Court : Mumbai
Reported in : [1995]216ITR660(Bom)
..... 1967-68 was passed without giving the assessee a reasonable opportunity of being heard (2) whether, on the facts and in the circumstances of the case, the order of the income-tax officer imposing penalties for the assessment years 1968-69 and 1969-70 were passed without giving the assessee a reasonable opportunity of being heard (3) whether, on the facts and in the circumstances of the case, the orders of the income-tax officer imposing penalties ..... 1, 1971, the income-tax officer had the jurisdiction in the matter and not the inspecting assistant commissioner and, hence, the penalty orders passed by the income-tax officer for the assessment years 1968-69 and 1969-70 were perfectly valid and there was no justification for quashing the same on the ground of absence of jurisdiction. 15. under the circumstances, the questions are answered as follows : (1) ..... officer even before making the order dated march 29, 1972, had referred the case to the inspecting assistant commissioner for the assessment year 1967-68 in the view that the inspecting assistant commissioner had jurisdiction over the case for that year and the inspecting assistant commissioner had issued a show-cause notice dated march 28, 1972, under section 274(2). ..... deceased sampatprasad tiwari) declared his income from the business of supply of coal and sand and a share in a firm as under : assessment year date of return amount of income declaredrs.1967-68 25-8-1967 6,4101968-69 2-1-1969 16,4791969-70 3-7-1969 15,772 3. .....
Tag this Judgment!Court : Mumbai
Reported in : [1984]8ITD788(Mum)
..... for the department submitted the departments explanation for the delay in the following term [extracted from the latter of the 1st ito (assessment), dated 25-2-1983] :'on going through the excess profit tax records, it appears that for the assessment year 1944-45, income-tax assessment was reopened under section 34 of the indian income-tax act, 1922, which ultimately resulted in an addition of rs. ..... counsel has raised an alternative ground that as was done for the assessment year 1943-44, the matter should at best be remitted to the authorities below ..... for the department requested that in order to ascertain the reasons for the delay for the assessment year 1944-45, the matter be reminded to the epto. ..... a reappraisal which made the tribunal remit the matter for the assessment year 1943-44 to the authorities below. ..... in fact for the assessment year 1943-44, the matter ..... for the assessment year 1943-44, where a similar question was involved, the tribunal had remitted the matter for reconsideration ..... reopened excess profit tax proceedings were concluded by making an assessment under section 15(1) on 21-6-1978-24 year after the reassessment for income-tax was made and at least 16 years after the tribunals order confirming the income-tax additions ..... balasubramanian, vice president - the excess profits tax assessment of this assessee for the chargeable accounting period ending 30-9-1943 year of assessment 1944-45 was reopened by the excess profits tax officer (epto) consequent to a disallowance of .....
Tag this Judgment!Court : Karnataka
Reported in : (1989)80CTR(Kar)15; ILR1990KAR404; [1989]180ITR585(KAR); [1989]180ITR585(Karn)
..... the application of the petitioner for the assessment years 1976-77 and 1977-78 was rejected by the commissioner on the ground that in respect of those years, no proceedings were pending before the departmental ..... settlement commission has got the power to reopen the completed proceedings of assessment also if eight years had not elapsed from the end of the assessment year concerned (section 245e). ..... , on the facts of the case, the interest charged in the assessments for the assessment years 1975-76, 1976-77 and 1977-78 is cancelled. ..... all the returns except for the assessment year 1972-73 had been filed beyond the prescribed dates but it is seen that the applicant had approaching the income-tax officer regularly with applications in form ..... the applications for the assessment years 1972-73 to 1975-76 were taken up for hearing by the ..... 5,84,182 (1,72,175 dm) for the assessment year 1975-76 was also disallowed for the same reason. ..... , the loan advanced had to be written off as a bad debt in the accounting year relevant to assessment year 1975-76. ..... for the assessment year 1972-73, the applicant had claimed a set off the loss of noridex amounting to ..... petitioner filed applications before the settlement commission for the assessment years 1972-73 to 1977-78. ..... for the assessment year 1972-73, the petitioner had claimed a business loss amounting to ..... petitioner had claimed the interest paid to vdo as also consultancy charges and industrial taxes paid for the assessment years 1973-74 to 1975-76. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant258; AIR1968Mys258
