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S.S. Gems International Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

and adopting the estimation thereof for assessing the undisclosed income was beyond the scope of Chapter XIV-B of the IT Act. The AO is also not found to have rejected the books of account maintained by the assessee, and, … papers relating to land, construction, lease money and house-tax placed at paper book pp. 55 to 58 and 83 to 114, the ADI referred the matter to the Valuation Cell for determining cost of construction. The DVO

Subhash Chand Chopra Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2005)92TTJ(Delhi)1087

AO and the material pointed out by parties in their paper books.6. Chapter XIV-B starts with s, 158B and provides the definition of "block period" … by holding that this amount is an unexplained investment. Asst. yr. 1990-91 8. That the learned AO erred in estimating an additional income of Rs. … yrs. 1986-87 to 1996-97 upto the period 13th Oct., 1995, passed under Section 143(3) r/w Section 158BC of the IT Act.2. Since large number of issues are involved in this appeal, therefore, it is necessary to reproduce all the … banks only, namely, Vijaya Bank and Bank of Baroda. According to the enquiries, for the draft Nos. 0005745, 20005754 which were purchased by the assessee from Bank of India and draft Nos. 0005690 to 0005704 which were

Slocum Investment (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Service Tax

Reported in : (2006)101TTJ(Delhi)558

provisions of Section 92 cannot be considered as its undisclosed income under Chapter XIV-B. (ii) The sale consideration received by it from M/s WIPL was … made at arms length price resulting into evasion of tax as envisaged in Section 92. Section 92 of the IT Act, as it stood at the relevant point of time when the shares of M/s HCL Consulting Ltd. were … Certificates. Therefore, there was a completed sale of the shares in the previous year relevant to asst. yr. 2000-01, i.e., financial year 1999-2000, by the assessee, M/s SNIPL and M/s HCLCL respectively. Prior to this sale, M/s … from the aforesaid three companies, it sold 4,15,000 shares leaving with it 85,85,000 shares of M/s HCL Consulting Ltd. of the face value of Rs.

Om Prakash Sharma Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Reported in : (2004)83TTJ(JP.)246

clearly mentioned in Section 2 of the Finance Act. The part I of the First Schedule of Finance Act, 2000 prescribes the levy of surcharge at 10 per cent on income-tax computed in accordance with Section 113. But … (a) There is special procedure for the assessment of search cases, The Chapter XIV-B of IT Act deals with the said special procedure. Tax on … 2000 and the AO had visited the house of the assessee on 8th April, 1996, 12th April, 1996 and 21st May, 1996. At p. 544 … and certain loose documents were placed in the steel almirah, prohibitory order was issued under Section 132(3) of the IT Act in respect of the loose papers. The officers of investigation wing again visited the house of the assessee

Amish Devgan Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

Code, 1860 (in short, the ‘Penal Code’) and Section 66-F of the Information Technology Act, 2000, (in short, the ‘IT Act’), no offence whatsoever can be made out; the allegations are based upon utterances in isolation by picking up … seven Judge Constitution Bench of this Court has rejected challenge to the constitutional validity of Section 144 and Chapter VIII of the Code of Criminal Procedure, 1873 holding that the impugned provisions properly understood were not in … (1995) 3 SCC2144 AIR1947Nagpur 1 5 (1997) 7 SCC4316 AIR1950SC1297 AIR1927Lah 594 8 AIR1947PC829 AIR1971Bom 56 10 (1990) 3 SCR69711 1942 FCR38Writ Petition (Criminal) No.160

Morarjee Goculdas Spg. and Wvg. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)98TTJ(Mum.)201

made and material gathered that has been relied upon by the learned AO was beyond the scope of Chapter XIV-B. For the purpose of applying the provisions of Chapter XIV-B, there should have been positive material found … of the learned Dy. CIT, Special Range-34, Mumbai, in the case of the assessee under Section 158BC of the IT Act, 1961, for the block period from asst. yrs. 1987-88 to 1996-97 and for the incomplete asst. yr. 1997-98 … purchase consideration and recouping a substantial portion of the said consideration (around 85 per cent) was simultaneous. For this purpose after documentation formalities were over,

Prakash Chand Vij Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2005)95TTJ(Chd.)409

1. These two cross-appeals are directed against the order of the learned CIT(A), dt. 10th March, 2000, for the block period 1st April, 1986 to 6th March, 1997.2. Since the appeals were heard together, so, … the contention of the assessee by stating that no such deduction under Chapter VI-A of IT Act is available for computing the income of the … in different years in respect of interest income of the block period in terms of Section 80L of the IT Act, 1961. 3. That on the facts and in the circumstances of the case, learned CIT(A) has erred in … respect of interest income of the block period in terms of Section 80L of the IT Act, 1961. 3. That on the facts and in

Narendra Kumar JaIn Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Lucknow

Subject : Direct Taxation

certain facts relating to the proceedings in this appeal, which are as follows.5. Vide order dt. 17th April, 2000, the Bench was of the opinion that a remand report may be called from the AO and for … and the block assessment order made by invoking the provisions contained in Chapter XIV-B is liable to be declared as null and void." 5. Because … an imperative requirement of law. Since in the present case, no notice was issued under Section 143(2) of the. IT Act, the assessment order does not have the legal legs to stand. The same, therefore, deserves to be quashed … and ITA (SS) No. 30 (Ahd)/2000) [reported at (2002) 74 TTJ (Ahd) 836-Ed], the Ahmedabad Bench 'C' of Tribunal vide its order dt. 24th Oct.,

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)

appeal under IT Act, 1961. It 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 explains that the monetary limit in … Puj, J.1. 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 … Kerala and Ors. v. Kurian Abraham (P) Ltd. and Anr. decided on 8th Feb., 2008, the Hon'ble Supreme Court has held that the Circular No.

Datamatics Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

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

to assess the escaped income. Notice 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 that notice and the assessments were … 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 … (India) Ltd. 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 … against the order of the CIT(A) in confirming the disallowance under Section 80-O of the IT Act, 1961, in respect of receipts earned by the