Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: jharkhand Page 10 of about 318 results (0.026 seconds)

Aug 10 2004 (HC)

G.P. Pandey Vs. Union of India

Court : Jharkhand

Reported in : [2006]151TAXMAN79(NULL)

..... ) 7 scc 401.6. mr. k.k. jhunjhunwala, on the other hand, firstly submitted that the allegation against the petitioners are not only committing offence under the provisions of the income tax act but also under section 409 of the i. p. c. learned counsel submitted that for getting benefits of section 205 the accused person has to appear once at the first ..... employees on 17 occasions and failed to deposit the same within a week. it was alleged that the petitioners were liable under section 276b, read with section 278b of the income tax act.3. the special judge after taking cognizance issued summons to the petitioners and the latter on receiving summons filed an application in the court praying to permit them to represent ..... of public duty. in the instant case, although the allegation has been made against the petitioners for committing breach of trust there is no allegation that the petitioners, after deducting taxes misappropriated the same for their personal use instead of depositing the same with the complainant. in my view, therefore, the allegations made against the petitioners constitute a technical offence and ..... , a departure from social standard of honesty and moral justice or ethics as to be shocking to the moral sense of the community. it has also been defined as an act of baseness, vileness or depravity in the private and social duty which one person owes to another or to society in general, contrary to the accepted and customary rule of .....

Tag this Judgment!

Aug 03 2004 (HC)

National Federation of Insurance Fields Workers of India and anr. Vs. ...

Court : Jharkhand

Reported in : (2005)196CTR(Jharkhand)469; [2005]276ITR127(Jharkhand); [2004(3)JCR568(Jhr)]

..... his claim for exemption and establishing it at the time of completing the assessment against him. therefore, the prayer for quashing the communication issued by the authority under the income tax act in that behalf cannot be granted.8. since we have taken this view, we are not inclined to examine in detail the various decisions brought to our notice by ..... conveyance allowance. the division bench ultimately held that the development officers of the life insurance corporation of india are entitled to claim exemption under section 10(14) of the income tax act, of the conveyance allowance/additional conveyance allowance paid to them, upon satisfying the condition that such allowances have actually been spent for the purpose for which they were given, ..... conveyance allowance/additional conveyance allowance paid to a development officer of the life insurance corporation of india were liable to be exempted under section 10(14) of the income tax act. the single judge having dismissed the writ petition on the basis that the position was convered by an earlier decision of the rajasthan high court in commissioner of ..... branches of jamshedpur division of the life insurance corporation of india, are exempted under section 10(14) of the income tax act, 1961 read with rule 2-bb of the income tax rules, 1962. a further declaration that there should be no deduction of tax at source on the amounts of conveyance allowance and additional conveyance allowance paid to the development officers, is also .....

Tag this Judgment!

Aug 03 2004 (HC)

National Federation of Insurance Fields Workers of India Vs. Union of ...

Court : Jharkhand

Reported in : [2005]145TAXMAN116(NULL)

..... his claim for exemption and establishing it at the time of completing the assessment against him. therefore, the prayer for quashing the communication issued by the authority under the income tax act in that behalf cannot be granted.8. since we have taken this view, we are not inclined to examine in detail the various decisions brought to our notice by ..... additional conveyance allowance. the division bench ultimately held that the development officers of the life insurance corporation of india are entitled to claim exemption under section 10(14) of the income tax act, of the conveyance allowance/additional conveyance allowance paid to them, upon satisfying the condition that such allowances have actually been spent for the purpose for which they were given, ..... conveyance allowance/ additional conveyance allowance paid to a development officer of the life insurance corporation of india were liable to be exempted under section 10(14) of the income tax act. the single judge having dismissed the writ petition on the basis that the position was covered by an earlier decision of the rajasthan high court in ..... 17 branches of jamshedpur division of the life insurance corporation of india, are exempted under section 10(14) of the income tax act, 1961 read with rule 2bb of the income tax rules, 1962. a further declaration that there should be no deduction of tax at source on the amounts of conveyance allowance and additional conveyance allowance paid to the development officers, is also claimed .....

Tag this Judgment!

May 14 2004 (HC)

New United Construction Co. Vs. Commissioner of Income Tax and ors.

