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B.D. Gupta, S.D.O. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Agra

..... of the act having been issued after the expiry of a period of 12 months from the end of the month in which the returns for all the three assessment years were filed in response to notice under section 148 of the act and the consequential validity of assessments framed thereupon.according to the learned counsel the third issue was against the taxing of rental income from the property in the name of the assessees wife, in the ..... the learned counsel further submitted that the construction of the house has been admitted by the revenue during the assessment years 1983 to 1987 and there are not a single reference or mention either in the assessment order or in the order of the cit (a) with regard to the source of investment in this house has been made from ..... and bad in law notices as well as the assessments were illegal and bad in law.i, therefore, quash the assessment orders for all the three assessment years being illegal and bad in law.coming to the merit of the case the assessees counsel submitted that so far as taxing of rental income from the house property in the name of the assessees wife is concerned, the revenue could assess the same in the hands of the assessee only ..... against the taxing of investments in fdrs in the names of assessees wife and minor daughters and interest thereon.the facts notice relating to the aforesaid issues which are common in all the three assessment years and as have been revealed from the record are that the assessee was working as s.d.o., p.w.d. .....

Shri Rajeev Kumar Doneria Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2005)94ITD345Agra

..... tyagi, ca had appeared as late as on 23.4.1998 before the cit (appeals) in the matter of penalty proceedings under section 271(1)(c) for the assessment year 1988-89 in the case of the firm viz doneria cold storage & ice factory, agra. ..... that it was also submitted that it would be wrong to say that assessee executed power of attorney for the assessment year in question and for the proceedings in hand through which sri. ..... (a) because the learned commissioner of income tax (appeals)-i has erred in holding that the service of notice under section 148 on the chartered accountant, who had not filed any authority for the assessment year under consideration, in the individual case of the assessee as valid service. ..... (v) your honour sir, it is submitted that power of attorney has limited application and though it is said to for the same assessment year yet it cannot be extended to any other proceedings for the same assessment year in respect of a different assessee. (vi). ..... that in the case of sri rajeev kumar doneria partner of m/s doneria cold storage & ice factory, fatehabad, agra r/o f-19 kamla nagar, agra for the assessment year 1988-89 an appeal was pending before the learned c.i. ..... in this letter the ao has clearly mentioned that the perusal of the case records showed that the return of income for the assessment year 1988-89 was not filed. ..... prem kumar rastogi ...............it is not correct that determined share of the assesse in the firm for the assessment year 1988-89 was rs. .....

S.E. Investments Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2004)88ITD620Agra

..... during the course of hearing, our attention was drawn to para 18 of page 5 of the assessment order for the assessment year 1998-99, wherein the assessing officer has given the finding that the closing stock shown in the balance sheet is running stock in the amounts financed to the hirers, which clearly indicates that the stock is a capital stock and not ..... 1, 2 and 3 for all the assessment years from assessment years 1994-95 to 1999-2000 except for assessment year 1998-99 are as under: itanos. ..... thus, we dismiss all the three grounds of appeal 6f the assessee-company and uphold the order of cit(a)-ii, agra for the assessment years 1994-95, 1995-96, 1996-97, 1997-98 and 1999-2000.35. ..... counsel for the assessee emphasized that in assessment year 1998-99, the cit(a)-i, agra in his order has rightly appreciated the facts of the case and has allowed the appeal of the assessee. ..... first we take up the appeals filed by the assessee-company for assessment years 1994-95 to 1999-2000 except for the assessment year 1998-99.4. ..... the appeal of the department pertains to assessment year 1998-99 is directed against the order passed by cit(a)-i, agra dated 20-12-2001.2. ..... the appeals of the assessee for assessment years 1994-95, 1995-96, 1996-97, 1997-98 and 1999-2000 are directed against the consolidated order passed by cit(a)-ii, agra on 30-9-2002. ..... 15,16, 17, 18& 19 -assessment years: 1994-95, 1995-96,1996-97, 1997-98 and 1999-2000 1. .....

