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Smt. S.V. Dhanwatay Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1989)28ITD135(Nag.)

..... the topic 'charge of wealth-tax'and provides that there shall be charged for every assessment year wealth-tax in respect of the net wealth, subject to the other provisions contained in ..... 85 to 94/nag/1981 (by the assessee), 64 to 73/nag/1981 and 226/nag/1981 (by the revenue) involving assessment years 1965-66 to 1974-75 and 1975-76 in the case of the present appellant-assessee, income-tax appellate tribunal, nagpur bench, at nagpur (qua the question ..... rent control acts and to civil laws but not to income-tax/ wealth-tax proceedings since under section 26 of the income-tax act, 1s61 if the shares are determinate, the co-owners are assessed as individuals and not as 'association of persons' and that is the case here also ; that valuation is relatable to assessee's 'interest in the property' and not the property as a whole ..... (1) for the purpose of making an assessment (including an assessment in respect of any assessment year commencing before the date of coming into force of this section) under this act, the wealth-tax officer may refer the valuation of any asset to a ..... co-owners constitute an association of persons ; (b) whether procedural sections/rules should be interpreted to further the working of the act rather than impeding ; (c) whether the order of the itat for the earlier years should be followed or not ; (d) whether the question of "jurisdiction can be raised at the stage of the itat for the first time ; (e) whether district valuation officer's report should be considered .....

V.H. Jajoo Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1998)67ITD619(Nag.)

..... in response to the above notice, assessee filed a written statement on 18-2-1993 and contended that itat, nagpur bench, having dismissed departmental appeal for assessment year 1983-84 against the order of the learned cit (appeals) allowing the claim of the assessee, there is no case for the department. ..... the learned counsel further contended before the first appellate authority that for the very assessment year assessee's appeal under section 154 had been allowed on the very same issue and, therefore, the relief cannot be denied to the assessee against the very same assessee. ..... this appeal by the assessee pertains to the assessment year 1991-92.the only effective ground of objection by the assessee is directed against the order of the learned cit (appeals) in not allowing deduction of expenses incurred by the assessee for earning income by way of incentive bonus/salary. ..... ) of 1977-78] for assessment years 1973-74 and 1975-76 dated 16-2-1978 and the tribunal bangalore bench in the case of k.p. ..... for the assessment year 1991-92 the assessee filed the return on 14-8-91 showing income at rs. ..... 13, 18 and 139/hyd/86] relied upon by the itat, nagpur bench in the appellant's own case for earlier years becomes untenable because in dayakar's case the special bench of the tribunal had proceeded on the footing that incentive bonus was assessable as salary income but deduction for expenditure was to be allowed from the same under the provisions of section 10(14) of the act. .....

Assistant Commissioner of Vs. Shravan Mahipati Hedau (Huf).

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1997)62ITD70(Nag.)

..... it was, however, pointed out that the high court went further and held that as a consequence of quashing the order of transfer : (a) the concerned assessing authorities shall also be entitled to issue fresh notices for completion of assessment proceedings for the relevant assessment years, and (b) any order passed pursuant to the transfer will be void and will not affect or bind the petitioner. ..... when the order under section 144 was passed by the acit, nagpur dated 12-3-1992, the jurisdiction was with the acit, nagpur and the assessment was made on conferment of jurisdiction by a proper order under section 127 on 9-8-1991.therefore, the set aside order of the cit(a) was on a ground different than in the assessment years 1982-83 to 1984 and is based on the assessees reasonable cause in not complying the notices under section 142. ..... when the order under section 144 was passed by the acit, nagpur, dated 12-3-1992, the jurisdiction was with the acit, nagpur and the assessment was made on conferment of jurisdiction by a proper order under section 127 on 9-8-1991.therefore, the set aside order of the cit(a) was on a ground different than in the assessment years 1982-83 to 1984-85 and is based on the assessees reasonable cause in not complying the notices under section 142. ..... cit, nagpur on 9-3-1991, that is to say, after the assessment for the assessment year 1982-83 was completed but before the assessments for the assessment years 1983-84 and 1984-85 could be completed. .....

M.P. Agricultural Corpn. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1993)44ITD466(Nag.)