..... 346.42 being the balance of tax for the assessment year 1962-63 is unaffected by this decision and will stand ..... the repealed act under the relevant provisions of 1961 act without prejudice to any action already taken for the recovery of such sums under the repealed act.now in this case, although the assessment order and the appellate order had been passed under the 1922 act, no steps for recovery were or could be taken before the coming into force of the 1961 act. ..... being tax for the assessment year 1961-62, the position if as follows:(13) the assessment proceedings were taken and concluded under the income-tax act 1922 and a tax of rs ..... tax for the assessment year 1963-64 64,307-90total 74,086-02the contention of the petitioner is that the notice is invalid ..... balance of tax for the assessment year 1962-63 346-424. ..... tax for the assessment year 1961-62 485-553 ..... tax for the assessment year 1960-61 7,056-.152 ..... penalty for assessment year 1962-63 1,890- ..... tax for the assessment year 1963-64 rs ..... tax for the assessment year 1961-62 rs ..... tax for the assessment year 1960-61 rs ..... petitioner was in arrears in respect of income-tax and penalty levied on him in respect of three or four assessment years. ..... only argument is that there was an appeal pending with the appellate assistant commissioner and that therefore, it was incumbent on the income-tax officer to exercise the statutory discretion before treating the assesses petitioner as an assessee in default and proceeding to take steps for recovery of the tax. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1506; [1986]157ITR411(KAR); [1986]157ITR411(Karn)
..... the assessee was a registered firm and was assessed as such for the assessment years 1962-63, 1963-64, 1966-67, 1967-68, 1968-69 and 1969-70. ..... the amount so added for the various years are as follows : 'assessment year commission paidrs.1962-63 70,9901963-64 83,0761966-67 1,44,4691967-68 1,29,8821968-69 1,98,1461969-70 1,91,924'9. ..... in its return for the relevant assessment year 1952-53, the assessee did not show any profits under section 10(2) (vii) of the indian income-tax act, 1922, nor did it show the price received excess of the written down value of the assets in ..... in the intervening two years relevant to the assessment years 1964-65 and 1965-66, the business was carried on by tribhuvandas as sole proprietor, with which we are not concerned in these matters. 3. ..... 175 of 1978, for the assessment year 1962-63, we answer the second question in the negative and in favour of the assessee 35. ..... as mentioned earlier, for the assessment years 1964-65 and 1965-66, the business became the proprietary concern of tribhuvandas. ..... we cannot, therefore, hold that the assessee for the assessment year 1962-63 had failed to disclose fully and truly all the material facts necessary for the purpose of assessment. ..... for the assessment years 1962-63 and 1963-64, the firm was constituted by an instrument dated november 15, 1960, with three partners including tribhuvandas. ..... one tribhuvandas was one of the partners of this firm in all the previous years relevant to the said assessment years. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2009)23VST573(AP)
..... the deposit enjoined by the second proviso to section 19(1) or by the first and second provisos to section 21(2), are specified as a percentage of the difference of tax assessed by the assessing authority and the tax admitted by the appellant, for the relevant assessment year [section 19(1) second proviso]; as a specified percentage of the tax as ordered by the appellate deputy commissioner under section 19 [section 21(2) first proviso]; and as a specified percentage of the difference of tax ordered by the revisional authority under sub-section (2) of ..... of the trc by the hon'ble high court of andhra pradesh.sd/-commercial tax officer,nidadavoluthe deposits by the petitioner while preferring the several appeals before the stat, visakhapatnam bench (at 25% of the disputed tax) are :------------------------------------------------------assessment year apgst cst------------------------------------------------------2001-02 79,042 3,96,927------------------------------------------------------2002-03 64,106 5,42,882------------------------------------------------------2003-04 69,723 6,47,005------------------------------------------------------2004-05 92,361 9,41,607------------------------------------------------------12. ..... 25,28,421/- towards 25% of the disputed tax under the act of 1956 for the same four assessment years, towards deposits required to be made as a condition precedent to preferring an appeal, hereinafter referred to as the 'deposits'.5. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1993)111CTR(AP)67; [1993]201ITR770(AP)
