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Judgment Search Results Home > Cases Phrase: rectification income tax act section 154 Page 4 of about 23,676 results (0.338 seconds)

Aug 03 2016 (HC)

Inderchand D. Kochar and Others Vs. The Assistant Commissioner of Inco ...

Court : Chennai

..... reported in (1985) 153 itr 0596, mr.s.sridhar, learned counsel for the appellants, submitted that when the assessees have duly prosecuted their rectification petitions, filed under section 154 of the income tax act, 1961, their bona fide action, would not attract laches, and therefore, the appeals filed before the tribunal, ought not to have been rejected ..... the appeals. thereafter, the appellants seemed to have presented individual rectification petitions, under section 154 of the income tax act, 1961. contending inter alia that subsequently, the appellants were advised by their new counsel to file regular appeals before the income tax appellate tribunal, chennai under section 253 of the income tax act, appeals have been filed, before the tribunal with a ..... chartered accountants. 6. it is also his submission that the assessees have filed rectification petitions under section 154 of the income tax act, 1961, before the commissioner of income tax (appeals)-ii, within 60 days from the date of receipt of the order of the commissioner of income tax (appeals), and that they were awaiting, notice on the above said applications ..... . he also submitted that as per the procedure followed, rectification petitions filed under section 154 of the income tax act, 1961 would be tagged along with the order passed by the commissioner of income tax (appeals). as the miscellaneous petitions filed by the appellants, were not taken on record, a reminder .....

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Oct 12 2000 (TRI)

Trustees of Indore Cancer Vs. Union of India and ors.

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2001)164CTRIndore342

..... made out for condonation of delay and hence application for condonation of delay was rejected.on 24-10-1997, the petitioner made an application under section 154 of the income tax act seeking rectification and prayed that the certificate issued under section 12a on 27th nov., 1995, need to be rectified/modified as according to petitioner there was a mistake apparent from the record. according to petitioner ..... to petitioner is rendering yeoman service to the society under the scheme of income tax act. subject to certain conditions and on compliance of certain requirements of the act, the income of the charitable trust is exempt from payment of income-tax under section 12a read with section 11/12 ibid.the petitioner claiming the benefit under section 12a ibid made an application on 24-3-1994/30-3-1994 ..... dated 24-3-2000 (annexure p3), is set aside and the matter is sent back to commissioner, indore with a direction to decide the application made by the petitioner under section 154 of income tax act afresh on merits. no costs. ..... other words whether the grounds urged by the petitioner in their application under section 154 ibid makes out any case for rectification so as to empower him to modify the earlier order, dated 27th nov., 1995.in the absence of any specific finding not rendered by the commissioner under section 154 of the act, the matter has to be remitted to learned commissioner for rehearing of .....

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Feb 06 1967 (HC)

Volkart Brothers and ors. Vs. Income-tax Officer, Companies Circle Iv( ...

Court : Mumbai

Reported in : [1967]65ITR179(Bom)

..... the assessments of the firm cannot be regarded as a mistake apparent from the record. 3. now, the power of the income-tax officer under section 35 of the income-tax act, 1922, or the corresponding section 154 of the act of 1961, is limited to rectification of mistakes which are apparent from the record. it is well settled that the error apparent from the record is not only ..... v.s. desai, j.1. this is a petition under article 226 of the constitution of india challenging the orders of rectification under section 154 of the indian income-tax act made on february 8, 1965, by the respondent of the assessments of the petitioner no. 1 firm for the assessment years 1958-59, 1960-61, 1961-62 and 1962 ..... the record inasmuch as the firm had not been charged at the maximum rates of income-tax under section 17(1) of the act of 1922, corresponding to section 113 of act of 1961, and he, therefore, proposed to rectify the assessment and enhance the tax under section 154 of the indian income-tax act of 1961. the petitioners replied to the said notice contending that there was no mistake ..... either apparent or otherwise in the said assessments and consequently the income-tax officer had no power to invoke his jurisdiction under section 154 of the act. the respondent did not accept the said contentions and .....

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Sep 19 2008 (HC)

Commissioner of Income Tax Vs. Bencomar Hotels (Goa) Pvt. Ltd.

Court : Mumbai

Reported in : (2009)222CTR(Bom)606

..... ) and the appellate tribunal-itat have recorded concurrent findings of facts in respect of the issue as to whether the assessing officer was justified in invoking section 154 of the act regarding rectification. section 154 of the income tax act deals with rectification of mistakes. section 154 can only be invoked for the limited purpose. if any authority is required for this proposition, one may refer to the decisions of the supreme ..... and assets never vest with the receiver but remained that of the assessee, is the conclusion on these facts. on merits, apart from there being no case to invoke section 154 of the income tax act, it is held that the assessee was entitled to carry forward set off of losses and depreciation relating to earlier years is the conclusion.10. in this case, the ..... by the aforesaid orders of the assessment officer under section 154 of the act, the respondent assessee preferred 3 appeals for the respective years before the appellate authority, commissioner of income tax (appeals), belgaum.5. the commissioner of income tax (appeals), belgaum allowed the appeals filed by the assessee, firstly on the ground that the provisions of section 154 regarding rectification of mistake is not at all attracted. secondly on .....

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May 06 1994 (HC)

Bharat Commerce and Industries Ltd. Vs. Commissioner of Income-tax and ...

Court : Delhi

Reported in : (1995)123CTR(Del)514; ILR1995Delhi317; [1994]210ITR13(Delhi); 1994RLR316

..... of certiorari quashing the charging of interest in a sum of rs. 11,83,631 under section 220(2) of the income-tax act, 1961, with effect from may 1, 1992, through demand notice dated november 13, 1992, which was issued pursuant to the rectification order under section 154 of the income-tax act for the assessment year 1989-90. the following are the facts. 2. the petitioner filed return ..... writing by the income-tax authority concerned. sub-section (6) states that ..... a demand for the amount assessed. the rectification order cannot include interest under section 220(2) payable on the tax additionally assessed in the rectification order unless there is a demand for the amount so additionally assessed. this position is also clear from section 154. 7. sub-section (4) of section 154 of the income-tax act states that where an amendment is made under this section, an order shall be passed in .....

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Jul 16 2007 (HC)

The Commissioner of Income Tax Vs. A.G. Granites (P) Ltd.

Court : Chennai

Reported in : [2009]311ITR170(Mad)

..... opinions. a decision on a debatable point of law is not a mistake apparent from the record, which is not amenable for rectification under section 154 of the income-tax act.8. a division bench of this court in the case of commissioner of income tax v. sharp industries : [2006]282itr336(mad) , in which one of us (p.p.s. janarthanaraja, j.) was a party ..... of interest income under sections 80hhc and 80-i of the income-tax act', has held that interest income is eligible for special deduction under sections 80hhc and 80-i of the income-tax act, 1961, provided it is included in the computation of profits and gains of the business. special deduction cannot be disallowed in rectification proceedings under section 154 of the act, especially when the interest income is included ..... first could be corrected by the higher forum, later only could be corrected by exercise of power of rectification. 7. the scope and amplitude of section 154 of the income-tax act, 1961 has been considered by the supreme court in the case of t.s. balaram, income tax officer, co. circle iv, bombay v. volkart brothers : [1971]82itr50(sc) wherein it was held ..... by the audit members. it is a debatable issue when there are two opinions about the head of income under which the interest income has to be assessed one by the assessee and the other by the revenue. 6. section 154 of the income-tax act provides for rectification of mistakes, which are apparent from the record. the phraseology 'mistake apparent from the record' has .....

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Jul 25 2007 (HC)

Commissioner of Income Tax Vs. Y.K. Shoji Stone Indo (P) Ltd.

Court : Chennai

Reported in : [2008]304ITR390(Mad)

..... of the view that the issue in controversy is a debatable issue.6. it is well recognised law that any erroneous assessment cannot be the subject matter for rectification under section 154 of the income-tax act. the erroneous order of assessment can be rectified only under procedure known to law by carrying the matter before the appropriate authority to rectify the erroneous order ..... .1881 of 2006. the tribunal allowed the appeal on the ground that the debatable issue cannot be a subject matter for rectification under section 154 of the income tax act. the tribunal has also relied the decision of the supreme court in t.s. balaram, income tax officer, v. volkart brothers and ors. reported in : [1971]82itr50(sc) , wherein it has been held that a ..... of law cannot be regarded as a mistake apparent on the face of the record amenable for rectification under section 154 of the income-tax act. useful reference can be had to the judgments of balaram, income tax officer v. volkart brothers and ors. reported in : [1971]82itr50(sc) and commissioner of income-tax v. hero cycles private limited reported in : [1997]228itr463(sc) . hence, we do ..... opinions. a decision on a debatable point of law is not a mistake apparent from the record, which is not amenable for rectification under section 154 of the income tax act. a similar view is also taken by the supreme court in the case of cit v. hero cycles pvt. ltd. reported in : [1997]228itr463(sc) .3. mr. nareshkumar, learned counsel appearing for the .....

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Feb 04 1991 (TRI)

Shriram Fibres Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)39ITD204(Delhi)

..... )-xik, new delhi, pertaining to the assessment years 1978-79 to 1982-83, upholding the rejection of application for rectification under section 154 of the income-tax act claiming relief of rs. 85,268 under section 40a(5) of the act.2. while making an assessment the iac (asst.) treated the cash allowances like house-rent and medical reimbursement to the extent of rs. 5 ..... ,268 as perquisite. the assessee moved an application under section 154 for rectification of the assessment order with regard to these disallowances by ..... issue accordingly being a disputed one is outside the purview and scope of section 154. your application is therefore dismissed.3. when the matter was carried before the cit (appeals) he confirmed the order of the iac (asst.) holding that it is a debatable question.therefore, no rectification lie under section 154 because there is not a mistake apparent from the record. the assessee ..... not treating the same as perquisite by the iac (asst.) for the purpose of disallowance under section 40a(5) basing on the decision of the delhi high court in the case of instalment supply (p.) ltd. v. cit [1984] 149 itr 457. .....

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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 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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