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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: jharkhand Page 6 of about 318 results (0.043 seconds)

Jul 19 2007 (HC)

Raj Kumar Singhania Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2007(4)JCR232(Jhr)]

..... has prayed for quashing the order dated 9.3.2007 passed by commissioner of income tax, hazaribagh under section 127 of the income tax act, 1961 (shortly the act) whereby and where under the case of the petitioner has been transferred from the income tax officer ward 1 (2), hazaribagh to assistant commissioner of income tax cc 3 new delhi.2. petitioner's case is that his main business is ..... impugned order has been passed in full compliance of the provisions contained in section 127 of the act.5. before appreciating the rival contention of the parties i would first like to quote section 127 of the income tax act as amended by direct tax laws (amendment) act, 1987 (act 4 of 1988). section 127 reads as under:section 127. power to transfer cases.--(1) the director ..... his concurrence for centralization of the above cases with assistant commissioner of income tax central; circle new delhi and accordingly, requested the commissioner of income tax, hazaribagh to pass order under section 127(2) of the act. the commissioner of income tax, new delhi also concurred for centralization of the case with assistant commissioner of income tax, central circle, new delhi. learned counsel further submitted that search and seizure .....

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Feb 14 2007 (HC)

Abhay Kumar Shroff Vs. Commissioner of Income Tax and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR1552; (2007)210CTR(Jharkhand)602; [2007]290ITR114(Jharkhand); [2007(3)JCR264(Jhr)]

..... .y. eqbal, j.1. the petitioner who is the assessee has prayed for quashing the impugned notice purportedly issued under subsection (1) of section 142 of the income tax act 1961 (in short the act) and for a direction upon the respondents not to continue with the assessment proceeding in respect of the assessment year in question. by amendment petition dated 8.1.2007 ..... other documents or any assets are requisitioned under section 132a after 31st may, 2003, by inserting a new section 158bi in the income-tax act.65.3 further, three new sections 153a, 153b and 153c have been inserted in the income-tax act to provide for assessment in case of search or making requisition.65.4 the new section 153a provides the procedure for completion of ..... of assessment as being illegal and wholly without jurisdiction. learned counsel drew my attention to the relevant provisions of income tax act particularly section 153a of the act and submitted that under the new scheme forming part of section 153a, 153b and 153c of the act deal with the assessment in case of search and requisition in substitution of erstwhile assessment scheme contained in chapter ..... offices and residence of the petitioner, which continued for a number of days. respondent no. 3, thereafter, issued notice to the petitioner under section 142 of the act asking him to file his income tax return for the assessment year 2004-05 and to produce the books of account, bank passbooks and vouchers etc. for the financial year ending 31st march 2004. .....

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Feb 08 2007 (HC)

Commissioner of Income Tax Vs. Vijay Kumar Adukia and ors.

Court : Jharkhand

Reported in : 2007(2)BLJR1097

..... involved, they have been heard together and are disposed of by this common order. 2. these appeals have been filed under section 260a of the income tax act 1961 challenging the order passed by the income tax appellate tribunal, patna bench, patna whereby the tribunal dismissed the appeal filed by the revenue and further allowed cross objection filed by the respondent-assessee.3 ..... counsel further submitted that the tribunal ought not to have expunged paragraph 8 of the appellate order passed by cit (appeal) which is contrary to the provision of section 251(1)(a) of the income tax act.6. mr. binod poddar, learned senior counsel raised preliminary objection that the instant appeal is not maintainable, inasmuch as no substantial question of law ..... is involved. learned counsel submitted that appellant has not complied the requirement of section 260a of the act and preferred this appeal without formulating substantial question ..... show cause notice to the respondent as to why reassessment proceeding should not be initiated under section 147 of the act for escape assessment. notices were issued under section 148 of the act with the approval of the commissioner of income tax, ranchi. notices under section 142(1) was also issued to the respondent for production of books of account and .....

