Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... the rival contentions made by the learned counsels appearing for the parties, i would first like to discuss some of the relevant provisions of the income tax act, 1961.7. chapter xiv of the income tax act, 1961 deals with the procedure for assessment in the event return is filed. section 139 provides that every person, if his total ..... income or the total income of any other person in respect of which he is assessable under this act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall furnish a return of his income or the income ..... m.y. eqbal, j.1. the commissioner of income tax, bihar-ii, ranchi filed two applications under section 256(1) of the income tax act, 1961 for the assessment years 1984-85, 1985-86 and prayed to the appellate tribunal to refer the question arising out of the order of the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (2000)74ITD25(Pune.)
..... the decision of patna high court in the case of m.a. rauf (supra) are the decisions in the context of section 13 of indian income-tax act, 1922 corresponding to section 145 of the income-tax act, 1961. as stated by us earlier, the provisions of section 145 are not applicable to assessments made under section 158bc which are special assessments based on search ..... the assessing officer in para 20 on page no. 52 of the assessment order.according to the assessing officer in the statement recorded under section 132(4) of the income-tax act, 1961 on 29-11-1996 vide reply to question no. 44, the assessee had claimed to have purchased flats at mumbai in the name of his son shri sanjay k ..... 5,000 sustained for ground no. 5 would be unwarranted.140. except as stated above, i agree with the proposed order. order under section 255(4) of the income-tax act, 1961 1. as there is a difference of opinion between the accountant member and the judicial member, the matter is being referred to the president of the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Lucknow
Reported in : (2002)76TTJLuck628
..... are given at page 13 of paper book. since regular assessment for these two years has been made by the assessing officer under section 143 of the income tax act, 1961, addition if any on account of renovation or repairs could at the most have been made in such regular assessments. however, since no material was found ..... income as a result of search. according to him, under section 158bb(1) read with section 158bc of income tax act, 1961, what is assessed is the undisclosed income of the block period and not the total income or loss of the previous years required to be assessed in ..... entire information regarding investment made by her in purchase of the property and she was filing her return showing her income every year.the main contention of the assessee before us was that chapter xiv-b of the income tax act, 1961, lays down a special procedure for assessment of search cases and provides for assessment of undisclosed .....
Tag this Judgment!Court : Delhi
Reported in : (2004)89TTJ(Del)836
..... and confirm the investment, there is no question of making any addition in the hands of company by invoking the provisions of section 68 of the income tax act, 1961.8. even on merits, learned counsel submitted that all the three shareholders, namely, s/shri govind mishra, jaipal sharma and alok goel are genuine parties assessed ..... search cases and provides for assessment of undisclosed income as a result of search. block assessment made under the said chapter is not intended to be a substitute ..... of the delhi high court in the case of cit v. sophia finance itd. (supra).11. we have carefully considered the rival submissions and gone through the paper book as well as other compilation of papers filed by the learned counsel before us. chapter xiv-b of the income tax act, 1961, lays down a special procedure for assessment of .....
Tag this Judgment!Court : Allahabad
Reported in : [1998]232ITR480(All); [1998]97TAXMAN294(All)
..... assessment and, therefore, non-compliance of it cannot render the assessment void and liable to be annulled. the court held as under (headnote) :'section 144b of the income-tax act, 1961, falls in chapter xiv which bears the caption 'procedure for assessment'. it is, therefore, manifest that sections 139 to 158 falling in chapter xiv relate to procedure ..... ) in not annulling the assessment framed against the rules of natural justice and in contravention of the provisions of section 144b of the income-tax act, 1961, but in only setting it aside to be made afresh after giving due opportunity to the assessee in accordance with law ?'11. learned counsel ..... r.k. gulati, j.1. at the instance of the assessee, the income-tax appellate tribunal, allahabad bench, allahabad, has made this reference to this court under section 256(1) of the income-tax act, 1961 (for short 'the act').2. the brief facts are these :3. the assessee is a hindu undivided family and the dispute pertains to the assessment year .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2001)69TTJ(Ahd.)440
..... against the order, dated 31-12-1996 passed by the dy. commissioner (appeals), special range-5, ahmedabad under section 158bc read with section 143(3) of the income tax act, 1961. the assessee has taken the following substantive grounds : (1) the learned assessing officer has passed an order in violation of principles of natured justice.(2) the learned ..... assessee was working with m/s alfa-laval (1) ltd. and tetrapak (i) ltd. pune, there was a search and seizure operation under section 132 of the income tax act, 1961 in the case of m/s electrotherm (india) ltd, group of concerns and their directors on 12-12-1995 and along with the other directors, the assessee's ..... perfectly justified on a plain reading of the provisions of section 158bb(c) of the act.we have considered the rival submissions and have also gone through the order passed by the assessing officer. chapter xiv-b of the income tax act, 1961 lays down a special procedure for assessment of search cases and provides for assessment of " .....