S.E. Investments Limited Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2004)83TTJAgra809

..... . during the course of hearing, our attention was drawn to para 18 of page-5 of the assessment order for the assessment year 1998-99, wherein the assessing officer given the finding that the closing stock shown in the balance sheet is running stock in the amounts financed to the hirers, which clearly indicates that the ..... . counsel for the assessee emphasized that in assessment year 1998-99, the cit (a)-i, agra in his order has rightly appreciated the facts of the case ..... influenced by the appellate order passed by cit (a)-ii, kanpur and further observed that the assessing officer has lifted certain portion of the order of cit(a)-ii, kanpur verbatim reproducing the same in the assessment order.in this regard, the cit (a)-i, agra has compared para 8 of the order of cit (a)-ii, kanpur dated 02.02.1999 and para-6 of the assessment order, where it is held by the cit(a)-i, agra that certain sentences have ..... . accordingly, instead of routinely treating all hire-purchase transaction as mere financing transactions, the assessing officers may be advised to examine each transaction in the above light and charge interest-tax in such of those transactions, which are not ..... considered the meaning of word interest while upholding the assessment order which levied interest tax on hire charges ..... . jcit circle-1(1) kanpur.in this regard, we are of the view that assessing officer has not committed any wrong in considering the above order of first appellate authority and in taking the assistance for .....

Brij Bhushan Agarwal Vs. Cit

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2005)2SOT811Agra

..... all, after referring to the order under section 263, the learned counsel submitted that after the reading of the order as a whole, it transpires that the cit has considered the assessment order as erroneous and prejudicial to the interest of revenue mainly on the ground that (i) the assessee had not produced all the donors alongwith their original pass books, (ii) that no ..... assessment year 1998-99, wherein, the cit had set aside the assessment order in exercise of powers under section 263 of the act on similar grounds, but the hon'ble tribunal set aside the order of the cit, after holding that it is for the assessing officer and not for the cit to decide as to upto what extent, the enquiry is to be made, i am of the opinion that the assessment ..... duly acknowledged these facts.on 20-10-2004, the learned departmental representative produced assessment records, which were perused by the tribunal and the appeal was heard.the brief facts, as have been revealed from the records and stand admitted by both the parties are that the assessee had filed his return of income for the assessment year 2000-01 declaring a loss of rs. ..... joint venture in sugar in associatioa with certain other firms and disclosed its share income from the said joint venture in its return of income for the assessment year 1969-70, which was accepted and the assessment was made. ..... by the commissioner of income tax for both the years calling upon the assessee to show cause as to why assessment orders be not cancelled. .....

A.C.i.T. Vs. Shri Baikunth Nath Singhal, Smt.

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2004)89ITD109Agra

..... such period, not being less than thirty days, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this act shall; so far as may be, apply ..... according to her, the language of section 147 is that:- "if the assessing officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 to 153, assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings ..... an assessment under sub-section (3) of section 143 or this section has made for the relevant assessment year........." 4 ..... assessment year ..... revenue is directed against the order passed by dcit(a), agra on 8^th march 95 for the assessment year 84-85. ..... notice under section 143(2) was issued after the expiry of one year from the date of filing of the return irrespective of the fact that the return was filed under section 148 by the assessee and thus the issue of notice under section 143(2) was not necessary for making the assessment under section 147 and assessing officer issued the notice under section 142(1) well within time. .....

Haryana Delhi Tpt. Commission Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Agra

..... thus, penalty was not leviable merely on the basis of addition sustained in quantum proceedings.accordingly, orders of the cit(a), confirming penalty under section 271(1)(c) of the act, for both the assessment years under consideration arc set aside and penalties levied under section 271(1)(c) of the act stand cancelled. ..... undisputedly it is a case of search & seizure and previous history of the assessee reveals that assessee was being assessed from assessment year 1980-81 to the present assessment years for only one source of income and as submitted by assessee and not controverted from revenue, the assessment in subsequent years also is in respect of one source of income. ..... in assessment years 1983-84 and 1984-85 alone there was finding of assessing officer that assessee was having two other sources of income but in assessment year 1985-86 onwards the assessee was showing only one source of income from transportation of goods and up to assessment year 1988-89 the same income was being assessed. ..... copy of written submissions made before the assessing officer is appearing at pages 30 to 42 of the paper book in which it was submitted that assessee was being assessed from assessment year 1980-81 onwards and till 1982-83 the assessee was showing one source of income from transport of goods from agra to delhi and being assessed on the negligible increased returned income. .....

