Judgment Search Results Home > Cases Phrase: army act 1950 section 58 signing in blank and failure to report Court: income tax appellate tribunal itat mumbai Year: 1997

Sushila Devi Gupta Vs. Income Tax Officer. (Also Anil

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... come up in appeal. we have heard both the parties. the learned counsel for the assessees vehemently challenged action of the ao under s. 147/148 of the it act and wanted us to see the reasons recorded by the ao. he also complained that revenue authorities were not justified in holding that assessee were not entitled to ..... gains was assessable accordingly.4. the ao in the original assessments accepted the claim made by the assessees. however, subsequently he initiated proceedings under s. 148 of the it act and issued notice to the assessees on 23rd june, 1993.the assessees submitted same returns.5. the ao did not accept that capital gain accrued to smt. sushila devi ..... wives and sons, besides allotting shares to themselves. the aforesaid partitions recognised by the ao vide order, dt. 29th march, 1985, under s. 171(3) of the it act. on 8th may, 1979, smt. sushila devi and her two sons anil kumar gupta and arun kumar gupta entered into an agreement to construct additional eight flats. the said .....

Tata Chemicals Limited Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1998)67ITD56(Mum.)

..... state air 1967 pun. 42, cited by mr. deodhar stands on a different footing in the sense that it was interpreting s. 301 of the cr.pc. sec. 301(2) says that if in any case before the court any private person instructs a pleader to prosecute any person in the court, the public prosecutor or ..... consequence would be that mr. tralshawala's appointment as "authorised representative' is invalid, and the further consequence would be that he cannot validly appoint mr. modi "to act" for him.28. arguments were advanced by both sides on the question whether the requirement that the notification should be gazetted is a mandatory requirement or is merely ..... alone, where the cleavage between the original and appellate jurisdictions continued to be marked due, as we have seen, to historical reasons, the functions of pleading and acting, which a legal practitioner normally combines in his own person were bifurcated and assigned, following 'the usage and the peculiar constitution of the english bar' (per lord .....

Mahindra and Mahindra Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1997)61ITD129(Mum.)

..... and directors.the law makers with a view to overcome the above shortcoming brought about by the madras high court (supra), brought in sub-section (4) of section 37 of the act whereby it was explained that the provisions relating to guest house are inapplicable when any guest house is maintained as a holiday home when the ..... a director or the holder of any office in the assessee-company would be in the nature of a guest house within the meaning of sub-section (4) of section 37 of the act. it was accordingly concluded that - "in our view, by providing accommodation to the members of the crew as also to representatives of the assessee ..... guests of an assessee are received and entertained gratuitously or at a concessional rate. the court also referred to the provisions of sub-section (5) to section 37 of the act, that was inserted by the finance act, 1983, giving it a retrospective operation from april 1, 1979, clarifying that accommodation maintained by the assessee to provide lodging or .....

Tejinder Singh Makkar Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1998)229ITR82(Mum.)

..... and can be exercised only if the circumstances specified therein exist. two circumstances, the court said, must exist to enable the cit to exercise the power of revision under this section, viz., (i) the order should be erroneous; and (ii) by virtue of the order being erroneous, prejudice must have been caused to the interests of the revenue. ..... 8,35,000 given by the assessee to his wife as also so far as the defective return are concerned. sec. 263 of the act empowers the cit to call for and examine the record of any proceedings under this act and if he considers that any order passed therein by the ao is erroneous insofar as it is prejudicial to the ..... number of parties were storing their unaccounted imported crca sheets in certain warehouses, action under s. 132 of the act was taken in respect of few warehouses. the warehouses of western india steel traders was also covered under the said section on 12th january, 1990. stock of crca sheets and coils valued at rs. 1.45 crores were found in .....