Court : Punjab and Haryana
Reported in : [2004]269ITR251(P& H)
..... of income-tax (appeals) and the tribunal in their orders in the assessment years 1989-90 and 1990-91 after appraising the evidence on record, have given detailed reasons for rejecting the estimate of cost of construction made by the assessing officer and for accepting the report of the registered valuer. ..... commissioner of income-tax (appeals) observed that although, in the relevant two assessment years, no books of account had been maintained, yet in view of his findings in the assessment years 1989-90 and 1990-91, that the report of the registered valuer filed by the assessee being comprehensive and scientific was preferable to the report of the district valuation officer, no addition was called for in the assessment years 1987-88 and 1988-89.8. ..... in this factual back-drop, the assessing officer also initiated proceedings under section 147 of the act for assessing the unexplained investment as per the district valuation officer's report for the assessment years 1987-88 and 1988-89 to which the present ..... during the course of proceedings relating to the assessment years 1989-90 and 1990-91, the assessing officer referred the matter of valuation of the cinema building owned by the assessee to the district ..... bench, amritsar (for short 'the tribunal'), dated september 19, 2003, whereby its appeals against the order of the commissioner of income-tax (appeals) (for short 'the cit(a)'), dated february 10, 1999, for the assessment years 1987-88 and 1988-89, have been dismissed.2. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)199CTR(P& H)193; [2005]277ITR120(P& H)
..... 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 to 153, assess or reassess such income or recompute the loss or the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1983]53STC112(P& H)
..... that the said authority, if satisfied that the dealer is unable to pay the whole of the amount of tax assessed or the penalty imposed or the interest due, he may, if the amount of tax or interest admitted by the appellant to be due has been paid, for reasons to be recorded in writing, entertain the appeal subject to the furnishing' of a ..... here concerns proceedings under the law relating to sales tax and pertains to the assessment year 1972-73.2. ..... in the haryana act but such appeal can now be entertained only on payment of admitted or assessed tax in terms of section 39(5) thereof which reads as under :no appeal shall be entertained unless it is filed within sixty days from the date of the order appealed against and the appellate authority is satisfied that the amount of tax assessed on, and the penalty and interest, if any, recoverable from the person has been paid :provided ..... that the provisions of the amending act applied even to assessments relating to earlier years which had not yet been completed. ..... the point sought to be urged by the counsel for the petitioner was that as the 'assessment in this case related to a period prior to the coming into being of the haryana act, and one appeal having already been filed and decided under the punjab act, the appeal to ..... , the pre-condition for the entertainment of the appeal was changed to payment of the assessed tax and penalty, if any, levied thereon. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1985]58STC393(P& H)
..... this court held that the second proviso to section 5(1) of the act when properly interpreted provided that the selling dealer who sold goods six months after the close of the assessment year could claim refund of purchase tax from the revenue and the bench, therefore, held that the levy under the state law did not contravene the provisions of the central act. ..... 11 of 1984, struck down as ultra vires, then they were to pay tax at the rate of 3 per cent to 4 per cent, but their success has now led the legislature to impose for the very assessment years purchase tax at the rates provided by section 15 which happen to be ranging between 7j per cent to 12 per cent.34. ..... of haryana to his branch or commission agent or any other person on his behalf in any other state and such branch, commission agent or other person is a registered dealer in that state and produces a certificate from the assessing authority of that state or produces his own affidavit and the affidavit of the consignee of such goods duly attested by a magistrate or oath commissioner or notary public in the form appended to this notification to the effect that the ..... for the assessment year 1975-76, the assessing authority while framing assessment under the punjab act observed that transactions worth rs ..... be observed that in the wake of the overruling of the decision in bata india limited's case [1983] 54 stc 226, the petitioner-company would have no right to refund of the tax already paid, for the given assessment years.66. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)112PLR729
..... petitioner, under some mistaken advice, did file a joint petition for all the three assessment years and on pointing out the mistake on 25.7.1986, filed the present petition on 16.9.1986, before the disposal of ..... this order shall dispose of sales tax cases 16 and 17, both of 1986, pertaining to the assessment years 1971-72 and 1972-73, as common questions of law and facts are involved in both these cases ..... to deny the same relief to the petitioner for the subsequent assessment years 1971-72 and 1972-73 on the same facts and circumstances, would result in the failure of justice, in the given facts and circumstances of this ..... 1 of 1986 was taken to be for the assessment year 1970-71 and the petitions for the assessment year 1971-72 and 1972-73 would be deemed to have been dismissed as ..... it was prayed that the delay in filing the petitions for assessment years 1971-72 and 1972-73 be condoned, being attributable to the procedural omission.6. ..... tax tribunal, haryana (hereinafter referred to as 'the tribunal') had decided three appeals pertaining to three assessment years 1970-71, 1971-72 and 1972-73, by passing separate orders. ..... 16 and 17, both of 1986, for the assessment years 1971-72 and 1972-73, claiming the same questions of law which had been claimed in ..... assessee filed an application on 25.7.1986, taking an objection that a joint petition for all the three assessment years was not maintainable and the petitioner should have filed three separate petitions for the three assessment years.5. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)120PLR423
