Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Court: income tax appellate tribunal itat Page 2 of about 23 results (0.315 seconds)

C.S. Shastri Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1991)38ITD338(Mad.)

..... determined in the course of assessment. he can revise every process which led to the ultimate computation or assessment the hon'ble supreme court in cit v.kanpur coal syndicate [1964] 53 itr 225 and the calcutta high court in cit v. ganga jamuna [1986] 157 itr 225 at page 230 held that the appellate ..... assessments. the learned departmental representative drew the analogy of an assessee approaching the settlement commission under section 2f(2) under chapter v-a of the wealth-tax act. simply because petition is filed before the settlement commission it would not debar the jurisdiction of the assessing officer to complete the assessment. so also on the ..... direction to refer the valuation of the three immovable properties mentioned below to the departmental valuation officer as per the provisions of section 6a of the wealth-tax act: - the assessee besides having movable properties had also got immovable properties both agricultural and non-agricultural in nature. the important point that is to be .....

Shri C. Raman Reddy Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2004)268ITR49(Bang.)

..... an appeal under section 253 (1), being an appellant function stricto sensu, is less circumscribed. for this proposition reliance was placed on decisions of cit vs. kanpur coal syndicate (1964) 53 itr 225 (sc): jute corporation of india vs. cit (1991) 187 itr 688 (sc). it therefore follows that the appellate authority could ..... . in such cases a panchanama is prepared. the provisions of section 132 (8a) are more in the nature of attachment of valuables till proceedings under the act are concluded (or within 30 days thereof) the provisions of section 281b for provisional attachment apply only when assessment proceedings are pending. thus, search proceedings are ..... not necessarily bind the appellate authority. the valuation of a property by the valuation officer binds the assessing officer in making an assessment under the wealth tax act. but it does not bind the appellate authority. if the invalidity taint the assessment itself the itat declares the assessment invalid. this is particularly so .....

Godore Tools (India) (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)25ITD193(Delhi)

..... the decisions of the supreme court, etc., are the following : (i) the nature of the receipt is to be determined from a commercial point of view [national cement mines industries ltd. v. cit [1961] 42 itr 69 (sc)]. (ii) the name given to the transaction which is the source of the receipt, is not conclusive though ..... same. in the case of jeewanlal (1929) ltd. (supra) no doubt, it was held that the cash assistance received by the exporters was inextricably connected with the act of exportation and that it was incidental to and supplemental to the trading receipts. however, the following factors need to be noticed in regard thereto : (iii) the decision ..... following grounds : that the learned cit (appeals) erred, in not allowing the full amount claimed by the appellant for deduction under section 35b of the income-tax act, 1961 particularly with regard to expenditure incurred as interest paid on post-shipment export credit loan ; loss incurred owing to the fluctuation in the rate of exchange ; .....

H.H. Maharao Bhim Singhji Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1984)10ITD558(JP.)

..... section 5(1)07/). nor did he make an enquiry in this behalf. that was, however, not done by him. this conclusion of mine finds support from the computation of the net wealth of the assessee for each of the years under consideration. taking first assessment year 1970-71, ..... 3 of the said table)._____________________________________________________si. description of rulers of the formerno. the palace indian states now_____________________________________________________1 2 3 4. the wealth-tax act, 1957 ('the act') came into operation with effect from 1-4-1957. the question of exemption with regard to palaces, corresponding to the concession given to ..... .in the amended clause the aforesaid adjectival clause reads as follows : being a building which immediately before the commencement of the constitution (twenty-sixth amendment) act, 1971, was his official residence by virtue of a declaration by the central government under paragraph 13 of the merged states (taxation concessions) order, 1949 .....

Dr. A.K. Bansal Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2000)73ITD49(All.)

..... of sub-section (1) of section 132 - existence of which is the prerequisite condition for authorising a search in accordance with law and once this view of mine is upheld, the income-tax appellate tribunal's power automatically gets extended to scrutinise the record of the authority empowered to authorise search because it is only that record ..... its non-examination by the assessing officer, the appellate tribunal during the hearing of the first appeal under section 253(1)(b) of the income-tax act, 1961 can act similarly and direct the department to produce such material before it ?" 2. i have heard the parties. the assessee's counsel has adopted his submissions ..... its non-examination by the assessing officer, the appellate tribunal during the hearing of the first appeal under section 253(1)(b) of the income-tax act, 1961 can act similarly and direct the department to produce such material before it 1. in consequence upon the difference of opinion amongst the hon'ble members constituting the .....

