Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2002)82ITD788Cal
..... of authorisation under section 132a was actually executed in 1995 and that being a date after 30th june, 1995, the provision of section 158ba of the act would apply has no force.what is material for invoking the special provision is initiation of the search or requisition of books of account or other assets and it would be immaterial ..... issued and the possession of the cash and the fdrs were taken by the it department. by this time, chapter xiv-b for making block assessment came into force w.e.f. 1st july, 1995 and the assessment of the assessee was proceeded under this chapter. the assessee's contention is that warrant of authorisation was first ..... the time-limit start counting from the date of execution of the initiated search under section 132 or requisitioned of books of account, etc. under section 132a of the act. the later section 158be used both the terms 'executed' as well as 'initiated' and it makes a clear difference between two concepts. under these circumstances, the contention .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)2ITD149(Kol.)
..... scheme framed by the central government under sub-section (1) of section 4 of that act. he also took us through the decision of the supreme court in visakhapatnam dock labour board v. stevedores association air. 1970 sc 1626, wherein the said act and the scheme have been discussed at length.6. in the light of the aforesaid ..... control and supervision of the board. the registered employers are allocated monthly workers by the administrative body and the administrative body supplies, whenever necessary, the labour force to the stevedores from the reserve pool. the workmen who are allotted to the registered employers are to do the work, under the control and supervision of ..... dock workers allotted to them".respectfully following the ratio of the aforesaid decision of the supreme court, we hold that the assessee-company to whom the labour force was, in the year under consideration, allotted by the calcutta dock labour board was the employer, whose work of loading and unloading of ships was done .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)1ITD160(Kol.)
..... [1887] 13 1a 134 decided by the privy council. the suit was for damages and an injunction for infringement of a patent. under the patents and designs act, as they were in force, such a suit can only be brought in a district court, but it was brought in the court of a subordinate judge who had no jurisdiction to entertain ..... or fulfilled. where a limited court takes upon itself to exercise a jurisdiction it does not possess, its decision amounts to nothing"-united commercial bank ltd. v. their workmen air 1951 s.c. 230. to put in other words, the general rule, therefore, is that consent cannot give jurisdiction and want of jurisdiction cannot be waived.15. it ..... of this argument, the representative for the assessee mr. g.p. agarwalla has relied on the following decisions : case reported in air 1943 cal. 573, case reported in air 1952 bom. 365, rayala corpn. (p.) ltd. v. director of investigation air 1970 sc 494 at page 502 col. 2, cit v. dhadi sahu [1976] 105 itr 56 at page 60 (ori.), .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)1ITD857(Kol.)
..... , that is, deduction of tax from the salaries payable to the employees, would not amount to a liability arising in consequence of any order passed under the income-tax act or other acts specified therein. therefore, he held that the conditions envisaged under items (a) and (b) to sub-clause (iii) of section 2(m) would not be satisfied ..... m) deals with debts or liabilities by way of tax, penalty or interest payable in consequence of any order passed under or in pursuance of the income-tax act or other acts. in the case of the assessee, we are only concerned with tax, and not penalty or interest.in the case of interest the liability may be automatic ..... and pay it to the central government on behalf of the person from whose income the deduction was made within the prescribed time. section 201 of the income-tax act dealing with the consequence of failure to deduct or pay such tax deducted at source provides that the person responsible for paying income chargeable under the head "salaries", etc .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1983)6ITD225(Kol.)
..... a common order. the assessment for the assessment year 1972-73 was completed on 25-7-1974. a notice under section 148 of the income-tax act, 1961 ('the act') was issued upon the assessee on 7-3-1977 indicating that the ito had reason to believe, in consequence of information in his possession, that income ..... allowed by the commissioner (appeals). he stated that the commissioner (appeals) allowed development rebate on typewriters and calculators. he referred to section 33(6) of the act and urged that typewriters and calculators were used by the assessee in its office.therefore, these were the office appliances on which specifically the development rebate is not ..... method of accounting.the assessee was following mercantile method of accounting at least up to the immediately earlier year. the income under section 145(1) of the act is computed in accordance with the method of accounting regularly employed by the assessee. the well-known methods of accounting are mercantile or cash. even hybrid .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)8ITD537(Kol.)
