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Ellenbarrie Industrial Gases Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2002)83ITD111(Kol.)

the search was deferred for a collateral purpose. In the instant case, in the absence of any definite information about the actual state of affairs, we are not in a position to come to the conclusion which … in which it was held that once the search is complete under Chapter XIV-B of the IT Act all additions should be made only in … the CIT(A) confirming mostly the additions made in the block assessment completed under Sections 143(3)/158BC(c) of the IT Act, 1961.2. The search and seizure operations took place in the premises of the assessee-company on 22nd Jan., 1997 … the search was temporarily concluded. A prohibitory order was passed under Section 132(3) on one Shri B.P. Agarwal (stated by the assesses to be unconnected

Babros Machinery Mfrs. (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2003)84ITD91(Ahd.)

be considered as undisclosed income of the assessee for the purpose of Chapter XIV-B. It was pleaded that the reason for holding that the sales … is asst. yrs, 1986-87 to 1995-96 and 1st April, 1995 to 8th Sept., 1995.3. In respect of the first point of difference, the facts as noted by the AO are as under: "Undisclosed income for asst. yr. … the AO who is Dy. CIT(A) Special Range-2, Ahmedabad, under Section 158BD r/w Section 158BC(c) of the IT Act, 1961 for the Block Period asst. yrs. 1986-87 to 1995-96 and 1st April, 1995 to 8th Sept., 1995.2. … premises who are the directors of the assessee-company.Subsequently a survey under Section 133A was also carried out at the business premises of the assessee-company on

Amarjit Singh Bakshi (Huf) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2003)263ITR75(Delhi)

The effective hearing in both these cases were started on 5th Oct., 2000 and finally they were completed on 1st June, 2001.Detailed arguments were put … regular assessment will be separate and apart from the block assessment under Chapter XIV-B. The assessee was required to explain the sources of payment of … a further opportunity was given to the assessee.A copy of Annexure A-3 was given to the assessee. Some informations were received from the bank. An extract of those informations were also given to the assessee for filing … two appeals by two assessees against the assessment order under Section 158BD r/w Section 113 of the IT Act, 1961 for the block period i.e., from asst. yrs. 1987-88 to 1997-98 (up to 6th Nov., 1996).These two … A survey was conducted on assessee under Section 133A of the IT Act, 1961. The statement of

Rajesh Vs. State of Kerala

Court : Kerala

Subject : Land Acquisition

of Kerala having jurisdiction over the entire State of Kerala, constituted to investigate any offence committed under the Information Technology Act, 2000 have power or authority to file final report charging offences under the India Penal Code or under any … within the limits of such Station would have power to enquire into or try under the provisions of Chapter XIII. According to Section 177 of the Cr.PC, every offence ordinarily be enquired into and tried by a … of Gujarat (2005(2) SCC 409), Bhanuprasad v. State of Gujarat (AIR 196.SC 1323.and State of Tamil Nadu v. Nalini (AIR 199.SC 2640).7. I have bestowed

P. Govinda Satyanarayana Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Vizag

Subject : Land Acquisition

Reported in : (2005)98TTJVisakha908

the block period. The relevant portion of the statement is reproduced as under: "17 Q. As per the information available with us you have invested Rs. 6.12 lakhs as share capital and Rs. 31.5 lakhs as unsecured … Feb., 2000, which were presumed by the AO to have been recorded under Section 132(4) of the IT Act. Vide statement dt. 10th Feb., 2000, the assessee made a disclosure of Rs. 30.29 lakhs as unaccounted income … of the investments made as undisclosed income are outside the scope of Chapter XIV-B of the IT Act. Although the search and seizure has taken … appeal filed by the assessee against the order of the CIT(A), dt. 13th Sept., 2002, block assessment made by the AO under Section 158BC has

