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Judgment Search Results Home > Cases Phrase: income tax act Year: 1999 Page 6 of about 3,945 results (0.106 seconds)

Feb 05 1999 (HC)

Samta Construction Co. Vs. Pawan Kumar Sharma, Deputy Director of Inco ...

Court : Madhya Pradesh

Decided on : Feb-05-1999

Reported in : [2000]244ITR845(MP)

..... ), jbp.i have carefully considered the facts contained in the note of ddi(investigation), i am fully satisfied that this is the fit case for action undersection 132a of the income-tax act, 1961. put up warrant of authorisation.'49. mr. purohit, learned counsel, has contended that it is obligatory on the part of the competent authority to express the belief ..... being the refund of money invested by different persons enlisted above is required to be taken possession of. it is, therefore, requested that an authorisation under section 132a of the income-tax act may please be issued in the name of manager of union bank of india, main branch, jabalpur, for the assessee, samta construction co., thereby enabling the authorised officers to ..... as far as formation of opinion is concerned are satisfied. the said satisfaction reads as under : 'satisfaction note for obtaining authorisation under section 132aof the income-tax act. please see the report of the inspector of income-tax regarding unexplained investments by some persons of jabalpur in purchasing demand drafts worth rs. 72.60 lakhs. a reading of this note will reveal that the ..... the customer to the bank cannot be said to have been taken into custody by the bank to attract the applicability of the provision enshrined under section 132a of the income-tax act. resultantly, the warrant of authorisation requisitioning the same by the competent authority is totally without jurisdiction.43. before i proceed to deal with the second limb of argument .....

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Feb 12 1999 (HC)

Commissioner of Income-tax Vs. Smt. Padma Devi Jain

Court : Madhya Pradesh

Decided on : Feb-12-1999

Reported in : [2000]245ITR818(MP)

..... income or to furnish inaccurate particulars ofincome, although the statutory provisions relating to levy of penalty under section 271(1)(c) do not have ..... b.a. khan, j.1. the revenue has filed this application under section 256(2) of the income-tax act, 1961, for calling for a statement of the case from the income-tax appellate tribunal, indore bench, on the following stated questions of law, arising out of the tribunal's order dated august 29, 1997:'1. whether, on the facts and in the ..... under section 271(1)(c) ? 2. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in confirming cancellation of the penalty of rs. 1,15,000 levied by the assessing officer under section 271(1)(c) of the income-tax act holding that there is no mens rea of the assessee to conceal the ..... -92. the assessing officer rejected her claim and made addition of this amount and initiated penalty proceedings against her under section 271(1)(c) of the act. she took an appeal before the commissioner of income-tax (appeals) who vide detailed order dated april 3, 1992, accepted her explanation and concluded that the return filed by the assessee could not be treated as .....

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Feb 11 1999 (HC)

Smt. Shashi Devi Vs. Income-tax Officer and ors.

Court : Madhya Pradesh

Decided on : Feb-11-1999

Reported in : [2000]241ITR216(MP)

..... accordance with the provisions of section 65 in respect of any income chargeable to tax under the income-tax act for any assessment year for which he has failed to furnish a return under section 139 of the income-tax act, which he has failed to disclose in a return of income-tax furnished by him under the income-tax act before the date of commencement of the scheme ; which has ..... department comes to the conclusion that more than rs. 10,89,000 were spent in raising the construction they would certainly be entitled to take suitable proceedings under the income-tax act against the declarant/assessee.16. for the reasons aforesaid, i have no reason to hold that the department had no jurisdiction to issue a commission or make an investigation ..... under section 64(1) would not be admissible in evidence against the declarant and secrecy of the declaration is to be maintained under section 72.9. section 131 of the income-tax act, 1961, provides as under :'131. power regarding discovery, production of evidence, etc.--(1) the assessing officer, deputy commissioner (appeals), deputy commissioner, commissioner (appeals) and chief commissioner or commissioner ..... petition under article 226 of the constitution of india, the petitioner seeks to challenge the action of the respondents in issuing the commission under section 131(1)(d) of the income-tax act, 1961, to the valuation officer and to quash the notices dated march 5, 1998, and june 25, 1998, issued by the valuation officer and to direct the .....

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Mar 26 1999 (HC)

Sagarmal Agrawal Vs. Union of India (Uoi) and ors.

Court : Orissa

Decided on : Mar-26-1999

Reported in : 87(1999)CLT765; [1999]238ITR989(Orissa)

..... 'processing' and, whether the activities undertaken to make kendu leaves saleable and marketable condition amount to processing, as mentioned in section 20gc of the income-tax act.13. a large number of reported decisions have been cited from the bar. the following cases have been referred to in support of the case ..... that the order passed by opposite party no. 4 in annexure-3 is revisable by virtue of the provision contained in section 264 of the income-tax act and in view of the alternative remedy the writ petition is liable to be dismissed.12. we have heard learned counsel of both sides. ..... other order/direction/declaration/writ as this court may deem proper in the interest of justice . . .' 2. the petitioner is an assessee under the income-tax act and carries on business of trading in petroleum products as well as purchase and sale of processed bidi leaves. the petitioner is a permanent resident of dhenkanal ..... if it is not processing the petitioner is not entitled to obtain the certificate as envisaged under section 206c of the income-tax act. the circulars issued by the central board of direct taxes, dated january 10, 1996 and january 17, 1996, as per annexure-5 series cannot have any overriding effect upon ..... from the purchases made by such traders and, therefore, profits and gains would be computed in accordance with the other provisions of the income-tax act.'8. it is submitted on behalf of the petitioner that section 44ac has since been abolished and the same is not relevant so .....

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Feb 09 1999 (SC)

Prem Dass Vs. Income Tax Officer

Court : Supreme Court of India

Decided on : Feb-09-1999

Reported in : AIR1999SC1079; 1999(1)ALD(Cri)438; 1999(1)ALT(Cri)204; 1999(1)Crimes69(SC); (1999)152CTR(SC)79; 1999LC1(SC); [1999]236ITR683(SC); JT1999(1)SC360; 1999(1)SCALE343; (1999)5S

..... wrong verification of the statements filed in support of the return, resulting in initiation of penaltroceedings. bearing in mind the legislative intent engrafted under section 279(1a) of the income tax act and the conclusion of the learned sessions judge, on appreciation of evidence not having been reversed by the high court and the grounds of acquittal passed by the sessions judge ..... sessions judge by an elaborate and well reasoned judgment. we have no hesitation to come to the conclusion that the ingredients of offence under sections 276c and 277 of the income tax act have not been established by the prosecution beyond reasonable doubt, and therefore, the appellant cannot be convicted of the offence under the said sections.10. we also find ..... the reasons and grounds advanced by the learned sessions judge while recording an order of acquittal and by merely relying upon the presumption arising out of section 132(4a) of income tax act, reversed the order of acquittal without reversing the findings arrived at by the sessions judge on the evidence on record. the conclusion of the learned sessions judge after appreciating ..... proceeding cannot be interfered with on the basis of findings of the appellate authority or the tribunal in a penalty proceeding. with reference to section 279(1a) of the income tax act and its effect on the pending prosecution, mr. shukla submitted that the said provision has no application as the commissioner or the chief commissioner has not reduced or waived .....

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Feb 18 1999 (SC)

Ram Bai Vs. Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Feb-18-1999

Reported in : (1999)152CTR(SC)167; [1999]236ITR696(SC); JT1999(1)SC546; 1999(1)SCALE554; (1999)3SCC30; [1999]1SCR760

..... on 16.10.70. the appellant filed a return under section 139 (4) of the income-tax act (hereinafter referred to as the 'act') on 17.2.72 disclosing the interest on belated payment of compensation as her income. the i.t.o. rejected it as invalid as it was filed beyond the period prescribed ..... there is no material whatever on record to justify the issue of notice by the i.t.o. under section 147 of the act.10. the commissioner of-income-tax (appeals) and the appellate tribunal have discussed the matter in great detail and pointed out several facts which were sufficient to show ..... on the facts and in the circumstances of the case the appellate tribunal was right in holding that the reassessment proceedings initiated by the income-tax officer in this case were not valid in lawthe high court by its judgment dated 1.4.91 answered the question in the negative ..... the lands were non-agricultural. the commissioner allowed the appeal and cancelled the order of assessment under section 147(a). the department approached the income-tax appellate tribunal with an appeal but in vain as the tribunal agreed with the commissioner and confirmed his order.3. the revenue applied for reference ..... act for the year ending 31.3.65 in march, 1973 and issued a notice under section 148 on 21.4.73. he sought the sanction of the commissioner on the ground that the land acquired was not agricultural land as it had not been subjected to agricultural operation and the capital gains thereon were chargeable to income -tax .....

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Mar 09 1999 (SC)

Eastern Chemical and Minerals Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Mar-09-1999

Reported in : AIR1999SC2276; [1999]237ITR6(SC); JT1999(2)SC126; 1999(2)SCALE8; (1999)3SCC304; [1999]1SCR948

..... ) was issued in exercise of the powers conferred by section 104(3). it read thus :in exercise of the powers conferred by sub-section (3) of section 104 of the income-tax act, 1961 (43 of 1961), and in partial modification of the ministry of finance (department of revenue and insurance) notification no. s.o.2007 dated the 6th june. 1967, the central ..... s.o. no. 3210, dated 8.8.1969 and therefore the assessee would be entitled to enjoy the exemption from the operation of the provision of section 104 of the income tax act. 1961?2. as indicated in the questions, we are concerned with the assessment years 1972- 73 to 1974-75.3. to appreciate what is involved, it is necessary to set ..... out, at the outset, the provisions of section 104 of the income tax act, 1961 so far as they are relevant:104. income-tax on undistributed income of certain companies -(1) subject to the provisions of this section and of sections 105, 106, 107 and 107a, where the ..... was right in holding that having regard to the notification under section 104(3) of the income tax act, 1961 in s.o. no. 3210, dated 8.8.1969 issued by the government the asses-see was not liable to pay additional tax under section 104 of the income tax act, 1961 for any of the assessment years from 1972-73 to 1974-75?2. whether on .....

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Mar 23 1999 (SC)

Universal Plast Limited Etc. Vs. Commissioner of Income Tax, Calcutta

Court : Supreme Court of India

Decided on : Mar-23-1999

Reported in : AIR1999SC1641; [1999]237ITR454(SC); JT1999(2)SC377; 1999(2)SCALE243; (1999)5SCC189; [1999]2SCR131

..... hotel. the lease amount provided separately for running of the building and hire charges for furniture and fixtures. the question that fell for consideration was whether the rent income was business income taxable under the income tax act, 1922? it was held that as the assessee never carried on any business of a hotel in the premises let out or otherwise at all and there ..... is filed by the assessee universal plast limited - from the judgment and order of a division bench of the calcutta high court in income tax reference no. 17 of 1991 under section 256(2) of the income tax act, 1961 [for short, 'the act'] passed on february 6, 1992 [hereinafter referred to as 'upl case'].2. civil appeals nos. 1685-87 and 1700 of 1999 @ ..... of the lease; the intention of the appellant was found to go out of business altogether, therefore the income was not assessable as business income.17. commissioner of income tax, lucknow v. vikram cotton mills ltd. : [1988]169itr597(sc) is again a case arising under the income tax act, 1922. one of the creditors filed a petition in the high court for winding up. the industrial ..... conclusion was reached on the premise that the term 'business' as defined in that act was wider than the definition of that term under the income tax act the minority, however, took a contrary view.15. in sultan brothers private ltd. v. commissioner of income tax, bombay city-11 : [1964]51itr353(sc) , the assessee constructed a building, fitted it up with furniture and fixtures and .....

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Mar 23 1999 (SC)

Premier Cable Co. Ltd. Vs. Commissioner of Income Tax, Cochin

Court : Supreme Court of India

Decided on : Mar-23-1999

Reported in : AIR1999SC1232; [1999]237ITR202(SC); JT1999(2)SC504; 1999(2)SCALE334; (1999)3SCC367; [1999]2SCR143

..... whereof commended on 1st april, 1974 and ended on 30th september, 1975, was made after the procedure under section 144b of the income tax act, 1961, had been followed. the order of assessment was reopened by the commissioner of income tax under section 263(1). the commissioner took the view that the assessment order was erroneous and prejudicial to the interest of the revenue ..... in the circumstances of the case, was the tribunal right in holding that the commissioner of income tax had jurisdiction under section 263 of the income tax act to revise the order of the income tax officer passed after obtaining directions from the inspecting assistant commissioner under section 144b of the act ?(ii) whether on the facts and in the circumstances of the case, was the appellate ..... preceding the assessment year: and to the provisions of section 4 which deals with the charge of income tax and reads thus:charge of income-tax.4(1) where any central act enacts the income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with, and subject ..... previous year of every person:provided that where by virtue of any provision of this act income-tax is to be charged in respect of the income of a period other than the previous year, income-tax shall be charged accordingly.(2) in respect of income chargeable under sub-section (1), income-tax shall be deducted at the source or paid in advance, where it is so .....

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Apr 01 1999 (SC)

Orissa State Warehousing Corporation Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Apr-01-1999

Reported in : AIR1999SC1388; (1999)153CTR(SC)177; [1999]237ITR589(SC); JT1999(2)SC527; 1999(2)SCALE420; (1999)4SCC197; [1999]2SCR383

..... , by the grant of special leave against the judgments of the high courts of orissa and rajasthan, centers round the interpretation of section 10(29) of the income tax act, 1961 (hereinafter referred to as 'the act').2. before however, proceeding further in these matters, it will be convenient to note that hearing of these appeals was taken up together by consent of the ..... . (emphasis supplied)22. dr. pal relying upon the said decision very strongly contended that this court was considering section 14(3)(iv) of the income tax act 1922 which is in pari materia with section 10(29) of the act and the decision of this court can be treated to be a direct authority for the proposition that widest possible interpretation ought to be ..... the marketing of the commodities as envisaged under section 10(29). the tribunal, however, at the instance of the revenue referred the following question under section 256(1) of the income-tax act for the assessment year 1974-75 to 1982-83 to the high court- the question being:whether on the facts and circumstances of the case the ..... court are right in the view adopted by them. as was observed by the gujarat high court in cit v. ahmedabad maskati cloth dealers co-operative warehouses society ltd. : [1986]162itr142(guj) , while considering the analogous provision of section 80p(2xe) of the income-tax act, 1961, the provision for exemption was intended to encourage co-operative societies to construct warehouses which were likely .....

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