..... 8-10-1975. if they had not filed the returns by 8-10-1975, that is the date on which the voluntary disclosure of income and wealth ordinance came into force, they would have to face the penal consequences of section 18(1)(a) and also the provisions of prosecution as contained in section 36. if, however, they had filed ..... ground is laid for effectively using the information contained in the declaration for making assessments by bringing into existence the proceedings of assessment in terms of section 15 of the act. the rule has the same force as the statute and it also has the sanction of the parliament inasmuch as sub-section (3) of section 20 of the 1976 ..... act specifically requires the central government to place every rule before the parliament and unless it is modified or disapproved by the parliament, the rule has the sanction of the parliament. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)9ITD539(Kol.)
..... is property, though the date of payment may differ, and constitutes an asset. in this case itself the right to receive the compensation under the bihar land reform act, 1950, was determined by the tribunal at 65 per cent of the compensation determined by the compensation officer. while we are of the opinion that there is not much scope ..... considered by the wto and the assessee's share therein has been deducted while computing his net wealth during the relevant accounting years. so this argument has also no force.6. lastly, it was contended that in any case the amount was not paid to the assessee on the relevant valuation dates and what the assessee owned at ..... on the relevant accounting dates. reliance was placed in this behalf on the well known proposition of law laid down in the case of addanki narayanappa v. bhaskara krishnappa air 1966 sc 1300, that a partner has no interest in any specific asset of the firm till the firm is dissolved and the assets are distributed. reference was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1985)13ITD288(Kol.)
..... before 1-4-1950 for the purposes of the levy, assessment and collection of income-tax and super tax [emphasis supplied]. there ..... upon them and later by an order levied a penalty. in the meantime, the state of hyderabad merged with the indian union and the indian legislature by the finance act, 1950, provided that the law existing in the said state would cease to have effect except for the purposes of levy, assessment and collection of income-tax and super tax. ..... of the scheme of the act was again reiterated by their lordships of the hon'ble supreme court in bhikaji dababhai's case (supra). their lordships were interpreting in that case sub-section (1) of section 13 of the finance act, 1950 which saved the law relating to income-tax or super tax, which was in force in any part b state .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD495(Kol.)
..... fulfilment of certain conditions. those conditions are as follows : (i) the appellant-company has to fulfil certain conditions to ejaim relief under section 91 of the income tax act, 1961. we have to see and consider whether the appellant-company has satisfied those conditions as contemplated under the said section. those conditions are that (i) whether the ..... 35 itr 400. he has also relied on another judgment of the supreme court in regional settlement commissioner v. sundardas bhasin air 1963 sc 181 wherein the supreme court has held that section 13 of the general clauses act would not apply because the context in which the word 'building' is used shows that it would not include the ..... of income under the act. the income under each head is not subjected to tax separately.it is the total income which is computed and assessed as such and in respect of which tax relief is given for inclusion of the foreign income on which tax has been paid according to the law in force in that country.20 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD1(Kol.)
..... deducting expenses for earning the said dividends from the gross amount. the law as enacted in section 80aa of the act with retrospective effect is very clear on the point and after the said section 80aa came into force, the relief given on the gross amount of dividends in the original assessment orders became a mistake rectifiable under ..... section 154 of the act.6. shri n.a. bhaduri, the learned representative for the assessee, on the other hand, supported ..... done, it cannot be said that there was any mistake in the original assessment orders which is apparent from the record. apart from the above, there is also force in the other contention raised by the assessee, vis., that the method adopted by the income-tax officer to estimate the amount of expense which, in his opinion, .....
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