Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1997)60ITD502(Pat.)
1. The assessee is in appeal for reversal of the impugned order dated 17-11-1992 of the Appellate Commissioner of Income-tax (for short Commissioner) confirming the penalty of Rs. 2,60,000 imposed under section 271(1)(c) of the Act relating to assessment year 1988-89.2. Before we arrive at a decision about the correctness or otherwise of the impugned order of the Commissioner the facts have to be recorded from papers accompanying the appeal records.3. There were search and seizure operations on the appellant-firm as well as its partners on 24-9-1987. During the course of search at the residential premises of one of the partners of the assessee-firm Shri Sheo Kumar Kejriwal a statement on oath under section 132(4) was recorded from him by the Authorised Officer who conducted the search operations. A question (question No. 6) was put by the Authorised Officer to the said partner as to whether apart from what has been found he would intend to make any disclosure of the concealed income o...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2002)80ITD503(Pat.)
1. Search and seizure operations were conducted on 17-12-1997 at the residential premises of the assessee, wherein cash and valuable securities were seized. Notice under Section 158BC of the Income-tax Act, 1961 (in short the Act) was served on the assessee and returns were filed belatedly on 15-12-1999, declaring total undisclosed income of Rs. 1,79,980/-. The assessee is a professor of Economics at Patna University, Patna. Though she has income from salary and other sources, she filed her return upto 1990-91 and thereafter no returns were filed.She claimed that the salary income is not concealed income. Her claim was denounced by the Assessing Officer, who assessed her undisclosed income as follows :Income from salary Gross Rs. 63,619 12,000Annual value under Section 23(2) Rs. nilLess : Intt. payable to Rs. 5,000 Rs. 5,000 ______________ __________Dividend Income from Indian Co. Rs. 6,621 -do- from UTI Rs. 1,620N.S.C. Intt. on 2,000 of 84-85 Rs. 448Bank Intt. Rs. 204 __________P.P.F...
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S.N. Jha, J. 1. Section 446 of the Companies Act, 1956 (in short, 'the Act'), provides that after a winding-up order with respect to a company has been made or the official liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of winding-up order, shall be proceeded with, against the company, except by leave of the court and subject to such terms as the court may impose. In view of that provision, Canara Bank, the Bihar State Credit Investment Corporation Limited (in short, BISCICO) and the ex-managing director of the company have filed applications seeking, in the case of Canara Bank and the ex-managing director, leave to prosecute suits (Title Suits Nos. 104 and 106 of 1991, before the Subordinate Judge, Patna), and in the case of BISCICO, leave to file the suit for recovery of the money against the company. This order will dispose of the said applications.2. Both the Canara Bank and the BISCICO are s...
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S.N. Jha, J.1. The petitioner have challenged the validity of seizure of the goods, namely, cloves and javitri. They also seek direction to the respondents to permit them to carry on trade and business in cloves, javitri and other items. The controversy in the two writ petitions being identical, they have been heard together and are disposed of by this common judgment.2. Shorn of details, the petitioner in Cri. W.J.C. No. 419 of 1993 claims to be holder of monopoly rights for working of cloves in the State of Manipur for the period of two years effective from 23rd October, 1992. The petitioners in Cr. W.J.C. No. 474 of 1993 claim to be settles of the cloves and the Javitri Mahals in the State of Nagaland for the period of one year ending on 9th September 1992. On the basis of the settlement aforesaid, according to them, they collect articles and despatch them to different places by air or mail on payment of royalty to the respective Government, namely, Government of Manipur and Nagala...
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M.Y. Eqbal, J.1. The important question involved in this civil revision application is whether the plaintiff seeking a decree fro specific performance of contract would be entitled to amend the plaint by inserting an alternative relief of refund of money even at the stage where such relief become barred by limitation.2. The plaintiff-petitioner filed Title Suit No. 101 of 1992 in the court of the subordinate Judge, Ranchi, against the opposite parties claiming a decree for specific performance of contract and for a direction to the opposite parties to execute and register the sale deed in his favour. The said suit was instituted by filing a plaint on 5.2.1992. According to the plaintiff, one Ghisu Lal Jain acting as an agent and broker on behalf of Ram Narain Kedia, father-in-law of defendant No. 1, entered into an agreement for sale of 4 Kathas of land out of Municipal Survey Plot No. 1598 for a sum of Rs. 16, 000/- and on receipt of Rs. 5, 000/- as advance on 14.1.1980 besides Rs. 5...
