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income-tax Officer Vs. Abdul Razack and ors.

Court : Andhra Pradesh

Reported in : [1990]181ITR414(AP)

..... prior to its substitution, sub-section (1), as substituted by the taxation laws (amendment) act, 1975, with effect from october 1, 1975, and later on amended by the income-tax (second amendment) act, 1981, with effect from july 11, 1981, the finance act, 1982, with effect from july 1, 1982 (see [1982] 137 itr 6), and the taxation laws (amendment) act, 1984, with effect from april 1, 1984, stood as under : '(1) a person shall not be proceeded against for an offence under section 275a, section ..... we have given our anxious consideration to the contentions, and we hold ultimately that the assessment should be completed before the proceedings, either by way of a penalty or a prosecution under chapter xxi and chapter xxii of the income-tax act, 1961, respectively, can be instituted and that although the finding in either of the said proceedings may not be binding on the other, it does not rule out the necessary of competing the assessment which is the sine ..... (2) any offence under this chapter may, either before or after the institution of proceedings, be compounded by - (a) the board or a chief commissioner or a director general authorised by the board in this behalf, in a case where the prosecution would lie at the instance of the commissioner (appeals) or .....

Commissioner of Income-tax, Madras Vs. G.R. Karthikeyan

Court : Supreme Court of India

Reported in : AIR1993SC1671; (1993)112CTR(SC)302; [1993]201ITR866(SC); JT1993(3)SC174; (1993)2MLJ82(SC); 1993(2)SCALE588; 1993Supp(3)SCC222; [1993]3SCR328

..... the indian income-tax and excess profits tax (amendment) act, 1947 had inserted section 12(b) in the indian income-tax act, 1922. ..... the question referred under section 256(1) of the income-tax act reads as follows:whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the total sum of rs. ..... (the clause has been amended by finance act, 1986 but we are not concerned with it. ..... (c) section 74(a) which too was introduced by the finance act, 1972 supports the said view. ..... the income tax officer included the same in the income of the respondent-assessee relying upon the definition of 'income' in clause (24) of section 2. ..... sub-clause (ix) which was inserted by the finance act, 1972 reads as follows:(ix) any winnings from lotteries, crossword puzzles, races including horse races, card games and other games of any sort or from gambling or betting of any form or nature whatsoever; 6. ..... the validity of the said amendment was questioned on the ground that tax on capital gains is not a tax on 'income' within the meaning of entry 54 of list-1, nor is it a tax on the capital value of the assets of individuals and companies within the meaning of entry-55, of list-1 of the seventh schedule to the government of india act, 1935. ..... section 10 occurs in chapter hi which carries the heading 'incomes which do not form part of total income'. .....

V. Krishnan Vs. M.S. Dhananjayan and Others

Court : Chennai

..... the income tax act, 1961 has been amended in the year 1986 by finance act chapter xxc and thereby introduced section 269 ul ..... as per the amended provision of income tax act, 1961, the income tax department has become the owner. ..... by virtue of section 269 ue (1) of income tax act, the central government has become the owner on 9.1.1989 ..... after obtaining no objection certificate from the income tax department, the defendant has left to america and the first plaintiff has given a legal notice and the same has not been served and further, the first plaintiff has always been ready ..... the defendant has to obtain income tax clearance certificate before execution of sale deed ..... is true that there are certain mistakes on the part of the defendant in obtaining no objection certificate from the income tax department. ..... is true that the first defendant has to obtain necessary no objection certificate from the income tax department. ..... is true that the defendant has to obtain necessary no objection certificate from the income tax department. ..... it is agreed in the agreement of sale that before execution of sale deed, the defendant has to obtain no objection certificate from the concerned income tax department. ..... further, it is agreed in the sale agreement that before execution of sale deed in favour of the first plaintiff, the defendant has to obtain no objection certificate from the concerned income tax department. ..... the suit property is situate near boat club road and the present rate per ground is rs.19 lakhs. .....

N.J. Jose Vs. Thavarakkattil Chandri and ors.

