Court : Patna
Decided on : Aug-24-2007
..... etc. on behalf of revenue, however, the matter was referred to this court under section 256(2) of the income tax act who have heard counsel for the parties and perused the order passed by the assessing officer, the appellate authority and the income tax tribunal.4. mr. l.n. rastogi, learned senior counsel appearing on behalf of applicant submitted that onus had ..... question of law which was referred to this court reads as follows:whether on the facts and in the circumstances of the case, the income tax appellate tribunal was justified in deleting the addition made by the income tax officer on account of 'auto-rickshow difference' as appearing from the documents seized from the premises of the assessee?3. the short facts ..... . 12 lacs and odd. accordingly, the assessment officer directed for addition. the matter went to the income tax appellate authority where also appeal filed by the assessee was dismissed. the matter ultimately went to the income tax tribunal at the behest of the assessee. income tax tribunal on appreciation of facts and submissions of the parties, held that the assessing authorities had not directed ..... references are as follows:the business premises of the assessee was searched on 18.7.2005 on the information received by the department that the assessee was not paying taxes commensurate with income derived from the business. in course of search and seizure, several documents were seized pertaining to dealing of auto-rickshaw and the authorities came to a conclusion .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-15-2007
Reported in : (2008)215CTR(Kar)267; 298ITR268(KAR); 298ITR268(Karn)
..... senior counsel appearing for the counsel for the appellant contends that all the authorities did not consider the provisions of section 48(i) of the income tax act, properly. according to him, while computing capital gains under section 48(i), any expenditure incurred wholly and exclusively in connection with the transfer of the property has to be deducted ..... present appeal is filed, raising the following substantial question of law:whether the assessee can claim deduction incurred by her while computing capital gains under section 48(1) of the income tax act towards the expenses incurred by the executors for legal and professional charges and court fee expenses?3. we have heard the learned counsel for the parties.4. sri sarangan, ..... the property. the court, while doubting the genuineness of the claim of the assessee therein has rejected the contention of the assessee. here the assessing officer or the commissioner of income tax (appeals) are not doubting the claim made by the assessee. but the contention of the assessing officer in the instant case is that the amount claimed by the assessee ..... has to be treated as expenditure in order to transfer the property. our view is supported by the judgment of the bombay high court in the case of commissioner of income tax (appeals) v. miss. piroja c patil reported in : 242itr582(bom) . in the aforesaid case, certain eviction proceedings were initiated to evict the unauthorised occupant from the land. due .....Tag this Judgment!
Court : Delhi
Decided on : May-16-2007
Reported in : (2007)211CTR(Del)48; 292ITR22(Delhi)
..... 243b of the act. the assessment order was, of course, passed on the basis that the petitioner ..... the assessment year 2003-04, the petitioner filed a nil return of income.2. unfortunately for the petitioner, the assessing officer did not agree with it and, thereforee, assessed its income under section 143(3) of the income tax act, 1961 (the act) and raised a demand of rs. 37.47 crores by way of tax and rs. 14.05 crores by way of interest under section ..... went on to say that if this healthy rule is not followed, the result will not only be undue harassment to assessed but chaos in the administration of tax laws.13. in commissioner of income tax, bhopal v. ralson industries ltd. (2007) 2 scc 326, the supreme court held:when an order is passed by a higher authority, the lower authority is bound ..... .3. feeling aggrieved by the order passed by the assessing officer, the petitioner preferred an appeal which is pending before the commissioner of income tax (appeals) [cit (a)]. before the appellate authority, the petitioner asked for a stay of deposit of the tax and interest and it seems that the petitioner was asked to indicate, according to it, the amount due by way of .....Tag this Judgment!
