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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Year: 2017 Page 1 of about 324 results (0.087 seconds)

Dec 18 2017 (HC)

Tarun Roy Vs. The State of Jharkhand Through the Superintendent of Pol ...

Court : Jharkhand

Decided on : Dec-18-2017

..... consultant pvt. ltd., and (iv) m/s. zoom infrabuild pvt. ltd., were drastically reduced. the said orders were passed in terms of the provisions laid down in the income tax act. the central bureau of investigation has made out a case that these orders were passed without considering the relevant legal provisions and contentions raised by the department. thus, i find ..... 4 of the companies mentioned in the first information report, is of the view that there are probabilities that similar type of benefits may have been provided by the income tax officers to other companies, as such they are investigating that aspect also. he submits that pursuant to the last order passed by this court, central bureau of investigation ..... , has set aside the original assessment orders. he submits that after setting aside the assessment orders, the matters were remanded for fresh decision and the petitioner being the income tax officer, took into consideration the observations and directions 3 made in the orders passed by tapas kumar dutta and thereafter passed the reassessment orders. he submits that there is ..... with section 13(1)(d) and 15 of the prevention of corruption act, 1988.2. the allegations in the first information report is that one tapas kumar dutta, principal commissioner of income tax, ranchi entered into a criminal conspiracy with other income tax officers and other persons and thereafter transferred the income tax files of several assesses from kolkata to ranchi and hazaribagh. further, as .....

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Dec 18 2017 (HC)

Vinod Kumar Pal Vs. The State of Jharkhand Through Cbi

Court : Jharkhand

Decided on : Dec-18-2017

..... of the companies, i.e., m/s. rajrath merchants pvt. ltd. was drastically reduced. the said order was passed in terms of the provisions laid down in the income tax act. the central bureau of investigation has made out a case that this order was passed without considering the relevant legal provisions and contentions raised by the department. thus, i find ..... position, has set aside the original assessment order. he submits that after setting aside the assessment order, the matter was remanded for fresh decision and the petitioner being the income tax officer, took into consideration the observations and direction made in the order passed by tapas kumar dutta and thereafter passed the reassessment order. he submits that there is no ..... accused persons including this petitioner.4. after completion of investigation, chargesheet has been filed in this case, which has been brought on record. 2 5. this petitioner is an income tax officer. the allegation against this petitioner is that in respect of one company, in the name and style of m/s. rajrath merchants pvt. ltd., this petitioner issued notice ..... read with section 13(1)(d) and 15 of the prevention of corruption act.2. the allegations in the first information report is that one tapas kumar dutta, principal commissioner of income tax, ranchi entered into a criminal conspiracy with other income tax officers and other persons and thereafter transferred the income tax files of several assesses from kolkata to ranchi and hazaribagh. further, as a .....

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Dec 18 2017 (HC)

Sunil Kumar Gupta Vs. Union of India Through the Central Bureau of Inv ...

Court : Jharkhand

Decided on : Dec-18-2017

..... pvt. ltd., and (iii) g.r.d. finance pvt. ltd. were drastically reduced. the said 5 orders were passed in terms of the provisions laid down in the income tax act. the central bureau of investigation has made out a case that these orders were passed without considering the relevant legal provisions and contentions raised by the department. thus, i find ..... respect of the companies mentioned in the first information report, is of the view that there are probabilities that similar type of benefits may have been provided by the income tax officers to other companies, as such they are investigating that aspect also. he submits that pursuant to the last order passed by this court, central bureau of investigation ..... position, has set aside the original assessment orders. he submits that after setting aside the assessment orders, the matters were remanded for fresh decision and the petitioner being the income tax officer, took into consideration the observations and directions made in the orders passed by tapas kumar dutta and thereafter passed the reassessment orders. he submits that there is no ..... with section 13(1)(d) and 15 of the prevention of corruption act, 1988.2. the allegations in the first information report is that one tapas kumar dutta, principal commissioner of income tax, ranchi entered into a criminal conspiracy with other income tax officers and other persons and thereafter transferred the income tax files of several assesses from kolkata to ranchi and hazaribagh. further, as .....

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Dec 18 2017 (HC)

Ranjit Kumar Lal Vs. The State of Jharkhand Through the Superintendent ...

Court : Jharkhand

Decided on : Dec-18-2017

..... of the companies, i.e., m/s. finlick distributors pvt. ltd. was drastically reduced. the said order was passed in terms of the provisions laid down in the income tax act. the central bureau of investigation has made out a case that this order was passed without considering the relevant legal provisions and contentions raised by the department. thus, i find ..... position, has set aside the original assessment order. he submits that after setting aside the assessment order, the matter was remanded for fresh decision and the petitioner being the income tax officer, took into consideration the observations and direction made in the order passed by tapas kumar dutta and thereafter passed the reassessment order. he submits that there is no ..... accused persons including this petitioner.4. after completion of investigation, chargesheet has been filed in this case, which has been brought on record. 2 5. this petitioner is an income tax officer. the allegation against this petitioner is that in respect of one company, in the name and style of m/s. finlick distributors pvt. ltd., this petitioner issued ..... (2) read with section 13(1)(d) of the prevention of corruption act.2. the allegations in the first information report is that one tapas kumar dutta, principal commissioner of income tax, ranchi entered into a criminal conspiracy with other income tax officers and other persons and thereafter transferred the income tax files of several assesses from kolkata to ranchi and hazaribagh. further, as .....

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Dec 15 2017 (SC)

Macquarie Bank Limited Vs. Shilpi Cable Technologies Ltd

Court : Supreme Court of India

Decided on : Dec-15-2017

..... ed 2d 383 :417. us653(1974)]. ). more recently, in binoy viswam v. union of india (2017) 7 scc59at 132, this court construed the income tax act, 1961 and the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 harmoniously in the following manner: 98. in view of the above, we are not impressed by the contention of the petitioners that ..... override the advocates act as there is no inconsistency between section 9, read with the adjudicating authority rules and ..... or not. on the other hand, purpose behind enacting section 139-aa of the act is to check a menace of black money as well 64 as money laundering and also to widen the income tax net so as to cover those persons who are evading the payment of tax. 36. the non-obstante clause contained in section 238 of the code will not ..... and section 35 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 were held not to override specific provisions contained in the bombay sales tax act, 1959 and the kerala sales tax act 1963 dealing with a declaration of a first charge in the following terms: 130. undisputedly, the two enactments do not contain provision similar to the workmen .....

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Dec 05 2017 (SC)

The Deputy Commissioner of Income Tax Circle 11 (1) Bangalore Vs. M/S ...

Court : Supreme Court of India

Decided on : Dec-05-2017

..... new industrial undertaking which had not been formed by transfer of earlier business in terms of section 15c of the income tax act, 1922. after recording a finding of fact that the assessee was a genuine new industrial undertaking, it was observed that a provision of a ..... assessment year 2005-2006 at rs.1,79,82,653/-. however, the commissioner of income tax, interfered with the assessment under section 263 to the extent it allowed deduction under section 80 ib(3) of the income tax act, 1961 (the act) and directed fresh decision on the said issue vide order dated 16th january, 2009 ..... . thereafter, the assessing authority on 14th december, 2009 disallowed the claim of rs.75,81,910/- towards deduction under section 80 (b(3). the same was upheld by the commissioner in appeal and the income tax ..... it was eligible in the initial year. each assessment year is a separate unit.17. in citizen cooperative society limited versus assistant commissioner of income tax, circle-9(1), hyderabad2 this court considered the incentive under section 80-p meant for a primary agricultural credit society or a primary cooperative ..... because that violates the principles of consistency. but it also laid down that under the i.t. act each year is a separate unit of assessment and taxable income as well as tax liability are to be determined keeping in view of the facts prevailing in that year and the law as .....

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Nov 23 2017 (SC)

Director of Income Tax New Delhi Vs. M/S s.r.m.b.diary Farming (P) Ltd ...

Court : Supreme Court of India

Decided on : Nov-23-2017

..... circular dated 9th february, 2011, should not be applied ipso facto, particularly, when the matter has a cascading effect. there are cases under the income tax act, 1961, in which a common principle may be involved in subsequent group of matters or large number of matters. in our view, in such ..... revenue department being accepted by the department. these circulars have been given statutory recognition having been issued under section 268a of the income tax act, 1961 (hereinafter referred to as the it act ). 1 8. the judgment took note of the fact that the madras high court, kerala high court, chhattisgarh high court ..... the field.20. unfortunately, this order was not brought to the notice of the subsequent two judges bench of this court in commissioner of income tax-vii, new delhi v. suman dhamija10 again arising from a delhi high court order, wherein it was simply stated that since the appeals were ..... the pending cases in appeal in various courts and tribunals on the date of the circular/instruction. b. bombay high court:13. commissioner of income tax v. pithwa engg. works2: this judgment of the division bench pertains to the circular dated 27.3.2000 enhancing the previous limit but the ..... view. high courts of the view that the circular in question would apply to pending appeals as well: a. karnataka high court: commissioner of income tax, bangalore v. ranka & ranka1. the issue was squarely addressed by the division bench of the karnataka high court recognizing that the concept of providing .....

