Court : Patna
..... 256(1) of the income-tax act, 1961 (for short, 'the act' only), the appellate tribunal, patna bench, patna, has referred to this court the following questions of law for its opinion for the assessment years 1977-78 and 1978-79 : ' (i) whether, on the facts and in the circumstances of the case, the tribunal was justified in setting aside the order of the commissioner, who had only remanded the case back ..... for the assessment year 1978-79 as well against the order of the commissioner of income-tax under section 263 of the act, the appeal of the assessee was ..... for the assessment year 1977-78, the assessee filed its return of income showing ..... so the provisions of section 144b of the act were applicable and as per the provisions of that section the income-tax officer in the first instance had to forward a draft of the proposed order of assessment to the assessee, who, on receipt of the same is to send his objections, if any, to such variation to the income-tax officer. ..... the action of the income-tax officer in not preparing the draft of the assessment order was apparently erroneous and it was prejudicial to the interests of the revenue ..... , the commissioner of income-tax, in exercise of his powers under section 263 of the act, set aside the order of assessment as rectified by the income-tax officer under section 154 of the act. ..... the assessee filed two appeals--one against the assessment made under sub-section (3) of section 143 of the act and the other against the order made under section .....
Tag this Judgment!Court : Patna
..... the following conditions should be satisfied :(a) there must be escapement of chargeable income of the relevant assessment year;(b) the ao must have reasons to believe (and not merely reasons to suspect) that such escapement is due to failure of the assessee to file return for that year or due to his failure to disclose fully and truly all the material facts necessary for his assessment for that year; and(c) even if there is no such failure, the ao has, in consequence of ..... ltd.s case : [1971]79itr609(sc) , the supreme court held thus :"thus, it is seen that in burlop dealers case : [1971]79itr609(sc) , apart from the ito holding during the assessment proceedings of the same assessee for a subsequent year, that the alleged agreement between the assessee and ratiram was bogus, there was no other information or material from any other external source which came to the notice of the ..... 139 for any assessment year to the ao 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 ..... hold that the ao could not (and did not) have any reason to believe that the income chargeable to tax has escaped assessment for the relevant assessment years, by reason of the omission or failure on the part of the assessee to disclose fully and truly all the material facts necessary for its assessments for the relevant assessment years .....
Tag this Judgment!Court : Patna
..... shall serve on the assessee a notice requiring him to furnish within such period, 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 accordingly ..... (hereafter in this section and in sections 148 to 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 part of the assessee to make a return under .....
Tag this Judgment!Court : Patna
..... 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 to 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).' 9. mr. k. k. ..... of the income-tax act, 1961, asking them to file return within 30 days of the notice for reassessment on the ground that income chargeable to income-tax for the assessment year 1988-89, had escaped assessment within the meaning of section 147 of the said act. ..... , contended that the assessment of the petitioners for the assessment year 1989-90 having been completed on the basis of the returns in which all material facts had been fully and truly disclosed under section 143(1) of the act, there was no justification for the assessing officer to reopen the assessments. ..... sheet (annexure-4), it would appear that the assistant commissioner of income-tax, dhanbad circle, had advised the assessing officer (of the petitioners) to take necessary action under section 263 of the aet, vide his letter no ..... while completing his assessment for the year 1988-89 on march 30, 1989, he made certain additions, as detailed below, which his assessing officer had tried to explain in .....
Tag this Judgment!Court : Patna
..... assessment for the assessment year 1989-90 was made for the first time, in the course of which it is alleged that the firm received loans/deposits from its partners as well as from other parties in cash in contravention of the provisions of section 269ss of .....
Tag this Judgment!Court : Patna
..... income tax act, 1961 (hereinafter referred to as the act) were initiated against the assessee, since she allegedly failed to file the audit report on or before the due date of filing the return for the assessment year 1997-98, that is, before 31-10-1997. .....
