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Judgment Search Results Home > Cases Phrase: rectification income tax act section 154 Court: income tax appellate tribunal itat lucknow Page 1 of about 16 results (0.151 seconds)

Sep 08 2000 (TRI)

Deputy Commissioner of Vs. Uttar Pradesh Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... the judgment of the division bench santha s. shenoy v. union of india [1982] 135 itr 39 (ker.). however, the tribunal dismissed the petition under section 154 of the income-tax act on the ground that the rectification under section 154 of the income-tax act must be of a mistake which is a mistake in the eye of law in force at the time when the orders sought to be ..... . the ld. counsel for the assessee has also made reference to the following case laws in support of his objections that in the instant matter, the power of rectification under section 254 of the income-tax act is not available to the tribunal:-- after going through these cases, we find that the same are distinguishable on facts. so far as the case of mahakoshal ceramics ..... -8-1997 passed in m.a. no. 5, the entire matter relating to the applicability of section 11 of the income-tax act stand finally settled and therefore, the same cannot be re-opened by the tribunal in exercise of its power of rectification under section 254(2) of the income-tax act as the same will amount to reviewing its order dated 9-9-1996 and 14-8 ..... before the tribunal in those appeals relating to the applicability of section 11 of the income-tax act have not been decided in accordance with law. we, therefore, order rectification of our order dated 9-9-1996 passed in the said income-tax appeals and recall our order in respect of the applicability of section 11 of the income-tax act for decision afresh in accordance with the decision of the .....

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Sep 08 2000 (TRI)

Dy. Cit Vs. U.P. Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2001)79ITD319Luck

..... the judgment of the division bench santha s. shenoy v. union of india (i982) 135 itr 39 (ker). however, the tribunal dismissed the petition under section 154 of the income tax act on the ground that the rectification under section 154 of the income tax act must be of a mistake which is a mistake in the eye of law in force at the time when the orders sought to be ..... .the learned counsel for the assessee has also made reference to the following case laws in support of his objections that in the instant matter, the power of rectification under section 254 of the income tax act is not available to the tribunal : after going through these cases, we find that the same are distinguishable on facts. so far as the case of mahakoshal ceramics ..... -8-1997 passed in m.a. no. 5, the entire matter relating to the applicability of section 11 of the income tax act stand finally settled and therefore, the same cannot be re-opened by the tribunal in exercise of its power of rectification under section 254(2) of the income tax act as the same will amount to reviewing its order dated 9-9-1996 and 14-8 ..... before the tribunal in those appeals relating to the applicability of section 11 of the income tax act have not been decided in accordance with law. we, therefore, order rectification of our order dated 9-9-1996 passed in the said income-tax appeals and recall our order in respect of the applicability of section 11 of the income tax act for decision afresh in accordance with the decision of the .....

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Sep 08 2000 (TRI)

Deputy Commissioner of Income Tax Vs. U.P. Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... of the division bench reported in santha s.shenoy v. union of india (1982) 135 1tr 39 (ker). however, the tribunal dismissed the petition under section 154 of the it act on the ground that the rectification under section 154 of the it act must be of a mistake which is a mistake in the eye of law in force at the time when the orders sought to be ..... under: "... it is a well settled proposition that an act of high court (which, in the context, means and includes a. tribunal of the nature of the income-tax appellate tribunal) should not prejudice a party. in such a case, it, would not be just to drive the party to a reference under section 256. it must be left to the tribunal to reopen ..... , as well as the orders of tribunal for these two years, it is clear that the anchor and main basis of the submission of the assessee for claiming exemption from income-tax under section 10(20) and 11(1) of tribunal by the order of the hon'ble high court dt. 19th may, 1988 rendered in wta no. 4424(a)/1987 no. 216 ..... reasoning that the assessing authority has power to initiate assessment proceedings because local authority is taxable unit under section 2(31) of the it act, 1961 and that every income of the local authority is not liable to be excluded under section 10(20) of the it act, 1961. the cit(a) following the order of the hon'ble high court in respect of local authority directed the .....

