Court : Gujarat
Reported in : [1996]221ITR317(Guj)
..... not exempt under art. 289(1) of the constitution of india? 2. whether the tribunal was right in holding that the income of the assessee-corporation was not exempt from payment of income-tax under the provisions of s. 10(20a) of the it act, 1961 14. the board is constituted under the act and is playing an important role in implementing the schemes under the bpmc ..... act and the gujarat municipalities act. constitution (art. 243w) provides that the legislature of a state may by law endow the municipalities with such .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)162CTR(Guj)488; [2000]108TAXMAN536(Guj)
..... tribunal, ahmedbad bench a, ahmedabad, hence, these applications are disposed by this common judgment.2. the commissioner, surat, moved the tribunal under section 256(1) of the income tax act, 1961 (hereinafter referred to as 'the act') for making a reference. the following 8 questions were suggested to be referred to this court:'1. whether, on the facts and in the circumstances of the case ..... was not and would not have been disclosed for the purpose of the act. undisclosed income, by chapter xiv-b, is classified separately for the purpose of assessment and is required to be worked out in the manner prescribed therein and treated to a higher rate of tax. this process did not disturb the assessments already made of the previous years, and was .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]253ITR33(Guj)
m.s. shah, j.1. both these references, at the instance of the same assessee, are made by the income-tax appellate tribunal, ahmedabad, under section 256(1) of the income-tax act, 1961, (for brevity 'the act').2. in income-tax reference no. 59 of 1988, the following question is referred for the opinion of this court in respect of the assessment ..... years 1974-75 and 1975-76 :'whether, on the facts and in the ciraimstances of the case, the levy of penalty under section 271(1)(a) was legal and valid in law ?'3. in income-tax ..... order for settlement under section 245d(4) results into or is to be treated as exemption from imposition of penalty, under the income-tax act, but an express direction of the settlement commission would be required if the assessee claims any benefit in the matter of levy or quantification of .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]248ITR526(Guj)
..... common judgment passed by the tribunal, ahmedabad bench a, ahmedabad, hence, these applications are disposed by this common judgment. 2. the cit, surat, moved the tribunal under s. 256(1) of the it act, 1961 ('the act') for making a reference. the following 8 questions were suggested to be referred to this court : '(1) whether, on the ..... such regular assessment and all the statutory consequences flowing from the exercise of such powers would follow alongside of this special assessment procedure devised for dealing with undisclosed income as a result of search. it, therefore, follows that in the inquiry under s. 143(3) for regular assessment which was pending when the block ..... regular assessment taking into account such evidence and material gathered in the enquiry under s. 143(3) to ensure that proper assessment of total income is made and tax is determined on the basis of such assessment. the learned counsel submitted that the division bench was not in agreement with the views expressed by .....
Tag this Judgment!Court : Gujarat
Reported in : [1980]126ITR1(Guj)
..... any moneys or other assets which have not been or which ought to be disclosed by the transferee for purposes of the indian income-tax act, 1922, the income-tax act, 1961, or the wealth-tax act, 1957. the rules of evidence set forth in the preceding paragraph will apply at the stage of initiation of proceedings also. under one ..... the previous year, the actual cost to the assessee less all depreciation actually allowed to him under this act, or under the indian income-tax act, 1922 (11 of 1922), or any act repealed by that act, or under any executive orders issued when the indian income-tax act, 1886 (2 of 1886) was in force ......... : ' 18. explanation 2 to section 43( ..... the said instrument of transfer with the object of facilitating the reduction or evasion of the liability of the transferor to pay tax under the i.t. act, 1961, in respect of any income arising from the transfer. it was also stated that the reason for initiating the proceedings for the acquisition of the aforesaid properties .....
Tag this Judgment!Court : Gujarat
Reported in : [2004]267ITR129(Guj)
..... applicable to the case of the respondent firm was not free from doubt, and it was not open to the income tax officer to go into the true scope of the provisions of the act in a rectification proceedings under section 154 of the income tax act, 1961 : the officer was wrong in holding that there was a mistake apparent from the record of assessments of the ..... petitions under article 226 of the constitution of india challenging the orders passed by the settlement commission, respondent no.2 herein, on 20.03.2003 under section 154 of the income tax act, 1961 withdrawing the reduction or waiver of interest granted by the settlement commission under section 234a, 234b and 234c of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)188CTR(Guj)316; [2004]268ITR48(Guj)
d.h. waghela, j.1. in this petition under art. 226 of constitution, notice for assessment, under section 148 of the income-tax act, 1961 (for short 'the act'), is under challenge mainly on the ground of lack of jurisdiction.2. the facts as far as they are relevant for the purpose of deciding the ..... judicial and quasi-judicial controversies as it must in other spheres of human activity. so far as the income-tax assessment orders are concerned, they cannot be reopened on the score of income escaping assessment under section 147 of the act of 1961 after the expiry of four years from the end of the assessment year unless there be omission or ..... june, 2002 (annex. 'e') issued by the asstt. cit, circle-1(1), surat, under section 148 of the it act, 1961 (hereinafter referred to as 'the act'), for reopening the assessment for the year 1996-97 on the ground that the officer had reason to believe that the petitioner's income chargeable to tax for the asst. yr. 1996-97 had escaped assessment within .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)212CTR(Guj)195
..... , the petitioner has challenged the proceedings in consequence of the notices issued under section 263 and section 148 of the income tax act, 1961 (for short `the act') by the commissioner of income tax for revision of the assessment order passed under section 143(3) of the act and by the assessing officer for reopening the same assessment order. the relevant assessment year is 2001-02.2. the ..... shall also be deemed to be cases where income chargeable to tax has escaped assessment, namely: (a) where income chargeable to tax has been under-assessed; or(b) where such income has been assessed at too low a rate; or(c) where such income has been made the subject of excessive relief under this act or under the indian income-tax act, 1922 (11 of 1922); or(d) where excessive .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)
..... must reject this contention. 61. re : contention no. 1. - on behalf of the petitioners, it has been urged that the impugned section 44ab of the income-tax act, 1961, inasmuch of the obligations and functions prescribed for the chartered accountants are beyond the obligations and functions associated with the auditors in the classical sense since the main ..... the division bench of this court was concerned in rahimbhai karimbhai's case : [1974]97itr660(guj) , with the validity of section 271(1)(c) of the income-tax act, 1961, on the ground of its being violative of article 14 of the constitution inasmuch as the extent of the guilt and the extent of the penalty were not co- ..... and subsequent assessment years in general for compelling, bona fide and just reasons would also expose themselves not only to penalty under section 271b of the income-tax act, 1961, which penalty is again related to the total sales turnover or gross receipts subject to a maximum sum of rs. 1,00,000 but also their .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1481; [1995]212ITR255(Guj)
..... the submissions of learned counsel mr. kaji appear to have been based upon the conjoint reading of certain statutory provisions finding their place in the income-tax act, 1961, and the wealth-tax act, 1957. the thrust of the arguments to be advanced by learned counsel, mr. kaji, is that the amount recovered or the value of the ..... made available to the court below would not show prima facie case of any wilful attempt to evade income-tax or wealth-tax within the meaning of section 276c of the income-tax act, 1961; or under section 35a of the wealth-tax act, 1957, respectively, and that, regard being had to all these; the learned metropolitan magistrate was perfectly ..... the accused was made out which if unrebutted would warrant his conviction. lastly upon a re-reading of the relevant provisions of the income-tax act, 1961, and the wealth-tax act, 1957, learned counsel would urge that, the material adduced before the trial court unerringly demonstrates the wilful attempt on the part of the assessees .....
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