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The Asstt. Commr. of Income-tax Vs. Sachdeva and Sons

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2005)97TTJ(Asr.)1101

..... -sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry, of four years from the end of the relevant assessment-year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to make a return under section 139 or in response to a notice issued under sub-section (1) of section 142 or section 148 or to disclose fully ..... -90, we tried to look into these documents as to whether there was any evidence to show that the assessee had resorted to under invoicing of exports for the assessment years under reference.in fact, during the course of appeal proceedings before the bench, clarifications were not given by either side in respect of some of the documents referred to by the cit(a) for sustaining the additions.therefore, the ..... any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 & 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 proceedings under this section or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections .....

Sh. Durga Prashad Goyal Vs. the Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2006)98ITD227(Asr.)

..... omission or failure on the part of an assessee to make a return under section 139 for any assessment year to the assessing officer or to disclose fully and truly all material facts necessary for his assessment for that year, income chargeable to tax has escaped assessment for that year, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the assessing officer has in consequence of information in his possession reason to believe that income chargeable to tax has ..... escaped assessment for any assessment year, he may, subject to the provisions of sections 148 & 153, assessee or reassess such income .....

Durga Prashad Goyal Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2006)98ITD0227S(Asr.)

..... has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 and 153, assess or reassess such income or-recompute the loss or the depreciation allowance, as the case may be, for the assessment year concerned (hereafter in sections 148 to 153 referred to as the relevant assessment year).explanation 1.for the purposes of this section, the following shall also be deemed to be cases ..... failure on the part of an assessee to make a return under section 139 for any assessment year to the assessing officer or to disclose fully and truly all material facts necessary for his assessment for that year, income chargeable to tax has escaped assessment for that year, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the assessing officer has in consequence of information in his possession reason to believe that income chargeable to tax ..... four of the appeals as mentioned above.the facts as taken from one of the appeals of durga parshad goyal are that original assessments for the assessment years 1982-83 and 1983-84 were made in this case under section 143(1) vide orders dated 30-6-1983 and 30-11-1983 respectively.the assessments were reopened on the receipt of information indicating that searches conducted on the business and residential premises of shri parshotam dass and its associate .....

NavIn Kumar and Ashu Bagla Vs. Jt. Cit

Court : Income Tax Appellate Tribunal ITAT Amritsar

..... doubtful and the same could not form the basis of levy of penalty under section 271d in these cases.the learned commissioner of income tax (appeals) has sustained penalty of rs. 30,000 each for each of the assessment years by taking notice of the fact that these persons had stated in their statements that they availed of loans two or three times in their life span ..... to sum up shri sehgal concluded that the penalty sustained by the cit(a) may be deleted in all the cases for the above mentioned assessment years.the learned departmental representative for the revenue, on the other hand, heavily relied on the orders of the authorities below.we have heard both the parties at length and given our thoughtful consideration to the rival ..... since he was not satisfied with the explanation of the aforesaid persons, he imposed penalties of the following amounts for the below mentioned assessment years: being aggrieved, the aforesaid persons impugned levy of penalty in appeals before the learned cit(a). ..... . thus, respective grounds of appeals in all the cases for the above mentioned assessment years are allowed.in the result, all the appeals filed by the assessees are allowed ..... . accordingly, notices under section 274 read with section 271d of the act for the assessment years 1995-96 and 1996-97 were issued to the assessee on 2-12-1999 for 27-12-1999 .....

Shanker Rice Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2000)72ITD139(Asr.)

..... & haryana high court in the case of jhandu mal tara chand rice mills (supra), at page 199, observed : "it may be noticed at this stage that the milling of paddy and the sale of rice were controlled in the assessment year 1958-59 under the essential supplies act and the stocks in the possession of rice dealers and millers were from time to time checked by the food and civil supplies department. ..... been made by the assessing officer in the present case to prove that the yield of rice was more than the figure shown and that the same was sold outside the books of account and incidentally the assessing officer himself in the next two assessment years has accepted yield at 64.60% and 64.53% no doubt under section 143(1) but nothing prevented the assessing officer from making a scrutiny assessment in the light of the view expressed in assessment year 1989-90 making an addition ..... decided earlier the assessee had declared yield of 1.91% and the assessing officer had applied 2%.the tribunal referred to the case of singla rice mills, rampura phool where yield of phak for assessment year 1989-90 had been shown/adopted at 1%. ..... further, the total wages paid in the subsequent assessment years were more and these stood allowed. ..... page 112 of paper-book, this once again pertains to pau, ludhiana and the study from pages 108 to 112 is an analysis of pr-111 variety and the period apparently is the beginning of 1994 whereas we have before us assessment year 1989-90 in the first-mentioned appeal. .....

Asstt. Commr. of Income Tax Vs. Sachdeva and Sons

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2006)97ITD425(Asr.)

..... reading of the section 147 and proviso thereto shows that for the purpose of initiating a reassessment proceeding under section 147 for the assessment year 1989-90, the assessing officer was required to establish that income chargeable to tax had escaped assessment for the assessment year under reference by reason of the failure on the part of the assessee to make a return under section 139 or in response ..... and 153 referred to as the relevant assessment year).provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the ..... that the department has not been able to place any document, on, record, to show that there was underinvoicing for the assessment year under reference.therefore, the action of the assessing officer for reopening the assessment was illegal and bad in law.we have heard both the parties at length and given our serious considerations to the rival contentions ..... the assessee failed to produce the books of account, invoices and other material to substantiate its contention that there was no underinvoicing for the assessment year under reference and also to rebut the presumptions raised by the law that the contents of documents seized during the course of search should .....

