Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jul-04-1984
Reported in : (1984)10ITD542(Kol.)
..... it is advantageous to refer the following excerpts from the said judgment of the hon'ble supreme court : ...dealing with the scope of section 35 of the indian income-tax act, 1922, gajendragadkar, j. as he then was, speaking for the court observed : it is in the light of this position that the extent of the ..... year 1978-79-against the order of the commissioner of even date 8-1-1982 under section 263 of the income-tax act, 1961 ('the act'), common issues are involved and, therefore, they are disposed of by this common order.2. assessments of income of apeejay structural works (p.) ltd. for both the years were framed by the iac on 31-1 ..... there was creation of post of the additional commissioner by making amendment in sections 116 and 130 of the act. while interpreting those sections in context with powers of the commissioner under section 263, the hon'ble delhi high court in national agricultural co-operative marketing federation ltd. v. cbdt [1972] 84 itr 376 held that the word 'commissioner' .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Mar-24-1984
Reported in : (1984)8ITD537(Kol.)
..... (c) which has escaped assessment by reason of the omission or failure on the part of such person to make a return under the indian income-tax act, 1922 ... or the income-tax act, or to disclose fully and truly all material facts necessary for his assessment or otherwise, such declaration has to be in form b, as prescribed ..... appeal the assessee's grievances were against the valuation of the aforesaid properties as sustained by the aac. he also objected to the setting aside the issue of agricultural land and valuation thereof to the wto.6. when the aforesaid appeals came up for hearing before the tribunal, the assessee moved on 1-7-1981 for ..... b. kumar & co., bank deposits, jewellery, immovable properties situated at 4, rawdon street, calcutta-17, and of land and building situated at dehri-on-sone and agricultural land situated at dehri-on-sone, chanditala. the valuation of the immovable properties situated at 4, rawdon street, calcutta and at dehri-on-sone were declared by the assessee .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Oct-16-1984
Reported in : (1985)12ITD144(Kol.)
..... also the appeal of the assessee that the assessment was otherwise bad in law and void, as no necessary opportunity demanded by the assessee under section 129 of the income-tax act, 1961 ('the act'), was given before the completion of the assessment.3. briefly speaking, the ito completed the assessment of the assessee under section 143(3), read with section 144b, of ..... of that case, it was held by the hon'ble calcutta high court that there was no non-compliance with the provision of section 5(7c) of the indian income-tax act, 1922 ('the 1922 act'), as the assessee was not asking for any personal hearing by the commissioner for the purpose of section 33b of the 1922 ..... allowed to be reheard under section 129 by the iac, range iii. he was of the view that the words 'income-tax authority' do not restrict it to the ito only, and the iac was also one of the income-tax authorities mentioned in the act, who took up the proceedings under section 144b left by the iac, range vii. the iac, range iii, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Oct-09-1984
Reported in : (1985)13ITD288(Kol.)
..... on appeal, the commissioner (appeals) was of the opinion that there was a difference between the relevant provisions of the 1922 act and the income-tax act, 1961 ('the 1961 act'). under the 1922 act, penalty for concealment could not be levied upon the legal representative of a deceased assessee. moreover, there had been considerable difference ..... view was ultimately upheld by the hon'ble supreme court.the ito, therefore, initiated penalty proceedings for concealment of this income under section 28(1)(c) of the indian income-tax act, 1922 ('the act,). in response to the show-cause notice, one of the legal representative of the assessee who had died, contended ..... procedure for imposing liability upon the taxpayer but not to the procedure for imposing a penalty. they thought that the hyderabad income-tax act dealt with liability to pay income-tax and penalty in distinct provisions, both relating to imposition and recovery and that if the legislature had intended to keep alive the hyderabad .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Mar-26-1984
Reported in : (1984)9ITD610(Kol.)
..... individual return of the beneficiary and the assessee was not legally bound to do so. neither section 271(1)(c) of the income-tax act, 1961 ('the 1961 act') nor section 17(1)(c) of the 1957 act was applicable. the department had the option to assess the trust or the beneficiary directly and once the assessment was completed the ..... behalf the income was receivable under the trust, and one of them having been availed ..... the case of trustees of chaturbhuj raghavji trust v. cit [1963] 50 itr 693, in which it has been held that section 41 of the indian income-tax act, 1922 ('the 1922 act') provided for two alternative methods, namely, either to tax the income in the hands of the trustees or to tax it directly in the hands of the person on whose .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Feb-18-1984
Reported in : (1984)8ITD738(Kol.)
..... before making the disclosure. the high court held that the disclosure envisaged under section 68 was in respect of an amount which was already liable to be assessed as income under the relevant income-tax act and, therefore, the mere fact that the said amount was neither quantified nor assessed nor even returned on the valuation date was not material. again, there are the ..... , i.e., whether before the first appellate authority or the second appellate authority or even under reference.8. now the liability to pay income-tax is one single point liability created by section 4 of the income-tax act, 1961. the liability to pay tax by deduction at source or to pay it in advance is not a separate liability, distinct from the liability to pay .....
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