..... the madras high court held that the assessee could be taken to have started the business only when plant and machinery went into production and, in that case, during the assessment year in question, all that was done was to purchase and erect the machinery and that nothing else had taken place and so the business could not be said to have commenced and, consequently, the ..... it claimed that it had already commenced its business and, therefore, the expenditure incurred in those assessment years and allocated under the head 'exploration and general administration' may be allowed as deductions from out of that ..... as the first activity commenced in the period relevant to the assessment years 1975-76 and 1976-77, the business has commenced and the expenditure is deductible. ..... income-tax officer found that the business of the assessee did not commerce at any time in the accounting years relevant to the said assessment years and he assessed the interest income to tax. ..... the assessee commenced its business when it started the first activity of extraction of limestone in 1958 and, therefore, it was carrying on the business during the relevant years of accounts and as such the expenditure incurred by the assessee in carrying on the activity of extraction of limestone as also depreciation allowance and development rebate in respect of machinery employed in extracting limestone, were deductible in computing the trading profits of the assessee firm the assessment years 1960-61 and 1961-62. .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD906(NULL)
..... the authorised representative for the assessee, however, opposed the contention of the departmental representative that the explanation before amendment was applicable to the penalty proceedings for the assessment years 1974-75 and 1975-76 and contended that the explanation before amendment will not apply to the proceedings which were started in 1979, but the explanation after its amendment with effect from 1-4-1976 must ..... of the opinion that the revised returns were filed after certain complaints were received against the assessee by the department and, as such initiated proceedings under section 271(1)(c) of the act in respect of each of the assessment years for furnishing inaccurate particulars of income and concealment thereof. ..... according to him, the said explanation before its amendment applied to the penalty proceedings for the assessment years 1974-75 and 1975-76 and the explanation after amendment applied to the penalty proceedings for the assessment year 1976-77. ..... on 26-10-1974 the assessee filed return of income for the assessment year 1974-75 for the first time. ..... that when penalty is imposed for the concealment of part of an income, it is the law ruling at the date on which the act of concealment takes place which is relevant and it is wholly immaterial that the income concealed was to be assessed in relation to an assessment year in the past. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)213CTR(MP)490; [2007]292ITR314(MP)
..... for that year, whether by reason of underassessment or assessment at too low a rate or otherwise ; or(b) has, in consequence of any information in his possession, reason ..... (c) whether the finding of the tribunal to the effect that net wealth as declared in the relevant assessment years varied and was not on the same figure is vitiated on account of error apparent on the face of the record ?3. ..... as per the returns the assessee has disclosed her wealth in the return as under:assessment years value of the wealth shown in the return and assessedrs.1980-81 1,40,8001981-82 1,35,1001982-83 1,49,6001983-84 1,85,6001984-85 1,99,4001985-86 1,92,4001986-87 2,09,4004. ..... assessing officer-- (a) has reason to believe that by reason of the omission or failure on the part of any person to make a return under section 14 of his net wealth or the net wealth of any other person in respect of which he is assessable under this act for any assessment year or to disclose fully and truly all material facts necessary for assessment of his net wealth or the net wealth of such other person for that year, the net wealth chargeable to tax has escaped assessment .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR518(Jhr)]
..... four of the writ petitions relate to the assessment years 1985-86 to 1988-89, wherein, the petitioner has exhausted all its statutory remedies, such as, appeal, review and revision but being unsuccessful and aggrieved, has preferred these writ petitions. ..... this, part in respect of any period shall be initiated and completed except before the expiry of four years from the expiry of such period:provided that a proceeding for re-assessment in pursuance of or as a result of an order on appeal, revision or reference of review shall be initiated and completed before the expiry of two years from the date of communication of such order to the assessing authority.from the pleadings, as made by the petitioner in the aforesaid three cases and not disputed by the ..... case numbers of these three writ petitions and their respective assessment year are as follows: case no. ..... the case numbers and their respective assessment year are as follows: case no. ..... 466/05 1988-89other three writ petitions relate to the assessment years 1990-91 to 1992-93. ..... 533 of 2005, which relate to three assessment years viz. ..... assessment year w.p.(t)no. ..... assessment year w.p.(t)no. .....
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