Court : Allahabad
Reported in : (2004)87TTJ(All)596
..... no. 1574/all/1997 vide order dated 29-8-2002, on similar facts. certain important points were noticed by the tribunal, which we may mention briefly. chapter xtv-b inserted by finance act, 1995, with effect from 1-7-1995, provides special procedure for assessments in search cases. sec. 158bc of the income tax ..... that assessing officer misdirected himself in treating the disclosed item as undisclosed income. therefore, the assessing officer is not justified to make block assessment under chapter xiv-b of the income tax act even on merits. the assessment orders are liable to be quashed even on these reasons.18. keeping in view all the facts and circumstances ..... person and that assessing officer shall proceed against such other person and the provisions of chapter xiv-b shall be applicable. the distinction between these two provisions under chapter xtv-b would be that for section 158bc of the income tax act there should be a search and consequent to the search there was recovery and seizure .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2000)73ITD49(All.)
..... dissenting with the learned judicial member, i consider it necessary to refer to the objectives of introducing chapter xiv-b, which can be gainfully used as an aid to interpretation.3.1 chapter xiv-b of the act was brought on the statute book by the finance act, 1995 with effect from the 1st july, 1995. it provides for a special procedure for ..... found as a result of illegal search was permissible. with a view to gather the intention of the statute, he thereafter referred to memorandum explaining the provisions of chapter xiv-b in the finance bill, 1995 found in itr 212 page 345. he also submitted that once the intention of the statute was clear, it had to be accepted. 16. ..... or directions given by their superiors." reference could also be made to another decision of the apex court in the case of sirpur paper mills ltd. v. cwt [1970] 77 itr 6 from where the following passage is reproduced for guidance."the power of revision conferred on the commissioner by section 25 of the wealth-tax .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2003)86ITD516(All.)
..... the merits of the appeal, we feel it appropriate to decide the above preliminary issue first.12. chapter xiv-b inserted by finance act, 1995 w.e.f. 1st july, 1995 provides special procedure for assessments in search cases. section 158bc of the income-tax act provides special procedure for block assessment. where any search has been conducted under section 132 of the income ..... search.22. circular no. 717 dated 14th august, 1995 is issued by the cbdt on the subject of finance act, 1995 - explanatory notes on provisions relating to direct taxes. clause 39.3 of this circular provides salient features of the scheme provided under chapter xiv-b. the relevant clause is reproduced from this circular: where the previous year has not ended or the .....
Tag this Judgment!Court : Allahabad
Reported in : [2010]187TAXMAN220(All)
..... materials on record, and on a true and correct interpretation of section 91(1) and chapter xvii of the income-tax act, 1961 and of article 371 of the constitution and of the press note and relevant notification issued by the ministry of finance, was the itat legally justified in reversing the order of the cit (appeals) and ..... as per the press note, the provisions of the income-tax act, under the aforesaid notification, were made effective from ..... that the provisions of the income-tax act were not applicable to the income earned at sikkim. a notification in this regard was issued by the ministry of finance, department of revenue, new delhi on 7-11-1988 providing for application of provision of chapter xvii of the income-tax act with immediate effect. the tribunal held that .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2149
..... the university itself as is apparent from section 15 of the banaras hindu university act 1915. admittedly, the central hindu girls school is a school maintained by the university. for the purpose of maintenance of the said school chapter vi provides for the ordinance governing the management of the institution under the school ..... board framed under statute 41(2). it appears that the school board is to consist of five officials namely, (a) vice chancellor/rector who shall be the chairman of the central hindu school board; (b) vice-chairman; (c) registrar; (d) finance ..... institution. this expression in 'principal' has been argued by mr. hajela to exclude officiating principal.14. the word 'principal' has not been defined in chapter-vi. the officiating principal performs the duties of the principal in her absence. she discharges all the function of the principal so long, she officiates as principal .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3181
..... the university starts and ends on proper dates. he shall also be an ex officio member and chairman of the executive council, academic council and the finance committee.8.section 8 of the act deals with visitation and the relevant provisions are as follows:visitation.- (1) the state government shall have the right to cause an inspection to be made ..... a person. while deciding the said case, reliance was placed by the hon'ble supreme court on its earlier judgments in union of india v. j.n. sinha and anr. : (1970)iillj284sc ; and state of orissa v. dr. (miss) binapani dei and ors. : (1967)iillj266sc , wherein the court held that the procedural rights require to be statutorily regulated for ..... consider the rival contentions advanced by the learned counsel for the parties, we consider it necessary to take a quick glance of the relevant provisions of the act. chapter iv of the act deals with the 'officers' of the university. the vice-chancellor is an officer of the university under section 9 of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All136
..... be administered by the corporation for the purposes of the act, and into which will be paid all contribution-recoverable under the act and such other monies as are received on behalf of the corporation.the scheme is to be financed by contributions from employers and employees for which provision is made in chapter iv. the scale of contribution is dependent on the rate ..... of wages paid to the employees, the employers' contribution being approximately double that of the employees.4. chapter v of the act specifies the benefits to which insured persons--that is .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)227CTR(All)388; [2010]186TAXMAN88(All)
..... ' under the income- tax act as the intention of the legislature by inserting chapter xiv-b in the statute book, which provides for special procedure for assessment of search cases only. search cases arise on the basis of ..... lucknow; mansarovar urban co-operative bank ltd., ground floor, a-969, indira nagar, lucknow; hotel mansarovar international- hardwar, moti bazar, hardwar; sh. p.k. pandey-g.m.(finance) of u.p. avas sangh ltd.; sri anil kumar and amita singh at meerut; and sri ajay kumar lucknow on 17/18.10.2001. during the search operation, seizure operation ..... documents seized during the course of search in pursuance to the warrant of authorization which is in the joint name and that too by invoking the provisions of chapter xiv-b in an individual capacity but she can be assessed jointly only as association of persons or body of individual as per the definition of word 'person .....
Tag this Judgment!Court : Allahabad
Reported in : 2(2007)BC127
..... he cannot be said to have taken cognizance of any offence. devarapalli lakshminarayana reddy and ors. v. narayana reddy and ors. : 1976crilj1361 .10. in the case of cref finance ltd. v. shree .shanthi homes (p) ltd. and anr. : 2005crilj4524 , the hon'ble apex court while considering the import of the word cognizance taken by the magistrate ..... magistrate. broadly speaking, when on receiving a complaint, the magistrate applies his mind for the purposes of proceeding under section 200 and the succeeding sections in chapter xv of the code of 1973, he is said to have taken cognizance of the offence within the meaning of section 190(1)(a). if instead of ..... of criminal procedure code (hereinafter referred as code) to quash the complaint case no. 6533 of 2004. rajesh arora v. sunt kumar khera under section 138, negotiable instruments act (hereinafter referred as act) pending in the court of a.c.j.m., court no. 46, agra.2. heard mr. ajay rajendra, learned counsel for the applicant. mr. m .....
Tag this Judgment!Court : Allahabad
Reported in : (1992)107CTR(All)330; [1993]201ITR920(All); [1993]67TAXMAN92(All)
..... 'capital gains lax' as the agricultural lands transferred by it fell within the purview of 'capital asset' as defined in section 2(14) of the act after its amendment by the finance act, 1970. however, in the computation of ' capital gains ', the assessee put forward a claim that it was entitled to deduct from the full value of ..... agricultural land in question had come within the purview of the definition of 'capital asset' with effect from april 1, 1970, by virtue of the amendment in section 2(14)(iii) of the act effected by the finance act, 1970. the first question is, accordingly, answered in the affirmative.9. this brings us to the second question which raises ..... our inability to sustain the view taken by the tribunal. we can neither accept any of the contentions put forward on behalf of the assessee.13. chapter iv-e of the act deals with capital gains. it provides an integrated code concerning the determination and computation of the charge under the head 'capital gains'. it has within .....
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