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ito Vs. Gargh Sons

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2004)87TTJAgra488

..... matter in support of the preliminary objection, as aforesaid, raised by the assessee. he has submitted that section 119 of income tax act relating to instructions to subordinate authorities falls under chapter xiii relating to appointment and control of it authorities. thus, the cbdt by issuing instruction under section 119 except under cases falling under ..... & chemicals ltd. v. union of india & anr. (1992) 195 itr 485 (all). he has also mentioned that the decision in the case of kerala finance corporation (supra) has been overruled on facts only and not in respect of the proposition of law relied upon by this bench.the learned departmental representative has further mentioned ..... show that they were issued under section 119 of the act.he has further mentioned that the reliance made upon the decision in the case of kerala finance corporation v. cit (1994) 210 itr 129 (sc), for the view that instructions cannot override provisions of act, has since been overruled by the hon'ble supreme court .....

Farrukhabad GramIn Bank Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2006)103ITD207Agra

..... in respect of such incidental receipts also because these are all attributable to the business of banking.32. there are a number of decisions in the context of chapter vi-a of the act, where the meaning of the words 'attributable to' has been explained. in cambay electric supply industrial co. ltd v. cit , the meaning of the words ..... made in the last decision too do not support the theory made out by the ao. firstly, it was not a case, where availing of any exemption under chapter vi-a was involved. the situation considered related to 'kar vivad samadhan scheme' and in this context, the court has said that 'a provision granting exemption or concession ..... the next circular, which in fact is an earlier circular dt. 20th oct., 1978 issued by the banking division, department of economic affairs, ministry of finance, government of india. it says that since rrb is deemed to be a co-operative society under section 22 of the rrb act, its entire income is deductible as per section 80p of the .....

Vidit Kumar, Ram Krishan Agarwala Vs. Deputy Commissioner of Income Ta ...

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2005)95TTJAgra117

..... of the opinion that so far as authorisation under s, 132a is concerned, the same was not in accordance with law and consequently cannot lead to assessment under chapter xiv-b of the act.40. (i) before parting with this issue, we would like to consider the revenue's objection that the validity of proceedings under section 132a having become final as ..... . even otherwise, we are further of the opinion that the issue is squarely covered by the decision of hon'ble high court of allahabad in the case of jaiswal motor finance (supra) because all the three individuals having accepted the cash as belonging to them or as theirs cash, no addition could be made in the hands of aop.48. so ..... and ors. (1990) 182 itr 392 (mad), wherein the hon'ble high court has followed the earlier decision of the madras high court in cit v. r. dhandayutham and ors. (1978) 113 itr 602 (mad). as per this order of the hon'ble madras high court, the preposition of law is that where an assessment had already been made on each .....

Goyal Iron and Steel Works (India) Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Agra

..... 263 passed by cit before us.8. it was argued by the learned counsel that the scope of undisclosed income under chapter xiv-b of the act was very limited. "undisclosed income" is defined in section 158b(b) of the act. chapter xiv-b was a special provision regarding the assessment of search and seizure cases.section 158bc speaks of those cases where ..... whereof the lawful revenue due to the state has not been realised or cannot be realised. my views find support from the decision reported in addl. cit v. mukur corporation (1978) 111 itr 312 (guj), (1993) 203 itr 108 (bom) (supra) and cit v. smt. milan ben s. parikh (1995) 215 itr 81 (guj).17. the phrase "prejudicial to the ..... holding an order to be erroneous. while relying on the decision of hon'ble allahabad high court in the case of j.p. srivastava & sons (kanpur) ltd. v. cit (1978) 111 itr 327 (all), the learned counsel argued that it was mandatory for cit to examine the material and then come to the conclusion that the order passed by the .....

Goyal Iron and Steel Works (India) Vs. Cit

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2002)76TTJAgra578

..... passed by commissioner before us.it was argued by the learned counsel that the scope of undisclosed income under chapter xiv-b of the act was very limited. "undisclosed income" is defined in section 158b(b) of the act. chapter xiv-b was a special provision regarding the assessment of search and seizure cases.section 158bc speaks of those ..... to be erroneous. while relying on the decision of hon'ble allahabad high court in the case of j.p. srivastava & sons (kanpur) ltd. v. cit (1978) 111 itr 327 (all), the learned counsel argued that it was mandatory for commissioner to examine the material and then come to the conclusion that the order passed by ..... the investments made by them in the household expenses. such investment was accepted by the assessing officers in different years. even, during the course of assessment proceeding under chapter-xiv-b, the assessing officer, vide letter dated 22-2-1999, had asked the assessee to file the sources of investment in various assets found during the .....