..... -75 to 1979-80 on the basis of its petition filed before the cit on 19-2-1983, the same were regularised by the issue of notices under section 148 on 28-3-1983 for the assessment years 1978 79 and 1979-80 and on 31-3-1983 for the assessment years 1974-75 to 1977-78. (b) the assessments for the assessment years 1974-75 to 1976-77 were completed in normal course and on the date when the assessee filed the petition before the cit under section 273a of the act, there ..... . it was submitted that the orders of the cit(a) for the assessment year 1978-79 and the cit for the assessment year 1977-78 clearly indicated that though the assessing officer wanted to look into the materials in detail and pass fresh order, the original orders of the assessing officer for the assessment years 1977-78 and 1978-79 do not indicate any finding of fact which could depict anything else except saying that the department was making enquiries ..... . we are of the opinion that though the department was in the process of making enquiries but as the orders of the cit and cit(a) for the assessment years 1977-78 and 1978-79 shows that the department was still on fishing expedition and had not been able to catch any fish .....

Sonu Liquor Traders Vs. the Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (2006)100ITD455(Nag.)

..... by the assessee is for the assessment year 1996-97. ..... fixed any rate for sale and the figures intimated by the excise department are tentative sale prices of goods and is mainly for the purpose of estimating the auction amount for subsequent year.there is nothing on record to show that the assessee had actually sold the liquor for a higher price. ..... the fact that the assessee has accepted the i assessment and offered the income to tax does not automatically lead to the conclusion that the assessee had ..... therefore, in the penal proceedings which conceptually differ from assessment proceedings, the assessee can file an explanation justifying its action in not including a particular item of income in its return, though it may have offered the amount to be ..... so as to purchase peace and avoid litigation, in the assessment proceedings, the assessee surrendered the amount and that does not automatically establish the furnishing ..... for the reasons stated in the assessment order at page 3, the ao came to the conclusion that the assessee had suppressed the ..... the counsel submitted that the business was done for one year and subsequently, the partners have started their own independent business and as such, the assessee thought that it is not worthwhile to go into litigation and, therefore, the assessee agreed ..... inviting our attention to the assessment order which is placed in the paper book where the ao observed that "total difference or suppression of sales figures by the assessee, therefore, .....

income-tax Officer Vs. B.D. Yadav and M.R. Meshram

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1994)48ITD54(Nag.)

..... they had also disowned their signatures on the so-called consent letters furnished by you in the course of assessment proceedings for the assessment year 1985-86 before my predecessor....it proves that in order to achieve your object of tax evasion, you have not only fabricated false evidence but also introduced the names of dead persons as creditors'. ..... the letter reads as under: during the course of assessment proceedings for the assessment year 1985-86, your goodself had pointed out certain defects, as mentioned in letters referred above and seeking its compliance on or before 26th february, 1987. ..... these facts are brought on record at this stage as on examination of the entire assessment record for the assessment year 1985-86, it seems no opportunity was given to the assessee to examine the above named persons either during the regular assessment proceedings or during the penalty proceedings.5. ..... the departmental representative invited our attention to the letter dated 23-12-1986 written by the assessing officer to the cit regarding the assessment for the assessment year 1985-86 completed by the assessing officer earlier. ..... during the course of the assessment proceedings for the assessment year 1986-87, the assessing officer found that the assessee had shown cash credits totalling in all rs. ..... during the examination of the accounts for the assessment year 1986-87, proceedings under section 132(1) of the income-tax act, 1961, were taken against the assessee on 22-12-1986. .....

Assistant Commissioner of Income Vs. Shravan Mahipat Hedau (Huf)

Court : Income Tax Appellate Tribunal ITAT Nagpur

..... it was, however, pointed out that the high court went further and held that as a consequence of quashing the order of transfer : (a) the concerned assessing authorities shall also be entitled to issue fresh notices for completion of assessment proceedings for the relevant assessment years, and (b) any order passed pursuant to the transfer will be void and will not affect or bind the petitioner. ..... in mind and also the observations of the various courts of law in the context of jurisdiction possessed by the ao, i cit(a) would, from the point of view of fairness to both the department and the assessee, set aside the assessments for all the three years for reframing by the ao possessing jurisdiction at the relevant assessment years in accordance with law". ..... 17th january, 1992 set aside the assessment orders of 5th march, 1991, and 27th march, 1991 to be made afresh by the ao "possessing jurisdiction at the relevant point of time for the relevant assessment years in accordance with law".5. ..... four of the appeals have been filed by the department and other three appeals are the cross appeals filed by the assessee for the same assessment years. ..... keeping in view the above fact and also the observations of the various high courts in the context of jurisdiction possessed by the ao, he set aside the assessment for all the three years for reframing by the ao initially possessing jurisdiction at the relevant assessment order in accordance with law, that is to say, the ao (ito), bhandara. .....

