Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Mar-31-2014
..... issued to the applicant is quite arbitrary, without having jurisdiction and without proper application of mind. the charge against him is that he passed orders under section 264 of the income tax act, 1961 in a reckless manner and without exercising due diligence. there is no doubt that if decisions taken by a quasi judicial authority are in pursuance to corrupt or improper ..... have opposed the submissions made by the learned counsel for the applicant. they have stated that contrary to what is mentioned by the applicant, there is no provision in the income tax act to file an appeal against an order under section 264. in fact, there is a great responsibility on the officer invoking the provisions of the said section as there is ..... during the period from 20.05.2006 to 23.07.2009, passed orders u/s 264 of the income tax act, 1961 in the following cases, where appeals filed before the cit (appeals)/settlement commission, were pending, thus contravening provisions of section 264(4)(c) of income tax act, 1961: 1. m/s sood housing and developers a. y. 2005-06 and 2006-07. 2. sh. rajinder ..... . y. 2000-01 and 2002-03 7. shri subhash chander a. y. 2006-07 and 2007-08 article-ii shri b.b. mohanty, while posted and functioning as commissioner of income tax (central), ludhiana, passed orders u/s 264 of the income tax act, 1961 in the following cases, illegally cancelling the penalty notices u/s 271(1)(c) issued pursuant to detection of .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-05-2014
..... income tax officer committed an error in rejecting the books of accounts without even looking into them only on the ground that some loose papers were ..... being processed under section 143(1)(a) of the act, the case was selected for scrutiny. the books of accounts that was produced were impounded under ..... sarees of the weavers to different customers, the outstanding liabilities was reduced and a sum of rs.33,81,167/- was added in the income of the assessee as unexplained credit in the balance sheet towards weaver's liability under section 68 of the income tax act. 3. the appellant, being aggrieved, filed an appeal, which was allowed. the appellate authority held that the ..... basis. for the assessment year 1999-00, the assessee filed a return declaring income of rs.2,20,920/- along with audited profit and loss account, capital account and balance sheet. in this case, a survey under section 133 of the income tax act, 1961 (hereinafter referred to as the act) was conducted at the business premises of the assessee. while the case was .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-19-2014
..... 1. the appeal by the revenue under section 260a of the income tax act, 1961 (the act) arises from a decision of the income tax appellate tribunal (tribunal) dated 28 february 2014. the assessment year to which the appeal relates is ay 2008-09. in support of the appeal, the revenue has pressed the following ..... act was not issued within the period stipulated in that provision. hence, the question of its service either within or ..... on 30 september 2008. the assessing officer issued a notice under section 143(2) of the act on 6 october 2009. the assessment proceedings were completed and an order of assessment was passed under section 143(3) of the act on 24 december 2010. in appeal, the commissioner of income tax (appeals) - ii, lucknow held that the notice under section 143(2) of the ..... beyond the time permitted or its improper service within the meaning of section 292 bb of the act would not according to the cit (a) arise. in .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-11-2014
..... , other documents or any assets are requisitioned under section 132a after may 31, 2003, by inserting a new section 158bi in the income-tax act. 65.3 further three new sections 153a, 153b and 153c have been inserted in the income-tax act to provide for assessment in case of search or making requisition. 65.4 the new section 153a provides the procedure for completion of ..... the course of search, thus ignoring the provisions of law as contained in section 153a which required the assessing officer to assess or reassess the total income as defined in section 2(45) of the income tax act, 1961. 2. whether the order of the itat is perverse in as much as it has ignored the provisions of law as contained in proviso (b ..... . ltd. in which the assessee himself claimed to be a director and also showed rental income, interest income on fdrs, saving bank accounts, uti bonds and minor children income. the return of income was processed under section 143(1) of the income tax act (hereinafter referred to as the act) on a total income of rs. 16,15,250/-. 2. a search and seizure operation was carried out on ..... -sec.(1) of section 153a which required the assessing officer to assess or reassess the total income." we have heard sri dhananjay awasthi, learned counsel for the revenue and sri ashish bansal for the assessee. section 153a of the act was introduced in the income tax act by the finance act, 2003, w.e.f. 1.6.2003 along with section 153b and 153c. section 153a .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-07-2014
..... into consideration. 3. for the assessment year 1985-86, an assessment order under section 147/144 of the income tax act, 1961 (hereinafter referred to as the act) was passed. the operative portion of the order of the assessing officer is extracted hereunder: ?? "assessed on total income of rs. 6,10,850/-. penalty proceedings u/s 271(1)(1)(a), 271(1)(b), 271(1 ..... any interest in the assessment order, no interest could be charged in the notice of demand issued under section 156 of the act. the department, being aggrieved, by the order of the appellate authority filed an appeal before the income tax appellate tribunal, who rejected the appeal and affirmed the order of the appellate authority. 5. the department, being aggrieved by the aforesaid ..... order, has filed the aforesaid appeal under section 260a of the act contending that a substantial question of law arises for consideration, namely, that the ..... assessment order for charging of interest, the notice of demand could not be issued levying 5 interest under section 234a, 234b and 234c of the act. similar view was reiterated by the delhi high court in cit v. insilco ltd.  261 itr 220. 10. in ranchi club ltd./uday mistanna bhandar and complex case (supra), while analyzing the provisions of .....Tag this Judgment!