Jammu and Kashmir Bank Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2008)114TTJ(Asr.)728

..... from the facts discussed above, it is obvious that at the time of completing the assessment for the assessment year under consideration under section 143(3), the ao did not allow the claim of exemption of its income made under sections 10(15), 10(23g) and 10(33) on the ground that the assessee failed to furnish the requisite documentary ..... since the facts of the case for the assessment year under consideration are similar to the facts of the case for the other assessment years, we are of the opinion that the principle of consistency also deserves to be ..... assessee had claimed and was being allowed exemption of its income under section 10(23g) for the earlier as well as subsequent assessment years in respect of which assessment under section 143(3) had been made. ..... facts of the case for the assessment year under consideration are the same as the facts for the other assessment years. ..... record our findings on the validity of the action of the cit on this issue, it would be appropriate to reproduce the relevant provisions of section 10(23g) applicable to the assessment year under consideration. ..... for the assessment year under consideration, the assessee has earned huge amount of income ..... the show cause notice, the assessee filed written submissions objecting to the proposed action of the cit wherein it was stated that there was no dispute about the applicability of section 14a of the act to the assessment year under consideration. ..... , 1962 and was applicable to the assessment year under reference. .....

The Dy. C.i.T., Range I Vs. J and K Small Scale Ind. Dev. Corp.

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2008)117TTJ(Asr.)706

..... and religious purpose only after the amendment to the trust deed in may, 1988 and that whether such rectified trust deed was pressed into service before the income lax authorities in the assessment proceedings, concerning the relevant assessment year, (he income lax officer would have to intrepret such rectified instruction for finding out its correct legal effect; (hat this would not be applicable for ..... will have to take the instruction as it exists in its actually amended form when these pressed into service for framing the assessment, even for the assessment year prior to the year in which the articles of association have been amended; that such interpretation of "kamla town trust" (supra) was erroneous; that the hon'ble supreme court had rather held that by virtue of the rectification of ..... since from the perusal of the orders of cit(a), bhatinda the additions/disallowances for these assessment years which were before him in appeals have been deleted and also confirmed to be deleted by the hon'ble itat, amritsar bench, amritsar as such it was required from the assessing officer to compute that income of the appellant trust which was after deleting all these additions/ ..... for finding out its legal effect, taking the instruction as it is in its actual amended form; that in the present case, the notice under section 143(3) of the income tax act for all the assessment years under consideration, were issued after the articles of association to the assessee were amended; that the a.o. .....

Shri NavIn Kumar S/O Shri Sohan Lal Vs. the Jt. C.i.T. [Alongwith I.T. ...

Court : Income Tax Appellate Tribunal ITAT Amritsar

..... to mention that similar situation arose before division bench of income tax appellate tribunal, amritsar in the cross appeals of abnash chander brick kiln owner in ita nos.455 and 465(asr)/2000 for assessment year 96-97 decided on merits on 30-11-2004 in which penalty under section 271-d with respect to acceptance of cash loans exceeding prescribed limit from the same person i.e. ..... . as regards appeals in the case of ashu bagla in ita no.377 and 378/jab/2000 for the assessment years 95-96 and 96-97 are concerned, the facts indicate that the assessee is doing business of readymade garments at fazilka and has never filed income ..... . thus, respective grounds of appeals in all the cases for the above mentioned assessment years are allowed.in the appeals under consideration, post hearing discussions on various aspects clearly indicated that there would be difference of opinion and on receipt of signed order sent ..... . juneja traders, fazilka during the year relevant to the assessment years 1995-96 and 1996-97 in contravention of the provisions of section 269ss of the income tax act, ..... . accordingly, the assessing officer referred the matter to the jcit, bhatinda range, bhatinda for imposition of penalty u/s 271d of the act.accordingly, notices under section 274 read with section 271d of the act for the assessment years 1995-96 and 1996-97 were issued to the assesses on 2/12/1999 ..... 000/- each and the balance amount of penalty for the assessment year 1995-96 and 1996-97 is deleted to the tune of .....

income Tax Officer Vs. Bir Engg. Works [Alongwith Misc.

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2005)94ITD164(Asr.)

..... special orders in respect of any class of incomes or class of cases, setting forth directions or instructions (not being prejudicial to assessees) as to the guidelines, principles or procedures to be followed by other it authorities in the work relating to assessment or collection of revenue or the initiation of proceedings for the imposition of penalties and any such order may, if the board is of opinion that it is necessary in the public interest so to do, be published and circulated in the prescribed manner ..... persons employed in the execution of this act shall observe and follow such orders, instructions and directions of the board : provided that no such orders, instructions or directions shall be issued- (a) so as to require any it authorities to make a particular assessment or to dispose of a particular case in a particular manner; or (b) so as to interfere with the discretion of the cit(a) in exercise of his appellate functions (a) the board may, if it considers it necessary or expedient so to do, for the ..... (i) the default in complying with such requirement was due to circumstances beyond the control of the assessee; and (ii) the assessee has complied with such requirement before the completion of assessment in relation to the previous year in which such deduction is claimed: provided that the central government shall cause every order issued under this clause to be laid before each house of parliament. ..... 1,00,000 in each assessment year and, therefore, according to the .....