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Aftab Alam, J. 1. In Jahuri Yadav v. Bank of India, a learned Judge of this Court, sitting singly, passed a very brief order reported in 1998 (3) Pat LJR 214, declaring that in agricultural loans it was not permissible for the Bank to charge interest at a rate higher than 6.5%. The declaration was said to be in accordance with the decision of the Supreme Court in Corporation Bank v. D. S, Gowda, (1994) 5 SCC 213 : (1994 AIR SCW 2721).2. The order passed by this Court in the case of Jahuri Yadav seems to have caused a state of uncertainty in the matter of recovery of Bank loans. A case came to the notice of this Court in which a District Certificate Officer had issued a general direction to all the Banks in the district asking them to recalculate their dues in agricultural advances charging interest @ 6.5% as directed in the order passed by this Court. It was also reported to this Court that relying upon the order passed in the case of Jahuri Yadav a large number of suits were filed I...
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P.K. Deb, J.1. This appeal has been preferred against the judgment and decree dated 10.1.1981 passed by the then 2nd Additional District Judge, Palamau in Title Appeal No. 32 of 1977 reversing the judgment and decree dated 11.8.1977 passed by the then Munsif, Jamshedpur in Title Suit No. 47 of 1963.2. The plaintiffs in the original suit are the appellants in this Second Appeal. The suit property related to plot No. 1743 appertaining to Khewat Nos. 4/1 to 4/4 which were held by several khewatdars wherein Khewat No. 4/5 was the Samillat Khewat of the abovementioned Khewatdars of 4/1 to 4/4. The Khewatdars in those Khewats have been recorded as Dwarni Thikedars and Khewats were situated in village Chiyaki under Chainpur Estate. The suit plot No. 1743 was recorded as Gair Mazurwa land. According to the plaintiffs by amicable arrangement among the Khewetdars the suit land appertaining to part of plot No. 1743 number' being 1743-A came in possession of the plaintiffs. As per the plaintiffs'...
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Shiva Kirti Singh, J.1. Specific orders referring the relevant issues for decision by a larger Bench have been passed in CWJC No. 12181 of 2003 Ram Binod Singh v. the Bihar State Electricity Board and Ors. and in CWJC No. 8677 of 2003 Shabbir Alam v. Bihar State Electricity Board. The other matters have been listed because they are also dependent upon the outcome of answer to the issues under reference.2. The orders making reference disclose that the learned Single Judges hearing the writ petitions noticed that the view taken by a Division Bench of this Court in case of Bihar State Electricity Board and Ors. v. Man Bahadur and Ors. reported in 2004 (3) PLJR 3 appears to be contrary to earlier Division Bench judgments of this Court, particularly in the case of Bihar State Electricity Board and Ors. v. Madan Mohan Prasad and Ors. 2001 (2) PLJR 58.3. In eight out of nine matters before us the petitioners are class III or Class IV employees (or their widows/dependents) retired from servi...
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Samarendra Pratap Singh, J.1. The aforesaid five appeals are being taken up together for hearing as they are analogous and arise out of the same Judgment. All these five appeals have been preferred against the judgment and order dated 7.12.2006, whereby the appellants therein have been convicted under Sections 20(b)(ii)(c) and 23(c) of the N.D.P.S. Act (in short the Act) and sentenced to undergo RI for ten years imprisonment and to pay a fine of Rs. one lacs under each of the two counts, in default of payment of fine to further undergo RI for two years. However, both sentences were ordered to run concurrently.2. The prosecution case as recorded on self statement of the informant, namely, Laldhari Prasad, Inspector cum officer in charge of Raxaul Police Station on 12.1.2002 at about 7.05 pm in short is as follows:3. The informant got secret information that some smugglers have assembled in Mohan nagar tola of Raxaul in the house of accused Viswanath Prasad and Sukhari Prasad and are pr...
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1. Sole appellant, Bhikhar Ram who has been found guilty for an offence punishable under Section 29 of the NDPS Act vide judgment dated 02.09.2011 and sentenced to undergo R.I. for 10 years as well as fined Rs.1,00,000/- in default thereof to undergo R.I. for 2 years and 6 months vide order of sentence dated 14.09.2011 passed by Additional Sessions Judge-Ist-cum-Special Judge, NDPS, East Champaran, Motihari in ND P.S. Case No. No.16 of 2007 filed instant appeal. 2. On getting confidential information with regard to smuggling of Ganja on 20.02.2007, PW-3, Irfan Ahmad a member of preventing team of custom along with others including two independent witnesses rushed to Nanaura village and in the morning of 21.02.2007 at about 05:45 A.M. they intercepted one tractor along with trailer laden with stone chips. During course thereof, the other manage to escape while one was apprehended who disclosed his identity as an appellant, Bhikhar Ram and further shown his status as labour-cum-cleaner. ...
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