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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Year: 2000 Page 8 of about 119 results (0.031 seconds)

Mar 21 2000 (HC)

Soma Finance and Leasing Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Mar-21-2000

Reported in : (2000)161CTR(Cal)291,[2000]244ITR440(Cal)

..... 1. on an application under section 256(1) of the income-tax act, 1961, the tribunal has referred the following questions for our opinion : '1. whether, on the facts and in the circumstances of the case, the tribunal was justified in law by upholding the order of the commissioner of income-tax (appeals) holding that the appellant is entitled for depreciation at 30 per cent, and ..... rates in two different types of cases the mistake is apparent, if the rate is not applied for which the assessee is entitled. 6. the findings of the income-tax officer, the commissioner of income-tax (appeals) and the tribunal are that the vehicles in question are not run by the assessee on hire. when those vehicles are not run by the assessee on ..... . therefore, a notice under section 154 was issued and the mistake was corrected by order under section 154 of the act on march 4, 1991. in appeal, the view taken by the income tax officer rectifying the mistake was upheld by the commissioner of income-tax (appeals) as well as by the tribunal. 4. none appeared on the date of hearing though the matter was ..... said vehicles, the assessee claimed depreciation at the rate of 40 per cent, as provided in part i, item iiie(ia) of appendix-i of the depreciation schedule to the income-tax rules. the claim of the assessee was allowed by the assessing officer while passing the original assessment order on december 19, 1989. subsequently, the mistake was found that the assessee .....

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Mar 15 2000 (HC)

Prantosh Sinha Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Mar-15-2000

Reported in : (2000)2CALLT208(HC),[2000(87)FLR162],2000LabIC1536

..... legislature, the same may be supplied by the executive government.23. in surajtnull nagarmull v. commissioner of income tax, reported in : air1961cal578 , a special bench of this court was considering the provisions of section 37 of the income tax act, 1922 which authorised any income tax officer specially authorised by the commissioner to do certain things 'subject to any rules made in this behalf.' ..... . this judgment takes us to nowhere. by section 37 of the income tax act, 1922 certain powers to do certain acts had been conferred. by using the words 'subject to any rules made ..... no rule was made and the special bench held that doing of the acts as mentioned in the said section by the income tax officer is permissible even without any rules ..... of certain lands in favour of the appellant. that writ petition was dismissed in llmlne. the appellant thereupon under section 33 of the displaced persons (compensation and rehabilitation) act. 1954 challenged the order cancelling the permanent settlement right conferred upon the appellant. that application was rejected, which was challenged by filing yet another writ petition. in that .....

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Mar 14 2000 (HC)

Commissioner of Income-tax Vs. Carbo Industrial Holdings Ltd.

Court : Kolkata

Decided on : Mar-14-2000

Reported in : (2000)161CTR(Cal)282,[2000]244ITR422(Cal)

..... m. choudhury. the assessee was directed to produce the brokers. he could not produce the brokers and requested for issue of summons under section 131 of the income-tax act. dhelia and santhalia--they did not comply with the summons. prahlad r. rameshwarlal appeared with books. after examination of the broker, rameshwarlal, and in the absence ..... y.r. meena, j.1. on an application under section 256(1) of the income-tax act, 1961, the tribunal has referred the following question set out at page 2 of the statement of case for our opinion :'whether, ..... the transaction in shares is not genuine. therefore, he disallowed the aforesaid loss.3. in appeal before the commissioner of income-tax (appeals), the commissioner of income-tax (appeals) also has upheld the order of the income-tax officer on this account that the share loss is not genuine.4. in appeal before the tribunal, the tribunal has ..... us to consider the case on the merits, whether the conclusion of the tribunal regarding the genuineness of loss is based on the material on record. the income-tax officer has annexed the details of transactions of shares which read as under :contract datebill dateno. of sharesamount (rs.)name of brokersj. k. synthetics ltd. ..... 7 of its order and allowed the appeal of the assessee.5. mr. shah, learned counsel appearing for the revenue, submits that on scrutiny, the income-tax officer found that some shares are purchased and sold on the same date even some sales have been shown to a third party, though he did .....

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Mar 14 2000 (HC)

Commissioner of Income-tax Vs. J.K. Industries Ltd.

