Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2004)84TT(JP.)at547
..... on the analysis of the above legal principles, it emerges that whereas the 'reason to believe' cannot be equated with the 'reason to suspect', it is equally not necessary that there should be ample evidence on record to establish the actual escapement of income so as to form a reasonable belief that the income of the assessee has escaped assessment. ..... the idea was to save the assessees from harassment resulting from mechanical reopening of assessments but this protection avails only to those assessees who disclose all material facts truly and fully. ..... all the requirements stipulated by section 147 must be given due and equal weight. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2004)91ITD198(Pat.)
..... on the analysis of the above legal principles, it emerges that whereas the 'reason to belief' cannot be equated with the 'reason to suspect', it is equally not necessary that there should be ample evidence on record to establish the actual escapement of income so as to form a reasonable belief that the income of the assessee has escaped assessment. ..... the idea was to save the assessee from harassment resulting from the mechanical reopening of assessments but this protection avails only to those assessees who disclose all material facts truly and fully. ..... all the requirements stipulated by section 147 must be given due and equal weight. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2004)84TT(JP.)at570
..... ao. the idea was to save the assessees from harassment resulting from mechanical reopening of assessments but this protection avails only to those assessees who disclose all material facts truly and ..... year. all the requirements stipulated by section 147 must be given due and equal .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2004)90ITD90(Pat.)
..... the idea was to save the assessees from harassment resulting from mechanical reopening of assessments but this protection avails only to those assessees who disclose all material facts truly and fully. ..... all the requirements stipulated by section 147 must be given due and equal weight. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1997)63ITD144(Pat.)
..... provisions as has been noticed are not only similar but identical and that being so the view taken by the hon'ble supreme court while interpreting the relevant cpc provision applies in law with equal force to the appellate tribunal while exercising powers under rule 29 of the appellate tribunal rules, 1963.16. ..... as stated by me above, the view expressed herein should equally be applicable to the appeal of the other appellant late shri hanuman prasad shroff per the legal heir of shri amarnath shroff being i. t. a. no. ..... 95/pat/1993) and the decision will be equally applicable in the case of late shri hanuman prasad shroff through legal heirs. 2. ..... my view expressed shall also apply equally to the appeal of late shri hanuman prasad shroff through legal heir, shri amarnath shroff, being i. t. a. no. ..... /1993) and the decision will be equally applicable in the case of late sri hanuman prasad shroff through legal heirs.2. ..... 1,16,250 and the a/c equally erred in confirming the disallowance. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2004)84TT(JP.)at592
..... the assessee contended that in this case the department had all along accepted that the nursing home was owned by husband and wife in equal proportion and that its income was assessable in the individual hands separately in the same ratio. ..... income is to be taxed in the name of alok nursing home and till it becomes final, the income is also to be included on protective basis in the total income of the said dr.narendra prasad and dr. ..... observations have been made : "50 per cent share income from alok nursing home on protective basis has been assessed as per return." 10. ..... nursing home we accept that both the husband and the wife own the same in equal proportions and, therefore, the rental income and the other income shown from nursing home in these three assessment years would be taxed in equal proportions in the hands of the appellant and his wife. ..... assessment is accordingly completed on protective assessment as per the returned ..... since the nursing home is owned by husband and wife in equal proportion, the income derived therefrom was rightly disclosed in the hands of two individuals and there does not exist any aop which could be assessed separately under the ..... the members has been made on protective basis. ..... of the individuals has been made on protective basis. ..... the cases of husband and wife were also completed and the share income from the nursing home disclosed by them was assessed as a protective measure. ..... added the respective share income from m/s alok nursing home on protective basis. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2004)91ITD173(Pat.)
..... counsel for the assessee contended that in this case the department bad all along accepted that the nursing home was owned by husband and wife in equal proportion and that its income was assessable in the individual hands separately in the same ratio. ..... of the nursing home we accept that both the husband and the wife own the same in equal proportions and, therefore, the rental income and the other income shown from nursing home in these three assessment years would be taxed in equal proportions in the hands of the appellant and his wife. ..... as her own income and the settlement commission decided that the rental income and income from nursing home in assessment years 1982-83 to 1984-85 be assessed in equal proportion in the hands of the appellant and his wife. ..... since the nursing home is owned by husband and wife in equal proportion, the income derived therefrom was rightly disclosed in the hands of two individuals and there does not exist any association of persons which could be assessed separately under the provisions of ..... year 1995-96 as well as in assessment year 1997-98, the assessment of the members has been made on protective basis. ..... and not the income from nursing home before division of the same in equal proportion between the husband and the wife. ..... in the hands of the individuals has been made on protective basis. ..... assessments in the case of husband and wife were also completed and the share income from the nursing home disclosed by them was assessed as a protective measure. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1997)63ITD181(Pat.)
..... in my considered opinion, the valuation officer in this background would, therefore, be able to arrive at the valuation as well as the cost of an asset with equal competence.20. ..... it is equally true that as held by various judicial pronouncements including smt. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1998)64ITD93(Pat.)
..... facts and circumstances of the case when the parents/husbands are residing at gaya and income-tax returns for several years are filed at calcutta showing their permanent residence in some locality at calcutta then it is equally the duty of the assessing officer at gaya to demand answers in respect of the queries. ..... . returns for several years are filed at calcutta showing their permanent residence in some locality at calcutta then it is equally the duty of the assessing officer at gaya to demand answers in respect of the queries .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2007)104ITD382(Pat.)
..... cit reported in 187 itr 688, will equally apply to appeals before the tribunal. ..... it is submitted that the said notice does not bear the signature of commissioner of income tax and is equally vague. .....
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