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Nov 17 2006 (HC)

Larsen and Toubro Limited Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2007(1)BLJR694; [2007(1)JCR542(Jhr)]

..... maharaj kumar kamal singh's case : [1959]35itr1(sc) the contention was raised on behalf of the revenue that it would be open to the income-tax officer to act under section 34(1)(b) of the income-tax act, 1922, even if he merely changed his mind without any information from an external source and came to the conclusion that in a particular case he ..... (mad) a division bench of the madras high court interpreting the scope of the words 'information which has come into his possession found in section 34 of the indian income tax act, observed thus:we are unable to accept the extreme proposition that nothing that can be found in the record of the assessment which itself would show escape of assessment or ..... on the assessment. if as a result of information in his possession the income-tax officer has reason to believe that income chargeable to tax had escaped assessment, the income-tax officer has jurisdiction to assess or reassess income under section 147(1)(b) of the income-tax act, 1961. information in his possession that income chargeable to tax has escaped assessment furnishes a starting point for assessing or re-assessing ..... hyderabad : [1974]97itr239(sc) their lordships had concluded as under:...having second thoughts on the same material does not warrant the initiation of a proceeding under section 147 of the income-tax act, 1961.10. their lordships finally concluded and answered as under:(i) the answer to the question posed at the very outset is rendered in the negative and it is held .....

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Oct 11 2006 (HC)

Sri Mahinder Singh D.O.L.i.C. Vs. the Commissioner of Income Tax, Biha ...

Court : Jharkhand

Reported in : 2007(1)BLJR673; [2008]300ITR90(Jharkhand)

..... by this common order.2. the main question of law which has been referred by the income tax appellate tribunal, patna bench, patna in the instant reference under section 256(1) of the income tax act (in short the act) is 'whether in the facts and circumstances of the case the income tax appellate tribunal, patna was justified in holding that incentive bonus earned by the assessee, a ..... development officer of life insurance corporation of india (in short lic) is salary as defined under section 17 of the act keeping in view the terms, conditions ..... bonus as part of salary and, accordingly, disallowed the claim of expenditure.4. being aggrieved by the reassessment under section 143(3) and 147 of the act the assessee went in appeal before the commissioner, of income tax (appeals) and by order dated 19.7.95 passed in i.t. appeal no. 694/ran/oth/ 1994-05, the commissioner set aside the order ..... or recompense must fall within the expression 'salary' as defined in rule 2(h) of part a of the fourth schedule to the act.8. the full bench of karnataka high court in the case of commissioner of income tax. v. m.d. patil 1998 (229) i.t.r. 7 after discussing the law in detail have held that incentive bonus given to .....

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Sep 26 2006 (HC)

Sukra Oraon Vs. Commissioner of Income Tax and ors.

Court : Jharkhand

Reported in : [2007(1)JCR223(Jhr)]

..... of the petitioner was found. it is stated that under section 237 of the income tax act 1961, if the amount of tax exceeds in a particular assessment. year, the assessee is entitled to refund of the excess amount of tax. in the instant case the petitioner has enclosed the order of income tax appellate tribunal passed in the case of dr. birsa oraon and, therefore, the ..... by the petitioner and the same was deposited in the aforesaid bank account maintained with the state bank of india, booty more, ranchi. the petitioner was also assessed to tax with the income tax officer, ward no. 5, ranchi and there is not dispute in so far as his assessments are concerned. it is stated that the petitioner is father-in-law of ..... not challenged by the respondent-assessing authority and the same attained its finality. in the aforesaid premises, the respondents are bound to give effect to the order passed by the income tax appellate tribunal. when it has been found that the amount deposited in the aforesaid bank account was the retrial benefits of the petitioner then there is no reason why. the ..... be refunded back to the petitioner.4. we have heard learned counsel for the parties and perused the order passed by the income tax appellate tribunal in the appeals filed by dr. birsa oraon. for better appreciation the finding of the income tax appellate tribunal is reproduced herein below:after hearing both the sides, i find that at the time of search, cheque book .....

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Jul 12 2006 (HC)

T.R.F. Limited Vs. Commissioner of Income Tax

Court : Jharkhand

Reported in : (2007)213CTR(Jharkhand)557; [2008]298ITR78(Jharkhand); [2006(4)JCR21(Jhr)]

..... performing, data processing machines cannot be classified as 'office appliance' and are eligible for allowance of development rebate under section 33(1) of the income tax act, 1961 (corresponding to section 10(2)(vib) of the indian income tax act, 1922). 11. in another case, the calcutta high court held that assessee is entitled to investment allowance in respect of generator on the ground ..... does not form a part of the manufacturing unit intimately connected with the production of manufacturing any article or thing and as such investment allowance under section 32a of the income tax act was not allowable. the court held:the assessment year involved is 1984 for which the accounting year ended on march 31, 1984, about the use of the computer ..... stock of raw materials and the finished goods, the assessee is not entitled to investment allowance under section 33a or additional depreciation under section 32(1)(2)(a) of the income tax act. in the aforesaid circumstances, at the instance of the assessee, the instant reference has been made for answering the questions quoted hereinabove.3. before appreciating the submissions made by ..... years 1984-85. the assessee claimed depreciation at the rate of 2% as per the provisions of section 32 as well as investment allowances under section 32a of the income tax act. the assessee claimed depreciation and investment allowances on the ground that the computer system is a plant installed in its factory premises. the claim of the assessee was disallowed .....