Assistant Commissioner of Income Vs. Shravan Mahipat Hedau (Huf).

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1997)58TTJ(Nag.)771

..... it was, however, pointed out that the high court went further and held that as a consequence of quashing the order of transfer : (a) the concerned assessing authorities shall also be entitled to issue fresh notices for completion of assessment proceedings for the relevant assessment years, and (b) any order passed pursuant to the transfer will be void and will not affect or bind the petitioner. ..... in mind and also the observations of the various courts of law in the context of jurisdiction possessed by the ao, i cit(a) would, from the point of view of fairness to both the department and the assessee, set aside the assessments for all the three years for reframing by the ao possessing jurisdiction at the relevant assessment years in accordance with law". ..... 17th january, 1992 set aside the assessment orders of 5th march, 1991, and 27th march, 1991 to be made afresh by the ao "possessing jurisdiction at the relevant point of time for the relevant assessment years in accordance with law".5. ..... four of the appeals have been filed by the department and other three appeals are the cross appeals filed by the assessee for the same assessment years. ..... keeping in view the above fact and also the observations of the various high courts in the context of jurisdiction possessed by the ao, he set aside the assessment for all the three years for reframing by the ao initially possessing jurisdiction at the relevant assessment order in accordance with law, that is to say, the ao (ito), bhandara. .....

Assistant Commissioner of Income Vs. Dinesh Paper Mart.

Court : Income Tax Appellate Tribunal ITAT Nagpur

..... as under : "if any person satisfies the ao that the amount of tax paid by him or on his behalf or treated as paid by him or on his behalf for any assessment year exceeds the amount with which he is properly chargeable under this act for that year, he shall be entitled to a refund of the excess. ..... if the assessee has paid the tax more than the tax on his assessed income, such excess tax cannot be said to be tax levied or collected by authority ..... 143(4) talks, 'if no refund is due on regular assessment' this obviously means a refund may be possible under the regular assessment whether that refund is granted to the assessee or whether that refund is granted to the assessee or whether the refund is treated as tax payable by the assessee is an act subsequent to the completion of the assessment :" the above decision is followed by the tribunal, nagpur bench, in the case of shri deepak chhabra in ..... has already paid the tax more than the tax worked out on the basis of income assessed, we do not find any justification for non-refunding the same. ..... is primarily required to make an assessment of total income of the assessee on the basis of all the relevant material gathered by him during assessment proceedings.once the income, is determined, tax payable thereon has to be worked out as per the rate of tax prescribed in the finance act of the relevant year. ..... deemed to have been paid towards such regular assessment; (b) if no refund is due on regular assessment or the amount refunded under sub-s. .....

Bakhtawarsingh Balkrishan Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (1998)64ITD50(Nag.)

..... was also submitted that the itat, nagpur bench has held that section 104 is not applicable to the assessee for the assessment years 1983-84, 1984-85 and 1986-87 and 1987-88 vide its orders dated 9-1-1992 and 10-10-1991. ..... 13,44,030 for the assessment years 1981-82 and 1982-83 respectively.the assessing officer noticed that the assessee has not disclosed any dividend for the assessment year 1981-82 and declared the dividend of ..... view of the decision of the supreme court cited supra, he, therefore, held that the charge of additional tax under section 104 of the act for the assessment years under consideration was justified. ..... none of the authorities below have specifically considered this issue from this angle, we are of the opinion that the matter should be restored to the file of the assessing authority, namely, the income-tax officer to decide this issue afresh in the light of the observations made by the special bench which have been quoted in extenso above ..... appeals are by the assessee and pertain to the assessment years 1981-82 and 1982-83. ..... 680 only for the assessment year 1982-83. ..... the bench ultimately remanded the matter to the assessing officer to determine the extent of activity by looking into the nature of activities for each year separately and if the predominant activity was such that it would come under the head 'manufacture or processing of goods', the benefit should be given to the ..... he confirmed the order of the assessing officer for both the years under consideration. .....