Court : Kolkata

Decided on : Mar-14-2000

Reported in : (2000)158CTR(Cal)17,[2000]245ITR457(Cal)

..... for the assessment years 1991-92 and 1992-93, without giving any intimation in writing to the respondent-company, as required under section 245 of the income-tax act, 1961. the details of amount of refund, dates of order of set-off and dates of communication of set-off, are as under :amount ..... the act, is a prior intimation of the proposed action for adjustment. in the case of suresh b. jain v. a. n. shaikh, sixteenth ito : [1987]165itr151(bom) , the bombay high court observed at page 153 as under:'a mere perusal of this section makes it clear that the income-tax officer may ..... intimation in writing to such person of the proposed action. shri devadhar, learned counsel appearing on behalf of the respondents, had to concede that the income-tax officer did not give any intimation to the petitioner before making adjustment while passing the assessment order for the assessment year 1983-84. in my judgment ..... , the action of the income-tax officer is wholly illegal and the respondents were clearly in error in not refunding the amount of rs. 4,26,090 to the petitioner forthwith ..... are in favour of the assessee that opportunity should be given to the assessee if any refund is set off against the tax liability under section 245 of the act. the order without intimation is nonest and their lordships even have observed in some cases that unless the statute prohibits a .....

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Mar 14 2000 (HC)

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

Court : Kolkata

Decided on : Mar-14-2000

Reported in : (2001)165CTR(Cal)218,[2000]111TAXMAN369(Cal)

..... various high courts and has taken the view that no adjustment can be made of the refund due to the assessee, against any tax arrears, without intimation to the assessee as required under section 245 of the income tax act, 1961 income tax act.4. heard i he learned counsel for the appellants, shri roy chowdhury submits that though the intimation was not given before set-off ..... of tile amount due against the assessee but after setting off the amount against tax arrears the intimation was given and the assessee has not raised ..... person, but only after giving intimation in writing to such person of the proposed action. shri devadhar, learned counsel appearing on behalf of the respondents, had to concede that the income tax officer did not give any intimation to the petitioner before making adjustment while passing the assessment order for the assessment year 1983-84. in my judgment, the action of the ..... respondents were clearly in error in not refunding the amount of rs. 4,26,090 to the petitioner forthwith.' (p. 153)9. in the case of hira lal & sons v. income tax officer : [1985]156itr30(all) , the allahabad high court has observed as under:'. . . the petitioner's grievance in this respect is well-founded. it is, therefore, necessary to quash that part .....

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Mar 13 2000 (HC)

Commissioner of Income-tax Vs. Nikunja Behari Das (Legal Representativ ...

Court : Kolkata

Decided on : Mar-13-2000

Reported in : [2000]244ITR244(Cal)

..... assessee. again, the cash book, ledger, gold jewellery register and also seized excise books were examined. the income-tax officer has also examined the regular books of account, showing the transaction in gold and jewellery and noticed the inspector's report on perusal of the book no. 1, book ..... seized material some additions were made in the hands of the assessee, for the assessment years 1974-75 and 1975-76 on an application under section 264, the commissioner of income-tax has directed the assessing officer to re-examine the seized material. the notice under section 143(2) was served on the assessee, nikunja behari das, the legal representative of the ..... by nikunja behari das belonged to his father, only on the ground that the licence was in the name of his father.5. for the purpose of income-tax, the income belonged to a person who earns it and not to the person in whose name the business is carried on. when there is a finding that during the relevant period ..... . accordingly, we answer both the questions in the affirmative, i.e., infavour of the assessee and against the revenue. the application is accordingly disposed of. 10. all parties are to act on the operative portion of this judgment on theusual undertaking. .....

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Mar 08 2000 (TRI)

Deputy Commissioner of Vs. Tribeni Tissues Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Mar-08-2000

Reported in : (2001)77ITD67(Kol.)

