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Virendra Kumar Rai and Others Vs. Competent Authority

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (1998)233ITR11Luck

..... properties of the appellants and are their properties which were legally acquired by them.7. the first contention of learned counsel is based on the proviso to section 68c(2) of the ndps act. section 68c reads as follows : "68c. (1) as from the commencement of this chapter, it shall not be lawful for any person to whom this ..... the entire burden of their arguments has been that these properties were acquired more than six years prior to the date of the notice issued under section 6(1) of the ndps act and hence not liable for forfeiture. in the appeals not a single averment has been made to show that the appellants did have legitimate sources ..... present appeals.6. shri manish tiwari, learned counsel for all the appellants firstly contended that the proceedings are barred by limitation prescribed under the proviso to section 68c of the ndps act, inasmuch as more than six years have lapsed before the order of detention on april 4, 1990, whereas, the forfeited properties were acquired between the .....

Thakur Ram Laxman Jankiji Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2002)80ITD370Luck

..... from these properties were not utilised for public charitable purposes. hence in our considered view, the properties under the will are entitled for exemption from income tax under section 11 of the act.54. as we have accepted the alternative plea of the assessee, we further hold that since the properties were held under a legal obligation, i.e., the ..... no beneficial interest in the endowment.the true beneficiaries are its worshippers. on facts it was found that the temple was a public temple.29. according to section 3 of the trust act, "a trust is an obligation annexed to the owner of a property and arising out of a confidence reposed in and accepted by the owner or ..... of material facts which subsequently came to the notice of the department. he also pointed out that on the basis of these facts even the certificate granted under section 197 of the it act was withdrawn by the department on 22-3-1996 (page 33 of the paper book, vol. ii).11.1 shri chopra also contended that the property no .....

Sandip Kohli and Vishal Kohli Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2002)82ITD498Luck

..... by the company and the assessee who was working as an employee, received salary from the company on which he was entitled to claim deduction under section 80 [sic-section 16(i)] of it act. on behalf of the assessee reliance was also placed on the following decisions : the ao considered the specific pleas taken by the assessee before him ..... by the assessee from the company was in the nature of salary and as to whether the assessee was entitled to claim deduction on such salary under section 16(i) of it act for computing his income chargeable to tax.10. for deciding the above issue, it is essential to ascertain the status, nature of employment, conditions of ..... the company and, therefore, the remuneration received by him was not in the nature of salary. on this conclusion, he disallowed the claim of deduction under section 16(i) of the act and treated the receipt of rs. 48,000 as income from other sources. in support of conclusions, he also placed reliance on the following decisions ; 4 .....

Up State Industrial Development Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2004)89TTJLuck669

..... interest under section 201(1a) of the act ranging from four years to eleven years, was found to be unjustified. so far as the present case is concerned, the delay is, therefore, not unjustified and ..... ltd. (supra) also a period of four years from the end of the relevant previous year was treated to be a reasonable period for levy of interest under section 201(1a) of the act for delay in depositing the tax deducted at source. however, in that case, the time gap a between the end of relevant previous year and levy of ..... a regular assessment of an employee had been completed and the amount of tax was fully paid by him, the income tax officer, tds, had no jurisdiction under section 201 of the act to demand further tax from the employer in respect of the tax short deducted relating to such employee.similar view was taken by the hon'ble madhya pradesh high .....

U.P. State Industrial Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2002)81ITD173Luck

..... held that if a regular assessment of an employee is completed, and amount of tax was fully paid by him, the ito had no jurisdiction under section 201 of the act to demand further tax from the employer. if we apply the principle laid down in the above cases to the present case, it will be found ..... a regular assessment of an employee had been completed and the amount of tax was fully paid by him, the ito, tds, had no jurisdiction under section 201 of the act to demand further tax from the employer in respect of the tax short deducted relating to such employee.similar view was taken by the hon'ble m. ..... of work awarded---------------------------------------------------------------7. m/s. best & crompton engg. ltd. sub-station equipment inter-elect. works etc. tds from above parties @ 2 per cent under section 194c of the income-tax act, was deducted (excluding nbcc and best & crompton engg. ltd. who hold exemption certificate of the income-tax deptt. photocopy of which is enclosed herewith) and .....

Commercial Motors Finance Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2002)82ITD176Luck

..... as to include the financial institutions in its ambit, but no amendment was made in the definition of term 'interest' as given in sub-section (7) of section 2 of interest-tax act, which meant that the term "interest" will continue to have the same meaning as was assigned to it earlier before the said amendment. according ..... the reassessment notice and participated in the reassessment proceedings. we, therefore, hold that tribunal has come to the correct conclusion in holding that the notice under section 148 of the act was validly served on the assessee. we have already held, on the merits of the case, that the addition made in the reassessment proceedings was ..... of assessment stand vitiated. so far as this legal position is concerned, there cannot be any dispute. however, the situation is different. under the it act, 1961, the provisions of section 148, before 1989, contained a clause in accordance with which the notice was to be issued requiring the assessee to file the return "within the .....

Late Sir Padampat Singhania Vs. Deputy Cwt

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2004)89TTJLuck646

..... commencing on the 1st april 197 1, whichever valuation date is later;" (2) the central board of revenue in pursuance of the rule-making power conferred by section 46 of the act promulgated rules known as wt rules, 1957. there were amendments from time to time. rule 1bb was inserted with effect from 1st april, 1979. thereafter, replacing it ..... which it was submitted on behalf of the assessee that revised return filed on 26th march, 1998 may be treated as reply in response to notice under section 17 of the act.in the return of wealth-tax, the assessee had shown value of jaipur house at rs. 26,77,995. this value was based upon the valuation ..... below the market value of the property. hence, after making local inquiries about the prevalent market rents, the assessing officer made reference to valuation officer under section 16a of the wealth tax act, who estimated the value of the property at rs. 5,82,09,605 which was accepted by the assessing officer.during the assessment proceedings, the .....

Sir Padampat Singhania Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2002)81ITD89Luck

..... assessment year commencing on the 1-4-1971, whichever valuation date is later; (2) the central board of revenue in pursuance of the rule making power conferred by section 46 of the act promulgated rules known as wealth-tax rules, 1957, there were amendments from time to time. rule 1bb was inserted with effect from 1-4-1979. thereafter, replacing it ..... reply to which it was submitted on behalf of the assessee that revised return filed on 26-3-1998 may be treated as reply in response to notice under section 17 of the act.5.3 in the return of wealth-tax, the assessee had shown value of jaipur house at rs. 26,77,995. this value was based upon the ..... below the market value of the property. hence after making local inquiries about the prevalent market rents, the assessing officer made reference to valuation officer under section 16-a of the wealth-tax act, who estimated the value of the property at rs. 5,82,09,605 which was accepted by the assessing officer.5.4 during the assessment proceedings, .....

Satnam Singh Chhabra Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2002)74TTJLuck976

..... appeals). according to him, the assessee, subsequently made improvement. the learned senior departmental representative also submitted that the assessment of huf was completed under section 143(1) of the act and after the date of search.we have carefully considered the facts and circumstances relating to this addition. the assessee explained the availability of the ..... the learned senior departmental representative was that the document was found in the possession of the assessee and there was presumption under sub-section (4a) of section 38 (sic-132) of income tax act, according to which it shall be presumed that the books of account or article found in possession of the assessee belonged to ..... in relation to the entries.in this regard, the learned senior departmental representative invited our attention to the statement of satnam singh chhabra, recorded under section 132 of the act on 17-10-1997, a copy of which has been filed by the department and which is available on pages 9 to 18 of the .....

Satnam Singh Chhabra Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... of the learned senior departmental representative was that the document was found in the possession of the assessee and there was presumption under sub-section (4a) of section 38 (sic-132) of it act, according to which it shall be presumed that the books of account or article found in possession of the assessee belonged to him.the ..... (a).according to him, the assessee, subsequently made improvement. the learned senior departmental representative also submitted that the assessment of huf was completed under section 143(1) of the act and after the date of search.48. we have carefully considered the facts and circumstances relating to this addition. the assessee explained the availability of ..... court.44. in view of the above-mentioned factual and legal position, we are of the considered view that the addition made by raising presumption under section 132(4a) of it act, in the present case, cannot be sustained. hence, we delete the addition of rs. 13,50,000. ground no.1 stands allowed in favour .....