Court : Delhi
Decided on : Mar-30-2007
Reported in : (2007)210CTR(Del)349; 291ITR331(Delhi)
..... the commissioner as well as by the tribunal is incorrect and that is why this appeal under section 260a of the income-tax act, 1961, has been preferred.9. during the course of arguments, our attention was invited to the cit v. sitaldas tirathdas : 41itr367(sc) . in this case the supreme court dealt with a situation of ..... amount was liable to be deducted by the assessed at source.5. feeling aggrieved, the assessed preferred an appeal before the commissioner of income-tax (appeals) and the contention urged was that citizens tax is a statutory levy on all japanese citizens and is required to be withheld by the employer from the salary of the employee ..... 1. the revenue is aggrieved by an order dated march 10, 2006, passed by the income-tax appellate tribunal, delhi bench 'a' in i.t.a. no. 3030 to 3040/del/2001 relevant for the financial years 1988-89 to 1998-99 ..... which we are concerned in this appeal, is an amount that never reaches the employee and is, thereforee, not a part of his income. the question of deducting tax at source on this amount, thereforee, does not arise.11. our attention has also been drawn to the fact that two appellate authorities have ..... the extent of the amount payable and, thereforee, it ought to be excluded from the computation of the taxable income.6. while dealing with this argument, the commissioner accepted the contention that the payment of citizens tax is mandatory for all japanese citizens and it is required to be withheld by the employer and paid over .....Tag this Judgment!
Court : Chennai
Decided on : Jun-04-2007
Reported in : 293ITR357(Mad)
..... 11.1998 admitting a loss of rs. 10,25,985/-. the return of loss was processed under section 143(1)(a) of the income-tax act ('act' in short) on 30.03.1999 determining a total income of rs. 6,28,470/-. the assessment was revised on 10.10.2000 determining a loss of rs. 10,25,985/-. later ..... p.p.s. janarthana raja, j.1. this appeal is filed under section 260a of the income tax act, 1961 by the revenue, against the order of the income tax appellate tribunal, madras bench-b, madras in i.t.a. no. 361(mds)/2002 dated 12.12.2002. on 01.12.2003, this ..... senior counsel appearing for the assessee submitted that the issue now stands covered against the revenue by this court's unreported judgment in the case of commissioner of income-tax v. india equipment leasing ltd., madras in t.c.(a) nos. 744 and 349 of 2004 dated 24.09.2004. hence the order of the ..... the assessing officer rejected the contention and completed the assessment under section 143(3) of the act and determined the total income at rs. 2,78,83,950/-. aggrieved by the order, the assessee filed an appeal to the commissioner of income-tax (appeals). the c.i.t.(a) dismissed the appeal filed by the assessee and confirmed ..... up for scrutiny and the assessing officer issued notice under section 143(2) of the act. the assessing officer noticed that in the profit and loss account for the previous year and in the memo of the total income prepared for income-tax purpose for the year ending thereof, the assessee had not admitted the interest accrued .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-27-2007
Reported in : (2007)109BOMLR1900; (2007)213CTR(Bom)161; 299ITR329(Bom)
..... that the commissioner (appeals) cannot entertain an appeal with regard to the quantum/waiver of the interest levied under section 139(8) and 217(1a) of the income-tax act, 1961?2. the assessment years relevant herein are assessment years 1972-73 and 1976-77.3. the original assessee shri s.p. patel (hereinafter referred to as ..... questions of law for the opinion of this court under section 256(1) of the income tax act, 1961.1. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that credit for the tax deducted at source from the dividends was to be given to the firm and not ..... the credit of the tds instead of the firm. mr. rao further submitted that on a plain reading of section 199 of the act read with rule 30a(vii) of the income tax rules, it is clear that where the shares belong to a firm but are held in the name of any of its partner, ..... not to the share-holder. thus, the first proviso to section 199 of the act read with rule 30a of the income tax rules inter alia provide for giving credit of tax deducted at source to the firm where the dividend income is to be taxed in the hands of the firm and not the shareholder.12. in the present ..... of credit of the tds to the firm/partners were contained in section 199 of the act and rule 30a of the income tax rules, 1961. the said provisions, to the extent relevant for the purpose herein, read thus:credit for tax deducted.199. any deduction made in accordance with the provisions of sections 192 to 194, .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-24-2007
Reported in : (2009)221CTR(Kar)471; 301ITR66(KAR); 301ITR66(Karn)
