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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Page 5 of about 17,223 results (0.073 seconds)

Oct 04 2016 (HC)

M/S. Remahay Stores Pvt. Ltd. Vs. Income Tax officer and Anr.

Court : Kolkata

..... ) the subject matter of challenge in the instant writ petition is a notice dated 31 march, 2014 issued under sec. 148 of the income tax act, 1961 (in short it act ) by the income tax officer (in short ito ).ward no.9(3) calcutta. the impugned notice is a notice of initiation of reassessment proceedings against the petitioner ..... with law. court s view:(20) two questions fall for determination in this case. firstly, whether or not the notice under sec. 148 of the income tax act was duly served on the petitioner?. secondly, if the answer to the firs.question is in the negative, what is the effect of such non- ..... be strictly observed in serving notices under the it act. in kiram machines-vs.-ito (supra).a learned judge of the madras ..... address or elsewhere. in thomas (m.o)-vs.-commissioner of income tax (supra).a division bench of the kerala high court held that in view of the provisions contained in sec. 63 of the income tax act, 1922 (corresponding to sec. 282 of the it act 1961).the procedure prescribed in o. 5 of the cpc must ..... factum of shifting of office was also intimated to the it department vide form no.49a prescribed under rule 114 of the income tax rules, 1962 read with sec. 139a(5)(d) of the it act, 1961. upon such intimation the department issued a new pan card to the petitioner on 3 july, 2009. the said .....

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Oct 04 2016 (HC)

M/S Binaguri Tea Company Pvt Ltd Vs. Deputy Commissioner of Income Tax ...

Court : Kolkata

..... advocate the court: the subject matter of challenge in this appeal is a judgement and order dated 1st june, 2016 by which the learned income tax appellate tribunal refused to exercise jurisdiction under section 254(2) of the income tax act, for the following reasons: the learned counsel for the assessee reiterated the stand of the assessee as contained in the miscellaneous application. we ..... , 2015. subsequent thereto, the appellant discovered that the learned tribunal had changed its view as regards the applicability of income tax rule 8 to the fringe benefit tax. the appellant, in the circumstances, had applied under section 254(2) of the income tax act within less than two months from the day when the appeal was dismissed. the learned tribunal however for reasons already ..... assessing officer answered the question in the affirmative and gave necessary relief. he, however, recalled the same in exercise of power under section 154 of the income tax act. in an appeal preferred by the assessee, the appellate authority confirmed the order passed by the assessing officer. the assessee preferred an appeal before the learned tribunal. the ..... are of the view that jurisdiction u/s.254(2) of the act can be exercised only to rectify an error apparent on the face .....

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Sep 23 2016 (HC)

Renu Agarwal and Ors. Vs. Sushila Devi Agarwal

Court : Kolkata

..... . the suit was instituted in this court by the alleged trustees of the charitable trust, maharshi menhi charitable trust , registered as a charity under the income tax act, 1961. they question, the appointment of the defendants as trustees and for appointment of a suitable person or persons as trustees. they also ask for ..... what has been done. the photographs annexed to the petition show beyond any reasonable doubt that the defendants have indulged in the most daring and defiant acts. the photograph at page 48 shows large pieces of bricks strewn on the compound or yard. the window panes have been removed leaving cavities in ..... s contention that this assurance does not amount to an undertaking. there is no particular form prescribed for an undertaking in the contempt of courts act, 1971 or in the rules under it framed by this court. the oxford dictionary defines undertaking as a formal pledge or promise. this is what ..... any interim order passed by the court. that an application under order 39 rule 2a of the code and one under the contempt of courts act, 1971 were remedies available to a party complaining of breach of an injunction order was laid down in welset engineers and another v. vikas auto ..... judgement of mr.justice arijit pasayat in prithawi nath ram v. state of jharkhand and others reported in air2004sc4277 a case under the contempt of courts act, 1971 where the following dictum was pronounced by his lordship: 9. in a given case, even if ultimately the interim order is vacated or .....