L.N. Exports Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Cuttack

Subject : Direct Taxation

Reported in : (2005)95TTJCtk186

it has been held by the Tribunal, Nagpur Bench, that anything found or detected as a result of action taken under Section 133A is outside the scope of assessment under Chapter XIV-B which deals only with assessment … and Shri Prabodh Kumar Dash. A search was conducted on 23rd June, 2000, at the residential and business premises of one Shri Bhagirathi Sahoo. Consequent … against the order of the CIT(A), Cuttack, dt. 25th Nov., 2004, wherein the CIT(A) has partly allowed the first appeal filed before him by the appellant.2. This firm, M/s L.N. Export, has been constituted since 7th April, … partner having l/3rd share. As a result of the survey under Section 133A made in the business premises of the firm, the Department impounded books

Commissioner of Income Tax Vs. Concord Pharmaceuticals

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 3, 4, 37(4), 90, 90(2), 119, 253(2), 260A, 263, 268A, 268A(1), 268A(4), 268A(5) and 275(1); Finance Act, 2008; Kerala General Sales Tax Act, 1963 - Sections 3(1A) and 60; Income Tax Rules - Rule 47; Income Tax Appellate Tribunal Rules, 1963 - Rules 6 to 15

Reported in : (2008)220CTR(Guj)117; [2009]317ITR395(Guj)

is also contended that the CBDT Instruction No. 1985, dt. 29th June, 2000 clarifies the Instruction No. 1979/F. No. 279/126/1998-ITJ, dt. 27th March, 2000 and … also taken into account. The Board has also clarified that where a question of law arises for the first time before the High Court concerned, it should be contested irrespective of revenue involved. Where an adverse judgment … The Revenue has filed tax appeals Nos. 1402 to 1405 of 2007 under Section 260A of the IT Act 1961 for asst. yrs. 1995-96 and 1996-97 proposing to formulate the following substantial question of law for determination … of appeal/application for reference by any IT authorities under the provisions of Chapter-XX of the Act. It is, therefore, urged that the Tribunal has rightly … on the issue in question. The Instruction No. 1328, dt. 5th April, 1980 refers to the prevailing

Datamatics Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2008)110ITD24(Mum.)

under Section 148 was issued to the assessee only on 27th Dec, 2000, and the assessee filed its revised returns within the time allowed by … is no bar to allow deduction under two sections forming part of Chapter VI-A, in respect of same receipts.It was submitted, deduction under Section 80HHE … doubtful advances given to the employees who were sent abroad on company's project but left the company without informing.Such advances could not be recovered and the assessee was forced to write off. This is a loss incidental … v. ITO (supra), the Hon'ble Supreme Court held : "when a notice under Section 148 of the IT Act, 1961, is issued, the proper course of action for the noticee is to file the return and if … Feb., 1995 bringing down the income to Rs. 13,68,930, consequentially resulting refund of Rs. 68,06,075. The assessment

L.G. Electronics Inc. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)84TTJ(Delhi)1029

on 20th Aug., 1998, the Asstt.CIT, Delhi Circle 23(1), vide his letter dt. 28th Aug., 1998, sought certain information pertaining to the survey. On account of the survey carried out, it appears that the assessee got aware … the penalty in the instant case was levied only on 27th July, 2000, which is well beyond the prescribed time-limit under Section 275(5) of the … default of failure to deduct tax properly in terms of provisions under Chapter XVII-B of the Indian IT Act. You are, therefore, required to show … March, 2001; confirming the order of the AO who had imposed penalty under Section 271C of the IT Act. Except in Appeal No. 2925/Del/2001, which is for the asst. yr. 1998-99 and which has two additional grounds, … same were not taxable.5. A survey under Section 133 was carried out at the premises of the

Vasundhara Lpg (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)83TTJ(Delhi)860

purpose of introducing the provisions of Section 115J, 115JA and 115JB in the IT Act, 1961. A new Chapter XII-B containing Section 115J has been inserted by the Finance Act, 1987 which levies minimum tax on book … This measure will yield a revenue gain of approximately Rs. 75 crores." 13. The object and purpose of introducing the concept of MAT (Minimum Alternate … case of Apollo Tyres Ltd. v. CIT (2002) 255 ITR 273 (SC).4. In appeal, the CIT(A) upheld the action of the AO on the ground that the AO does not have jurisdiction to go behind the net