..... the income-tax act. though notice was served, assessee did not send any response. again one more show cause notice was issued for which ..... -ii), bangalore dated 31.3.1995 in appeal no. ita. 16/dcsr-5/cit(a)-ii/93-94. deputy commissioner of income-tax ((assessments), special range-v, bangalore, issued a show cause notice to the assessee under section 274 r/w section 271 of the income tax act calling upon the assessee why penalty on assessee should not be levied under section 271(i)(c) of ..... basis for the deputy commissioner to levy penalty of rs. 7,97,000/- under section 271(i)(c) of the act when there is no concealment. aggrieved by the orders of the commissioner of income-tax, department filed an appeal before the income-tax appellate tribunal which appeal has also been dismissed on 29.6.2001 confirming the orders of the appellate authority. being aggrieved ..... to consider the cause shown by the assessee.4. in the instant case, both the commissioner of income-tax as well as the income-tax appellate tribunal have held that the revenue has failed to discharge its initial burden and that section 271(1)(c) of the act is not attracted. but we are unable to subscribe to the view expressed by the commissioner of .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-15-2007
Reported in : (2008)215CTR(Kar)262; ILR2008KAR1832; 298ITR390(KAR); 298ITR390(Karn); 2008(1)KCCR329; 2008(2)AIRKarR77
..... contrary to the documentary evidence had given a finding to the effect that the assessee was not willing to prove the burden cast upon hint under section 68 of the income tax act. the tribunal having found that the findings of the commissioner of appeals was contrary to the documentary evidence and the statement made by the assessee has rightly reversed the ..... by the revenue.5. mr. sheshachala, the learned counsel for the revenue contends that in view of specific provision under section 255(3) of the income tax act, when the subject matter of the appeal before the income tax appellate tribunal was more than rs. 5,00,000/- a single member of the tribunal could not have heard and disposed of the appeal on ..... was accepted by the assessing officer and that the assessee was willing to produce the evidence as required under section 68 of the income tax act, to show that he had availed the loan from various agriculturists and the income tax appellate commissioner without there being any evidence had reversed the findings of the assessing officer allowed the appeal of the assessee.being aggrieved ..... officer or by an appellate authority. the word, assessing officer is defined under section 2(7a) of the income tax act which reads as hereunder:'assessing officer' means the asst. commissioner (or deputy commissioner)) or asst. director) (or deputy director) or the income-tax officer who is vested with the relevant jurisdiction by virtue of the directions or orders issued under sub-section ( .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-23-2007
Reported in : (2008)214CTR(AP)28; 299ITR191(AP)
..... appellate order arising out of the assessment made by the assistant commissioner (investigation), could not be treated as a direction contemplated under section 153(3)(ii) of the income-tax act and his action in remitting the matter for denovo consideration by the appropriate authority did not save limitation. these facts are also reflected in the statement of case. since ..... in that view of the matter the limitation got extended to eight years as per clause (b) of sub-section (1) of section 153 of the income tax act. the commissioner of income tax (appeals), however, observed that though the assessment was not barred by limitation, the assessment was completed hurriedly to save limitation resulting in denial of reasonable opportunity to ..... one among a group of companies whose activities were largely confined to visakhapatnam. in order to facilitate a detailed and coordinated investigation the chief commissioner of income tax, hyderabad, under section 127(2) of the income tax act, passed order dated 28.07.1988 transferring the asessee's case from the file of the assistant commissioner, company circle, hyderabad to the file ..... is a company carrying on business in trading of steel bars and hiring of cylinders etc. on 24.02.1987, a search was conducted under section 132 of the income tax act, both in its business premises and the residential premises of its directors. according to the department, valuable incriminating material was found including introduction of certain bogus credits by .....Tag this Judgment!
Court : Jharkhand
Decided on : Feb-08-2007
Reported in : 2007(2)BLJR1097
..... involved, they have been heard together and are disposed of by this common order. 2. these appeals have been filed under section 260a of the income tax act 1961 challenging the order passed by the income tax appellate tribunal, patna bench, patna whereby the tribunal dismissed the appeal filed by the revenue and further allowed cross objection filed by the respondent-assessee.3 ..... counsel further submitted that the tribunal ought not to have expunged paragraph 8 of the appellate order passed by cit (appeal) which is contrary to the provision of section 251(1)(a) of the income tax act.6. mr. binod poddar, learned senior counsel raised preliminary objection that the instant appeal is not maintainable, inasmuch as no substantial question of law ..... is involved. learned counsel submitted that appellant has not complied the requirement of section 260a of the act and preferred this appeal without formulating substantial question ..... show cause notice to the respondent as to why reassessment proceeding should not be initiated under section 147 of the act for escape assessment. notices were issued under section 148 of the act with the approval of the commissioner of income tax, ranchi. notices under section 142(1) was also issued to the respondent for production of books of account and .....Tag this Judgment!