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Vishwanath Prasad Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2003)86ITD516(All.)

..... dated 14th august, 1995 is issued by the cbdt on the subject of finance act, 1995 - explanatory notes on provisions relating to direct taxes. ..... chapter xiv-b inserted by finance act, 1995 ..... that the notices issued by the assessing officer, to whom the records of the persons against whom notices had been issued, had been transferred, were perfectly valid and the application of the provisions of chapter xivb was equally valid in their cases as well.however, with great respect, to the aforesaid judgment, the point of satisfaction has not been decided in this authority. ..... the distinction between these two provisions under chapter xiv-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 of incriminating material and the assessing officer after following the procedure prescribed shall pass the ..... though such record of satisfaction has nowhere mentioned under chapter xivb, yet the legislature has made this distinction in both the provisions under sections 158bc and 158bd and directed that before proceeding under section 158bd, the assessing officer who has been handed over the record of the seized material by the search party will have to indicate in any form whatsoever ..... issues raised is whether the assessing officer has recorded his satisfaction as required under section 158bd of the income-tax act before proceeding to make assessment in respect of block period under chapter xiv-b of the income-tax act. .....

Commissioner of Income-tax - II, Kanpur Vs. N.K. Laminates (P.) Ltd.

Court : Allahabad

..... the central board of direct taxes circular in question, it is, therefore, clear that the amendment of section 158bb brought about by the finance act of 2002 is merely ..... ] 263 itr 77/132 taxman 274, the division bench of the madhya pradesh high court considering the unamended and amended provisions of section 158bb and circular issued by the central board of direct taxes has held as follows: "chapter xiv-b. ..... this chapter were made inapplicable in case of search initiated under section 132 or section 132a after 31.5.2003 by introduction of an amendment to the chapter by finance act, 2003 ..... (2) and (3) of section 143, section 144 and section 145 shall, so far as may be, apply; (c) the assessing officer, on determination of the undisclosed income of the block period in accordance with this chapter, shall pass an order of assessment and determine the tax payable by him on the basis of such assessment; (d) the assets seized under section 132 or requisitioned under section 132a shall be dealt with in accordance with the provisions of section 132b." 8. ..... (1) of section 142, setting forth his total income including the undisclosed income for the block period : provided that no notice under section 148 is required to be issued for the purpose of proceeding under this chapter: provided further that a person who has furnished a return under this clause shall not be entitled to file a revised return; (b) the assessing officer shall proceed to determine the undisclosed income of the block period .....

Addl. Commissioner of Income-tax Vs. Abbas Wazir (P.) Ltd. and Samad C ...

Court : Allahabad

Reported in : (1979)9CTR(All)169; [1979]116ITR811(All)

..... 2) act, 1967 or section 2(6)(d) of the finance act, 1968, so as to be entitled to concessional rates of tax in the assessment ..... 1974-75, it had claimed relief under section 2(8)(c) of the finance act, 1974 (20 of 1974). ..... full power to remand a case for considering a particular materialon the record and may give directions for a fresh finding, which in hisopinion is needed for the actual decision in the ..... another question which has been referred to us is :'whether the aac was justified in directing the ito to look into the claim of deduction of bonus afresh and then to allow the same keeping in view the practice followed ..... be mainly engaged in the business of......manufacture or processing of goods.........if the income attributable to any one or more of theaforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter via of the income-tax act) is not less than fifty-one per cent. ..... the aac was right in consideringit and directing the ito to look into the matter and to find out what wasthe past practice, since there was no material to look into this plea, andthen to proceed ..... import licences were received by the assessee as a direct result ofexporting carpets to the foreign countries. ..... the phrase 'attributable to' in mind it cannot be gainsaid that the import entitlement or its sale proceeds were received from sources, though other than the actual manufacturing and export of carpets, directly connected with that activity. .....

Janki Das Lachchmi NaraIn Vs. Commissioner of Income-tax and anr.

Court : Allahabad

Reported in : (2005)196CTR(All)53; [2005]274ITR155(All)

..... assessment year to any tax arrear in respect of such assessment year under such direct tax enactment;(c) in a case where no appeal or reference or writ petition is admitted and pending before any appellate authority or the high court or the supreme court ..... declaration under section 88 under any direct tax enactment in respect of any assessment year, to any tax arrear in respect of such assessment year under such direct tax enactment or in respect of a person who has been convicted for concealment on or before the date of filing the declaration ;(b) in a case where an order has been passed by the settlement commission under sub-section (4) of section 245d of the income-tax act or sub-section (4) of section 22d of the wealth-tax act, as the case may be, for any ..... in fact the finance minister while explaining the object of the kar vivad samadhan scheme stated as follows [1998] 231 itr 67 :'litigation has been the bane of both direct and indirect taxes. ..... in the meantime, by chapter iv of the finance (no. ..... by section 86(2) contained in chapter iv of the act, the central government has enforced the scheme on september 1, 1998. .....

Commissioner of Income-tax Vs. U.P. Financial Corporation

Court : Allahabad

Reported in : (1995)129CTR(All)247; [1996]217ITR191(All); [1995]83TAXMAN565(All)

..... by the finance act, 1985, it was clarified that the total income on which deduction is to be computed is the total income computed before making any deduction under this clause and chapter vi-a. ..... the appellate assistant commissioner upheld the view taken by the assessing officer but on appeal the income-tax appellate tribunal took the view that such deduction is to be granted on the basis of the total income as it stood prior to deduction ..... (viii) in respect of any special reserve created by a financial corporation which is engaged in providing long-term finance for industrial development in india, an amount not exceeding- (a) in the case of a financial corporation whose paid-up share capital does not exceed three crores of rupees, ..... further direct that the assessee-respondent will get the costs of this reference from the commissioner of income-tax which we ..... we have heard learned standing counsel for the commissioner of income-tax at whose instance the reference in question has been made as well as learned counsel ..... deduction has to be restricted with reference to the net total income as defined in section 2(45) of the act has not been accepted in any of the cases referred to above. ..... and in the circumstances of the case, the income tax appellate tribunal is correct in holding that deduction under section 56(1)(viii) should be regulated with reference to the total income computed before making any deduction under section 36(1)(viii) of the income-tax act, 1961 ?' 2. ..... of 1973 (1083 .....

The Commissioner of Income Tax Vs. Dugdh Utpadak Sahkari Sangh Ltd.

Court : Allahabad

Reported in : (2006)202CTR(All)343

..... facts and in the circumstances of the case the income-tax appellate tribunal was legally correct in holding that deduction under section 80p(2)(d) of the income-tax act, 1961 is allowable on the gross amount of interest ignoring the provisions of section 80b(5) which defines the term 'gross total income' in such a way that it could only mean net income before making any deduction under chapter vi-a or section 280-o and without applying the provisions of section ..... he has also placed reliance upon the circular no.341 dated 10thmay, 1982 issued by the central board of direct taxes in which it has been stated that section 80ab has been made effective from 1stapril, 1981 and not retrospectively.7. ..... having heard the learned counsel for the parties we find that even though section 80p(2)(d) of the act provided deduction of the whole of such income received by way of interest or dividend by the cooperative society from its investment with any other cooperative society, it is subject to the provisions of section 80ab of the act, which was inserted by finance (no.2) act, 1980 with effect from 1stapril, 1981. ..... it may be mentioned here that the legislature by the finance (no.2) act, 1980 had introduced sections 80aa and 80ab into the act by the reason of the interpretation placed by the apex court upon section 80m in cloth traders (p. .....

