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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Year: 2000 Page 4 of about 119 results (0.108 seconds)

Aug 24 2000 (HC)

J.K. Industries Ltd. Vs. Assistant Commissioner of Income Tax

Court : Kolkata

Decided on : Aug-24-2000

Reported in : [2001]113TAXMAN518(Cal)

..... learned single judge dated 23-3-1988. the main grievance of the appellant before the learned single judge was that the income tax officer had no jurisdiction to issue notice under section 148 of the income tax act, 1961 (hereinafter referred to as 'the act'). the notice should be quashed. the petition of the appellant was dismissed by the learned single judge on two grounds. firstly ..... section 148 for re-opening of the assessment. for re-opening of the assessment notice under section 148, read with section 147(a) of the act was issued. the condition precedent is that income chargeable to tax has escaped by reasons of the failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment for ..... ) to disclose fully and truly material facts necessary for his assessment for that year. both these conditions must co-exist in order to confer jurisdiction on the income tax officer. it is also imperative for the income tax officer to record his reasons before initiating the proceedings as required by section 148(2)...'(p. 445)9. their lordships further considered the fact, if on ..... the part of the assessee to disclose fully and truly all material facts necessary for his assessment. if either of these conditions is not fulfilled, the notice issued by the income tax officer would be without jurisdiction. the important words under section 147(a) are `has reason to belive' and these words are stronger than the words 'is satisfied'. the belief .....

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Aug 21 2000 (HC)

Voest-alpine Ind. Gmbh Vs. Income-tax Officer and ors.

Court : Kolkata

Decided on : Aug-21-2000

Reported in : [2000]246ITR745(Cal)

..... moment the findings of the learned tribunal have reached finality. in my view, the venture which has been undertaken by the income-tax officer for making an assessment is absolutely an act of hierarchial indiscipline. this exercise is nothing short of setting the tribunal's judgment at naught. it is a well-settled ..... order which was passed in the aforesaid impugned proceedings that it has been held amongst others that the writ petitioner is obliged to pay income-tax on the income which fetched from consultancy services rendered to larsen and toubro. this case has a slightly long history. 3. the writ petitioner-company upon ..... the point raised as to alternative remedy needs foremost attention of this court. in this case, one of the grounds is the jurisdiction of the income-tax officer concerned. so, this court is bound to examine this point. moreover, when the allegation of defiance of the order and a decision of ..... court dismissing the reference of the department. so, the findings of the tribunal have reached finality. it was, he contends, the duty of the income-tax officer concerned to accept and implement the decision of the tribunal which is superior in hierarchy. 7. in the teeth of the aforesaid facts and ..... india to austria. immediately thereafter the petitioner made an application in form no. 30 under section 237 of the said act and rule 41(2) of the income-tax rules, 1962, accompanied by a return claiming refund of the aforesaid as fees earned by the petitioner are not taxable .....

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Aug 18 2000 (HC)

income Tax Officer Vs. Chloride India Ltd.

Court : Kolkata

Decided on : Aug-18-2000

Reported in : [2001]75ITD69(Cal),[2001]75ITD69(Cal)

..... scope of total income and includes all income received or deemed to be received, accrued or arisen or is. deemed to have accrued or arisen ..... income of a person of the previous year relevant to the assessment year. section 5 provides for the ..... the case of cit v. davy ashmore india ltd. : [1991]190itr626(cal) and the cbdt circular no. 333 dated 2-4-1982, in : [1982]137itr1(bom) .11. we have to examine the taxability of this income first with reference to indian tax laws and then after seeing whether any exception is provided to such assessment in india. section 4 of income tax act charges the total ..... the assessment year commencing on the 1st day of april, 1977, or the assessment year in respect of which such income first becomes chargeable to tax under this act, whichever assessment year is later, the company exercises an option by furnishing a declaration in writing to the assessing officer (such option being final for that assessment year and for .....

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Aug 16 2000 (HC)

Machino Techno Sales Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Aug-16-2000

Reported in : (2001)167CTR(Cal)125,[2001]247ITR451(Cal)

..... was allowed up to february 28, 1988. the return was not filed till october 25, 1988. on october 26, 1988, notice under section 148 of the income-tax act was issued and served, return filed only on march 30, 1989.23. in the return there was no specified note that the return was filed under section ..... for filing the return under section 139(1) of the income-tax act, 1961, was july 31, 1987. the assessee filed an application for extension of time on august 3, 1987. the time was allowed uptil october 31, ..... following question for our opinion :'whether, on the facts and circumstances of the case and on an interpretation of sections 139, 147 and 153 of the income-tax act, 1961, the tribunal was correct in holding that the assessment was not barred by limitation ?'2. for the assessment year 1987-88, the last date ..... and 1954-55 and the question was whether the loss had to be determined and carried forward under section 24(2) of the indian income-tax act, 1922, though the returns were not filed within the time specified in the general notice under section 22(1) and the time had not been ..... the return was not filed till october 25, 1988, the assessing officer has issued the notice under section 148 of the income-tax act, 1961, on october 26, 1988. the assessee has filed the return declaring income of rs. 49,65,690 on march 30, 1989.8. therefore, the limited controversy before us is whether the return .....

