Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Year: 1999 Page 8 of about 3,945 results (0.127 seconds)

Sep 23 1999 (HC)

Commissioner of Income Tax Delhi-iv Vs. Union Tyres, Delhi

Court : Delhi

Decided on : Sep-23-1999

Reported in : 1999VIAD(Delhi)238; (1999)157CTR(Del)286; 82(1999)DLT584; [1999]240ITR556(Delhi)

..... orderd.k. jain, j.1. pursuant to the directions issued by this court under section 256(2) of the income tax act, 1961 (for short 'the act'), the income tax appellate tribunal (for short 'the tribunal') has referred the following question for the opinion of this court:'whether on the facts and in the circumstances of the case, ..... decisions on the point. we will notice a few decisions which we consider are relevant to answer the question referred. in cit, bombay vs . shapoor ji pallonji mistry : [1962]44itr891(sc) , while construing the corresponding provisions of the indian income-tax act, 1922, relating to the jurisdiction of the appellate commissioner in such an appeal, the supreme court held that, in an ..... appeal filed by the assessee, the appellate assistant commissioner has no power to enhance the assessment by discovering a new source of income, not considered by the income-tax officer in the order appealed against. ..... question for consideration is whether the directions by the appellate assistant commissioner to the income-tax officer to conduct enquiry and furnish information on the aforenoted four points fell within the ambit of his powers under section 251(1)(a) of the act?.8. section 251 of the act prescribes the power of the appellate assistant commissioner, now commissioner (appeals). section 251 .....

Tag this Judgment!

Aug 30 1999 (HC)

Delhi Farming and Const. Pvt. Ltd. Vs. Ass. Comm. of Income-tax, Circl ...

Court : Delhi

Decided on : Aug-30-1999

Reported in : 1999VIAD(Delhi)509; ILR1999Delhi349; [1999]240ITR127(Delhi)

..... impugn the validity of notices, all dated 30th march, 1989, issued by the assistant commissioner of income-tax, investigation circle-i(1), new delhi under section 148 of the income tax act, 1961 (for short 'the act'), pro-posing to re-assess the petitioner in respect of assessment years 1972-73 to 1983-84 ..... greater detail. 3. the petitioner, earlier known as m/s. delhi cattle breeding farm (p) ltd. till february 1983, is assessed to income-tax in the status of a company and its accounting period ended on 30th june of each of the relevant years. certain agricultural lands, in which ..... old section 147, as it existed prior to its amendment by direct taxes laws(amendment) act, 1987 would be applicable to the facts at hand. section 147 material for our purpose, reads as follows : '147. if - (a) the income-tax officer has reason to believe that, by reason of the omission or ..... failure on the part of an assessed to make a return under section 139 for any assessment year to the income- tax ..... on the interest income, which relates to several past years, no provision for tax has been made in the accounts for the year. extract of balance sheet notes - 1. the company has made reference petition under section 18 of the land acquisition act for enhancement of compensation which is still pending .....

Tag this Judgment!

Jul 05 1999 (HC)

Commissioner of Income Tax Vs. the Punjab and Sind Bank Ltd., New Delh ...

Court : Delhi

Decided on : Jul-05-1999

Reported in : 1999VAD(Delhi)511; (2000)161CTR(Del)501; 81(1999)DLT529; [1999]239ITR343(Delhi)

..... . 1. at the instance of the revenue, the income tax appellate tribunal has referred under section 256(1) of the income tax act, 1961 (for short the act) the following questions for the opinion of this court: 1. whether on the facts and in the circumstances of the case, the tribunal is correct in law in directing the income-tax officer to assess the interest from securities on ..... by or on behalf of a local authority or a company or a corporation established by a central, state or provincial act. (2) nothing contained in sub-section (1) shall be construed as precluding an assessed from being charged to income tax in respect of any interest securities received by him in a previous year if such interest had not been charged to ..... income tax for any earlier previous year.' 5. on a bare reading of section 18 of the act, it is clear that income from interest on securities is chargeable to tax under sub-section (1) of the section only on due basis and the same can be charged ..... on securities was correctly declared by the assessed in the revised return which could be brought to tax in the relevant assessment year under section 18 of the act. support is lent to this view by a decision of the karnataka high court in commissioner of income tax vs . canara bank : [1992]195itr66(kar) . 6. regarding question no. 2 as noticed above, the assessor .....