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Sep 15 2016 (HC)

Berger Paints India Ltd. Vs. Commissioner of Central Excise,

Court : Kolkata

..... of hearing before a decision is taken thereunder. however, in sahara india (supra).the supreme court while considering the provisions of sub-section 2a of section 142 of the income tax act, 1961 and this question of right of hearing where the statute does not expressly provide for one, has held that, where a decision by a statutory authority entails a ..... that, since under section 14aa of the said act entails civil consequences, the authorities are obliged to grant an opportunity of hearing to the petitioner. in the present case, the petitioner was not afforded ..... right of hearing has to be read into such provision of the statute. applying the ratio of sahara india (supra) and more particularly when section 14aa of the said act entails civil consequences and where such section does not specifically debar the application of the principles of natural justice, the authorities are, therefore, required to afford a reasonable opportunity ..... (hereafter the said act ) on the ground that, the impugned order has been passed in breach of principles of natural justice and that the impugned order is unreasoned. learned senior advocate appearing for the petitioner has relied upon a decision of the supreme court reported in (2008) 300 itr403(sc) [sahara india (firm) versus commissioner of income-tax & another].and submitted .....

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Aug 30 2016 (HC)

Commissioner of Income Tax, Kolii Vs. M/S. Eureka Stock and Share Brok ...

Court : Kolkata

..... ).the question for consideration was whether the concept of change of opinion stood obliterated with effect from april 1, 1989 after substitution of section 147 of the income tax act, 1961 by the direct tax laws (amendment) act, 1987. that question was answered in the negative by the apex court. far from helping the assessee, the judgment, in our view, militates against him. lordships held ..... are in favour of the revenue, the learned tribunal was justified in law in not interfering with the orders of the learned commissioner, income tax (appeals) as the assessee s case is covered by explanation to section 73 of the income tax act, 1961 ?. the facts and circumstances of the case are briefly stated as follows:the original assessment under section 143(3) of the ..... income tax act, 1961 was made on 12th march 2004. a notice thereafter under section 148 was issued and an assessment under section 147/143(3) was made on 28th december, 2006. in ..... is any change of opinion in the facts and circumstances of the case in reassessing the income of the assessee under section 147/143(3) of the income tax act?. the aforesaid question is answered in the negative. considering the view we have taken and considering that the cit(a) and the learned tribunal did not go into the merits of the matter, we refrain .....

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Aug 23 2016 (HC)

Mohinder Singh Arora Vs. The Commissioner of Income Tax, West Bengal.

Court : Kolkata

..... no proof of the fact in a proceeding to revoke the probate. and it is well settled that the appeal under section 260a of the income tax act is a civil proceeding as the proceeding before appellate tribunal from whose order the appeal has been filed is of a civil nature under section 255 ..... as binding in a civil action. the judgment in the criminal court would not be relevant for disposal of an appeal under section 260a of the income tax act. it can be used only to establish the fact that an acquittal has taken place as a fact in issue in the subsequent civil proceeding. ..... the appeal. according to the petitioner this has entirely changed the basis of disallowing the business loss and the applicability of section 37 of the income tax act. the other ground on which the petitioner has sought for a review is that the judgment and order of the division bench has not answered ..... which has a bearing on the right of the petitioner to the reliefs prayed for in the appeal filed him under section 260a of the income tax act. the case of the petitioner is that since it has been held in the criminal case that it could not be proved beyond reasonable doubt ..... consideration was whether the confiscation of goods from the appellant amounted to a loss in business carried on by the appellant and was allowable under the income tax act. the division bench after considering the submissions of both the parties and after considering the various judgments had observed that confiscation is a liability personal .....

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Aug 17 2016 (HC)

Principal Commissioner of Income Tax 2, Kolkata Vs. Income Tax Appell ...

Court : Kolkata

..... the above provision. consequently, we hold that the above appeals are not maintainable before this court. we, accordingly, dismiss the appeals as not maintainable under section 260a of the income tax act. per contra, mr.mazumdar, learned senior advocate representing the respondent no.3 (the assessee) has contended that against an order refusing to condone delay in presenting an appeal under ..... kol/2011) against an order dated september 20, 2010 for the assessment year 2007-08. mr.dudhoria, learned advocate representing the petitioner contends that although section 260a of the income tax act, 1961 provides a remedy of appeal before this court, the application for condonation of delay not having been allowed, there was no existence of any appeal against the order ..... writ petition, the petitioner has alleged failure on the part of the tribunal to exercise jurisdiction by ignoring the decisions of the supreme court reported in 334 itr269(commissioner of income tax versus west bengal infrastructure development finance corporation) and 167 itr471(collector of land acquisition versus mst. kartiga & ors.).if at all that is so, i.e.the ..... this court, reported in 2014 (310) e.l.t.24 (cal) (andew yule & co.ltd.versus commissioner of central excise, kolkata) and 248 itr155(cal) (commissioner of income tax versus agarwal hardware works pvt.ltd.).and an unreported decision of a coordinate bench dated 1st april, 2014 in wp no.386 of 2013 [commissioner of customs (airport & administration).kolkata .....

