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Rajendra Singh Vs. Assistant Commissioner of Gift

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2003)80TTJLuck625

..... have amounted to admitting fresh evidence at the appellate stage, which course was not found to be proper.31. regarding the provisions contained under section 108 of the companies act, it was submitted by him that the entry in the register of the transferee company is a subsequent formality, which presupposes the execution of the ..... 1990, as the date of transfer, whereas in the other three cases, although the particulars relating to dates of agreement and date of entry under section 108 of the companies act, were available, the department has not considered the date of entry in the register of the transferee company, which was 22nd nov., 1990, in ..... for any of the views. it was also pointed out by him that the assessee too had not challenged the reasons recorded for initiating proceedings under section 16 of the gt act before the ao during the assessment proceedings.7. in support of his arguments the learned senior departmental representative placed reliance on the following decisions also .....

Deputy Commissioner of Income Tax Vs. Sahara India Financial Corpn.

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2003)81TTJLuck389

..... depositors. on the other hand, the learned counsel for the assessee supported the order of the learned cit(a).37. the issue relating to the scope of section 68 of it act, 1961, has been discussed and explained by various courts. we consider it proper to make reference to some of the decisions on this point. these decisions are ..... department to appeal against the order of hon'ble delhi high court, rejecting a reference application on the question, whether the onus cast on the assessee under section 68 of the it act, 1961, extended to proving the source of funds, which resulted in cash credits. in that case, the assessee-company had increased its share capital, which it ..... that he has invested money in the purchase of shares, then no further inquiry can be made against the company for the purposes of making addition under section 68 of the it act, 1961, but in case after the above test is satisfied, an additional test of proving shareholder as genuine investor is applied, then his capacity to .....

Nawal Kishore and Sons Jewellers Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2003)87ITD407Luck

..... case of sant baba mohan singh v. cit (1973) 90 itr 197 (all) wherein it has been held that non-issuance of notice under section 23(2) of 1922 act, corresponding to section 143(2) of 1961 act, would merely amount to irregularity and on that account the impugned order may be set aside but cannot be declared as null and void. the ..... case of cit v. gyan parkash gupta (1987) 165 itr 501 (raj), wherein it has been held as under : "an assessment order passed without issuing notice under section 143(2) of the it act, 1961, is invalid but the invalidity is not of such nature that it goes to the root of the proceedings. the ito gets jurisdiction as soon as a ..... contended that explanatory notes is only the explanation of the clauses of the bills and, therefore, such clarification by way of circular cannot be considered a circular under section 119 of the it act. in this connection, he referred to the commentary by crais on statute law at p. 295 and the decision of andhra pradesh high court in the case of .....

St. Don Bosco Educational Society Vs. the Cit

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2004)90ITD477Luck

..... the trust or institution in the prescribed form and in the prescribed manner to the commissioner before the date fixed as given under section 12a(a) of the act and section 12aa of the act was inserted from 1.4.1997 which provides procedure for registration and gives out scope of powers of the cit while considering ..... . 1 crore during financial year 2001-2002 relevant to assessment year 2002-2003, the year under consideration, the assessee society moved an application under section 12aa of the act for registration and cit-i, lucknow proceeded to make necessary enquiry about the information given by the assessee society and in respect of genuineness of ..... net funds at the disposal of the society after meeting all debts shall be disposed of in accordance with the provisions of section 14 of the society registration act." 4. section, 14 of the societies registration act, 1860 provides that upon dissolution of the society, no member to receive profit. it is admitted fact that upto assessment year .....

Shri Ramesh Chand Gupta, Gupta Vs. the Ito

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... lower figure and when the assessing officer insisted upon to produce the books of account and other related documents, the assessee tried to take shelter under section 44ad of the act and admittedly, as i held above, the second return was not revised return in the eye of law. the assessee who filed original return at ..... income from civil contract business are significant. when case of the assessee was picked up under scrutiny and assessee was served with the notice under section 143(2) of the act and assessing officer called upon the assessee to file the books of account and other related documents, assessee tried to sought adjournments after adjournments and ultimately ..... he noted that assessee had originally filed return on 14.3.96 and admittedly the same was belated return and the same cannot be revised under section 139(5) of the act. he also considered the submission of the assessee to the effect that once assessment had been completed on revised return, then the assessing officer had .....