Tag this Judgment!Court : Patna
..... 3 under section 17 (5) of the bihar finance act for the assessment year 1.4.1984 to 30.4.1990 as well as for quashing the notice making demand of rs. ..... 19,27,000/- which the assessee authority has treated as work contract and on that basis assessed the amount and imposed penalty that the firm was not registered under the provisions of bihar finance act.4. ..... this apart, this court has already quashed the assessment order with regard to the works contract on the ground that the aforesaid provisions are not workable and directed that the assessment will survive after the provision is made workable. ..... coming to the merits of the case, it appears that the assessment order does not show that the authorities have gone into the question regarding the commissioning of boiler. ..... in that view of the matter, the impugned assessment order so far the work contract is concerned is set aside and the matter is remitted to the authority concerned to consider afresh in the light of the observation made above.8. ..... the court quashed the assessment order but held that the liability of dealer will survive and continue and he would be liable to be taxed after the provisions are made workable.5. ..... learned counsel appearing for the state on the other hand submitted that the authorities have rightly assessed and imposed penalty. ..... 2,51,084.24 on the basis of the assessment order.2. .....
Tag this Judgment!Court : Patna
..... it was found that the returns of income filed by sri dipesh chandak and the documents and statements annexed with the returns for the assessment years 1989-90 to 1996-97 in his individual name as well as in the names of his hindu undivided family and related concerns were false. ..... it was contended by the learned lawyer for the opposite party, union of india, that the matter relating to the assessment order for the assessment year 1991-92 in respect of the petitioner, dipesh chandak, is at present pending before the income-tax appellate tribunal.16. ..... annexure 6 shows that it was in respect of the assessment year 1991-92.8. ..... according to the supplementary affidavit filed on behalf of the petitioner, he had preferred an appeal against the assessment order and by the order dated october 24, 2000, the appellate authority had allowed the appeal. ..... complaint case has been filed against the petitioner, dipesh chandak, and others, by the union of india through the deputy commissioner of income-tax, central circle-1, patna, in respect to the returns filed for the years 1988-89 to 1996-97.9. .....
Tag this Judgment!Court : Patna
..... the appellate authority reduced the amount of penalty for the assessment year 1972-73 and with regard to assessment year 1978-79, the appellate authority found that as the date for filing the return was 3 1-7-1978 and both the assessees/ partners/opposite parties filed the return on 23-4-1980 ..... in the case in hand, the penalty has already been imposed on the firm by the income tax officer, the penalty was not leviable upon the partners for the assessment years 1973-74 to 1977-78 and, accordingly, cancelled the penalty.10. ..... also admitted position that the firm did not file the return and after discovery of the incriminating materials in pursuance of the search and seizure, the firm has been assessed and penalty has been imposed and thereafter penalty has also been imposed on the assessees /partners/ opposite parties for not filing the return in time and not showing ..... so far as the penalty imposed for other assessment years, the appellate authority held the firm is not a legal person or juridical entity and any tax imposed on a firm is, in fact, a tax upon the partners and similarly penalty on the firm is ..... income tax officer did not accept the explanation given in the show cause and imposed penalty under section 271(1)(a) of the act for all the assessment years as referred to above by separate orders dated 5-2-1982. ..... penalty for not filing the return within time for the assessment years 1973-74, 1974-75, 1975-76, 1976-77 and 1977-78. ..... relates to the assessment years 1972-73 as well .....
Tag this Judgment!Court : Patna
..... the appellate authority reduced the amount of penalty for the assessment year 1972-73 and with regard to assessment year 1978- 79, the appellate authority found that as the date for filing the return was 31.7.1978 and both the assessees/partners/opposite parties filed the return on 23.4.1980 ..... income-tax officer did not accept the explanation given in the show cause and imposed penalty under section 271(1)(a) of the act for all the assessment years as referred to above by separate orders dated 5th february, 1982. ..... in the case in hand, the penalty has already been imposed on the firm by the income-tax officer, the penalty was not leviable upon the partners for the assessment years 1973-74 to 1977-78 and accordingly, cancelled the penalty.10. ..... admitted position that the firm did not file the return and after discovery of the incriminating materials in pursuance of the search and seizure, the firm has been assessed and penalty has been imposed and thereafter penalty has also been imposed on the assessees/partners/opposite parties for not filing the return in time and not showing the ..... so far as the penalty imposed for other assessment years, the appellate authority held that the firm is not a legal person or juridical entity and any tax imposed on a firm is, in fact, a tax upon the partners and similarly penalty on the firm ..... penalty for not filing the return within time for the assessment years 1973-74, 1974-75, 1975-76, 1976-77 and 1977-78. ..... relates to the assessment years 1972-73 as well .....
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