Varshney General Sales and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : [2003]130STC202(All)

..... this state, which is not in other states, keeping in view the commodity being declared as a commodity of special importance under section 14 of the 1956 act, limiting imposition of sales tax at 4 per cent in inter-state sales coupled with the 1957 act preceded by taxation inquiry commission reports including letter of the finance minister, affects the free-flow of this commodity or it impedes its movement within the meaning of article 301. 81. it is also relevant to point out in this context ..... are subject to certain powers of legislation by parliament or the legislature of a state ; (2) the freedom declared by article 301 does not mean freedom from taxation simpliciter, but does mean freedom from taxation which has the effect of directly impeding the free-flow of trade, commerce and intercourse ; (3) the freedom envisaged in article 301 is subject to non-discriminatory restrictions imposed by parliament in public interest (article 302) ; (4) even discriminatory or preferential legislation may be made by ..... the commission expressed its concern at the fact that tobacco and tobacco products were subjected to a very high level of taxation by the states as well as by the central at para 32 of chapter viii of the report, which is reproduced below :'the main question to be considered in relation to the sales tax or special taxes on tobacco and tobacco manufacturers is their incidence in relation to the central excise duties. .....

Dr. A.K. Bansal Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2000)73ITD49(All.)

..... to give reasons for 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. ..... central board of direct taxes, ministry of finance, north block, ..... can be empowered to adjudicate even the matters incidental to the matters relating to levy, assessment, collection and enforcement of any tax and since the levy, assessment and collection of tax under chapter xiv-b of the act is in consequence upon action under section 132 of the act, the matter relating to the validity of search action under section 132 of the act and consequently the existence of circumstances or satisfaction of the conditions specified in clause (a) or (b) or (c) of sub-section (1) of ..... the dispute according to procedure consistent with principles of natural justice : he cannot permit his judgment to be influenced by, matters not disclosed to the assessee, nor by dictation of another authority.the orders, instructions and directions of the central board contemplated by section 13 of the wealth-tax act, 1957, may control the exercise of the power of the officers of the department in matters administrative but not quasi-judicial. ..... dwijendralal brahmachari [1973] 90 itr 467, a decision of a single judge of the calcutta high court, affirmed by a division bench of that court as .....

Cawnpore Sugar Works Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1982)2ITD654(All.)

..... furnished before the lower authorities or even before us to show that the co-operative cane development unions or cooperative cane development councils, to whom payments were made, were financed wholly by the government and had it not been so, it would not have been necessary for the assessee-company to approach the cbdt for the issue of a clarification ..... any income is to be made in a later assessment year, the tax on such income shall be payable by deduction at source or by advance payment in accordance with the provisions of chapter xvii and on this basis, it was argued by him that the purpose of the various provisions under chapter xvii of the act was to expedite or ensure collection of tax and if there was no tax to be levied and no assessment to be made in a later assessment ..... to the assessment years 1971-72 to 1978-79 (except 1974-75) in the case of gauri factory branch, the assessment years 1969-70 to 1973-74, 1977-78 and 1978-79 in the case of padrajna factory branch and the assessment years 1969-70 to 1973-74, 1977-78 and 1978-79 in the case of kathjuiyan factory branch, the assessee-company made payments by way of interest to co-operative ..... shall pay within the prescribed time limit the sum so deducted to the credit of the central government or as the cbdt directs, in support of the contention that section 201(1) refers to only such person who, having deducted the tax at source, fails to pay the same as required by the preceding section and this does not apply to a case .....

Commissioner of Income-tax Vs. Smt. Susheela Devi Agarwal

Court : Allahabad

Reported in : [2010]187TAXMAN220(All)

..... the relevant extract is reproduced below:.as regards the contention that the appeal should not have been entertained in view of the direction of the central board of direct taxes dated 27-3-2000, we are of the opinion that the instructions of the central board of direct taxes regarding filing of appeals are only internal matters of the department, and the assessee cannot object to filing of an appeal despite of ..... case, and on the 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 in holding that the assessee is not liable to pay income-tax on the lottery prize money of the sikkim government?5. ..... agrawal at the very outset raised a preliminary objection about the maintainability of the appeal in view of the circulars issued by the central board of direct taxes in respect of filing of appeals before the tribunal, high court and the apex court. ..... since the quantum of revenue involved is below the monetary limit as prescribed by the central board of direct taxes under circular dated 4-11-1987, the present appeal is liable to be dismissed. ..... he submits that the circulars issued by the central board of direct taxes are binding on the revenue authorities including the commissioner of income-tax who is the appellant herein. .....