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Aug 12 2016 (HC)

M/S.Srei Infrastructure Finance Ltd. Vs. Dy.Commissioner of Income Tax ...

Court : Kolkata

..... above may be collated as follows:(a)sub-section 1 of section 2 of the finance act, 2008 provides inter alia as follows: .such tax as reduced by the rebate of income tax calculated under chapter viii-a of the income tax act, 1961 (43 of 1961) (hereinafter referred to as the income tax act) shall be increased by a surcharge (b) second proviso to sub-section 3 of ..... in the negative. the reason is very obvious. in determining the liability of the assessee the firs.step has to be determination of tax payable. the income tax act contemplates self-assessment by the assessee and quarterly payment of tax in advance and the rest with the filing of the return. interest can be realised only for the amount in default. interest cannot ..... assessment year commencing on the 1st day of april, 2008, income-tax shall be charged at the rates specified in part i of the firs.schedule and such tax as reduced by the rebate of income-tax calculated under chapter viii-a of the income-tax act, 1961 (43 of 1961) (hereinafter referred to as the income-tax act) shall be increased by a surcharge for purposes of the union ..... therein. second proviso to sub-section (3): provided further that in respect of any income chargeable to tax under sections 115a, 115ab, 115ac, 115aca, 115ad, 115b, 115bb, 115bba, 115bbc, 115e and 115j.or fringe benefits chargeable to tax under section 115wa of the income-tax act, the amount of income-tax computed under this sub-section shall be increased by a surcharge, for purposes of the .....

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Aug 04 2016 (HC)

Commissioner of Income Tax, Kolkataiii Vs. Veerprabhu Marketing Limite ...

Court : Kolkata

..... was made for all the five years on the basis of survey conducted under section 133a of the income tax act. he submitted that the power under section 153c read with section 153a cannot be exercised on the basis of any discovery made during survey ..... u/s.147 of the i.t.act would not be made u/s.153a of the i.t.act?. mr.jain, learned advocate appearing for the assessee, submitted as follows: (a) the assessment under section 153c read with section 153a read with section 144 of the income tax act was altogether without jurisdiction because such assessment ..... 143(3).144 or 147 of the i.t.act where appeals or rectification application will not abate?. 3. whether on the facts and in the circumstances of the case, the income tax appellate tribunal is correct in law for the fact that the decision of jharkhand high court ..... september 10, 2008: 1. whether on the facts and in the circumstances of the case, the income tax appellate tribunal is justified in not holding that all assessments were made under section 143(1) of the i.t.act, therefore, disallowance as per law were not earlier made. as per section 153(c) of the ..... to consider the disallowance in the assessment to be made under section 153 of the i.t.act?. 2. whether on the facts and in the circumstances of the case, the income tax appellate tribunal is correct in misinterpreting the cbdt s circular no.7 as the same applies to assessments made u/ss. .....

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Aug 03 2016 (HC)

M/S. Elite Pharmaceuticals and Anr. Vs. Income Tax officer, Ward 46(1 ...

Court : Kolkata

..... s letter dated 29th april, 2015. till such time the concerned authority responds, no consequential effect shall be given in respect of the survey conducted under section 133a of the income tax act. the letter dated 29th april, 2015 was replied to by a letter dated 17th august, 2015 stating as follows:item information sought for no.1. reasons, if any, recorded for ..... and circumstances of the case are as follows :the appellants had earlier filed a writ petition challenging the survey conducted under section 133a of the income-tax act on 6th february, 2015. notices issued under section 131 of the income-tax act also on 6th february, 2015; an order under section 133a (3)(i)(a) dated 24th february, 2015 and a notice dated 27th march, 2015 ..... issued under section 148 of the income-tax act pertaining to the assessment years 2012-13, 2013-14 and 2014-15 were also challenged on the ground that the respondent nos.1 and 2 had no jurisdiction over the ..... -16, kolkata in this particular case arises. challenging the aforesaid letter dated 17th august, 2015 and subsequent notice issued under section 142(1) of the income-tax act on 9th september, 2015, wp no.1172 of 2015 was filed which was dismissed by an order dated 23rd february, 2016 by holding as follows; since it is evident that .....

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