 act') imposes penalty on contumacious or fraudulent assessees and the above principle applies to the ..... court in hindustan steel ltd. v.state of orissa [1972] 83 itr 26, the rajasthan high court rejected a reference filed by the commissioner of income-tax under section 256(2) of the 1961 act to direct the tribunal to make a reference where a penalty levied under section 271(1)(a) was cancelled by the tribunal holding that the view ..... each of his four younger brothers including the assessee certain villages and a residential house for their maintenance. the legitimate question that arose for the purpose of wealth-tax and also income-tax was whether these villages and the residential house received for maintenance from the eldest brother constituted individual property or joint family property. the view that prevailed till it ..... imposition of penalty under these sections. by this judgment, the rajasthan high court laid down the rule that it is for the revenue to show that the assessee had deliberately acted in defiance of law or its .....

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Oct 31 1985 (TRI)

Niranjanlal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Oct-31-1985

Reported in : (1985)14ITD439(JP.)

..... 1. the penalty proceedings under section 271(1)(c), read with section 274(2), of the income-tax act, 1961 ('the act') concerning the assessment year 1965-66 arose under the following circumstances : shri niranjanlal, the assessee, derives income from shares of three firms in which he is a partner. he has, for his individual assessment, followed diwali accounting year. of the firms from which he ..... of opinion, which is : whether, on the facts and in the circumstances of the case, the penalty on the assessee could be levied under section 271(1)(c) of the income-tax act, 1961 2. the relevant facts are : the assessment relates to the assessment year 1965-66. the assessee had share ..... learned representative of the assessee that the assessee was minor till february 1964 and this is the first year of his assessment after he attained majority. until this year his income-tax affairs were being attended to by his guardian and this being the first year when he had , to look after his own affairs, this small mistake should not have been ..... treated as a deliberate act of concealment on the part of the assessee.3. it is not in dispute that the share income from changoiwala & co.was voluntarily disclosed by the assessee to the ito before the assessment. nor is it in dispute that .....

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Aug 26 1985 (TRI)

income-tax Officer Vs. Smt. Chakka Bai Baid

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Aug-26-1985

Reported in : (1986)15ITD328(JP.)

..... as to whether while issuing the notice under section 147(a) read with section 149(1)(a)(ii) of the income-tax act, 1961 ('the act') and assessment made consequent thereof the income that is deemed to have escaped should be rs. 50,000 is only necessary while actually the addition that is made ..... for the relevant assessment year, where eight years, but not more than sixteen years, have elapsed from the end of that year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees fifty thousand or more for that year ; the reading of the above two ..... an addition to the assessment of a like amount. in no case, on the same material for the purpose of reopening the amount of income that has escaped assessment and that assessed could be different. he further submitted that even examination of the material it would only reveal that it ..... were issued. according to mr. s.s.ruhela, there is no pre-condition that the income that is finally assessed must include escapement of income of rs. 50,000 or more. what the act requires is that the income that is likely to exceed at the time of issue of notice is rs. 50, ..... sub-clauses gives us an indication that sub- clause (/) would apply to a situation where the income that has escaped assessment is less than rs. 50,000 and sub-clause (ii) would apply where the income .....

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Jul 30 1985 (TRI)

Advance Autotechnico (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Jul-30-1985

Reported in : (1986)15ITD320(JP.)

..... observed at p. 429, the law has made ample provision for a situation like this under section 10(2a) of the indian income-tax act, 1922 corresponding to section 41(1) of the income-tax act, 1961, according to which: (1) where an allowance or deduction has been made in the assessment for any year in respect ..... him or the value of benefit accruing to him shall be deemed to be profits and gains of business or profession and accordingly chargeable to income-tax as the income of that previo year, whether the business or profession in respect of which the allowance or deduction has been made is in existence in ..... deduction for rs. 14,000 but rejected the balance claim firstly on the ground that it was not made out wholly and exclusively for earning taxable income ; it was not a determined liability for the current year as the suit was filed in the court; the loss did not pertain to ..... adjudicated by the commissioner under section 19 of that act. on appeal the tribunal held that in spite of the fact that the liability could not be enforced till its quantification by the commissioner, the ..... 'b' of the tribunal, the assessee had claimed some liability on account of the claims of employees for compensation payable under the workmen's compensation act, 1923. the ito allowed the claim. the commissioner withdrew the allowance on the ground that the claim would accrue only when the compensation was actually .....

