Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2004)84TTJ(All.)46
..... the ao further observed that it has been submitted by the assessee many times that there are standard specifications in respect of raw materials required or construction of various thickness and in its support a few formula were furnished. ..... (supra) has held as under: "while the word "evidence" may recall the oral and documentary evidence as may be admissible under the indian evidence act, 1872, the use of the word "material" in section 143(3) of the it act, 1961, shows that the ito, not being a court, can rely upon material which may not be strictly evidence admissible under the evidence act for the purpose of making an order of assessment. ..... further the consumption of various inputs is in full conformity with the usual standards that for construction of 1 cum compated road/bituman road, one requires the material in excess by about 45 to 55 per cent. ..... the earlier judgment was passed by the allahabad high court in the year 1986 and the subsequent judgment referred to above in (1994) 210 itr 118 (all) was pronounced in 1993. ..... the hon'ble allahabad high court has further held that : "no provision of the it act was brought to our notice, which makes the claim of depreciation inadmissible where the income is computed by applying a flat rate. ..... the ao pointed out that there might be standard specification but it is difficult to arrive at a definite conclusion in the absence of specific formula for construction of road of various thickness. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2000)75ITD183(All.)
..... article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been, or would not be, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act (hereinafter in this section referred to as the undisclosed income or property), (a) the director general or director or the chief commissioner or commissioner, as the case may be, may authorise any joint director, joint ..... above, we hold that the impugned notice dated 8-5-97 is bad, defective, illegal and invalid firstly, because such a notice could not be issued on the basis of alleged search under section 132 of the income-tax act as there was no valid authorisation for the same; secondly because such a notice could not be issued on the basis of requisition under section 132a at there existed no requisitioned material before the issuance of the notice; ..... further pointed out that the assessing officer has also issued a notice under section 158bc of the income-tax act, 1961 dated 27-11-1997 to late shri rameshwar dayal shiksha samiti for the block period from 1-4-1986 to 27-11-1996 which goes to show that the assessing officer himself was satisfied about the amount of ..... block assessment order and the tribunal vide its appellate order confirms, cancels, quashes, modifies or sets aside the block assessment order in so far as the same is found to be or not to be in accordance with the said standards of scrutiny .....
Tag this Judgment!