Court : Allahabad
Decided on : May-22-2014
..... declaration to the effect that the transaction of transfer was void under section 281 of the income-tax act. in the light of the aforesaid, we are of the opinion that the income-tax officer had exceeded its jurisdiction in adjudicating the matter under section 281 of the income-tax act. the income-tax officer had no jurisdiction to declare the sale deed as void. consequently, the impugned order ..... to decide any question arising under section 281. the supreme court held that section 281 merely declared what the law was, namely, that during the pendency of any proceeding under income-tax act in the event any assessee creates a charge or parts with the possession by way of sale, mortgage, exchange or by any other mode of transfer, such transfer would ..... said notice submitted his reply contending that he was a bona fide purchaser for adequate consideration and that no notice of pendency of proceedings before the assessing officer under the income-tax act was known to the petitioner nor was it brought to his knowledge by the seller. the petitioner further contended that the recital in the conveyance deed clearly mentioned that ..... assessment proceedings for the assessment year 2005-06 was pending against the seller, namely, sri ajay kumar agrawal, which culminated when an assessment order under section 143(3) of the income-tax act was passed on july 31, 2007, and certain demand was raised against him. 2. based at this assessment order, a notice dated january 3, 2008, under section 281 was .....Tag this Judgment!
Court : Allahabad
Decided on : May-21-2014
..... dated 20.12.2007 was granted for the assessment year 2005-06 to 2007-08, i.e., for a period of three years. 4. under the provisions of the income tax act, the approval is granted for three assessment years and the assessee is required to apply for extension of the approval. accordingly, the petitioner applied for extension of the approval ..... about the period of validity of approval granted by the chief commissioner of income tax under sub-clause (iv), (v), (vi) and (vi-a) of section 10(23-c) of the act and approval granted by the commissioner of income tax or director of income-tax under section 80g(5) of the income tax act, 1961. the cbdt noticed that various field authorities were interpreting the provision ..... the society, the petitioner applied and was duly granted a registration under section 12a of the income tax act (hereinafter referred to as "the act"). 3. the chief commissioner of income tax, by an order dated 20.12.2007, granted approval under section 10 (23c)(vi) of the act after being satisfied that the educational institution was existing solely for educational purpose and not for ..... . heard sri ashish bansal, the learned counsel for the petitioner and sri shambhu chopra, the learned counsel appearing for the chief commissioner of income tax. 2. the petitioner is a society registered under the societies registration act, 1860 and is providing education by setting up centres for educational excellence and schools under the name and style of "the sunbeam academy educational .....Tag this Judgment!
Court : Allahabad
Decided on : May-08-2014
1. this is an appeal filed by the income-tax department under section 260a of the income-tax act, 1961, against the order passed by the income-tax appellate tribunal, lucknow, for the assessment year 2005-06. 2. the assessee caries on the business of purchase and sale of country liquor, indian made foreign liquor and beer through ..... 28 shops at various locations in allahabad, pratapgarh and jaunpur districts. for the said assessment year, the assessee filed his return under section 139 of the act disclosing the ..... the assessment order filed an appeal, which was allowed by the tribunal and the books of account was accepted and the gross profit indicated by the assessee was affirmed. the income-tax department being aggrieved by the appellate order has filed the present appeal. 5. we have heard sri shambhu chopra, the learned counsel for the appellant and sri ashish bansal, the ..... otherwise verifiable. 9. in the light of the aforesaid, the order of the assessing officer rejecting the books of account under section 145(3) of the act and, consequently, making an addition of the income on estimate basis was reversed by the tribunal. further, such addition made on estimate basis is a question of fact as has been held in commissioner (customs .....Tag this Judgment!
Court : Allahabad
Decided on : May-01-2014
..... chapter xiv-b does the assessing authority require to record his satisfaction for issuing a notice under section 158bd of the income tax act, 1961 ('the act' for short)." 22. after considering the rival contentions, relevant provisions of the income tax act and the authorities on the subject, their lordships held as under: "41. we would certainly say that before initiating ..... operation or during the assessment, proceedings against the 'searched person' or thereafter, any proceeding could be initiated against the 'other person' under any other provision of the income tax act, he categorically replied that except section 153c, there was no other provision under which action could be initiated against him. 36. the reliance placed by sri agrawal upon ..... shall proceed against each such other person and issue such other person notice and assess or reassess income of such other person in accordance with the provisions of section 153a." 18. the aforesaid provision is contained in chapter- xiv of the income tax act, which contains the procedure for assessment. 19. a somewhat similar provision exists in section 158bd ..... under chapter xiv-b, which contains the procedure for assessment of searched cases, which reads as under: "158bd. undisclosed income of any other person. ?? where the assessing officer is satisfied .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-24-2014
..... close the previous year on june 30, 1988, relevant to the assessment year 1989-90. in the meanwhile, an amendment was made in section 3 of the income-tax act by the taxation (sic - direct tax) laws (amendment) act, 1987, by which an uniform previous year ending on march 31 of every year, commencing from 1989-90, has been prescribed. in view of the amendment ..... counsel for the appellant and sri mukesh jain, along with sri r. s. agrawal, learned counsel appearing on behalf of the respondent. 2. this appeal, under section 260a of the income-tax act, relating to the assessment years 1988-89 and 1989-90, arises from the order of the tribunal, dated may 19, 1990, which raises the following substantial questions of law : "(i ..... ) the assessee would not have any previous year relevant to the assessment year 1988-89, a situation which is incongruous with the amended provisions of section 3(2) of the income-tax act, 1961 ?" 3. the brief facts, giving rise to the present appeal, are that the respondent-assessee (hereinafter referred to as "the assessee") is a company, incorporated under the companies ..... , to march 31, 1989 ? (ii) whether the tribunal was justified on the facts of the case in upholding the order of the commissioner of income-tax (appeals), who observed the order, passed under section 3(4) of income-tax act, 1961, on december 7, 1987, remained legally valid and did not become non est as a result of the amendment introduced in section 3 of .....Tag this Judgment!