Judgment Search Results Home > Cases Phrase: finance act 1984 section 2 income tax Court: income tax appellate tribunal itat amritsar Page 10 of about 341 results (0.216 seconds)

Hansa Agencies (P) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Amritsar

..... us relates to the finding whether an opportunity of being heard is required to be granted to the parties while passing orders under s. 260(1) of the it act. sec. 260(1) of the it act reads as follows : "260(1). the high court or the supreme court upon hearing any such case shall decide the questions of law raised therein, and shall deliver ..... is available in cit vs. p. krishna warrier (1994) 208 itr 823 (ker), east india corpn. ltd. vs. cit (1975) 99 itr 287 (mad) and paul mathews & co. vs. ito (1984) 148 itr 629 (ker).9. the proper procedure available with the tribunal while deciding the appeal of the appellant was to decide the appeal of the appellant in full ..... , on the facts and circumstances of the case, the tribunal is right in law in holding that order made under s. 144b of the it act was bad in law and the assessment made on 26th may, 1984 is barred by limitation ?' the high court vide its order dated 29th september, 1997 decided the question in favour of the department and against .....

Sarishti Pal Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2002)76TTJ(Asr.)224

..... ) 219 itr 632 (mp), the honble madhya pradesh high court has held that second application for rectification is not maintainable. in the said case, an application under section 254(2) of the act or rectification was moved before the tribunal which was rejected on 16-8-1982 on the ground that there was no error and all the material was taken ..... the view that the assessee has moved the present application for rectification of order, dated 24-4-2000 passed in m.a. no. 87(asr)/1999 under section 254(2) of the act. as we have already noted above that while disposing of the m.a. no. 87(asr)/1999 the tribunal has considered all the contentions raised by the ..... the applications reproduced hereinabove. it is true that in the instant case the assessee had moved m.a. no. 87(asr)/1999, dated 25-10-1999, under section 254(2) of the act and the tribunal vide its order dated 24-4-2000, rejected the application. the finding of the tribunal has been reproduced hereinabove. from these findings, it is crystal .....

J and K Small Scale Inds. Dev. Corp. Vs. the Asstt. C.i.T., Range I

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2008)117TTJ(Asr.)510

..... delay.vaijayanatabai baburao patil v. shantaram baburao patil and ors." 253 itr 798 (s.c.), it has been held, inter alia, that in exercising discretion under section 5 of the limitation act, 1963, to condone delay for sufficient cause in not preferring an appeal or other application within the period prescribed, courts should adopt a pragmatic approach; that a ..... that the alleged cause tried to be shown by the assessee as a sufficient cause preventing it from filing its appeals within the time limit prescribed by section 253(3) of the act, is nothing other than a mere facade put up by the assessee in an attempt to tide over the inordinate unexplained delay in filing these appeals ..... the assessee.24. continuing his argument, the learned d.r. has stated that by virtue of another application dated 10-3-2004, filed by the assessee under section 154 of the act, the assessee had requested the a.o. for further rectification of the order dated 1-4-2003, for the assessment years 1982-83, 1983-84, 1985- .....

Smt. Harnam Kaur Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (1988)24ITD267(Asr.)

..... one the other transferee had no right and, therefore, one single acquisition proceeding based on that single deed was not held to be in accordance with section 269c(1) of the act. thus it follows from the kerala authority that action for acquisition could lie in respect of each transfer of any immovable property as witnessed by a sale ..... land and the building thereon, it will come to rs. 21,333, which is clearly not more than the limit of rs. 25,000 prescribed in section 269c(1) of the act. in support of this submission, attention was invited also to the revenue's own conduct in starting three separate acquisition proceedings relating to each sale.support was ..... the basis of the principles laid down by the punjab and haryana high court covering the conditions precedent for initiating acquisition proceedings, enunciated in cit v. amrit sports industries [1984] 145 itr 231, shri arora submitted that, as can be seen from the reasons recorded by the ca in the three cases, which were at pages 12 to .....

Sh. Tirath Ram (Huf) Vs. the Assessing Officer

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2004)91ITD534(Asr.)

..... interest. such being the position, there cannot be any question of looking into the so called "spirit of the section", not emerging either from the speech of the finance minister or the memorandum explaining the provisions of the finance bill, to burden the assessee with additional amount of interest. it is a settled legal position that the provisions casting ..... c.i.t. (1989) 179-itr-718-20 (cal). to state that the appeal was maintainble. further reliance was placed on the cases of cit v. sarju prasad (1984) 148-itr-824718 (all). and cit v. prabhat krishna rohatgi (1985) 154-itr-824(cal). in the light of these precedents, it was tendered that the appeal was ..... of central provinces (supra) has laid down that the question of reduction or waiver of the interest levied under section 139(8) or section 215 cannot be subject matter of n appeal under section 246(c) of the act. but the fact ramains that the appeal in the present case was filed before the first appellate authority against the .....