..... . the relevant portion of the order passed by the tribunal on february 22, 1990 dismissing the appeal of the petitioner in respect of the assessment year 1983-84, which has been placed on record as annexure p2 reads as under : 'i have considered the arguments of counsel for both the parties ..... of order dated july 21, 1987 shows that the assessing authority had framed assessment vide orders dated march 6, 1980, january 6, 1981, january 14, 1982 and june 12, 1981 in respect of the assessment years 1976-77, and 1978-79 under the state act and for the years 1976-77, 1977-78 and 1978-79 under the ..... 1992 shows that in respect of the assessment years 1981-82, 1982-83 and 1983-84, the assessing authority treated the security deposit of bottles as a part of sale consideration and finalised the assessment by creating additional demands amounting to ..... . where returns of turnover for the assessment years 1975-76 to 1977-78 were filed by the appellant on the basis that the amount of freight charged in respect of sale of cement under the cement control order did not form part of the sale ..... with sale of beer can be subjected to tax at 10 per cent and the same can be sustained in law reference of these questions has been sought in the context of the orders passed by the assessing authority, the appellate authority and the tribunal in respect of the assessment year 1982-83. 14. in s.t.c. no ..... . 9,49,465 in respect of the assessment year 1983-84 has been upheld by the appellate authority as well .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2004]137STC460(P& H)
..... while rejecting the plea of the assessee, the learned single judge observed:'the assessee engaged in the manufacture and sale of transmission rubber belting at the time of assessment for the years 1968-69, 1969-70 and 1970-71, relying on a judgment of the sales tax tribunal, claimed that the sale of transmission rubber belting was exempt under the punjab general sales tax act, 1948 ..... for the assessment year 1968-69, the assessing authority assessed the petitioner vide order dated may 7, 1971 and granted exemption to the tune of rs ..... separate notices dated june 11, 1975 were issued to the petitioner proposing revision of the assessment made under the central act in relation to the assessment years 1968-69 to 1971-72. ..... in respect of the assessment year 1968-69, notice dated march 12, 1976, was issued by the revisional authority proposing suo motu revision of the assessment under the state act. ..... in relation to the assessment years 1969-70 to 1971-72, the re-visional authority issued notices dated june 11, 1975 to the petitioner under section 21(1) of the state act proposing suo motu revision of the assessment in view of the judgment of the tribunal in appeal no ..... similar exemption was granted to the petitioner for the assessment years 1969-70, 1970-71 and 1971-72. 3. ..... state of punjab [1977] 39 stc 87 (p&h;) which was rendered after about 7 years from the assessment year 1970-71. ..... 20,190 in relation to the assessment year 1968-69. ..... orders were passed in relation to other assessment years. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]272ITR314(P& H)
..... since the relief has been granted to the assessee on the basis of finding recorded in the assessment year 1978-79, which has become final, we are satisfied that the tribunal was right in allowing the claim of the assessee for initial depreciation on cycle ..... while dealing with the claim of the assessee on initial depreciation in the assessment year 1978-79, the tribunal held that the cycle sheds were covered under the categories of the buildings specified in the above ..... appeal by the assessee, the tribunal, following its earlier order in the case of the assessee itself for the assessment year 1978-79, allowed the claim of the assessee in respect of the cycle stands. ..... as the revenue, the income-tax appellate tribunal, chandigarh bench, chandigarh (for short, 'the tribunal'), has referred the following questions of law arising out of its order dated april 21, 1988, relating to the assessment year 1981-82, for the opinion of this court :at the instance of the assessee :'1. ..... specific query from counsel for the revenue, he has not been able to show that the finding of the tribunal in the assessment year 1978-79 had been challenged by the revenue. ..... , we are satisfied that the interpretation placed by the tribunal in the assessment year 1978-79 is correct. ..... of the services rendered by the professionals has not been discussed either by the assessing officer or the commissioner of income-tax (appeals). ..... the disallowance made by the assessing officer was upheld by the commissioner of income-tax .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2008]304ITR253(P& H)
..... tribunal allowed the appeal while observing that in view of the facts stated by the lower authorities, the cash credit was undoubtedly not genuine, but in its opinion it could not be subjected to tax for the assessment year under consideration as it does not fall in the 'previous year' which started much after the said credit found place in the books before the business was set up.4. ..... in view of the said factual position as well as keeping in view the fact that this case pertains to the assessment year 1979-80, we are of the opinion that the questions referred by the tribunal do not require consideration by this court because the amount involved is too small. ..... in this case, the assessment year involved is 1979-80 for which the relevant previous year ended on march 31, 1979. ..... 10,000 from the income of the assessment year 1979-80 on the ground that this deposit did not fall in the previous year for this year?2. ..... aruna luthra , wherein it has been observed that 'on a consideration of the matter, we find that the dispute relates to the assessment year 1987-88. ..... 169 of 1981 in the case of the assessee for the assessment year 1979-80:1. ..... 10,000 while making the statement that the said cash credit was advanced by prithi singh, who had since expired, and his son dharam singh felt hesitant to appear before the assessing officer, therefore, in order to put an end to litigation and to avoid multiplicity of the proceedings, the assessee surrendered the above credit subject to no penal action. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]183TAXMAN1(Punj& Har)
..... contents of letter dated 11-12-1997, which reads thus:you are requested to intimate the undersigned by the return of mail whether you intend to avail the opportunity of compounding the prosecution launched in your case for the assessment year 1993-94.8. ..... 4,12,810 for the assessment year 1993-94. ..... thereafter the case was picked up for scrutiny and after issuing statutory notice under section 143(2), assessment under section 143(3) of the act was framed vide order dated 27-3-1996. ..... dated 11-1-1994 was issued to the petitioner-firm to show cause as to why criminal proceedings under section 276c(2) of the act be not initiated against the partners of the firm, inasmuch as they failed to make payment of self-assessment amounting to rs. ..... ultimately, petitioner-firm moved an application for compounding the offence after passing of order dated 14-8-2006 by the chief judicial magistrate, jalandhar, convicting and sentencing the present petitioners to undergo rigorous imprisonment for one year each and to pay a fine of rs. .....
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