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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Year: 2016 Page 1 of about 100 results (0.032 seconds)

Dec 22 2016 (HC)

M/S. Korp Resources Pvt. Ltd. and Anr. Vs. Deputy Commissioner of Inco ...

Court : Kolkata

Decided on : Dec-22-2016

..... judgment which is set out hereinbelow: we see no justifiable reason to interfere with the order under challenge. however, we clarify that when a notice under section 148 of the income tax act is issued, the proper cours.of action for the noticee is to file return and if he so desires, to seek reasons for issuing notices. the assessing officer is bound ..... cav on : 06.10.2016 judgment on : 22.12.2016 arijit banerjee, j.(1) in this writ application the petitioners challenge notices issued by the income tax department under section 148 read with section 147 of the it act, 1961 pertaining to the assessment years 2007-08 to 2011-12 and other consequential notices. (2) the respondent no.1 issued five notices all dated ..... found by further enquiry or investigation, whether the transaction was genuine or not, if on the basis of subsequent information, the income-tax officer arrives at a conclusion, after satisfying the twin conditions prescribed in section 147(a) of the act, that the assessee had not made a full and true disclosure of the material facts at the time of original assessment and ..... 4 march, 2014, the petitioner company requested the assessing officer for copies of reasons recorded for the issuance of the notices under section 148 of the it act. (4) by five separate letters dated 7 march, 2014 the office of the deputy commissioner of income tax, circle 3, calcutta communicated to the petitioner company the reasons for issuing notices under section 148 of the .....

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Dec 15 2016 (HC)

Utanka Roy Vs. Director of Income Tax, International Taxation

Court : Kolkata

Decided on : Dec-15-2016

..... the respondents : md.nizamuddin, advocate hearing concluded on judgment on : december 1, 2016 : december 15, 2016 debangsu basak, j.:- the petitioner has assailed an order under section 264 of the income tax act, 1961. learned advocate for the petitioner has submitted that, the petitioner was working as a marine engineer and had rendered services as such to a foreign shipping company during the ..... income to be assessable under the income tax act, 1961. it, however, does compute the tax liability. the second portion relates to the exemption receivable by the petitioner and notes that, such exemptions have not been claimed by the petitioner. it ..... received rs.27,92,417/- from his employer during the assessment year in question instead of the sum of rs.5,63,850/-. the proceedings under section 264 of the income tax act, 1961 was disposed of by the impugned order dated september 25, 2013. there are two parts to the impugned order. the firs.part finds the petitioner s ..... mills ltd.(supra) the hon ble supreme court has held that, there is a duty cast upon the income tax officer to apply the relevant provisions of the income tax act for the purpose of determining the true figure of the assessee s taxable income and the consequential tax liability. in the event, the assessee fails to claim benefits or a set of, it cannot relieve the .....

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Dec 08 2016 (HC)

Price Water House and Anr. Vs. Commissioner of Income Taxxix and Ors.

Court : Kolkata

Decided on : Dec-08-2016

..... subject matter of challenge in the two writ petitions is a reference made by the respondent no.3 (assistant commissioner of income tax) to the transfer pricing officer (in short tpo ) under sec. 92ca(1) of the income tax act, 1961 (in short the it act ) communicated by the respondent no.3 vide his letter dated 4 april, 2014, a notice dated 4 april, 2014 issued by ..... the respondent no.3 under sec. 142(1) of the income tax act and a notice dated 6 june, 2014 issued under sec. 92ca(1) read with sec. 92d of the income tax act issued by the tpo relating to the assessment year 2011-12 and the proceedings in pursuance of such notice. the reference ..... contemplated pursuant to such reference are or would be bad in law. he submitted that the reference is ultra vires the income tax act since the conditions precedent for a transaction to be international transaction within the meaning of sec. 92b of the income tax act are not fulfilled even assuming the correctness of the allegations based on which the impugned reference has been made. (4 ..... ).sec. 92b (meaning of international transaction).sec. 92ca (reference to transfer pricing officer) and sec. 92f(iii) (definition of enterprise) of the income tax act. the main argument of mr.pal hinges on sec. 92a and sec. 92ca(1) of the it act and the same are set out hereunder:s. 92a:-meaning of associated enterprise_(1) for the purposes of this section and sections .....

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Oct 05 2016 (HC)

Sesa International Ltd. and Anr. Vs. Director General of Foreign Trade ...

Court : Kolkata

Decided on : Oct-05-2016

..... it accrues or arises to him. effectiveness of the device depends not upon considerations of morality but on the operation of the income tax act legislative injunction in taxing statutes may not, except on peril of penalty, be violated, but it may lawfully be circumvented. (30) learned counsel finally ..... devoid of any meaning or application. he also relied on a decision of the apex court in the case of the commissioner of income tax, gujarat-vs.-m/s.raman and co., air1968sc49 wherein at paragraph 9 of the judgment, the hon ble supreme court observed, inter alia, as follows ..... customs duty is nothing but central excise duty and is charged at the same rate. he also referred to sec. 3 of the customs tariff act, 1975 which provides for additional duty. he submitted that the additional duty has been introduced to strike parity between indigenous manufacturers and importers.while indigenous ..... on dfia. (15) he then referred to sec. 3(a) of the central excise act, 1944 which states that there shall be levied and collected a duty of excise to be called the central value added tax (cenvat) on all excisable goods including goods produced or manufactured in special economic zones which ..... are produced and manufactured in india, at the rates set forth in the firs.schedule to the central excise tariff act. under the cenvant credit rules, 2004 a .....

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Oct 04 2016 (HC)

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

Court : Kolkata

Decided on : Oct-04-2016

..... ) 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

Decided on : Oct-04-2016

..... 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

Decided on : Sep-23-2016

..... . 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

Decided on : Sep-15-2016

..... 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

Decided on : Aug-30-2016

..... ).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

Decided on : Aug-23-2016

..... 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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