..... august, 1992 on the following ground :-- "that on the facts and in the circumstances of the case, the learned commissioner of income-tax (appeals)-vi, calcutta erred in holding that the assessing officer wrongly in taxing the sum of rs. 61,75,888 under section 41(1) of the income-tax act, 1961 as there was no finality in respect of the liability of the purchase ..... tax." 2. briefly stated, the relevant facts giving rise to this appeal are that under the u.p. sales tax act, purchase tax was levied on the assessee. the assessee did not accept the levy but paid the ..... amount under protest. the dy. commissioner of income-tax (appeals) confirmed the order of the commercial tax officer. the assessee filed second appeal before the sales tax tribunal and the tribunal held by its order dated 20th september ..... that an amount which had been earlier allowed as a deduction while computing the income chargeable under the head "profits and gains of business or profession" can only be b subjected to income-tax in a subsequent assessment year by invoking the provisions of section 41(1) of the act and in this regard placed reliance on the decision of the supreme court in .....

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Mar 08 2000 (HC)

Deputy Commissioner of Income Tax Vs. Tribeni Tissues Ltd.

Court : Kolkata

Decided on : Mar-08-2000

Reported in : [2000]77ITD67(Cal)

..... . sales tax act, purchase tax was levied on the assessee. the assessee did not accept the levy but paid the ..... case, the learned commissioner (appeals)-vi, calcutta erred in holding that the assessing officer wrongly in taxing the sum of rs. 61,75,888 under section 41(1) of the income tax act, 1961 as there was no finality in respect of the liability of the purchase tax.'2. briefly stated, the relevant facts giving rise to this appeal are that under the u.p ..... submitted that an amount which had been earlier allowed as a deduction while computing the income chargeable under the head 'profits and gains of business or profession' can only be subjected to income-tax in a subsequent assessment year by invoking the provisions of section 41(1) of the act and in this regard placed reliance on the decision of the supreme court in ..... said that there was cessation of the liability for the purpose of section 41(1) of the act. the assessee took the plea before the learned commissioner (appeals) relying on the decision given in the case of j.k. synthetics ltd. v. o.s. bajpai, income tax officer : [1976]105itr864(all) that in view of the pendency of the appeal before the allahabad .....

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Mar 07 2000 (HC)

Mukherjee Estate (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Mar-07-2000

Reported in : (2000)161CTR(Cal)470,[2000]244ITR1(Cal)

1. on a reference application under section 256(1) of the income-tax act,1961, the tribunal has referred the following question for our opinion :'(1) whether, on the facts and in the circumstances of the case, thetribunal was justified in holding' that the ..... the assessee to various companies for display of their respective advertisements is vitiated by reason of ignoring important and relevant evidence produced at the time of the hearing before the income-tax authorities and/or on record (3) whether the finding of the tribunal based on wrong assumption that the hoardings were put up by the assessee itself is not perverse ?' 2 ..... of the assessee consists of letting out on hire of cinema hall, service charges, realised from the various house properties and share dealing. during the course of the assessment, the income-tax officer has also noticed that the assessee has realised, inter alia, a total sum of rs. 51,864 on account of display of hoardings of various concerns on top of ..... the assessee's building for advertisement purpose. the income-tax officer did not treat the realisation on account of letting out for display of hoardings of various concerns as income from house property and assessed this income as income from other sources. in appeal, the commissioner of income-tax (appeals) has allowed the claim of the assessee that the receipt of rs .....

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Mar 06 2000 (HC)

Commissioner of Income-tax Vs. Smt. Bharati C. Kothari

Court : Kolkata

Decided on : Mar-06-2000

Reported in : [2000]244ITR352(Cal)

..... -198310,0005-7-198310,00027-7-198310,00014-11-198350,00021-1-198420,0003-3-198410,0003. the assessee claimed the benefit of exemption under section 54(1) of the income-tax act, 1961. according to the assessing officer, the assessee is entitled to only the benefit to the extent of rs. 30,000 which she has invested during two years from the ..... y.r. meena, j.1. on an application under section 256(1) of the income-tax act, 1961, the following question set out at page 2 of the application, has been referred by the tribunal for our opinion :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the assessee is entitled to exemption under ..... which a transfer took place purchased, or has within a period of three years after that date constructed a residential house, then, instead of capital gain being charged to income-tax as income of the previous year in which the transfer took place, it shall be dealt with in accordance with the provisions in the section.9. the admitted facts are that the ..... date of sale.4. in appeal before the deputy commissioner of income-tax (appeals), the deputy commissioner of income-tax (appeals) dismissed the appeal of the assessee.5. in appeal before the tribunal, the tribunal has considered the decision of the andhra pradesh high court in the .....

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