Tag this Judgment!Court : Kolkata
Reported in : (1987)65CTR(Cal)68,[1988]171ITR348(Cal)
..... act, intituled'procedure for assessment 'was a procedural section. (c) cwt v. laxmipat singhania : [1978]111itr272(all) . in ..... which deals with the charge of wealth-tax and assets subject to such charge : it is intended to provide a machinery for the determination of the value of assets.' (b) s. mubarik shah naqshbandi v. cit . in this case, a division bench of the jammu and kashmir high court held that section 144 of the income-tax act, 1961, included in chapter xiv of the said .....
Tag this Judgment!Court : Mumbai
Reported in : [2001]248ITR310(Bom)
..... may 4, 1999, for the block period april 1, 1986, to december 11, 1996, under chapter xiv-b of the income-tax act, 1961.4. the assessee is a doctor by profession. his main source of income has been by way of medical examination fees charged for issuing medical fitness certificates for candidates going to gulf countries. on december ..... 11, 1996, there was a search under section 132 of the income-tax act at the clinic and at the residence of the assessee. during the search, registration books were seized for the period november, 1993, onwards. on a perusal ..... assessing officer. it is for this reason that we have spelt out the difference between the regular assessment and the block assessment under chapter xiv-b of the income-tax act.8. as stated hereinabove, the decision of the tribunal is based on the facts of this case. no substantial question of law arises. hence, the appeal .....
Tag this Judgment!Court : Karnataka
Reported in : (2008)218CTR(Kar)105; [2009]176TAXMAN233(Kar)
..... in the circumstances of the case, the tribunal is justified in holding that the disallowances of depreciation as made by the ao under section 143(3) of the it act, 1961 in the respective orders of assessment on the protective basis for the respective assessment years (1996-97 and 1997-98), are liable to be deleted on the ..... -revenue holding that the tribunal is quite justified in ordering deletion of disallowance of the depreciation as made by the assessing authority under section 143(3) of the it act, 1961 on protective basis for the asst. yrs. 1996-97 and 1997-98. therefore, the impugned orders of the tribunal so far as they relate to the deletion ..... true that while a protective assessment is permissible, it is not open to the it appellate authorities constituted under the act to make a protective order. the law does not permit assessment of the same income successively in different hands. the tax can only be levied and collected in the hands of the person who has really earned the .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(4)KarLJ79
..... use of a property, but also what one saves by using it oneself. that which can be converted into income can be reasonably regarded as giving rise to income. the tax levied under the act is on the income (though computed in an artificial way) from house property in the above sense and not on house property. entry ..... expert committee under the provisions of karnataka stamp act, 1957, as the basis for fixing the market value of the land for the purpose of assessment of property tax. reference in this connection may be made to the decision of the apex court in the case of khandige sham bhat v. agricultural income-tax officer, kasaragod and anr., : [1963 ..... in effect. merely because the property tax under the municipalities act and the tax on urban land under the 1966 act, both enacted under entry 49 exhaust an unreasonably high proportion of income, it cannot be said that the charging section under the 1966 act is unreasonable. the basis of the two taxes being different it is not permissible to .....
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