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Jun 19 1985 (TRI)

Jagannath Jeewanmal Woollen Vs. Income-tax Officer.

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Jun-19-1985

Reported in : (1986)17ITD107(JP.)

..... 954. accordingly, he forwarded a draft of the proposed order of the assessment to the assessee on 2-3-1982 under section 144b (1) of the income-tax act, 1961 (the act). the assessee did not file any objections and the assessment was, consequently, finalised as drafted. thereafter the assessee filed an appeal before the commissioner (appeals) ..... if the assessee had filed objections, and they had been rejected by the iac, the assessee was entitled to file in appeal against the ultimate assessed income. in other words, the right of appeal is entirely different from the right to take objections under section 144b and in any case when there is ..... produce any contrary judgment of the tribunal even the one relied upon by the commissioner (appeals) but referred to the judgment of the madhya pradesh high court in cit v. gupta & sons (p.) ltd. [1984] 146 itr 506. in this case the question in dispute was whether the ito had the power to ..... be said to be file an aggrieved by the assessment order and, hence, it forfeited its right to file an appeal under section 246 of the act. the assessee has come up in second appeal before us.2. we have heard the representatives of the parties at length in this appeal. the representatives ..... condone the delay in making an application under section 146 of the act because there was no specific provision in the act and the high court was the view that he had no such power and if an application was not filed within the .....

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Jun 18 1985 (TRI)

K.C. Gokani Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Jun-18-1985

Reported in : (1985)14ITD461(JP.)

..... out of his development work, was paid conveyance allowance of rs. 25,417 by the lic. out of this, the assessee claimed exemption under section 10(14) of the income-tax act, 1961 ('the act') of rs. 13,377. the assessee later revised its claim whereby the entire amount of rs. 25,417 was claimed as exempt. the ito wanted the assessee to produce ..... duties of his office. certified further that out of such payment a sum of rs. 13,377.45 has been treated as exempt from tax under section 10(74) of the income-tax act, 1961 for the purpose of deducting tax at source.he also drew our attention to the circular issued by the lic as circular no. 43 of 1979 dated 19-12-1979 ..... percentage basis, that is to say, 80 per cent of the additional conveyance allowance or 90 per cent of the additional conveyance allowance as the case may be, by the income-tax authorities, the offices can also allow for this percentage while making the calculations for deduction at source. it is also necessary that for ensuring that proper deduction of ..... , 1979 on the above subject which is self-explanatory : 'please refer to the central office accounts department circular ref. accts/income-tax/ca/ader dated 4th july, 1979. recently, a clarification from us regarding the exemption for the purpose of deduction of income-tax additional conveyance allowance was sought. you are aware that the additional conveyance allowance is granted by the corporation to the .....

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Jun 10 1985 (TRI)

income-tax Officer Vs. Shyam Sunder Dhoot.

Court : Income Tax Appellate Tribunal ITAT Jaipur

Decided on : Jun-10-1985

Reported in : (1986)17ITD274(JP.)

..... ).the assessee was asked to explain the above but no satisfactory explanation was given. later the assessee vide letter dated 12-9-1979 in section 132(5) of the income-tax act, 1961 (the act) proceedings (pages 23-26) submitted the particulars of all related concerns of the assessee. in this letter the assessee had submitted that the products of cellulose product of indian ..... assessment year 1979-80 as the transaction made in the financial year 1978-79 are to be considered in the assessment year 1979-80 itself under aforesaid provisions of the income-tax act, 1961. the approval of the learned iac (assessment) to this addition is contained in the following words : (vi) the argument of the assessee is that sales cannot be estimated on ..... . praveen kumar was cross-examined by assessees counsel mr. mertia on 18-2-1981. the counsel put a specific questions which reads as : answer : on receipt of a notice from income-tax department in connection with my firms case, i had given the affidavit.answer : the notice required me to give information regarding transportation of titanium dioxide and caustic soda which i ..... money found to have been received by an assessee is on him. if he disputes the liability for tax, it is for him to show either that the receipt was not income or that if it was exempted from taxation under the provisions of the act. they have made further observation that answer to certain formal questions given by the assessee could not .....

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