C. Ramaiah Reddy Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2003)87ITD439(Bang.)

..... in an appeal under section 253(1), being an appellate function stricto sensu, is less circumscribed. for this proposition reliance was placed on decisions of cit v. kanpur coal syndicate (1964) 53 itr 225 (sc), jute corporation of india v. cit (1991) 187 itr 688 (sc), it, therefore, follows that the appellate authority ..... . in such cases a panchanama is prepared. the provisions of section 132(8a) are more in the nature of attachment of valuables till proceedings under the act are concluded (or within 30 days thereof). the provisions of section 281b for provisional attachment apply only when assessment proceedings are pending. thus, search proceedings are ..... in this context, that the tribunal is entitled to scrutinize the jurisdictional facts that an ao with jurisdiction under the provisions of section 147/148 of the act. although these jurisdictional facts may be different from those required to be satisfied under section 158bc.courts have consistently taken the stand that the tribunal, in .....

Smt. Neena Syal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1999)70ITD62(Chd.)

..... account relating to cost of construction, wherein all transactions are recorded. he submitted that the expression 'books of account' and 'record' are not defined in the act. he referred to the definition of these expressions as given in webster's dictionary, wherein it is mentioned that a volume or collection of sheets in which accounts ..... , he submitted that the decision reported in (1971) 80 itr 656 (mp) (supra) is on different issue. he further submitted that the provisions of the evidence act are not applicable to the deeming provisions of ss. 69/69b.11. learned departmental representative pointed out that mr. vinod viyogi was doing work of purchasing land for gfi ..... of land, jewellery, cost of construction and fixed deposit receipts found during search. learned counsel referred to the provisions of ss. 69, 69a and 69b of it act and submitted that the said provisions are deeming in nature and though there are rules of evidence but income is deemed as income of the assessee by fiction and .....

Surendra M. Khandhar Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... response to the particulars of the concerns furnished by the assessee only during the hearing before the tribunal. without such particulars, the assessing officer was entitled to act on the admission contained in the statement dated 20-12-1991, but in view of these particulars and the contentions raised before the tribunal, it has become ..... and the evidentiary value of the statement cannot be detracted by such an error, specially in view of the provisions of section 292b of the income-tax act. the power exercised by a competent authority cannot be regarded as illegal simply because a wrong section is mentioned if the said authority has jurisdiction under some other ..... firstly, he contended that the admission contained in his statement dated 20-12-1991 regarding the peak of the bank accounts figuring in annexure a3 cannot be acted upon because the statement itself had no legal validity for the reasons mentioned by us hereinbefore.19. it was also contended that the concerns to whom the .....

Shanti Complex Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)63ITD181(Pat.)

..... officer), the deputy commissioner (appeals), the (deputy commissioner) or the commissioner (appeals), will be useful for, or relevant to, any proceedings under this act." 13. turning to the facts of the instant case, consider the plight of the assessing officer before whom a claim is lodged by an assessee stating ..... or the commissioner (appeals) may, for the purposes of this act, - (6) require any person, including a banking company or any officer thereof, to furnish information in relation to such points or matters, or to furnish statements ..... , in the matter of issuing commissions. in this connection, reference could also be advantageously made to the provisions of sub-section (6) of section 133 of the act which permits an assessing officer as follows :- "133. power to call for information. - the (assessing officer), the deputy commissioner (appeals), the (deputy commissioner) .....

Major Tikka Khushwant Singh Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1984)8ITD667(Chd.)

..... appeal directed against the order dated 27-3-1982 passed by the competent authority being the iac, made under section 269f(6) of ths income-tax act, 1961 ('the act'). the impugned order is in respect of an agricultural land measuring 69 kanals 16 marlas along with house building therein situated in village badrukhan, district sangrur ..... in certain cases of transfer to counteract evasion of tax".this chapter consists of 19 sections only running from section 269a to section 269s of the act. section 269a deals with definitions and section 269b provides for appointment of competent authority. section 269c deals with immovable properties in respect of which proceedings for ..... to huf of major tikka khushwant singh and the same was sold by him to swaraj spinning mills ltd., a public limited company, incorporated under the companies act, 1956, having its registered office at singla niwas, shahi samadhan, patiala. the property in question was sold vide three different registered sale deed nos. (i .....