Judgment Search Results Home > Cases Phrase: finance act 1968 section 2 income tax Court: income tax appellate tribunal itat guwahati Page 6 of about 70 results (0.159 seconds)

Mahadeobari Tea Co. (P) Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Guwahati

..... the learned counsel has also filed a paper book containing 11 pages in support of his argument. it is submitted that for this very default, interest under section 139(8) of the act amounting to rs. 14,991 was waived by holding that the assessee was prevented by reasonable cause from filing the return of income. it was also submitted that ..... due to paucity of fund for payment of tax under section 140a of the act, return could not be submitted in time.the assessing officer has stated that no such application for extention of time was submitted. he also found that the assessee ..... be filed on or before 30-7-1984. ultimately the assessee filed return of income on 25-4-1985.the assessing officer initiated penal proceedings under section 274 read with section 271(1)(c) of the act, 1961, in reply to which it was stated that extension of time for submission of return of income was prayed for upto 3-12-1984, .....

income Tax Officer Vs. Radha Krishna Jalan

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2004)84TTJ(Gau.)329

..... assessee firm showed 45% share of profit from the partnership firm of rock international as its income and claimed the same is exempted within the provisions of section 10(2a) of the income tax act, 1961.the ao negated the assessee's claim in as much as according to him, m/s radha krishna jallan the assessee-partnership firm was not a ..... assessee firm by virtue of its superior title over the share of income receivable by sri radha kishan jallan, is exempt under section 10(2a) of the i.t. act in the hands of the assessee firm.6. the other section under which the learned a/r of the assessee relied upon for his contention that the income of the assessee firm is ..... not liable to tax is section 80hhc. the relevant portion of section 80hhc is extracted as under: "80hhc. (1) where an assessee, ......., is engaged .....

Bhauram Jodhraj and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1990)32ITD728(Gau.)

..... ambaji temple v. cit [1965] 58 itr 675(guj.)and kanpur industrial works v. cit [1966] 59 itr 407(all.). but under the income-tax act, 1961 there is specific provision under section 253(4) for filing cross objections and there is no ambiguity in the intention of the legislature in bringing out this provision. the provision available under the ..... may be dismissed.4. on the other hand, the learned counsel for the assessee reiterated the right of the respondent to file cross objections in terms of section 253(4) of the i.t. act, 1961. it is stressed by him that if the view expounded by the learned departmental representative is to be accepted, then whole sub ..... -section (4) of section 253 would have been amended drastically. it is urged that in view of the present provision mentioned above, the respondent assessee though may have filed his own .....

Jalan Timbers Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1991)36ITD84(Gau.)

..... under section or even under section 256(2) of the income-tax act, 1961, the appellate tribunal would still continue to have the inherent jurisdiction and statutory powers to grant stay of the recovery proceedings. in ..... two years and being dissatisfied with the decision of the appellate tribunal, on certain questions, which the assessee considered to be questions of law, reference applications under section 256(1) have already been made separately. it is submitted that even if the appellate tribunal had disposed of the appeals, the appellate tribunal has inherent powers ..... of the recovery of the demands, which according to the assessee, were disputed and the matter has been taken up by the assessee under section 256(1) for reference on certain questions, which according to the assessee, are questions of law. thus, if reference on any question of law is referred .....

income-tax Officer Vs. H.S. Chittaranjan

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1993)45ITD273(Gau.)

..... it was also contended before the dcit(appeals) that the sda at the most could be treated as a casual and non-recurring receipt being exempt under section 10(3) of the act. the dcit(appeals) agreed with the submissions made before him and directed the assessing officer to delete the said addition. the assessing officer not being satisfied ..... him or at a place where he ordinarily resides or to compensate him for the increased cost of living. in chapter iii of the income-tax act, 1961, the legislature enacted section 10 stating that in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not ..... the civilian employees of the central government serving in the states and union territories of the north eastern region as per notification of the government of india, ministry of finance, department of expenditure in office memorandum no. 20014/3/1983-e-iv dated 14-12-1983. it was also contended that the allowance was in pursuance of .....