Chandra Bhan Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2006)98ITD6Agra

..... it was stated that the return for assessment year 1993-94 and earlier years were not filed as the assessee's income was below the taxable limit. ..... the assessing officer treated the income as per the return of income filed by the assessee on 18-5-1998 for the assessment years 1994-95 to 1997-98 as representing the assessee's undisclosed income for the block period.the returns of income had been filed by the assessee after the search.the ld. ..... for the assessment year 1998-99, the return of income was filed on 31-10-1998. ..... the assessee had never filed any returns of income till the action under section 132a, as above-mentioned, was taken on 29-4-1998.thereafter, the assessee filed on 18-5-1998 returns of income for assessment years 1994-95 to 1997-98. ..... 76,000 also as representing assessee's undisclosed income under section 158bc for the assessment year 1996-97. ..... 5, whereby the assessee has disputed the addition of following amounts as undisclosed income of the assessee for the block period :assessment year amount1994-95 rs. ..... cit [1941] 9 itr 130 (all), the mistake in the notice of not scoring out any of four capacities printed therein was held to be not material because the assessee had been assessed in the previous years as undivided hindu family and had submitted the return as undivided hindu family. ..... facts of that case are that rangalal jajodia filed income-tax returns for the years 1942-43 and 1943-44 but before the assessments could be made, rangalal jajodia died. .....

Shri Chandra Bhan S/O Shri Ved Ram Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Agra

..... made or issued or taken in pursuance of any of the provisions of this act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of income, assessment, notice, summons or other proceeding if such return of income, assessment, notice summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this act.as to the scope and applicability of the provisions of section 292b reference is invited to ..... 1993-94 and earlier years were not filed as the assessee's income was below the taxable limit.the assessing officer treated the income as per the return of income filed by the assessee on 18.5.1998 for the assessment year 1994-95 to 1997-98 as representing the assessee's undisclosed ..... for the assessment year 1998-99, the return of ..... any returns of income till the action under section 132a, as above mentioned, was taken on 29.4.1998.thereafter, the assessee filed on 18.5.1998 returns of income for assessment years 1994-95 to 1997-98. ..... assessee's undisclosed income under section 158bc for the assessment year 1996-97. ..... of not scoring out any of four capacities printed therein was held to be not material because the assessee had been assessed in the previous years as undivided hindu family and had submitted the return as undivided hindu family. ..... rangalal jajodia filed income tax returns for the years 1942-43 and 1943-44 but before the assessments could be made, rangalal jajodia died. .....

Farrukhabad GramIn Bank Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2006)103ITD207Agra

..... rrb act, 1976 as no arguments were advanced and moreover the facts and circumstances were entirely distinguishable.11.42 on a careful consideration of the arguments advanced and noting the fact that the facts and circumstances in the two assessment years are entirely different and also without going into a lengthy discussion on the principles laid down by various judgments in the line of res judicata we would merely like to confine ourselves to the finding that there is a ..... considered by any order or judgment with regard to slr and non-slr and the order of the tribunal in assessee's own case, it was submitted, was not a bar since admittedly the facts and circumstances of the two assessment years were entirely different and moreover no arguments pointing out the distinction in the case of co-operative society and rrb act was advanced as such the tribunal never had an occasion to consider it.9 ..... . various judgments were relied in support of the proposition that res judicata does not apply as facts and circumstances of the two assessment years are different and each judgment lays down the ratio which is not to be blindly applied in each and every case since the ratio would apply only to identical facts and circumstances and not to different ..... . in the return filed for the assessment year under appeal, the assessee claimed exemption under section 80p(2)(a)(i) in respect of the net profit of rs .....