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Nov 23 2017 (SC)

Nikesh Tarachand Shah Vs. Union of India

Court : Supreme Court of India

Decided on : Nov-23-2017

..... fill the vacancy, enters upon his office; (i) the appellant before the appellate tribunal may be authorised to engage any authorised representative as defined under section 288 of the income-tax act, 1961, (j) the punishment for vexatious search and for false information may be enhanced from three months imprisonment to two years imprisonment, or fine of rupees ten thousand to fine ..... prevention of money-laundering bill, 1998 was introduced in the lok sabha on the 4th august, the standing 1998. the bill was referred for to 4 to (e) relating required income-tax committee on finance, which presented its report on the 4th march, 1999 to the lok sabha. the recommendations of the standing committee accepted by the central government are that (a ..... exchange board of india act 1992, customs act 1962, bonded labour system (abolition) act 1976, child labour (prohibition and regulation) act 1986, transplantation of human organs act 1994, juvenile justice (care and protection of children) act 2000, emigration act 1983, passports act 1967, foreigners act 1946, copyright act 1957, trademarks act 1999, information technology act 47 2000, biological diversity act 2002, protection of plant and farmers rights act 2001, environmental protection act 1986, water (prevention .....

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Nov 10 2017 (SC)

M/S. Srd Nutrients pvt.ltd. Vs. Commissioner of cent.excise, Guwahati

Court : Supreme Court of India

Decided on : Nov-10-2017

..... effect to the north eastern industrial promotion policy 1997 (neipp97. there are no provisions for any refund/exemption of service tax. it is further stated that in respect of income tax, exemption is granted under section 80ic of the income tax act. when we confronted the learned senior counsel with the fact that it does not give specific answer to the query raised ..... nos. 2781-2790 of 2010 & ors. page 14 of 30 case also, more so, when notification dated october 06, 2007 exempting service tax was pari materia. he also pointed out that under similar circumstances, income tax department has been refunding the education cess. he also argued that in the scenario where there are two divergent views and two possible interpretations, ..... revenue, it is inconsistent with the policy intention of the government to exempt education cess in addition to service tax, where 'whole of service tax' stands exempted. according to section 95(1) of finance (no.2) act, 2004 and section 140(1) of finance act, 2007, education cess and secondary and higher education cess are leviable and collected as service ..... been received from the field formations, seeking clarification regarding the applicability of service tax exemption to education cess (refers to both education cess leviable under finance (no.2) act, 2004 and secondary and higher education cess leviable under finance act, 2007), under notifications where 'whole of service tax' stands.exempted. apparently the doubt arises in the civil appeal nos. 2781- .....

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Nov 10 2017 (SC)

Rohit Tandon Vs. The Enforcement Directorate

Court : Supreme Court of India

Decided on : Nov-10-2017

..... possession of demonetized currency in one sense, ostensibly, may appear to be only a facet of unaccounted money in reference to the provisions of the income tax act or other taxation laws. however, the stated activity allegedly indulged into by the accused named in the commission of predicate offence is replete with mens ..... ii/2016 registered on 16th december, 2016 by enforcement directorate for offences under sections 3/4 of the act of 2002. further, during a raid conducted jointly by the crime branch and income tax 15 department on 10th december, 2016 at around 10.00 p.m. at the office premises of the ..... dispel the legal presumption of the property being proceeds of crime. similarly, the fact that the appellant has made declaration in the income tax returns and paid tax as per law does not extricate the appellant from disclosing the source of its receipt. no provision in the taxation laws has been ..... of rs.2000/ amounting to rs.2.62 crore. in addition, the appellant had surrendered rs.128 crore during the raid conducted by the income tax department on 6/8 october, 2016 in his office and residential premises. no reliable and credible documents were forthcoming from the appellant about the ..... actions of accused persons as mentioned in the fir attract implications and as such the correct authority to investigate into the same is the income tax department and not the ed. per contra, learned special prosecutor for ed submitted that accused only cooperated in the investigation in ecir no.14 .....

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