Jatinder Kumar Beri Vs. Assistant Controller of Estate

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (1986)17ITD845(Asr.)

..... that a sole surviving coparcener was fully competent to dispose of the whole of the huf property before his death and in view of section 6 of the estate duty act. 1953 (the act), the entire huf property would be deemed to pass on his death. the appellate controller observed that there were conflicting decisions on the ..... worth pointing out that whereas the amritsar bench of the tribunal has considered the question of taxability under section 6, the allahabad bench has considered the question under section 7 of the act and without considering the applicability of section 6. it is also interesting to note that the attention of the allahabad bench was not drawn to ..... of this property on the date of his death. it was, therefore, held that whole of the property passed under section 6 of estate duty act. the controller of estate duty (appeals) held that section or section 39 will have no application in the case of surviving coparcener and the question of applying provision of the hindu succession .....

Anil Kumar Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (1986)15ITD695(Asr.)

..... out that a specific ground on this issue had been taken before the commissioner (appeals).it was further contended that for applying the provisions of section 40a (2) of the income-tax act, 1961 (the act) it was the iac (assessment), who was expected to place material on record to show the prevalent market rate of interest. it was next ..... the second issue raised by the assessee is quite interesting. it has challenged the legal competence of the commissioner (appeals) to uphold the levy of interest under section 215 of the act on the footing that neither it had been levied by the iac (assessment) nor it had been challenged in the grounds of appeal before him on that ..... was stated that the commissioner (appeals) could even correct the order of the iac (assessment) if it was contrary to law and an authority of the supreme court in [1984] 147 itr 11 (sic).7. on a careful consideration of the submissions made by both the sides and the findings of the commissioner (appeals) and the iac (assessment) .....

Assistant Controller of Estate Vs. Kailash Chand, Amir Chand and Prata ...

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2000)77ITD19(Asr.)

..... of the revenue questioning the decision of the appellate controller of estate duly cancelling the order of the assistant controller of estate duty dated 25-5-1984 passed under section 61 of the estate duty act, 1953.the deceased r.b. kishore chand maheshwary died on 22-1-1975. the estate duty assessment was completed on the a.ps., ..... the record when the aced under a misconception modified the original estate duty order by order under section 61 of the estate duty act dated 31-3-1984 and such an order had been correctly rectified by subsequent order under section 61 dated 25-5-1984. from this angle also, it is obvious that the revenue deserves to succeed.in view ..... madras high court included the shares of the lineal descendants.the matter rested at that till an application dated 11-2-1984 was moved by the a.ps. requesting for rectification under section 61 of the estate duty act. the request was inspired by a report under the heading "from our reporter at the supreme court appearing in 143 .....

Assistant Commissioner of Vs. Satinder Puri

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (1990)32ITD732(Asr.)

..... the ground, that his share of loss from the firm m/s ravi solvex amounted to rs. 56,431.3. later the ito passed an order captioned under section 154/155 of the act by which he determined the taxable income at a positive figure of rs. 40,040 because there was no loss determined in the case of ravi solvex and ..... on 24-5-1982. rejecting the assessee's plea that since no penalty proceedings had been initiated in the order passed under section 143(1) of the act, it could not be done in the order under section 154 of the act and also that there was reasonable cause for late filing, levied the penalty of rs. 4,390.4. in the first appeal ..... deputy commissioner of income-tax (appeals), amritsar range, amritsar, cancelling penalty of rs. 4,390 which had been levied by the ito under section 27 l(l)(a) of the income-tax act, 1961,hereinafter referred as the act, in respect of assessment year 1980-81 is contested.2. the assessee's loss return of rs. 11,038 came to be accepted by .....

Sutlej Palace and Pictures Vs. Competent Authority, Iac

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (1990)35ITD184(Asr.)

..... firm is a highly interested person. a bare denial by him uncorroborated by any independent evidence is not sufficient to rebut the presumption arising under section 27 of the said act.11. according to the transferee a certified copy of the order of the competent authority was for the first time delivered to brij mohan ..... rebuttable. it has to be seen whether the presumption arising under section 27 of the general clauses act has been successfully rebutted on the transferee or not.9. the registered cover containing the copy of the order of the competent authority was delivered by ..... there is no dispute that the registered cover containing a copy of the order was properly addressed and prepaid. a presumption would, therefore, arise under section 27 of the general clauses act that the copy of the order sent by registered post, was duly served on the addressee, namely, the transferee. this presumption, no doubt, is .....