Judgment Search Results Home > Cases Phrase: finance act 2006 section 2 income tax Court: income tax appellate tribunal itat jodhpur Page 23 of about 252 results (0.357 seconds)

Kamal Kishore Modi Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2004)84TTJ(Jodh.)334

..... ao has made the addition on the basis of departmental valuation report. before the ao, the appellant pleaded to know the reasons for issue of notice under section 148 of the it act. the ao in para 6 of the assessment order has mentioned that either the appellant or the authorised representative may look the records with regard to the ..... aforesaid on the next date of hearing. still the appellant has taken the objection with regard to the issue of notice under section 148 of the it act, through its written submission dt. 5th oct., 1996. the ao has not mentioned in the assessment order whether any compliance got done with regard to the ..... issue of notice, relating to section 148 of the it act as observed by him in para 6 of the assessment order. the assessment order is, therefore, set aside for reframing and the ao will proceed further from .....

income Tax Officer Vs. Udai Mohan and Co.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2004)85TTJ(Jodh.)10

..... officer would reasonably infer that undisclosed account books exist, the non-production of such imaginary books would not of course be a default as contemplated under section 23(4) of the act. there can be no presumption that the assessee is suppressing books and documents called for but not produced. mere non-production, without proof of the ..... the assessee must have been maintaining another set of account books and that they committed default in not producing them in complying with the notice under section 22(4) of the act. the assessee cannot escape the consequence of non-production of books called for by merely pretending that he has no books. if the evidence ..... not satisfied with the compliance, it cannot be stated that there was non-compliance of the notice. in para 2 of the assessment order passed under section 144 of the act, the ito has observed that the notices were not fully complied with by the assessee. however, the partner, shri udaram, or the learned authorised representative .....

Mogi Printing Works Vs. Income Tax Officer [Alongwith Ita

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)97TTJ(Jodh.)573

..... "on the facts arid in the circumstances of the case, the learned ao has erred in : 1. continuing the proceedings under section 147/148 of the act, which was erroneously initiated on the basis of unspecific information inasmuch as concerned alleged lender did not name the assessee-firm with whom ..... prejudice to the foregoing grounds of appeal, and in the alternative, it is urged that in no event, in the second assessment interest under sections 139(8) and 217 was erroneously levied which ought to have been deleted by the learned dy. cit(a), which the hon'ble tribunal ..... the year 1981 and on the information received from ddi, bombay, vide his letter dt. 30th dec., 1983, the assessments were reopened under section 147(a)/148 after recording the reasons. the assessees had introduced respective cash in their accounts in the name of shri prem raj singhvi ..... when the depositor has confirmed the respective payments with explained source of income, the same cannot be added under section 68 of the act. .....

income Tax Officer Vs. Smt. Leela Devi Badola

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2008)116TTJ(Jodh.)214

..... no question was put to him regarding job work. even smt. seema bubna who initially did not accept the fact of giving her old ornaments, in response to summons under section 131 stated that she had given jewellery. shri p.s. porwal, one of the remaining seven persons had stated that his wife knows about the jewellery but his wife was ..... ao on account of different items on the basis of surrender made during the course of survey.3. briefly stated, the facts of this case are that a survey under section 133a was conducted in the case of m/s shimla jewellers, in which the assessee is the proprietor, on 26th feb., 1998. during the course of survey, no books of ..... survey record for his perusal and further the ao was called upon to make his submissions in writing and/or appear in person for discussion before him, which was not acted upon. the present incumbent, again vide his letter dt. 20th jan., 2004 requested the jt. cit to direct the ao to make his submissions in writing and/or to appear .....

Ansari Builders Vs. Income Tax Officer (ito V. Ansari

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... .9. the assessee filed a return declaring income of rs. 15,156. the said return is annexed with an audit report in the prescribed form under s.44ab of the act. the income has been assessed by the ao at rs. 7,22,492. the figure of addition sustained by the cit(a) as mentioned in the assessee's grounds of .....

income Tax Officer Vs. Naresh Fabrics

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... corresponding sales had been shown. consequently, the ao added the cost of unrecorded purchases of rs. 2,32,981 to the income of the assessee while finalising the order under section 143(3). the matter was carried before the cit(a) who deleted the said addition.5. the learned departmental representative made an attempt to support the order of the ao .....

income Tax Officer Vs. L.N. Mehta (Huf)

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... being for asst. yr. 1988-89.10. ground no. 1 disputes the order of addl. cit(a) in directing the ao to allow interest under section 214 of the act. the learned departmental representative of revenue has contended that the assessee did not furnish estimate/statement of advance tax but he paid advance tax during the financial ..... of revenue has relied on the orders of ao. as against this the learned authorised representative of assessee has contended that the original assessment was completed under section 143(3) and that thereafter no new facts have been pointed out by the ao for making this addition. he has contended that the ao has not ..... year. he has contended that the ao had not allowed interest under section 214 in his assessment order and so the assessee moved rectification petition under section 154 .....

Kajodimal Virdi Chand Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2003)78TTJ(Jodh.)934

..... records.3. ground nos. 1 and 2 constitute single issue disputing the validity of action under sections 147, 148, the initiation of proceedings for reassessment under section 147 and the reassessment order under section 143(3)7147 of the act. the learned authorised representative of assessee has contended that the reasons recorded by ao for reopening ..... assessment already made under section 143(1)(a) on 16th march, 1995, as placed on p. 7 of ..... exists; and the advances are not at all income chargeable to tax. it has also been contended that on change of opinion, reassessment or action under section 147, for reopening assessment is not permissible. as against this, the learned departmental representative of revenue has relied on the orders of ao, 4. i .....

income Tax Officer Vs. Chothmal Idanji

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)94TTJ(Jodh.)766

..... pertains to loan of rs. 50,000 taken from smt. sushila bai was not genuine.6. valuation report cannot be a basis for issue of notice under section 148 of the act. this report was referred to the valuation officer and report obtained after the passing of the assessment. my above view is in conformity with the decision of the ..... capital of huf and rs. 50,000 as loan from smt. sushila bai for the asst. yr. 1987-88.the assessment was completed under section 143(1) of the it act, 1961 (hereinafter referred to as 'the act' for short), on 26th aug., 1987.thereafter, the ito, sumerpur, referred the matter of valuation of cost of construction to the valuation officer ..... on 16th aug., 1993.subsequently, on 13th march, 1995, a notice under section 148 of the act, dt. 1st feb., 1995, was issued to the assessee for reopening of the assessment.3. the assessment was reopened and assessment order passed under .....

Deputy Commissioner of Income Tax Vs. M.L. Jain

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)96TTJ(Jodh.)362

..... of these gifts. the respective amounts of gifts are debited in the books of account of the donors. in these circumstances, the statements recorded under section 132(4) of the act that too during the search proceedings when the atmosphere is surcharged usually and when the documentary evidence justifies the claim of the assessee, no such addition ..... records clearly establishes that no such cash was found during the course of search. this addition is solely based on the statement of the assessee recorded under section 132(4) of the act. it is a well established position of law that a statement recorded during search does not tantamount to any money, bullion, jewellery or other valuable ..... an undisputed fact that no such cash was found or seized during the course of search. the cit(a) deleted this addition on the reasoning that under section 69a of the act no (sic) addition can be made if the assessee is found to be the owner of any money, bullion, jewellery or other valuable articles and also .....