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Aug 14 2000 (HC)

Commissioner of Income-tax Vs. J.P. Goal

Court : Kolkata

Decided on : Aug-14-2000

Reported in : [2001]247ITR555(Cal)

..... whether, on the facts and in the circumstances of the case, the tribunal was justified in law in setting aside the order of the commissioner of income-tax under section 263 of the income-tax act, 1961, and restoring the original assessment order ?'2. the questions referred at the instance of the assessee read as under : '(1) whether, ..... on a scrutiny of the assessment proceedings for the assessment year 1981-82 in the case of this assessee, the commissioner of income-tax noticed that there was a search under section 132 of the income-tax act, 1961, at the premises of the assessee and during the search, the search party seized cash of rs. 5,09, ..... as such the same was not binding on the commissioner of income-tax who subsequently passed order under section 263 of the income-tax act, 1961 (2) whether, on the facts and in the circumstances of the case, the order passed under section 263 of the income-tax act, 1961, cancelling the assessment with a direction to make a ..... notice to the assessee under section 263 of the act of 1961. on receipt of reply to that show-cause notice, the commissioner of income-tax has considered the reply and in his opinion the assessment order of the income-tax officer under section 143(3) of the income-tax act, 1961, for the assessment year 1981-82 is ..... y.r. meena, j. 1. on an application under section 256(2) of the income-tax act, 1961, this court has directed the tribunal to refer the following questions for the opinion of this court. the question referred at .....

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Aug 14 2000 (HC)

Commissioner of Income Tax Vs. J. P. Goel (Huf)

Court : Kolkata

Decided on : Aug-14-2000

Reported in : [2000]113TAXMAN229(Cal)

..... the facts and in the circumstances of the case, the trihunal was justified in law in setting aside the order of the commissioner of income-tax under section 263 of the income tax act, 1961 and restoring the original assessment order ?'2. the questions referred at the instance of the assessee reads as under:'1. whether, on the facts and in ..... as such the same was not binding on the commissioner who sub-sequently passed order under section 263 of the income tax act, 1961?2. whether, on the facts and in the circumstances of the case, the order passed under section 263 of the income tax act, 1961 cancelling the assessment with a direction to make a fresh assessment by holding the .said assessment to be ..... meena, j.on an application under section 256(2) of the income tax act, 1961 (hereinafter referred to as 'the act') this court has directed the tribunal to refer the following questions for the opinion of this court. question referred at the instance of the revenue reads as under:'whether, on ..... receipt of reply to that show-cause notice, the commissioner has considered the reply and in his opinion the assessment order of the income tax officer under section 143(3) of the act for the assessment year 1981-82 is erroneous and prejudicial to the interest of the revenue. he concealed that order with the direction to make a fresh assessment order in .....

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Aug 09 2000 (HC)

Shankar Ghosh Vs. Wealth Tax Officer

Court : Kolkata

Decided on : Aug-09-2000

Reported in : [2001]75ITD87(Cal)

..... also be mentioned that the letter dated 17-8-1984 and the affidavit which was filed in the proceedings under section 132(5) of the income tax act by miss amrita ghosh also does not help the assessee. there is nothing to show in those letter and affidavit that those were gifted by the ..... the assessing officer had summoned miss amrita ghosh on 2-8-1974 under section 131 in the course of proceedings under section 132(5) of the income tax act. she filed written reply dated 17-8-1994 supported by an affidavit. in the said written reply with reference to ornaments and jewellery found in ..... to show that the assessee's claim was wrong. on the facts of the case we are inclined to hold that for the purposes of wealth tax act the assessee's daughter held the jewellery on the date of the search. in these circumstances and without material to the contrary, she can be ..... july, 1974. the assessee in order to cover jewellery's acquisition, made a disclosure under the voluntary disclosure of income and wealth ordinance, 1975. taking note of above disclosure, the wealth tax officer added value of the jewellery in the wealth of the assessee.3. the assessee challenged the above additions in ..... from 1958 to 1972 and given to the daughter. gifts of jewellery made in different years were below the taxable limits and, therefore, no gift-tax was paid. but statement of assessee's daughter, disclosure petition and other circumstances clearly established that miss ghosh was the owner of jewellery on the valuation .....