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Aug 06 2004 (TRI)

Murlidhar Sohanlal Foundation Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2005)92TTJLuck1054

..... the other hand, the learned departmental representative supported the order of the learned cit(a).9. we have considered the rival submissions. admittedly, in the instant case, the ao has resorted to the provisions of section 154 of the act.the powers of the ao under section 154 of the act extend to the rectification of mistakes which are apparent from record. but, if the issue could be ..... ,100 only. since the assessee accumulated funds in excess of 25 per cent of the gross receipts, the notice under section 154 was issued by the ao requiring it to explain as to why the income be not brought to tax because it has not complied with the provisions of the act. the ao observed that in form no. 10 seeking permission for accumulation of ..... directed against the order under section 154 of the act.8. briefly, the facts of the case are that the assessee is a public charitable trust, whose income is exempt under section 11 of the act.when it filed the return of income, the entire income of rs. 5,27,488 was claimed exempt under section 11 of the act. the return was processed under section 143(1)(a) of the ..... no. 10 the assessee has mentioned all the objects for which the institution was founded. it was under these circumstances, it was held that the specific purpose for which the income was being accumulated was not specified. but in the case of the assessee, the specific purpose has been mentioned which is evident from the managing council's resolution, a copy .....

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Jun 29 2006 (TRI)

Deputy Commissioner of Vs. Shubham Industies

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)104ITD126Luck

..... . a.m.? 1. since there is a difference of opinion between the members who heard these applications, the matter was referred to the hon'ble president under section 255(4) of the income-tax act, 1961 (the act). vide intimation dated 24-11-2005, the hon'ble president has been pleased to nominate me as the third member and hence i proceed to resolve the ..... of the property situated at 185-b, dada nagar, kanpur, for determining the cost of construction in the property was proper and justified. therefore, the order of the tribunal requires rectification in dismissing the appeals filed by the department on the basis of the above decision of the apex court, namely, smt. amiya bala paul's case (supra). in the applications ..... . in the result, both the applications filed by the department are dismissed.1. in these miscellaneous applications, the department has sought rectification of tribunal's order dated 9-11-2004 on the ground that in view of insertion of section 142a with retrospective effect from 15-11-1972, the reference made by the assessing officer to dvo was proper and due to ..... , the department filed the present miscellaneous applications under section 254(2) of the act contending that by virtue of the said provision, since the action of the assessing officer to refer the matter to the valuation cell stands validated, the order of the tribunal suffers from a mistake apparent on record and hence needs rectification. the ld. j.m. in his order proposed .....

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Jun 29 2006 (TRI)

Dy. Cit(A) Vs. Subham Industries

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... 's report.1. since there is a difference of opinion between the members who heard these applications, the matter was referred to the hon'ble president under section 255(4) of the income-tax act, 1961 (the act). vide intimation dated 24.11.2005, the hon'ble president has been pleased to nominate me as the third member and hence i proceed to resolve the ..... of the property situated at 185-b, dada nagar, kanpur, for determining the cost of construction in the property was proper and justified. therefore, the order of the tribunal requires rectification in dismissing the appeals filed by the department on the basis of the above decision of the apex court, namely, smt. amiya bala paul (supra).in the applications, the department ..... . in the result, both the applications filed by the department are dismissed.1. in these miscellaneous applications, the department has sought rectification of tribunal's order dated 9.11.2004 on the ground that in view of insertion of section 142a with retrospective effect from 15.11.1972, the reference made by the ao to dvo was proper and due to non ..... .1972, the department filed the present miscellaneous applications under section 254(2) of the act contending that by virtue of the said provision, since the action of the ao to refer the matter to the valuation cell stands validated, the order of the tribunal suffers from a mistake apparent on record and hence needs rectification. the ld. j.m. in his order proposed .....