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Apr 21 2006 (HC)

Novelty Dresses and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2006(3)JCR288(Jhr)]

..... the propositions of law, this court finds that the criminal prosecution against the petitioners under sections 276(c) and 277 of the income tax act, pending in the special court for economic offences, dhanbad in complaint case no. 176 of 1992, corresponding to trial no. 2729 of 1992, union of india v. novelty dresses and ..... , passed by special court for economic offences, dhanbad whereby and whereunder cognizance of the offence was taken under sections 276(c) and 277 of the income tax act, 1961 against the petitioners.2. the informant opposite party no. 4, income tax officer, ward-ii, hazaribagh filed a complaint case being no. 176 of 1992 before the special court stating therein that the petitioner no. 1 ..... 'ble court in various decisions have consistently held that criminal prosecution under sections 276(c) and 277 of the income tax act, 1961 and under such circumstances as relevant in the present case is not maintainable and there was no additional tax liability on the enhanced income as held in 2nd appeal by the tribunal.10. keeping in view of the fact stated above and ..... , therefore, the petitioner had committed an offence as alleged punishable under sections 276(c) and 277 of the income tax act, 1961. the sanction of the commissioner of income tax, ranchi was obtained.3. notices were issued to the opposite parties 2 to 4 and the office reported the same as valid service,4. learned counsel for the petitioners submitted .....

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Apr 20 2006 (HC)

Commissioner of Income Tax Vs. Metallurgical Engineering Consultants ( ...

Court : Jharkhand

Reported in : [2006(3)JCR63(Jhr)]

..... income tax appellate tribunal, patna bench, patna; circuit bench at ranchi in i.t.a.no. 315(pat)/91, relating to the assessment year 1986-87.though ..... revenue building, ranchi, against the assessee m/s metallurgical engineering consultants (india) ltd., ranchi, under section 260a of the income-tax act, 1961 against the order dated 27th may, 2002, passed by the income tax appellate tribunal, patna bench, patna; circuit bench at ranchi in i.t.a.no. 314(pat)/91, relating to the assessment year 1985-86.it appears that a ..... the appeal listed under the heading 'for admission'.2. the other tax appeal no. 12 of 2003 has been preferred by the revenue-commissioner of income-tax, central revenue building, ranchi, against the same assessee i.e. m/s metallurgical engineering consultants (india) ltd., ranchi under section 260a of the income-tax act, 1961 against the order dated 27th may, 2002, passed by the ..... having noticed the aforesaid observations of the supreme court, rendered in the case of mahanagar telephone nigam ltd. (supra), we are of the view that the revenue-commissioner of income-tax, ranchi (appellant in both the appeals) should first move before the high power committee to get the dispute resolved between the two organizations; one central government and the other .....

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Dec 29 2005 (HC)

Hotel Yamuna Villa, a Partner Ship Firm, Through Its Partner Sri Subod ...

Court : Jharkhand

Reported in : [2006(108)FLR988]; [2006(1)JCR268(Jhr)]; (2006)IILLJ965Jhar

..... by learned advocate. adverse inference was drawn for not producing all the basic documents such as cash book, ledger etc. which were required to be maintained as per the income tax act, their turnover being more than rs. 5 lacks per year. the restaurant was working solely for the clients of the hotel and therefore both were interdependent. in the letter ..... partners of the said firm. the hotel and the restaurant were registered independently under the bihar shops and establishment act, bihar sales tax act and central sales tax act and they maintained their own books of accounts and balance-sheet as independent assesses with income tax department. the restaurant was being run under an agreement with the hotel.5. the impugned order was passed on ..... counsel for the petitioner. admittedly the hotel and the restaurant were independently registered under different enactments such as shops and establishment act, bihar sales tax act and they maintained their own books of accounts and balance-sheet, for the purpose of income tax assessment. there was an agreement between two. only because, the husband of the proprietor of the restaurant was one of ..... and the restaurant were part of one establishment and taking into consideration the total number of employees engaged by the hotel and the restaurant the hotel was governed under the act.4. as would appear from the impugned order, the following position is admitted. the hotel is owned by a partner ship firm. the restaurant is a proprietary concern .....

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