Court : Jharkhand

Reported in : (2004)189CTR(Jharkhand)411; [2004]270ITR224(Jharkhand)

..... : [1999]2scr925 : : [1999]2scr925 reiterated the proposition laid down in the india carbon ltd.'s case (supra) in the following words: 'the act in question is a taxing statute and, therefore, must be interpreted as it reads, with no additions and no subtractions, on the ground of legislative intendment or otherwise'. if we ..... the writ petition, imposing, a penalty of rs. 2,20,000 on the assessee under section 271(1)(c) of the act. the assessee filed an appeal before the cit(a), ranchi. the cit(a) accepted the belated explanation to be offered by the assessee and held by his order, annex-2 dt. 17th nov ..... reasonable construction to the language of a statute without leaning to one side or the other, meaning thereby that no tax or levy can be imposed on a subject by an act of parliament without the words of the statute clearly showing an intention to lay the burden on the subject. in ..... the assessee, the question of waiver of interest on penalty claimed by the assessee in terms of section 220a of the act, would require independent consideration and hence even while reserving orders in tax reference case no. 36 of 1998, the present writ petition was directed to be posted separately for hearing. on ..... feb., 2004.4. in the order, annex.-16, refusing to waive interest on the penalty imposed, the cit has held that the conditions which enabled waiver under section 220(2a) of the act were not satisfied in this case. he has noticed that three cumulative conditions have to be satisfied before the .....

Tag this Judgment!

Jan 29 2004 (HC)

New United Construction Company Vs. Commissioner of Income Tax

Court : Jharkhand

Reported in : (2004)190CTR(Jharkhand)116; [2004]270ITR214(Jharkhand); [2004(2)JCR116(Jhr)]

..... of the assessing officer imposing penalty.5. the assessee sought a reference of five questions in his application under section 256(1) of the income tax act, filed before the income tax appellate tribunal, which decided that the question that really arose for decision was the one that has been quoted above by us in the ..... case. therein, the full bench of the patna high court considered the effect of the amendment brought about to section 271(1) of the income tax act and the addition of the explanation and noticed that the burden had shifted to the assessee from the department to offer a reasonable explanation for ..... assessment became final, the assessee not having appealed against it.3. the assessing officer initiated penalty proceedings under section 271(1)(c) of the income tax act for concealment of the above two sums totalling rs. 3.43.239/-. the assessee resisted the penalty proceedings by submitting that he had included the ..... a revised return was accepted by the department, no penalty could be imposed under section 271(1)(c) of the income tax act.8. we find that the legal position is really covered by the decision of the supreme court in k.p. madhusudhanan v. commissioner of ..... , penalty was liable to be imposed. the kerala high court as follows :'section 271(1)(c) of the income tax act, 1961, is attracted where in the course of any proceedings under the act, the assessing officer or the first appellate authority is satisfied that (a) any person has concealed the particulars of .....

Tag this Judgment!

Jan 29 2004 (HC)

New United Construction Co. Vs. Cit

Court : Jharkhand

Reported in : [2004]137TAXMAN290(NULL)

..... ) and restored the order of the assessing officer imposing penalty.5. the assessee sought a reference of five questions in his application under section 256(1) of the income tax act, filed before the income tax appellate tribunal, which decided that the question that really arose for decision was the one that has been quoted above by us in the beginning which, in effect, is ..... aid of the assessee in this case. therein, the full bench of the patna high court considered the effect of the amendment brought about to section 271(1) of the income tax act and the addition of the explanation and noticed that the burden had shifted to the assessee from the department to offer a reasonable explanation for his furnishing an alleged inaccurate ..... return, had to be examined and if found unacceptable, penalty was liable to be imposed. the kerala high court stated as follows---'section 271(1)(c) of the income tax act, 1961, is attracted where, in the course of any proceedings under the act, the assessing officer or the first appellate authority is satisfied that : (a) any person has concealed the particulars of his ..... tribunal, patna, has referred the following question to this court under section 256(1) of the income tax act'whether on the facts and in the circumstances of the case, the imposition of penalty under section 271(1)(c) of the income tax act amounting to rs. 2,20,000was legal and valid'.2. during the course of the assessment for the assessment year 1985-86 .....

Tag this Judgment!

Sep 04 2003 (HC)

indraprastha Agencies Vs. Commissioner of Income-tax

Court : Jharkhand

Reported in : (2004)187CTR(Jharkhand)632; [2004]266ITR320(Jharkhand)

..... it might have been a case for further investigation by the department or for resorting to the power available under section 131 of the income-tax act. on the failure of the assessee to furnish any material or lead any specific evidence in that regard, nothing turns on the alleged ..... also served on the assessee under section 142(1) of the act. the annexure to that notice informed the ..... the income-tax act, 1961, relate to the assessment years 1994-95, 1995-96 and 1996-97 under that act. the appeals are by the assessee. the assessee filed returns and it was assessed. subsequently, notices under section 148 of the income-tax act, 1961, were issued on the basis that the income had escaped ..... assessment within the meaning of section 147 of the act. a notice was ..... any other person as bribe or otherwise. the commissioner (appeals) therefore affirmed the order of the assessing officer. the assessee appealed before the income-tax appellate tribunal. the tribunal noticed that even in the information furnished, the assessee had admitted that he had received the payment from the animal .....

Tag this Judgment!

Aug 12 2003 (HC)

Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(4)JCR149(Jhr)]

..... liberal construction should be put upon the language of the statute. 'in textile machinery corporation limited v. commissioner of income-tax, : [1977]107itr195(sc) the supreme court considering the claim for exemption under section 15 c of the indian income tax act, 1922 took the view that once the new industrial undertaking is separate and independent production unit in the sense that ..... losing its identity in the old business, it is not to be treated as being formed by reconstruction of the old business. in commissioner of income-tax v. indian aluminium company : [1977]108itr367(sc) , and commissioner of income-tax v. oriental paper mills limited : [1989]176itr110(sc) , the supreme court held that if in the new undertaking, separate and independent production ..... heartedly by the learned government counsel.4. on 15.11.2000, state of jharkhand came into existence. on 15.12.2000, the bihar finance act, 1981, the bihar sales tax act, 1983 and the central sales tax act were extended to the state of jharkhand. the state of jharkhand issued an industrial policy, industrial policy, 2001, with a view to provide ..... entitled to the benefit of the industrial policy, 2001 in respect of its existing units.9. in commissioner of income-tax, amritsar v. strawboard manufacturing co. limited 171 itr 431, the supreme court observed that a law providing for concession for tax purposes to encourage industrial activity, should be liberally construed. their lordships observed, 'it is necessary to remember .....

Tag this Judgment!

Jun 20 2003 (HC)

Sanjeet Rajan and Sujeet Ranjan Vs. State of Jharkhand

Court : Jharkhand

Reported in : [2003(3)JCR236(Jhr)]

..... mesra, ranchi during 1996-98. it has also been submitted that he has shown a sum of rs. 1,13,598.00 in his income tax return as income from commission received from g.p.o., ranchi and this is an inflated figure whereas he has only received rs. 53,435.00 as commission ..... as an agent under agency code no. 51 of 1990-91. therefore, the income tax returns though accepted by the income tax authorities have no relevancy at all in this case at this stage. therefore, the learned court below has rightly not acted upon those income tax returns. the ratio of the case of state of m.p. (supra) ..... to their question does not stand shrouded in mystery. the contention of the petitioners is that the cbi has not properly construed and considered the income tax returns filed by them since 1984-85 continuously which from the face of it clearly indicate that the assets with both the petitioners are properly explained ..... that the respondent would have to face such charges on a future date. the documents being the orders of assessment or returns filed with the income tax authorities on their face value supported the case of the respondent. there was no bar to consider the material on record in the case on hand ..... has therefore, no application in this case to support or promote the case of the petitioners. the materials on the record give an inkling of the fact that income of the principal accused i. .....

Tag this Judgment!

May 08 2003 (HC)

Adityapur Industrial Area Development Authority Vs. Union of India (Uo ...

Court : Jharkhand

Reported in : (2003)185CTR(Jharkhand)384; [2003]262ITR289(Jharkhand); [2003(3)JCR4(Jhr)]

..... of the state but also property held by corporations or companies controlled by the state, since they are not states themselves.9. obviously, explanation to section 10(20) of the income tax act was introduced by finance act, 2002 clarifying which are local authorities and excluding from them, corporations or authorities like the petitioner herein and the deletion of section 10(20a) of the ..... to be quashed. we may mention here that the petitioner-authority has not questioned the stand of the authority under the income tax act that the income of the petitioner-authority was not liable to exclusion in terms of section 10(20) of the income tax act, as amended. nor has the petitioner-authority questioned the deletion of sub-section (20-a) of section 10 of ..... state government. it was contended that article 289(2) of the constitution had no application and consequently the authority under the income tax act could not assess the income of the petitioner-authority under the act in view of the exemption of the income of a state contained in article 289(1) of the constitution. this stand of the petitioner-authority was met by the ..... in the bank. in view of the amendment brought to section 10(20) of the income tax act by the finance act 2002 explaining which are the local authorities whose incomes are not chargeable to tax under the act and the deletion of section (20a) providing for exclusion of the income of an authority constituted under any law enacted for the purpose of meeting the need for .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //