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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: jharkhand Page 3 of about 318 results (0.025 seconds)

Feb 14 2014 (HC)

Commissioner of Income Tax, Jamshedpur Vs. M/S. Hitech Chemical (P) Lt ...

Court : Jharkhand

..... for assessment in search cases. 11. the relevant extract of explanation to section 158ba, second proviso to section 158bc, section 158bf and first proviso to section 158bfa(2) of the income tax act,1961 are extracted below: explanation to section 158ba for the removal of doubts, it is hereby declared that (a) the assessment made under this chapter shall be in addition to ..... . the assessee is a private limited company engaged in manufacture of chemicals used mainly by steel plants. a search and seizure operation under section 132(1) of the income tax act (in short, the act) was conducted on 29.10.1998 simultaneously in the office premises of the assessee-company and at the residence of the managing director of the company and others. during ..... itr 249 (calcutta). 10. before referring to the above contention raised on behalf of the respondent-assessee it would be useful to notice the provisions under chapter xivb of the income tax act, 1961. the chapter xivb is confined to special procedure of assessment of search cases?. section 158b(b) defines the term, undisclosed ..... , after the filing of the return u/s 158bc by filing a revised return, would be liable to be treated as concealed income and hence, incur penalty. the provision under section 158bc and section 158bfa were inserted by the income tax (amendment) act, 1997. as noticed earlier, section 158bfa prescribes that interest and penalty would be levied in certain cases. it appears that the .....

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Jan 09 2014 (HC)

Mahabir Prasad Rungta Vs. Office of the Commissioner of Income Tax (Ap ...

Court : Jharkhand

..... .) 2001. 2. search and seizure operations were conducted on 27.10.1997 at the premises of the assessee under the provision of section 132 of the income tax act, 1961. notice under section 158bc of the act was issued to the assessee on 20.11.1998 calling upon him to file his returns within a period of 45 days. the assessee filed the returns ..... of it, which is undisclosed. in support thereof, the appellant placed reliance on the decision rendered in the case of additional commissioner of income tax, bombay city-i vs. lata mangeshkar reported in [1974] 97 itr 696 (bom). 12. learned counsel, mr.deepak roshan, appearing for the revenue submitted that special procedure is contemplated for ..... was duly stamped and executed or attested by the person by whom it purports to have been so executed or attested.? 18. sub-section (4a) was inserted by the taxing laws (amendment act, 1975) with effect from 1.10.1975 to permit the presumption to be raised in the circumstances mentioned therein. before insertion of sub-section (4a), onus of proving that ..... books of accounts, other documents, money, bullion, jewellery etc. found in possession or control of a person in the course of search belonged to that person was on the income tax department .....

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Jun 18 2013 (HC)

Saurabh Alias Pinku Alias Saurabh Vs. the State of Jharkhand Through C ...

Court : Jharkhand

..... has been made accused for the offences under sections 420, 379, 411, 120(b) of the indian penal code and sections 43(a)(i) read with section 66 of the income tax act, 2000, in connection with r.c. no. 221/2011/e/0002/new delhi. the case was instituted on the basis of the information furnished by the state bank of india ..... of rupees fifty lakhs was withdrawn on the same very day from syndicate bank, bhagwanpur branch, muzaffarpur. learned counsel for the petitioner has submitted that the petitioner is a sales tax official and he has been falsely implicated in this case and has prayed for bail. learned counsel for the cbi, on the other hand, has opposed the prayer for bail .....

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Apr 15 2013 (HC)

Commissioner of Income Tax Dhanbad Vs. Dhanbad Central Cooperative Ban ...

Court : Jharkhand

..... either cash or mercantile system of accounting has to be followedandtherefore,thereisnoscopeofrealisingincomeincash andexpensesinmercantilesystem.theassessingofficerthenheld that, since provisions are not allowable and the assessee has claimedseparatelybyaprovisionforbadanddoubtfuldebtsasper section 36(i) of the income tax act, 1961 an amount of rs.2,59,02,596/isaddedtothetotalincomeoftheassessee.3. however,thec.i.t.(a)aswellasthei.t.a.t.observed thattheaccountsismaintainedaspertheguidelinesissuedbythe r.b.i.andsection45(ii)ofther.b.i .....

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Mar 11 2011 (HC)

Vikash Kumar Sinha Vs the State of Jharkhand

Court : Jharkhand Ranchi

..... property only. the petitioner for the purpose of laundering the proceeds of crime has become director in about 8 companies. he was examined under the provisions of money laundering act and income tax act. he admitted his guilt, which finds support from other materials available on record.other accused persons are in custody in this case. petitioner is also deeply and actively ..... petitioner. in the present case, i.e. e.c.i.r. case no. 02/2009 registered under the money laundering act, petitioner has been made an accused on the basis of his alleged confession/statements made before the income tax authorities, about which the petitioner made statement later that such statements/confessions were recorded under coercion. the statements made before the ..... income tax authorities are relevant for the purpose of taking action under that act. he relied on 1992 cr. l.j. 2781__k.t.m.s. mohammad v. union of india. the concerned authorities have not taken any action against co-accused ..... that some chartered accountant/entry operators maintained several files of companies which only exist on paper for providing accommodation entries to the intending persons who want to induct their undisclosed income in the books of accounts of the company as share capital/unsecured loan.during investigation, it was found that the petitioner gave about rs.45 crores to one mr .....

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Apr 21 2009 (HC)

Rajasthan Sewa Sadan Vs. Bihar State Electricity Board and ors.

Court : Jharkhand

Reported in : AIR2010Jhar12; 2009(57)BLJR2163

..... , 1961 it becomes clear that the income tax department has recognized the petitioner as charitable institution.6. shri v.p. singh, learned senior counsel appearing for the respondent board, submits that granting ..... order dated 13.11.1984 the commissioner of income tax has recognized the petitioner institution as a charitable institution under section 12a of the income tax act, 1961 and subsequently vide an order under section 80(g) of the income tax act, 1961 the donations made to the petitioner has been exempted from payment of income tax and this order has been renewed regularly.5 ..... . in the aforesaid, document the learned counsel for the petitioner submits that the aforesaid issuance of certificates under section 12a and 80(g) of the income tax act ..... exemption and treating as a charitable institution by the income tax department does not ipso facto entitle the petitioner to claim domestic tariff since the board has not recognized the same till date. he also submits that for applicability .....

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Oct 25 2008 (HC)

Bokaro Steel Employees Co-operative House Construction Society Limited ...

Court : Jharkhand

Reported in : AIR2009Jhar39

..... bank can refuse when police has seized the money in the bank under section 102 cr.p.c., 1973 and or under sub-section 3 of section 226 of the income tax act, 1961 which is not the issue in the present case.16. in case the banks are permitted to dishonour their commitments by adopting such subterfuges, the entire commercial and business .....

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Aug 12 2008 (HC)

Smt. Namita Roy Vs. the Union of India (Uoi) and Vijay Bhaskar

Court : Jharkhand

Reported in : 2008(56)BLJR2716; (2008)218CTR(Jharkhand)666; [2009]308ITR109(Jharkhand); [2008(4)JCR364(Jhr)]

..... and law.13. accordingly, this application is allowed and the order dated 07.08.2004 taking cognizance of the offence under section 277 of the income tax act, 1961 in c.o. case no. 24/04 against the petitioner by the special judge (economic offences), dhanbad as well as the entire ..... is an essential ingredient for launching prosecution against a person for commission of the offence under section 277 of the income tax act. if it is shown that there was no mensrea on the part of the accused/assessee then he or she cannot be prosecuted for ..... complaint petition, the special judge, economic offences, dhanbad, by order dated 07.08.2004, took cognizance of the offence under sections 277 of the income tax act against the petitioner which is under challenge in this application.5. mr. binod poddar, learned senior counsel appearing for the petitioner submitted that 'mensrea' ..... l.i.c. thereafter, the assessee/accused smt. namita roy was noticed to show cause as to why prosecution under section 277 of the income tax act be not launched against her. in reply to the said notice, the assessee/petitioner stated that on the abatement of one amal kumar chatterjee, she ..... in this application, the petitioner has prayed for quashing of the order dated 07.08.2004 taking cognizance of the offence under section 277 of the income tax act, 1961 which has been taken against the petitioner by the special judge (economic offences), dhanbad.3. the facts in short are that c.o .....

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Aug 11 2008 (HC)

Dr. Junul Bhengaraj and ors., Vs. State of Jharkhand Through Cbi and o ...

Court : Jharkhand

Reported in : 2009CriLJ469

..... cr.) no. 77 of 2008 is concerned, he apart from the cases, referred to above, is facing prosecution in other cases relating to income tax act and also criminal amendment act 44 relating to attachment of the property and the petitioner on account of being in custody is not able to defend those cases properly and, ..... the case until the petitioner is released so that the petitioner may properly defend his criminal case and also fight out the case properly lodged under the income tax act and also a other (sic) (proceeding of attachment)5. the facts giving rise to all these cases are that when it was detected, by ..... other case the evidence is still to be commenced, coupled with other situation that the accused persons are also facing charges under the prevention of corruption act, any order regarding amalgamation of the trial would not be justified. however, coming to the other aspect of the matter, there has been no ..... , they have also been alleged to have committed offence under section 13(1)(d)(e) read with section 13(2) of the prevention of corruption act and hence, accusation put forth against the accused persons, under that situation, cannot be said to have been committed in the same transaction and as ..... to the accused under section 427 of the code of criminal procedure. learned counsel in this regard submits that if the trial court does not act in the manner as has been indicated and proceeds*! with the trial which has advanced to a great extent and pronounces the judgment, then the .....

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Mar 19 2008 (HC)

Commissioner of Income Tax Vs. Multi Tech Auto Ltd.

Court : Jharkhand

Reported in : [2008]301ITR73(Jharkhand); [2008(2)JCR433(Jhr)]

m.y. eqbal, j.1. this appeal under section 260a of the income tax act by the revenue is directed against the order dated 13.12.2006 passed by the income tax appellate tribunal is it. (ss) no. 26/pat/2q06 for the assessment year, block period 1.4.1987 to ..... order after observing that specific direction given to the assessing officer were not followed. against the aforesaid order of commissioner of income tax (appeal), the revenue went in appeal before the income tax appellate tribunal which was dismissed by passing the impugned order. hence, this appeal.3. we have heard mr. k.k ..... is apparent that the authorities have considered the facts of the case in detail and gave reasonings for arriving at the conclusion. the commissioner of income tax (appeal) has taken up all the issues separately and recorded findings on those issues. curiously enough, the tribunal after recording the case of the ..... evidence is unsustainable in the eye of law. accordingly, we delete the additions made by the assessing officer as sustained by the learned commissioner of income-tax (appeals) by allowing the appeal of the assessee.in the result, the appeal of the asses-see is allowed.4. evidently, therefore, the ..... the tribunal, therefore, cannot be sustained in law.5. for the reasons aforesaid, this appeal is allowed and the impugned order passed by the income tax appellate tribunal, circuit bench, ranchi is set aside and the matter is remanded back to the tribunal for deciding the appeal afresh by passing reasoned .....

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