Tag this Judgment!

Jul 27 1999 (HC)

Commissioner of Income-tax Vs. Aggarwal Pipe Co.

Court : Delhi

Decided on : Jul-27-1999

Reported in : [1999]240ITR880(Delhi)

..... , 1961 ?2. whether the income-tax appellate tribunal is correct in facts and law in holding that the revenue ..... filed this petition under section 256(2) of the income-tax act, 1961 (for short 'the act'), seeking a direction to the income-tax appellate tribunal to state the case and refer the following questions for the opinion of this court ;'1. whether, on the facts and circumstances of the case, the income tax appellate tribunal was correct in law in dismissing department's appeal against the commissioner ..... of income-tax (appeals) order cancelling penalty of rs. 64,136 levied under section 271(1)(c) of the income-tax act .....

Tag this Judgment!

Feb 19 1999 (HC)

Gadore Tools Pvt. Ltd., New Delhi Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Feb-19-1999

Reported in : (2000)161CTR(Del)472

..... referred at the behest of revenue deserve to be answered in favor of the revenue in view of the amendments incorporated in the income tax act, 1961 by the finance act, 1990. finance act, 1990 incorporated clause (iiib) to section 28 of the income tax act, 1961 with effect from 1.4.1967 to the effect that cash assistance (by whatever name called) received or receivable by any ..... been made retrospectively with effect from 1.4.1967. clause (vb) in sub-section (24) of section 2 of the income tax act, 1961 was also incorporated by the finance act, 1990 with effect from 1.4.1967 that income includes any sum chargeable to income tax under clause (iiib) of section 28. thus the c.c.s. receipts received from the government would be taxable receipts ..... 30.6.1974. related assessment under section 144 of the income tax act, 1961 was framed on 30.3.1978. the assessed preferred appeal, which was decided by commissioner of income tax (appeals)-viii on 31.1.1979. assessed as well as revenue filed appeals before the income tax appellate tribunal against the said order of commissioner of income tax (appeals) delhi on 30.3.1979 and 5.5 ..... gains within the meaning of section 28(1) or section 28(iv) of the income tax act, 1961 but constituted a receipt on capital account only? 4. whether the tribunal rightly upheld the commissioner of income tax (a) order that the assessed was entitled to weighted deduction under section 35b of the act on commission of rs.12,10,893/- as export sales? 5. whether the .....

Tag this Judgment!

Mar 10 1999 (HC)

Pradeep Maheswari Vs. Commissioner of Income-tax and ors.

Court : Kerala

Decided on : Mar-10-1999

Reported in : (1999)156CTR(Ker)337; [2001]250ITR453(Ker)

..... and considering the nature of business and the accounting operation, on february 3, 1995, a proposal was sent to the commissioner of income-tax, cochin, requesting for a special audit under section 142(2a) of the income-tax act, 1961. the commissioner of income-tax approved the audit and issued an order under section 142(2a) directing the assessee to get his accounts audited by shri t ..... . n. radhakrishnan, chartered accountant. the assessment was completed levying a tax of rs. 7,60,433. the chartered accountant submitted a bill with details ..... fees of audit under section 142(2a). the petitioner challenges exhibit p-l order. on going through exhibit p-l order, it can be seen that the chief commissioner of income-tax has applied his mind and 30 per cent, of the bill of the chartered accountant was disallowed and only balance was allowed. of course, in a particular case where it .....

Tag this Judgment!

Nov 27 1999 (HC)

Commissioner of Income-tax Vs. Geo Sea Foods

Court : Kerala

Decided on : Nov-27-1999

Reported in : [2000]244ITR44(Ker)

..... , c.j.1. pursuant to a direction given by this court in o. p. no. 11602 of 1993 under section 256(2) of the income-tax act, 1961 (in short, 'the act'), the following question has been referred by the income-tax appellate tribunal, cochin bench (in short, 'the tribunal'), for the opinion of this court :'whether, on the facts and in the circumstances of the ..... case, the tribunal is right in law and fact in cancelling penalty under section 271(1)(c) of the income-tax act, 1961 ?'2. the background facts are as follows : the assessee, a partnership firm, is engaged in the business of processing and export of sea foods. for the assessment year 1977 ..... 13 of its order has affirmed the said reasoning and conclusion of the commissioner of income-tax. we are of the view that the concurrent finding, entered by the commissioner of income-tax and the tribunal that the payment in question is a payment under section 40(b) of the income-tax act is justified in law.'4. in the proceeding initiated under section 271(1)(c ..... ) of the act, the assessing officer imposed penalty of rs. 2,50,000 by order dated october .....

