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Judgment Search Results Home > Cases Phrase: income tax act Year: 1999 Page 13 of about 3,945 results (0.114 seconds)

Dec 03 1999 (HC)

V.M. Salgaocar and Brothers (P.) Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Dec-03-1999

Reported in : [2001]250ITR682(KAR); [2001]250ITR682(Karn); [2001]119TAXMAN576(Kar)

..... indicate the presence of the closing stock relating to the chips could give rise to a reasonable belief as envisaged under section 147(a) of the income-tax act, and in that view in concluding that the assessing officer had the jurisdiction to initiate proceedings under section 147(a) of the ..... indicate the presence of the closing stock relating to the chips could give rise to a reasonable belief as envisaged under section 147(a) of the income-tax act, and in that view in concluding that the assessing officer had the jurisdiction to initiate proceedings under section 147(a) of the ..... tribunal, bangalore bench, has referred the following question of law under section 256(1) of the income-tax act, 1961, in respect of the assessment year 1977-78 :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding ..... that by reason of omission or failure on the part of the assessee to disclose fully and truly all material facts which are necessary for assessment, the income chargeable to tax had escaped assessment. at the time of initiation of proceeding's it has to be seen by the assessing officer that the assessee has not fully and ..... reasonable belief in the mind of the assessing officer that on account of omission on the part of the assessee to disclose the existence of this item, income chargeable to tax had escaped assessment. the tribunal also found that so far as chips were concerned, the main argument of the assessee was that the value of this particular .....

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Dec 09 1999 (HC)

Gayathri Textiles Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Dec-09-1999

Reported in : (2000)160CTR(Kar)339; [2000]243ITR674(KAR); [2000]243ITR674(Karn)

..... of the case, whether the tribunal is right in remanding the matter to the income-tax officer to pass a fresh penalty order afresh ?' 2. the facts of the ..... obtain the previous permission from the inspecting assistant commissioner of income-tax for imposingthe penalty under section 271(1)(c) is only a procedural error and it is not fatal to the order of penalty passed under section 271(1)(c) of the income-tax act, 1961 ? 2. on the facts and in the circumstances ..... in view of an illegality which had occurred during the course of the assessment proceedings. on receipt ofthe record, it was open to the income-tax officer to take up the matter from the point at which the illegality supervened and to correct his proceeding's. it was pointed out in ..... it is not fatal to the order of penalty passed under section 271(1)(c) of the i.t. act, 1961 ; and the tribunal was right in remanding the matter to the income-tax officer to pass fresh penalty order.5. the reference is answered in favour of the revenue and against theassessee. ..... act is only a procedural irregularity not involving the question of jurisdiction. in the case of guduthur bros. v. ito : [1960]40itr298(sc) , notice for penalty was issued but opportunity of hearing was not1 given. the appellate assistant commissioner set aside the order imposing' the penalty as defective and directed the refund. the income-tax .....

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Mar 05 1999 (HC)

V.B. Desai and anr. (L/Rs. of Late B.J. Desai) Vs. Administrative Offi ...

Court : Karnataka

Decided on : Mar-05-1999

Reported in : [2003]260ITR273(KAR); [2003]260ITR273(Karn)

..... the firm alone is before the settlement commission, then, a different view could have been taken.5. i have considered over the matter.6. section 155(2)(c) of the income-tax act provides that assessment of a member of an association or body of individuals could be amended on any order passed under sub-section (4) of section 245d on the application ..... opportunity to surrender and to have the matter settled through the settlement commission. the decision of the settlement commission is made final and conclusive by section 245-i of the income-tax act, 1961.section 245l declares all proceedings before the settlement commission to be judicial proceedings. the provision for settlement would show that it is in the nature of statutory arbitration to ..... of fact recorded by the commission. the court would interfere with the order of the settlement commission only if it was found to be contrary to the provisions of the income-tax act. reliance is also placed on the decision given in the case of n. krishnan v. settlement commission : [1989]180itr585(kar) wherein, it was observed that, the power of judicial review ..... applicant and the partners will be paid in eight quarterly instalments, the first instalment starting after 35 days of service of demand notice. interest under section 220(2) of the income-tax act was to be charged from the firm as well as the partners with the last quarterly instalments. it was also observed that the settlement shall be declared void if either .....

