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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: jharkhand Page 8 of about 318 results (0.026 seconds)

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 .....

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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 .....

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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 .....

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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 .....

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May 06 2003 (HC)

Dr. K.M. Prasad and ors. Vs. Union of India (Uoi)

Court : Jharkhand

Reported in : 2003(51)BLJR1313; [2003(3)JCR452(Jhr)]

..... facts and circumstance of the present case. the facts of the case before the supreme court was that, against the assessment order under the income tax act, appeals were preferred before the commissioner of income tax appeals or the income tax appellate tribunal and during the pendency of those appeals the criminal prosecution was initiated and were pending, therefore, the supreme court held that ..... exchange by a person in india because of the fact that the income tax authorities on the basis of declaration submitted alongwith the returns, filed by the petitioners, immunities were granted by the income tax department and, therefore, the provisions of section 9 read with section 64(2) of the act cannot be made applicable to prosecute the petitioners under the provisions ..... of section 56 of the act.8. it was next contended that the act provides that whether any person has contravened any of the ..... that the person has contravened the provisions of the act or the rules, penalty can be imposed. but in the present case, without holding such enquiry or adjudication the complaint has been filed against the petitioners: the learned counsel for the petitioners has relied on the decision of commissioners of income tax, mumbai v. bhupen champak lal dalai and ors., .....

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Apr 25 2003 (HC)

Man Singh, Partnership Firm Vs. State of Jharkhand Through the Commiss ...

Court : Jharkhand

Reported in : [2003(3)JCR333(Jhr)]; [2006]143STC6(Jharkh)

..... not reflect all the amounts liable to be deducted in the light of cannon dunkerley case. counsel also sought support from annexure-5 statement filed before the authority under the income-tax act to support this part of his argument. though in annexure-b the heading is statement of claim on account of labour (bill wise), on going through the said statement it ..... was passed by the assessing authority and that there was no error in the order justifying interference. the argument of the assessee that the statement filed by him before the income-tax authority should have, been accepted, was rejected on the ground that all entries in the books of accounts of the assessee supported by relevant materials had been accepted and there ..... taxable in the works contract. the appeal was dismissed. feeling aggrieved by the dismissal of the appeal, the assessee filed a revision before the commercial taxes tribunal, jharkhand under section 46 of the bihar finance act. it was again argued before the revisional authority that the assessing authority had erred in proceeding on the basis of rule 13 a of the bihar ..... order1. the petitioner, an assessee under the bihar sales tax act, challenges the order of assessment in respect of a contract entered into by him with the tata iron and steel company ltd. the concerned assessment year is 1991-92. the assessee is a works contractor. the assessment was completed by the sales tax officer by annexure-1, whereby he treated a sum of .....

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Apr 15 2003 (HC)

Data Alloys Ltd. Vs. Steel Authority of India Ltd. and ors.

Court : Jharkhand

Reported in : I(2004)BC9; [2003(3)JCR500(Jhr)]

..... a particular amount, in full and final settlement of the claim which was the subject-matter of the arbitration proceeding. in the meantime notice under section 226(3) of the income tax act was issued directing the respondents to deduct certain amount from the bills of the petitioner lying with them. the petitioner's case is that notice of ..... income tax department has already been withdrawn and, therefore, there is no impediment in the release of the amount. 4. taking into consideration the aforesaid facts i am afraid this court by .....

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Mar 11 2003 (HC)

Smt. Sudha Prasad Vs. Chief Commissioner of Income Tax and ors.

Court : Jharkhand

Reported in : (2004)186CTR(Jharkhand)475; [2005]275ITR135(Jharkhand); [2003(2)JCR461(Jhr)]

..... 4.2001. on 6.5.2002, notice was issued to b.b. prasad asking him to file a return under the income tax act, 1961. since no return was filed, a notice under section 142 of the act was issued to him on 13.6.2002. a notice was again issued to b.b. prasad on 20.6.2002 ..... brought to the notice of the concerned assessing authority or superior authority and therefore, the assessment was completed against b.b. prasad. 3. under section 159 of the act, an assessment proceeding, which could have been taken against the deceased if he had survived, may be taken against the legal representative. according to counsel for the ..... writ petitioner, since the machinery available under section 159(2)(b) of the act was not resorted to by the department, the order of assessment passed against a deceased person has to be deemed to be a nullity and unenforceable. 4. ..... to the legal representatives of deceased b.b. prasad either to file a return or to file an objection to the notice under section 142 of the act. 6. on the facts and in the circumstances of the case, we are of the view that an opportunity should be given to the department to complete ..... to be given to her. it will be open to her either to file a return or an objection to the notice under section 142 of the act. 7. it will also be open to the authority concerned to proceed to complete the assessment based on such return or objection, after giving notice to .....

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Mar 11 2003 (HC)

Smt. Sudha Prasad Vs. Chief Cit

Court : Jharkhand

Reported in : [2003]133TAXMAN864(NULL)

..... objection to the notice under section 142 of the income tax act.7. it will also be open to the authority concerned to complete the assessment based on such return or objection, after giving notice to the other legal representatives, if any ..... proceeding, after giving an opportunity to the writ petitioner, widow of deceased b.b. prasad, to file a return or an objection to the notice under section 142 of the income tax act. however, since the widow has appeared before us, no fresh notice need to be given to her. it will be open to her either to file a return or in ..... the machinery available under section 159(2) (17) of the income tax act was not resorted to by the department, the order of assessment passed against a deceased person has to be deemed to be a nullity and unenforceable.4. it cannot but ..... was never brought to the notice, of the concerned assessing authority or superior authority and therefore, the assessment was completed against b.b. prasad,3. under section 159 of the income tax act, an assessment proceedings, which could have been taken against the deceased if he had survived, may be taken against the legal representative. according to counsel for the writ petitioner, since .....

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Dec 02 2002 (HC)

Anand Prakash and ors. Vs. United Bank of India and ors.

Court : Jharkhand

Reported in : [2004(1)JCR329(Jhr)]

..... was assessed total amount of tax at rs. 2,40,700/- and the department calculated the total outstanding dues at rs ..... sharan lal was the karta. he was as as-sessee of income tax department and all the aforesaid joint family accounts were duly disclosed by him in voluntary disclosure in 1975 under section 15(1) of the income tax act, 1961 (hereinafter referred to as 'the act') and was also accepted by the commissioner of income tax for the assessment year 1976- 77.2. the plaintiff no. 7 ..... amount from the plaintiffs accounts lying with it.6. the court decreed the suit holding that though the bank was required to comply with the demand of income tax officer, under section 226(3) of the act, but for that purpose the term deposits ought not to have been broken before the maturity and at best the bank could have attached the same ..... . 2,52,750.45 paise, under section 226(3) of the act. on 27.3.1979 the income tax officer sent notice to the united bank of india, jhumri tilaiya branch for recovery of the said amount. the bank in compliance with the direction of the income tax officer sent bank draft (ext. a-7) of the said amount.3. subsequently, said .....

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