Tag this Judgment!

Nov 09 1999 (HC)

Commissioner of Income-tax Vs. Maulana Tea Co.

Court : Kerala

Decided on : Nov-09-1999

Reported in : [2000]244ITR589(Ker)

..... case, the tribunal is right in law and fact in cancelling the penalty levied under section 271b of the income-tax act 2. whether, interpretation of the amnesty scheme/circulars by the tribunal is correct 3. whether, on the facts and in the circumstances of the case, the tribunal is right in ..... arijit pasayat, c.j. 1. accepting the revenue's prayer i'or a reference in terms of section 256(1) of the income-tax act, 1961 (in short, the act), the income-tax appellate tribunal, cochin bench (in short, 'the tribunal'), has referred the following questions for the opinion of this court : '1. whether, on the facts and in the circumstances of the ..... to, voluntarily and in good faith, make a full and true disclosure of his concealed income, prior to its detection by the income-tax officer, and then make an application to the commissioner of income-tax for the reduction or waiver of penalty and interest under section 273a of the income-tax act.' circular no, 432 (f. no. 225/86/85-ita-ii), dated september 20, 1985/ november ..... , where applicable answer.--where the compulsory deposit is payable under the law, it will have to be paid. instructions are issued to the income-tax officer not to levy penalty under the compulsory deposit scheme (income-tax payers) act.' 6. on a bare reading of the relevant portions of the circulars referred to above, it is clear that there was total immunity from penal proceedings .....

Tag this Judgment!

Nov 27 1999 (HC)

Commissioner of Income-tax Vs. Premier Breweries Ltd.

Court : Kerala

Decided on : Nov-27-1999

Reported in : [2000]244ITR598(Ker)

..... arijit pasayat, c.j.1. pursuant to the direction given by this court in an application under section 256(2) of the income-tax act, 1961 (in short, 'the act'), the following question has been referred for opinion by the income-tax appellate tribunal, cochin bench (in short, 'the tribunal') : 'whether, on the facts and in the circumstances of the case, the tribunal was justified ..... and used against it and it had not been furnished with copies of the same. overruling the objection, the deputy commissioner of income-tax (appeals) levied penalty under section 271(1)(c) of the act. on appeal, the commissioner of income-tax (appeals) after referring to its earlier findings, observed that the explanation offered by the assessee was false and the amount added ..... rebut the materials collected and that there was violation of the principles of natural justice. the assessee also produced certain evidence in its defence. the commissioner of income-tax (appeals) (in short, 'the cit(a)'), declined to admit the evidence on the ground that they were produced for the first time before him. he sustained the assessment on the basis of ..... to its income represented its concealed income and the levy of penalty was justified. the assessee went in appeal before the tribunal. 3. after .....

Tag this Judgment!

Dec 18 1999 (HC)

Commissioner of Income-tax Vs. Kishorekumar Shamji

Court : Kerala

Decided on : Dec-18-1999

Reported in : (2000)161CTR(Ker)225; [2000]244ITR702(Ker)

..... by this court in original petition no. 7516 of 1985, the following questions have been referred by the income-tax appellate tribunal, cochin bench (in short, 'the tribunal'), at the instance of the revenue, under section 256(2) of the income-tax act, 1961 (in short, 'the act') :'1. whether, on the facts and in the circumstances of the case, and particularly in the light ..... were found out during the reassessment proceedings. there was no challenge to the order of reassessment. the income-tax officer initiated proceedings for imposition of penalty under section 271(1)(c) of the act. the assessee pleaded that there was no concealment. but the income-tax officer imposed a minimum penalty of rs. 4,00,652, which was confirmed in appeal by the ..... the inspecting assistant commissioner.explanation i.--where in respect of any facts material to the computation of the total income of any person under this act,-- (a) such person fails to offer an explanation or offers an explanation which is found by the income-tax officer or the appellate assistant commissioner to be false, or (b) such person offers an explanation which he ..... commissioner of income-tax (appeals) (in short, 'the cit(a)'). the matter was carried by the assessee in appeal before the tribunal. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //