Skip to content


Judgment Search Results Home > Cases Phrase: rectification income tax act section 154 Year: 1971 Page 1 of about 70 results (0.182 seconds)

Dec 09 1971 (HC)

Commissioner of Income Tax, New Delhi Vs. Balkishann Bhatia

Court : Delhi

Decided on : Dec-09-1971

Reported in : ILR1972Delhi226; [1972]86ITR452(Delhi)

..... the facts and in the circumstances of the case, the tribunal was right in holding that the income- tax officer's order of rectification under section 154/155 of the income-tax act, 1961 in so far as it imposed the special surcharge on the asessee's income from share in the income of his various firms was illegal.'(5) the statement of case has been prepared with reference to ..... the facts and in the circumstances of the case. the tribunal was right in holding that the income-tax officer's order of rectification under section 154/155 of the income- tax act, 1961, in so far as it imposed the special surcharge on the assessed's income from share in the income of his various firms was illegal. '(ii) whether on the facts and in the circumstances of the ..... case. the tribunal was right in holding that the income-tax officer's enhancement of the penal interest under section 18a(6) of the income-tax act .....

Tag this Judgment!

Apr 23 1971 (HC)

Harbans Lal Malhotra and Sons Private Ltd. Vs. Income-tax Officer, c W ...

Court : Kolkata

Decided on : Apr-23-1971

Reported in : [1972]83ITR848(Cal)

..... ] 56 i.t.r. 114 (bom.) bombay, where the high court of bombay held that the jurisdiction of the income-tax officer to make an order for rectification under section 35 of the indian income-tax act, 1-922, of which the corresponding provision is section 154 of the income-tax act, 1961, depended upon the existence of mistake apparent from the record. that mistake need not be a clerical or mathematical ..... accordance with the directions given by the appellate assistant commissioner. on the 20th october, 1970, the income-tax officer served upon the petitioner a notice issued under section 154/155 of the income-tax act, 1961, for the assessment year 1963-64 wherein it was stated that the said assessment required rectification as there was a mistake apparent from the record. the nature of the mistake proposed to ..... sabyasachi mukharji, j.1. this is an application under article 226 of the constitution challenging the rectification proceedings under section 154 of the income-tax act, 1961. for the assessment year 1963-64, the petitioner filed its return of income along with and supported by its audited profit and loss account, balance-sheet, depreciation statement and various other statements. the petitioner is a company and carries on business .....

Tag this Judgment!

Aug 05 1971 (SC)

T.S. Balaram, Income Tax Officer, Company Circle Iv, Bombay Vs. Volkar ...

Court : Supreme Court of India

Decided on : Aug-05-1971

Reported in : AIR1971SC2204; [1971]82ITR50(SC); (1971)2SCC526; [1972]1SCR30

..... we have to decide is whet net-on the facts and in the circumstances of the case. the income-tax officer was within his powers in making the impugned rectifications. he purported to make those rectifications under section 154 of the income-tax act, 1961. that section to the extent material for our present purpose reads:154 (1) with a view to rectifying any mistake apparent from the record (a) the ..... income-tax officer may amend any order of assessment or of refund or any other order passed by him: . . .3. the corresponding section in the indian income-tax act, 1922 is section 35 ..... under article 226 of the constitution. therein the respondents challenged the validity of the orders of rectification made by the income-tax officer-company circle bombay in the assessments of the respondents for the assessment years 1958-59, 1960-61, 1961-62 and 1962-63 under section 154 of the income-tax act, 1961. respondents nos. 2 and 3 are the partners in the first respondent-firm. the .....

Tag this Judgment!

Apr 22 1971 (HC)

Sir Shadilal Sugar and General Mills Ltd. Vs. Union of India (Uoi) and ...

Court : Allahabad

Decided on : Apr-22-1971

Reported in : [1972]85ITR363(All)

..... april 27, 1970, the income-tax officer stated in reply:'(1) the application could not be considered as made under section 154 of the act of 1961, because the assessment for the year 1961-62 was completed ..... of the appellate assistant commissioner it appeared that advance tax had been paid in excess by rs. 1,52,819, and claimed that he was entitled to interest on this excess payment. the petitioner informed him that his application should be treated as one made under section 154 of the income-tax act, 1961, for rectification of the order dated july 15, 1969. on ..... under the act of 1922. (2) there was no mistake apparent from the record. whether interest under section ..... 5) arises in the present case.15. in the circumstances, we consider it unnecessary to decide whether the application by the petitioner to the income-tax officer could have been considered under section 154 of the income-tax act, 1961. we also do not think it necessary to consider the objection of the respondents that an equally efficacious alternative remedy by way of .....

Tag this Judgment!

Oct 12 1971 (HC)

Sri Venkateswara Oil Mills Vs. Commercial Tax Officer, I Circle, Banga ...

Court : Karnataka

Decided on : Oct-12-1971

Reported in : [1972]29STC10(Kar)

..... mistake apparent on the record'. 6. rule 38 which confers the power of rectification of 'any mistake apparent on the record' is on the lines of section 35 of the indian income-tax act, 1922, and section 154 of the indian income-tax act, 1961. the scope of the power of rectification under the said income-tax acts has been the subject-matter of several judicial decisions and it is settled law that ..... in order to attract the power of rectification, it must be a case of mistake, and the ..... i.t.r. 179) and (c) t. s. balaram, income-tax officer v. volkart brothers : [1971]82itr50(sc) . 7. applying these principles, we have to consider whether the power under rule 38 can be invoked for the purpose of bringing to tax the exempted turnover in view of the amendment of the act. when the original assessment order was made on 8th february ..... (g) of the constitution, on the ground that no hardship will be caused to the dealers since by section 10 of the amendment act, exemption is provided to those dealers who have not collected any tax. section 6(1a) of the act cannot be separated from section 10 of the amendment act as they together constitute an integral part of the scheme of retrospective taxation. 11 .....

Tag this Judgment!

Jul 20 1971 (HC)

Mullapudi Venkatarayudu Vs. Union of India (Uoi)

Court : Andhra Pradesh

Decided on : Jul-20-1971

Reported in : [1975]99ITR448(AP)

..... , therefore, levied a penalty at the rate of two per cent, of the net tax pay-able, the period of default being three months. the income-tax officer thereafter issued a notice on 22nd april, 1965, under section 154 of the act for rectification of the mistake. the mistake sought to be rectified was that in ihe order dated 23rd october, 1964, the penalty was calculated ..... on the tax as reduced by the compulsory deposit and the advance tax paid which was not correct, and that ..... the amount on which the penalty was to be calculated would be rs. 60,998*86, i.e., the tax chargeable according to the finance act, 1963. after hearing the petitioner, the income-tax officer made his order under section 154 on 7th may, 1965, enhancing the penalty from rs. 3,200 to rs. 3,687. the assessee filed an appeal before the ..... appellate assistant commissioner aggrieved by the order of the income-tax officer dated 23rd october, 1964. he also filed an appeal against the order of the income-tax officer .....

Tag this Judgment!

Apr 05 1971 (HC)

G. Sreerama Murthy Vs. Income-tax Officer, A-ward

Court : Andhra Pradesh

Decided on : Apr-05-1971

Reported in : [1974]97ITR290(AP)

..... take action under either section, since the two sections are not mutually exclusive. if ..... is not correct, according to the share income of the firm as reassessed, it would be open to the income-tax officer to amend the assessment of the individual partners under section 155 and in such a case section 154 of the act would apply.22. it is now well settled that in cases where reassessment under section 147, or rectification under section 154, are both equally competent, the department may ..... any authorities are required for this proposition, we find them in commissioner of income-tax v. naik, [1939] 7 .....

Tag this Judgment!

May 06 1971 (HC)

Commissioner of Income-tax Vs. Rajnagar Tea Company Ltd.

Court : Kolkata

Decided on : May-06-1971

Reported in : [1973]87ITR669(Cal)

..... rejected the respondent's contention that such revision did not strictly fall within the ambit of either section 35 of the indian income-tax act, 1922, which has been referred to in the body of the income-tax officer's orders or under the corresponding section 154 of the income-tax act, 1961. the income-tax officer further held that the abatement to which the respondent-company was entitled under the a.a ..... the provisions of this act ' in explanation (ii) to section 49d(3) of the act in computing the indian rate of tax; (b) that the income-tax officer in his original assessment made a mistake apparent from the record by holding that relief under section 49a stood on a different footing; and (c) that, in any event, as the order for rectification was made under section 35 of the ..... , in our case, the department is the applicant in this reference and it is not the department's contention that the order for rectification was improperly made either under section 154 or under section 35. in other words, an argument that section 154 does not apply is different from an argument that it does apply but certain consequences should follow. the first question in this reference .....

Tag this Judgment!

Dec 02 1971 (HC)

Abdul Rahim Haji Jacob Sait Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Dec-02-1971

Reported in : [1973]87ITR183(Ker)

..... tinder section 154 of the income-tax act, 1961, to the assessee to show cause why the original assessment should not be rectified by including the sum of rs. 15,029, the capital gains by the sale of the first house on july 25, 1969. this was proposed on the basis of section 54(ii) of the income-tax act, 1961. though the assessee demurred, the proposed rectification ..... was made. an appeal taken by the assessee before the appellate assistant commissioner was dismissed and the tribunal in further appeal came to the same conclusion, holding that section 54(ii) applied and that, therefore, the sum of ..... ), but we feel no doubt that the question is a debatable one and that in those circumstances, the income-tax officer had no jurisdiction to invoke section 154 of the income-tax act, 1961. reference may be made to a recent decision of the supreme court in t.s. balaram, income-tax officer, company circle iv, bombay v. volkart brothers, [1971] 82 i.t.r. 50, 53 ..... nair, j.1. this is a reference at the instance of the assessee under section 256(1) of the income-tax act, 1961. the questions referred are these :'(i) whether, on the facts and in the circumstances of the case, the income-tax officer had jurisdiction to invoke the provisions of section 154 of the income-tax act, 1961, and to revise the assessment originally made ? (ii) whether, on the .....

Tag this Judgment!

Sep 17 1971 (HC)

C. Commissioner of Income-tax, Gujarat Ii Vs. Himatlal Bhagubhai

Court : Gujarat

Decided on : Sep-17-1971

Reported in : [1972]86ITR481(Guj)

..... the firms. the result was that the rectification proceedings under section 35(5) became time-barred. but, the time for taking action under section 147(b) of the income-tax act, 1961 (hereinafter referred to as 'the new act') - that being the section applicable or reopening the assessment of the assessee by reason of section 297(2)(d)(ii) of that act - was still available since the return of ..... provisions which permit interference with the finality of an assessment. they are to be found is sections 146, 147, 154 and 155 of the new act. section 146 provides that where a best judgment assessment is made under section 144, an assessee may apply to the income-tax officer to cancel the best judgment assessment and to make a fresh assessment on any one of ..... the record of the assessment, the income-tax officer cannot rectify the assessment under section 154 merely because the time-limit specified in section 146 having expired, no action can be taken to disturb the finality of the assessment under that section similarly, can it be urged in such a case that even if the income-tax officer finds that income of the assessee has escaped assessment ..... clause (b) he is required to issue a notice within four years from the end of the relevant assessment year as provided in section 149(1)(b). then there is power conferred on the income-tax officer under section 154 to rectify any mistake apparent from the record of the assessment. this power can be exercised only if there is a mistake apparent from .....

Tag this Judgment!


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