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Jun 08 1999 (HC)

R. Surya Kumari Vs. Income Tax Officer, Visakhapatnam and Others

Court : Andhra Pradesh

Decided on : Jun-08-1999

Reported in : 2000(1)ALD411; [2000]241ITR513(AP)

..... -12-1998 reads as follows:'with reference to the above subject, i am to inform you that your application for issue of clearance certificate under section 230-a of the income tax act cannot be entertained because proceedings of the anti-corruption bureau, visakhapatnam, initiated in your husband,sri k mohana rao's case are pending and as seen from the record, these ..... defeat the other arm of law. doing so would be opposed to public policy and bring the law into ridicule. it would be wrong to think that while actingunder the income-tax act, the income-tax officer need not look to the law governing the partnership which is seeking registration. it would probably have been a different matter if the ..... partnership agreement. repelling the argument that the provisions of the excise law cannot be imported while considering the application for registration filed under the income tax law, the learned judges observed as under:'the grant of registration under the income-tax act, it must be remembered, confers a substantial benefit upon the partnership firm and its members. there is no reason why such a benefit ..... himself that the applicant has either paid or made satisfactory provision for payment of all 'existing liabilities' under the income tax act and other allied acts or the registration of the document will not prejudicially affect the recovery of any existing liability under the various acts mentioned in clause (a) of sub-section (1) of section 230-a. admittedly, there is no demand pending .....

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Feb 06 1999 (HC)

Commissioner of Income Tax, Ap-i, Hyderabad Vs. M/S. Orbit Travel and ...

Court : Andhra Pradesh

Decided on : Feb-06-1999

Reported in : 1999(3)ALD343

..... the department has. however, addressed us on the following questions which bring out the real controversy :whether the assessing officer exceeded his jurisdiction under section 143(1)(a) of the income tax act by making adjustments in such a way as to exclude the unabsorbed depreciation in calculating the loss for the purpose of section 115-j. in other words, whether the adjustment ..... that the adjustment made by the assessing officer while processing the return under section 143(1)(a) was not in accordance with the provisions of section 115-j of the income tax act;'3. at the outset, we may point out that the question framed in itc 94/98 and the second question framed in the other itcs do not arise for consideration ..... views can reasonably be taken in the matter. the question whether the loss includes depreciation for the purpose of arriving at the income under section 115-j of the income tax act was admittedly the subject matter of controversy before various benches of income-tax appellate tribunal and there was no unanimity of view. it was only in march, 1992 that the hyderabad bench of the ..... income tax appellate tribunal resolved the issue in favour of the revenue and against the assessee. this view of the tribunal was confirmed much later .....

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Aug 02 1999 (HC)

Ch. Mangayamma Vs. Union of India and Others

Court : Andhra Pradesh

Decided on : Aug-02-1999

Reported in : 1999(5)ALD220; 1999(5)ALT484; [1999]239ITR687(AP)

..... orderb. prakash rao, j.1.this writ petition is filed challenging the validity of section 40a(3) of the income tax act, 1961 (for short 'the act') which disallows 20% of cash payments in excess of rs.20,000/-in the computation of business expenditure as being arbitrary and ..... reads:'(j) where the payment is made by an assessee by way of salary to his employee after deducting the income tax from salary in accordance with the provisions of section 192 of the act and when such employee- (a) is temporarily posted for a continuous period of fifteen days or more in a ..... for a direction to delete the addition of rs.6,83,258/- in the income tax assessment of the petitioner.2. skeletal facts which prompted the filing of the writ petition are: the petitioner is an assesee under the act. originally her husband was carrying on the business of purchase and sale of cool ..... v. i.t.o., ludhiana, 191 itr 687,wherein the constitutional validity of section 40-a(3) of the act was questioned on the ground that imposition of tax on assumed income amounts to putting a restriction on the right to carry on business and hence violative of articles 14 and 19(1)(g ..... , the supreme court while considering the validity of the provisions under sections 44ac and 206c of the act on the touch-stone of article 14 of the constitution held:'the relevant entry therein (taxes on income other than agricultural income) should be liberally construed. there were sufficient materials before parliament to hold that due to very many .....

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Aug 16 1999 (HC)

Anand Samrat and Company Vs. Income-tax Officer, Hyderabad

Court : Andhra Pradesh

Decided on : Aug-16-1999

Reported in : 1999(5)ALD552; 1999(6)ALT759; [1999]240ITR852(AP)

..... orderp. venkatarama reddi, j.1. questioning the notice dated 30-3-1988 issued by the respondent in purported exercise of power under section 148 read with section 147 of the income tax act, the present writ petition was filed in the year 1988. further proceedings pursuant to the notice were stayed by this court.2. the undisputed facts are that on 2-7- ..... 30th march,1988. the respondent having referred to the order of the tribunal and previous history of the case, merely observed that the addition towards suppressed sales made by the income tax officer was lesser than the quantum of probable suppression having regard to the entries in the diary recovered at the time of search operations. the respondent then concluded that by ..... also allowing deductions under section 80-g etc. the departmental appeal as regards the valuation of closing stock was remitted to the income tax officer for fresh determination. as regards certain items, the assessee's appeal was also remanded to the assessing authority for fresh determination. that order has become final. on 19-2 ..... .55 lakhs on the basis of the material recovered in the course of search. the appeal filed by the petitioner against the assessment was partly allowed by the commissioner of income tax (appeals) on 27-3-1986. thereafter, a second appeal was filed by the assessee seeking further relief. the tribunal partly allowed the appeal by ordering reduction in the estimate and .....

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Jan 19 1999 (HC)

City Dry Fish Company, Vijayawada Vs. Commissioner of Income Tax, Visa ...

Court : Andhra Pradesh

Decided on : Jan-19-1999

Reported in : 1999(6)ALD104; [1999]238ITR63(AP)

..... came up pursuant to the application made by the assessee under section 256(2) of the income tax act, 1961, aggrieved by the action of the tribunal in refusing to made a reference.2. the assessee was a partnership firm consisting originally of ..... for reference and then ordering the reference, which will take another decade.3. to the above extent, the impugned order of the income-tax appellate tribunal is set aside. now, the concerned income-tax officer, shall decide the details of the profit sharing ratio of the outgoing partners and then arrive at the balance and pass orders ..... amount, precisely, taken by the said partners was not available and as such, for the ascertainment of the same, the case was remitted back to the income-tax officer. the order of the tribunal is to the effect that an amount of rs.85,622/- pertained to the year previous to the assessment year 1980- ..... rs.85,622/- negativing the claim of the assessee that the same was the reserve of the previous year and was already subjected to tax. the matter ultimately landed in the income-tax appellate tribunal, hyderabad bench, which by its order dated 30-12-1987 held that six partners who had retired had taken away their ..... 81 and was available as reserve and as such, the order ofthe income-tax officer clubbing that amount of rs.85,622/- as the income for the assessment year 1980-81 stood set aside. as a necessary corollary, the levy of penalty on the above component .....

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Jun 16 1999 (HC)

Commissioner of Income-tax Vs. Navabharat Ferro Alloys Ltd.

Court : Andhra Pradesh

Decided on : Jun-16-1999

Reported in : [2000]244ITR261(AP)

..... the authority to change the composition and the number and that, therefore, this court held that there was 'business connection' falling within the meaning of section 9(1) of the income-tax act. therefore, it is argued that the said judgment is squarely applicable to the facts of the present case. while dealing with the case in bharat heavy plate. and vessels limited ..... same as noted in the first agreement referred to above. on the basis of the two agreements, the income-tax officer held that the assessee-company is liable to pay tax as it acted as an agent of the foreign company under section 163 of the income-tax act and as there is business connection between the indian company and the foreign company.3. on appeal, the ..... income-tax act. the facts of the present case are on all fours with the judgment in cit v. hindustan shipyard ltd. : [1977]109itr158(ap) .8. we, therefore, are of the opinion that the tribunal is right in its view that there is ..... effective fulfilment of the contract of sale, it cannot be said that the indian company is an agent of the foreign company within the meaning of section 9 of the income-tax act and there is no business connection between the foreign company and the indian company within the meaning of section 163 of the .....

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Dec 28 1999 (HC)

Ch. Patel Agencies Vs. Assistant Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Dec-28-1999

Reported in : [2000]243ITR768(AP)

..... .1. in this application under section 256(2) of the income-tax act, 1961, the assessee seeks reference of the following questions :'1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is correct in its conclusion that the assessee cannot support the grounds taken before the commissioner of income-tax (appeals) by taking up a new plea in respect ..... of learned counsel for the petitioner is that the tribunal's conclusion is vitiated by a legally wrong approach that a new plea cannot be entertained by the commissioner of income-tax (appeals). we find it difficult to accept this contention. in accordance with the agreement reached by the assessee and its supplier company, viz., utkal asbestos limited, for the cost of ..... assessee-firm for the assessment year 1986-87 ?3. whether, on the facts and in the circumstances of the case, the conclusion of the income-tax appellate tribunal that the sum of rs. 1,11,892 is liable to tax, is perverse or supported by any material on record or based on no material or unreasonable ?4. whether, on the facts and in ..... utkal asbestos limited and, therefore, a sum of rs. 1,11,892 was not reflected in the trading account as income. this explanation was not accepted by the assessing officer. hence, it was added to the income. before the commissioner of income-tax (appeals), it was contended that the assessee was not able to realize the disputed amount and what was realized was only .....

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