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Aug 03 2000 (HC)

Dr. Debi Prasad Pal Vs. General Manager, Calcutta Telephones (South) a ...

Court : Kolkata

Decided on : Aug-03-2000

Reported in : (2001)1CALLT34(HC)

..... ward-e, city circle, cuttack) at its page 618 to substantiate about the effective notice of demand, in case of similarly placed situation under income tax act.32. he also cited a judgment reported in (tarun bharat sangh, alwar v. union of india & ors.) in its page 4 (sic) ..... has got a legally vested right to telephone service in respect of that period for which rental has been paid in advance during the period for incoming calls and also for limited number of free outgoing calls. if there is a default payment of charges on one or more telephones, the authority ..... no. 474-9377 has beenwithdrawn since 15th september, 1998 and if payment particulars are notforwarded by 7th october, 1998 the authority concerned will constrain towithdraw the incoming facility and disconnect the other telephones workingin the premises of the petitioner at calcutta being no. 474-3934 and 475-2177 by 8th october, 1998.7. ..... above mentioned telephone number.however, if the payment particulars are not forwarded to us by 7.10.98, we shall be constrained to withdraw the incoming facility and disconnect the other telephones working in your name, 474-3934 and 475-2177 on 8.10.98. action taken in this regard will ..... by the parliamentary activities personally on the strength of two letters issued by the calcutta telephones on account of the mahanagar telephone nigams ltd., therefore, such act is not, on the part of the authority, available in law, notices if any, therefore, the notices if at all served under rule 442 of .....

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Aug 02 2000 (HC)

Assistant Cit Vs. Sekhar Gupta

Court : Kolkata

Decided on : Aug-02-2000

Reported in : [2001]79ITD192(Cal)

..... they are sold as one unit, if the lands are held by the assessee for a period more than that prescribed under section 2(42a) of the income tax act, namely, 36 months. it is not possible to say that by construction of the building, the land which was a long-term capital asset, has ceased ..... to land and short-term capital gains pertaining to the superstructure was upheld.7. further, the karnataka high court in the case of cit v. c.r. subramanian (2000) 159 ctr 218 (karn) observed that the capital gains arising out of the land are long-term capital gain while ..... remain as an identifiable capital asset even after construction of the building. as per the ratio laid down by the honble madras high court in the case of cit v. ramachandra rao (dr. d.l.) : [1999]236itr51(mad) where the bifurcation of the capital gains for the purpose of long-term capital gains pertaining ..... be treated alike. in support of his argument, he relied on the ratio laid down by the kerala high court in the case of vasavan v. cit (1992) 60 taxman 278 where it was held that the capital gains arising out of compensation paid to wife for acquisition of land belonging to her would ..... submitted that the structure cannot be separated from the land and both are the same unit. he said that the assessee made an attempt to avoid the tax by bifurcating the land from the building. lastly, he justified the order of the assessing officer.5. on the other hand, the learned authorised representative relied .....

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Jul 31 2000 (HC)

income Tax Officer Vs. Kalyan Kumar Roy Trust

Court : Kolkata

Decided on : Jul-31-2000

Reported in : [2001]75ITD36(Cal),[2001]75ITD36(Cal)

..... the original orders' - see - the judgment in the case of seghu buchiah setty case (supra). section 251(1)(a) of the income tax act, 1961 which is in pari materia with sections 31(3)(a) and 31(3)(b) of the income tax act, 1922 confers upon the first appellate authority the power to annul the assessment as well as the power to set aside the ..... the phrase 'assessment is set aside' means 'assessment is annulled' in accordance with the provisions of section 251 of the income tax act, 1961.23. even otherwise the phrase 'set aside' in absolute term as given in the section 251 of the act is never interpreted and never used in that sense of annulment. in section 251(1)(a) both the word 'annul' and ..... that he has no jurisdiction to do so. we are of the view that the assessee was well-founded in taking up the objection before the income tax officer. if at all the income tax officer could have acted as per the directions of the deputy commissioner (appeals) it could have been only for the purpose of deciding the issue restored to him, namely the ..... to the earlier assessment.'the contention of mr. ray has to be accepted respectfully following the judgment cited above. we find from the record that the income tax officer in the present case while purporting to act in accordance with the directions of the deputy commissioner (appeals), has called upon the assessee to produce books of account by issue of appropriate notices. the .....

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