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Jul 27 2006 (TRI)

Deputy Commissioner of Income Tax Vs. Shubham Industries

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)106TTJLuck34

..... ao made an addition of rs. 3,93,620 in asst. yr. 1995-96 and of rs. 3,49,149 in asst. yr.1996-97 under section 69b of the act. in the first appeal, the cit(a) reduced the cost of construction to rs. 21,83,330 and granted consequential relief to the assessee. being aggrieved by this reduction, the department preferred ..... of the property situated at 185-b, dada nagar, kanpur, for determining the cost of construction in the property was proper and justified. therefore, the order of the tribunal requires rectification in dismissing the appeals filed by the department on the basis of the above decision of the apex court, namely, smt amiya bala paul (supra). in the applications, the department ..... . in the result, both the applications filed by the department are dismissed.1. in these miscellaneous applications, the department has sought rectification of tribunal's order dt. 9th nov., 2004 on the ground that in view of insertion of section 142a with retrospective effect from 15th nov., 1972, the reference made by the ao to dvo was proper and due to non ..... , the department filed the present miscellaneous applications under section 254(2) of the act contending that by virtue of the said provision, since the action of the ao to refer the matter to the valuation cell stands validated, the order of the tribunal suffers from a mistake apparent on record and hence needs rectification. the learned jm in his order proposed the dismissal .....

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Jun 29 2007 (TRI)

Vishwanath Products, Prop. Shri Vs. the Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2008)117TTJLuck549

..... the time for furnishing the return up to march 31, 1975. the assessee filed the return only on may 12, 1975. the income-tax officer ignored that return and issued notice to the assessee under sections 147(a)/148 of the income-tax act, 1961. the assessee filed a writ petition challenging the notice on the grounds, inter alia, that (i) the return had ..... (appeals) held that the assessing officer was not justified in applying the provisions of section 44ac while sending intimation in terms of section 143(1)(a).the appellate authority thus ordered the detention of the ..... act.as per the adjustments explanatory sheet, appended to the intimation, the assessing of(sic) r recomputed the taxable income at the rate of 40 per cent of the purchase price applying the provisions of section 44ac, discarding the profits as worked out by the petitioner having recourse to sections 28 to 43c. an application for rectification was rejected and on appeal, the commissioner of income-tax ..... already been filed and was pending; (ii) that the assessment for 1972-73 and become time-barred; and (iii) that the income-tax officer had no material with him .....

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Jun 21 2002 (TRI)

Meenakshi Synthetics (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2003)84ITD563Luck

..... the course of the assessee's business touching upon the taxation laws. these problems cannot be separated itemwise nor can the fee paid to the consultant regarding income-tax cases before the authorities and fee paid regarding other matters be apportioned. the retainer fee is to be considered as one entity for the entire services kept ..... and must have claimed it as a deduction. (ii) if the assessee makes a claim of deduction in terms of section 36 of the act for the purpose of computation of income referred to in section 28 of the act, he has to place material in support of his claim of entitlement to the deduction. it, therefore, follows that ..... ) 138 itr 45 (guj).30. in that case, reference has also been made to the observation of sampath lyengar's law of income-tax, 9th edition, p. 2349, which is as under : "for the same reason a presumption appears to be permissible that where the assessee has his ..... to para 6 of the paper book, it was submitted by him that total amount of other loan taken by the assessee was at rs. 6,44,154.38 on which no interest was paid.9. on the basis of balance sheet as on 31st march, 1991, it was shown by him that the entire ..... the assessee has a legal obligation to satisfy the assessing authority that he is entitled to obtain deduction in accordance with the taxing statute. in other .....

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Mar 28 2002 (TRI)

Smt. Savitri Devi, Anil Kumar Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... is not covered and included in the "undisclosed income".shri b.k. agrawal v. asstt. cit (ita no.1699/all/1994), dt. 31st may, 2001), we have considered a similar point and have observed that in the scheme oi chapter xiv-b of the act.section 158ba, which is a charging section, will prevail over the other section included in chapter xiv-b. it may be ..... pointed out that sub-section (1) of section 158ba, empowers the ao to proceed to assess the undisclosed income in accordance with the provisions of chapter xiv-b.42. in the case ..... the assessee's return in whose case block assessment is being made. a disclosure for the purpose of the act would be wide enough to include a case where employer submits his return of tax deduction from salaries under section 206 in which the incomes earned by the various employees have been disclosed." 44. it may be pointed out that in that case also ..... investment in shares in asst. yr.1988-89 as is evident on perusal of balance sheet found at p. 154. the additional evidence, which has been filed before us on this issue in the form of bank certificate and copies of statement of income, which material is available at pp. 1 to 13 annexed with the application dt. 12th dec., 2001, cannot .....

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