Court : Kerala

Reported in : [1988]170ITR210(Ker)

..... , if in its opinion it is necessary so to do in the public interest, specify by notification in the official gazette in this behalf, any such information relating to any assessee in respect of any assessment made under this act or the indian income-tax act, 1922 (11 of 1922), as may, in the opinion of the board or other income-tax authority, be necessary for the purpose of enabling the officer, authority or body to perform his or its functions under that law. ..... (b) where a person makes an application to the commissioner in the prescribed form for any information relating to any assessee in respect of any assessment made under this act or the indian income-tax act, 1922 (11 of 1922), on or after the 1st day of april, 1960, the commissioner may, if he is satisfied that it is in the public interest so to do, furnish or cause to be furnished the information asked for in respect of that ..... , or affidavit or deposition made in the course of any proceedings under this act, other than proceedings under chapter xx11, or in any record of any assessment proceeding, or any proceeding relating to recovery of a demand, prepared for the purposes of this act, shall be treated as confidential, and notwithstanding anything contained in the indian evidence act, 1872(1 of 1872), no court shall, save as provided in this act, be entitled to require any public servant to produce before it any such ..... underwent a further amendment by the finance act of 1967. ..... , deleted by the finance act, 1964 (5 of ..... finance .....

Rashmikant Kundalia and Another Vs. Union of India and Others

Court : Mumbai

..... of april, 2005 in accordance with the foregoing provisions of this chapter or, as the case may be, any person being an employer referred to in sub-section (1-a) of section 192 shall, after paying the tax deducted to the credit of the central government within the prescribed time, prepare such statements for such period as may be prescribed and deliver or cause to be delivered to the prescribed income tax authority or the person authorised by such authority such statement in such ..... 1st april, 2005 in accordance with the foregoing provisions of chapter xvii or, as the case may be, any person being an employer referred to in sub-section (1a) of section 192 shall, after paying the tax so deducted to the credit of the central government within the prescribed time, prepare such statements for such period as may be prescribed and deliver or cause to be delivered to the prescribed income tax authority or the person authorised by such authority, such statements, in ..... by finance act (no.2) act, 2014 ..... union of india, (1981) 4 scc 675 : 1982 scc (tax) 30] it was observed (as quoted above) that laws relating to economic activities should be viewed with greater latitude than laws touching civil rights such as freedom of speech, freedom of ..... garg case [(1981) 4 scc 675 : 1982 scc (tax) 30] is an authority for the proposition which has been stated herein, namely, when a law of the legislature encroaches on the civil rights and civil liberties of the people mentioned in part iii of the constitution .....

Azad Tobacco Factory (P.) Ltd. Vs. Commissioner of Income-tax and ors.

Court : Allahabad

Reported in : (1997)140CTR(All)476; [1997]225ITR1002(All)

..... be required to bring into india, the sale proceeds of goods or merchandise, in convertible foreign exchange, within a period of six months from the end of the previous year or within such extended period as the chief commissioner or commissioner of income-tax may allow on being satisfied that the taxpayer was prevented from complying with this requirement for reasons beyond his control. ..... under the existing provisions of section 80hhc of the income-tax act, exporters are allowed 100 per cent. ..... in view of the observations made hereinbefore, we are of the view that the commissioner of income-tax, while passing the impugned order contained in annexure 'i' to the writ petition, has failed to exercise his jurisdiction though he was so invested with such power wholly on an erroneous misconception of the provisions contained in sub-section (2)(a) aforesaid. ..... 572 (see [1990] 186 itr 81), dated 5rd august, 1990, containing explanatory notes in respect of the finance act, 1990, paragraph 28 whereof reads as follows :' 28. ..... nowhere in the act, has any manner or method or procedure for claiming deduction other than the manner as indicated in chapter vi-a been provided? ..... 5 is provided for 'less : deductions under chapter vi-a 'wherever admissible' with the instruction ... ..... chapter vi-a entitles an assessee to claim various deductions as contemplated in section 80c to section 80u. .....

Ghalib Institute Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)53ITD358(Delhi)

..... the trust properties and funds more particularly described in schedules 'a' and 'b' respectively upon the trusts following : (a) upon trust, in the first instance, to collect rents, interest, dividends and other income of the trust and from and out of the funds of the trust pay in the first place all costs, charges and expenses of and incidental to the management, administration and execution of trusts and ..... parihar dharamshala (supra), their lordships of rajasthan high court have held, "that the income derived by the trust by letting out rooms was entitled to exemption under section 11, read with section 2(15), of the income-tax act, 1961. ..... in the case of federation of indian chambers of commerce & industry (supra), their lordships of the supreme court have held : that the income derived by the respondent from the activities, such as holding the indian trade fair and sponsoring the conference of the afro-asian organization, were for the advancement of ..... this provision reads as under : (4a) sub-section (1) or sub-sections (2) or sub-section (3) or sub-section (3a) shall not apply in relation to any income, being profits and gains of business, unless- (a) the business is carried on by a trust wholly for public religious purposes and the business consists of printing and publication of books or publication of books or is of a ..... provision of section 11 (4a) introduced by the finance act, 1983 w.e.f. ..... the object of the trust is embodied in chapter 2 of the trust deed, relevant portion of .....

Commissioner of Income-tax Vs. Lunidaram Tulsidas Panjabi

Court : Mumbai

Reported in : (1993)114CTR(Bom)344; [1993]204ITR674(Bom)

..... 271, if in a case falling under clause (c) of that sub-section, the amount of income (as determined by the income-tax officer on assessment) in respect of which the particulars have been concealed or inaccurate particulars have been furnished exceeds a sum of twenty-five thousand rupees, the income-tax officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.' 14. ..... the tribunal, while allowing the appeal of the revenue against the order of the appellate assistant commissioner and affirming the additions made by the income-tax officer, observed as follows : 'in our opinion, on the fact, it must be said that the assessee has out up a false story in this regard and the amount received from the rwitc did ..... by this reference under section 256(1) of the income-tax act, 1961 ('the act'), the income-tax appellate tribunal ('the tribunal'), at the instance of the revenue, has referred the following question of law to this court for opinion : 'whether, on the facts and in the circumstances of the case, the ..... it may be mentioned that the above explanation was inserted by the finance act, 1964, with effect from april 1, 1964, and it continued in the same form till march 31, 1976, when it was substituted by four new explanations with which we are not concerned in the ..... the income-tax officer found that the normal rate of premium for purchase of such winning tickets was .....

Mahesh Prasad Soni Vs. Addl. Cit

Court : Income Tax Appellate Tribunal ITAT Jabalpur

Reported in : (2004)86TTJJab815

..... such persons in support of their explanation.with a view to circumventing this device, which enables taxpayers to explain away unaccounted cash or unaccounted deposits, the bill seeks to make a new provision in the income tax act debarring persons from taking or accepting, after 30-6-1984, from any other person any loan or deposits otherwise than by an account payee cheque or account payee bank draft if the amount of such loan or ..... in para 17.2 of its order held as under : "provisions of section 269ss were brought in the statute book to counter the evasion of tax in certain cases, as clearly stated in the heading of chapter xx-b of the income tax act, 1961, which reads requirement as to mode of acceptance, payment or repayment in certain cases to counteract evasion of tax legislative. ..... intention in bringing section 269ss in the income tax act was to avoid certain circumstances to tax evasion, whereby huge transactions are made outside ..... is as under : "unaccourited cash found in the course of searches carried out by the income tax department is often explained by taxpayers as representing loans taken from or deposits made by the ..... commissioner (appeals) have imposed penalty under section 271d of the act as the assessee has taken or accepted loan or deposits otherwise than by an account payee cheque or account payee bank draft in violation of section 269ss of the act.the provisions of sections 269ss and 269t were brought on the statute by the finance act, 1984, with effect from, 1-4-1984. .....

Commissioner of Income-tax Vs. Mathulal Baldeo Prasad.

Court : Allahabad

Reported in : [1961]42ITR517(All)

..... - this is a reference under section 66(1) of the indian income-tax act, 1922, read with section 21 of the excess profits tax act, 1940, made by the income-tax appellate tribunal at the instance of the assessee messrs. ..... an ascertained liability was there and was legally enforceable against the assessee; that the assessee intended not to discharge his liability did not affect his legal liability or his legal rights under the income-tax act and the excess profits tax act.on behalf of the revenue authorities the case of sassoon & co. ..... 'adopting the argument with respect it may be said that the loss deductible for income-tax purposes in one actually existing at the time and debiting an amount which may in whole or in part be subsequently found to be due as a result of an arbitration agreed to between the parties is not a loss.by the court ..... 994, which is the item in dispute, could possible by made in the accounts of that period.learned counsel for the department invited our attention to the provisions of section 10(2a) of the income-tax act which reads as follows :'10. ..... 'this provision was introduced by the indian finance act 1955 and is not applicable to assessments for the years 1945-46 and 1946-47 ..... the constituent of the assessee submitted an account, and the assessee disputed the correctness of the rate and asserted that the constituent had not rendered a true and correct account of the transactions. ..... - judgment pronounced by me today under chapter vii, rule 1 (2), of the rules of court .....