Commissioner of Income Tax Vs. Eastern Supply Corporation

Court : Income Tax Appellate Tribunal ITAT Guwahati

..... is a mistake in its order. the question of genuineness of payment has never been the issue of the department while making the disallowance under s. 40a(3) of the act.5. we have carefully considered the matter. in the instant case, the tribunal has not passed any final order but merely recalled the original order passed in ita no. ..... . sec. 253 provides for appeal to the tribunal. on reading ss. 253(1), 254(1) and 256, it appears obvious ..... ), the patna high court held as under : "learned counsel for the assessee submitted that the reference is itself bad. sec. 256(1) provides for reference to the high court in which notice of an order under s. 254 has been passed. sec. 254(1) provides that the tribunal shall, after hearing the parties, pass such orders thereon, as it thinks fit .....

Mahadeobari Tea Co. (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Guwahati

..... . the learned counsel has also filed a paper book containing 11 pages in support of his argument. it is submitted that for this very default, interest under section 139(8) of the act amounting to rs. 14,991 was waived by holding that the assessee was prevented by reasonable cause from filing the return of income. it was also submitted that ..... due to paucity of fund or payment of tax under section 140a of the act, return could not be submitted in time. the ao has stated that no such application for extention of time was submitted. he also found that the assessee had ..... to be filed on or before 30th july, 1984. ultimately the assessee filed return of income on 25th april, 1985. the ao initiated penal proceedings under section 274 r/w section 271(1)(c) of the act, 1961, in reply to which it was stated that extension of time for submission of return of income was prayed for upto 3rd dec., 1984, .....

income Tax Officer Vs. Dr. N.C. Doka

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2002)82ITD275(Gau.)

..... bombay high court has proceeded on the footing that, that was fit case where the aac should have exercised his power conferred upon him under sub-section (4) of section 250 of the act. sub-rule (3) of rule 46a was not dealt with by the hon'ble bombay high court in this judgment. wherever the additional evidence ..... valimohmed ahmedbhai (supra). moreover, admittedly the first appellate authority has not given any direction for production of any document in exercise of his power under section 250(4) of the act or sub-rule (4) of rule 46a. the order of the first appellate authority clearly shows that no opportunity was given to the assessee to ..... representative further submitted that the first appellate authority is well within his power to make further enquiry as he deems fit by exercising his power under section 250(4) of the it act, 1961. according to the learned authorised representative the restriction contained in rule 46a for receiving additional evidence cannot stand in the way of making .....

Kaushik Medhi Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2005)93TTJ(Gau.)1

..... keeping in view that the assessee has not challenged the finding of the cit(a) that the assessee has failed to fulfil both the conditions as required under section 44aa and section 44ab of the act, it can be said that the assessee has produced the books of account either before the ao or before the cit(a)? 2. whether, on the facts ..... keeping in view that the assessee has not challenged the finding of the cit(a) that the assessee has failed to fulfil both the conditions as required under section 44aa and section 44ab of the act, it can be said that the assessee has produced the books of account either before the ao or before the cit(a)? 2. whether, on the facts ..... it be said that the assessee has not challenged the finding of the cit(a) that the assessee has failed to fulfil both the conditions as required under section 44aa and section 44ab of the act? 8. whether, on the facts and circumstances of the case, keeping in view the ground no. 4 raised before the cit(a) and ground no. 2 raised .....

income-tax Officer Vs. Tuli Veneer Plywood Industries

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1988)24ITR345(Gau.)

..... year. it has been stated that the firm being genuine and the application for registration having been found to be in order, the requirements of section 185(1)(a) of the income-tax act, 1961 ('the act'), had been satisfied.6. the partnership deed as available from the ito's records reveal that as per oral agreement a partnership was formed w ..... electing to become partner w.e.f.1st day of previous year next after the date of attaining majority could be granted registration under section 185(1)(a). it was held that under the provisions of the partnership act, a minor admitted to the benefits of partnership had two options open to him on attaining majority ; (i) he should either elect ..... a partner in the firm, or (ii) he should repudiate or elect not to become a partner. it has been observed at page 559 that "the cumulative effect of sections 184 and 185 of the act read with the relevant rules is that if the application for registration made by a firm gives the requisite particulars prescribed by .....