Ramesh Chand Gupta Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2004)270ITR189Luck

..... intentionally at lower figure and when the ao insisted upon to produce the books of account and other related documents, the assessee tried to take shelter under section 44ad of the act and admittedly, as i held above, the second return was not revised return in the eye of law. the assessee who filed original return at a ..... the income from civil contract business are significant. when case of the assessee was picked up under scrutiny and assessee was served with the notice under section 143(2) of the act and ao called upon the assessee to file the books of account and other related documents, assessee tried to sought adjournments after adjournments, and ultimately, ..... he noted that assessee had originally filed return on 14th march, 1996, and admittedly the same was belated return and the same cannot be revised under section 139(5) of the act. he also considered the submission of the assessee to the effect that once assessment had been completed on revised return, then the ao had no ground .....

The Dy. C.i.T. Vs. Gopal Krishan Builders

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2004)91ITD124Luck

..... to the assessee only on the ground that assessee was having bonafide belief that it was under obligation to get its books of account audited under section 44ab of the act. this plea has wrongly been given importance because assessee had itself filed return mentioning therein audit report is enclosed which was not found along with that ..... each and every word used in any provisions of any statute is having its importance and used by the legislatures after much deliberations. the words used in section 44ab of the act "total sales", "turnover" or "gross receipt" have been used specifically and the scope of words "gross receipt" is quite wide, otherwise the legislature would ..... going into this issue, has simply gave benefit that assessee was having bonafide belief that its books of account were not to be audited under section 44ab of the act inspite of the fact that assessee had filed balance sheet and mentioned therein that copy of audit report is enclosed which otherwise was not found available .....

Shadi Ram and Sons Vs. the Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2005)92ITD22Luck

..... is no dispute that itns 150 was part of the assessment order. the purpose of itns 150 is to apprise the assessees their liabilities under various sections of the income-tax act. it is just a calculation sheet and not a direction to charge interest. looking to the contrary views on this issue, we feel that where ..... questions of law: "whether the income tax appellate tribunal was justified in holding that as there was no specific order for charging interest under section 234b of the act, the charging of interest under section 234b in the demand notice was illegal even though in the computation sheet (itns 150) which formed part of the assessment order, interest ..... original grounds, the assessee has challenged the disallowance of salary paid to s/shri love gary, gunjan garg and vivek garg by invoking the provisions of section 40(b) of the act. however, these grounds of appeals have not been pressed, hence, the same are dismissed.3. the learned counsel had also raised two additional grounds. in .....

Jyoti Pat Ram Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2005)92ITD423Luck

..... ground. therefore, the claim for exemption had rightly been made in the return filed by the assessee and there was no escapement of income within the meaning of section 147 of the act. the proposed proceedings, therefore, deserve to be dropped." however, the submissions of the assessee did not find favour with the ao, who rejected the claim ..... , but in both these cases there would be construction. sadha singh s. mulla singh v. district board, air 1962 pun 204 (east punjab urban rent restriction act 3 of 1949 section 3)" thus, from whatever angle the case is examined, 'remodel and renovation' amounts to construction of house and this is more so in the present case where ..... deduction, allowance or relief in the return, it will be a case of deemed escapement of income. the ao will be justified in assuming jurisdiction under section 147 of the act. as per this explanation also, the reassessment could be made where the return has been filed but the assessment was not done. if somebody goes by the .....

Jyoti Pat Ram Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2005)92TTJLuck199

..... . therefore, the claim for exemption had rightly been made in the return filed by the assessee and there was no escapement of income within the meaning of section 147 of the act. the proposed proceedings, therefore, deserve to be dropped." however, the submissions of the assessee did not find favour with the assessing officer, who rejected the ..... but in both these cases there would be construction. sadha singh s. mulla singh v. district board, air 1962 pun 204 (east punjab urban rent restriction act 3 of 1949 section 3),' thus, from whatever angle the case is examined, 'remodel and renovation' amounts to construction of house and this is more so in the present case ..... , allowance or relief in the return, it will be a case of deemed escapement of income. the assessing officer will be justified in assuming jurisdiction under section 147 of the act. as per this explanation also, the reassessment could be made where the return has been filed but the assessment was not done. if somebody goes by .....