Court : Gujarat
Reported in : (2001)166CTR(Guj)306
..... writ of certiorari or any other appropriate writ for quashing the notice dated 29-8-2000 (annexure 'a'), under section 158bd of the income tax act, 1961 (hereinafter referred to as the act'), issued by the jt. cit, special range-2, rajkot, the sole respondent herein.2. the facts leading to filing of this petition, briefly stated and as averred ..... bank accounts maintained by shri hemant c. shah in the name of m/s m. dineshkumar & co. which is to be brought go tax, under section 68 of the income tax act as undisclosed income during the block period. 'the respondent has further averred that prime facie on the basis of the facts gathered during the search, which is ..... through bank account maintained by shri mahendra c. shah. the above findings are corroborated by statement of shri mahendra c. shah under section 132(4) of the income tax act wherein he has clearly admitted while answering question nos. 2,10, and 11 that he is in the business of providing cheques against cash.that the petitioner .....
Tag this Judgment!Court : Gujarat
Reported in : [2004]135TAXMAN210(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 20-3-2003 under section 154 of the income tax act, 1961 withdrawing the reduction or waiver of interest granted by the settlement commission under sections 234a, 234b and 234c of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR826
..... of the nature of the proceeding. there the question was whether section 297(2)(g) of the income tax act, 1961, was a valid piece of legislation. the income tax act 1961 came into force on 1st april 1972 and it repealed the indian income tax act, 1922. section 297(2)(g) enacted a saving provision which provided that any proceeding for imposition ..... of penalty in respect of an assessment for the year ending 31st march 1962 or any earlier year, which is completed on or after 1st april 1962 may be initiated and any such penalty may be imposed under the act of 1961 ..... that the same view has been taken by the supreme court in regard to the words 'in the opinion of the income-tax officer' in the proviso to section 13 of the indian income-tax act, 1922. vide commissioner of income-tax v. mcmillan & co. : [1958]33itr182(sc) .42. the petitioners then urged that the word 'thereof in the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj159; (1973)GLR279
..... imprisonment of the defaulter under section 48 could not be regarded as arrest and detention within the meaning of arts. 21 14. therefore, neither the income-tax act nor the madras revenue recovery act were held to violate arts. 14 and 19 or 21 of the constitution. there lordships followed the earlier decision in purshottam govindiji v. b. ..... executed against the petitioner by coercive process under the land revenue code as provided under section 103(b) of the gujarat co-operative societies act. 1961. hereinafter referred to as the act. as warrant of arrest was issued against the petitioner. the petitioner has challenged the said coercive process by attacking the vires of the ..... other acts creating special tribunal and procedure for the expeditious recovery of revenue and state dues were held to be in public interest and that they did not violate article 14. even in the express newspaper's case. : (1961)illj339sc , their lordships had upheld the attack on section 17 on the score of article .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]107ITR447(Guj)
..... apportionment. in our opinion, the only way the scheme can be worked under the income-tax act, 1961, in connection with the incomes forming part of total income on which no income-tax is payable covered by chapter vii, is by adopting the procedure that the income-tax officer has done; otherwise a very curious result is likely to follow if the argument ..... , the principal point was in connection with section 10(2) (iii) or section 10(2) xv) of the act of 1922, now replaced by section 37, or similar other provision of the income-tax act, 1961, and the ratio decidendi which flows from this line of authorities is only to the effect that if an assessee has ..... return the assessee claimed exemption of rs. 89,976 under section 81(1) (a) of the income-tax act, 1961, stating that the said amount represented the gross profits on the sale of agricultural implements, etc., to its members. the income-tax officer did not accept the assessees claim and observed that the provisions contained in section 81(1)(d .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]253ITR33(Guj)
..... of the same assessee, are made by the income tax appellate tribunal, ahmedabad, under section 256(1) of the income tax act, 1961, (hereinafter referred to as 'the act').'whether, on the facts and in the circumstances of the case, the levy of penalty under section 271(1)(a) ..... in order of settlement commission under section 245d(4). application:also to current assessment year.decision:in favour of assessee.income tax act 1961 s.245d in the gujarat high court m.s. shah & d.a. mehta, jj.income tax references nos.59 and 60 of 1988 3 october 2001m.s. shah, j. both these references, at the instance ..... was legal and valid in law ?'in income tax reference no. 60 of 1988, the following question is referred for the opinion .....
Tag this Judgment!Court : Gujarat
Reported in : 181(2003)CLT134
..... ) the assessees being responsible for paying to the non-residents usance interest which was chargeable under the provisions of the it act, 1961, were liable to deduct income-tax thereon under section 195(1) thereof. the tribunal was, therefore, wrong in holding that the usance interest partook the character of purchase price and, therefore, not liable to deduction at ..... term 'interest' under section 2(28a) of the it act, 1961.(2) the assessees who did not deduct tax at source under section 195(1) of the it act, 1961 on the usance interest payable outside india and on which tax had not been paid, are not entitled to deduct the amounts of such usance interest in computing their income chargeable under the head 'profits and gains of business .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)220CTR(Guj)117; [2009]317ITR395(Guj)
..... . ra/1986-87/dit, dt. 26th aug., 1987, directed that no remedial action is necessary in summary cases. the cit being bound by the directions of the cbdt cannot exercise powers under section 263 of the it act, 1961, in the case of a summary assessment.(x) in union of india and anr. v. azadi bachao andolan and anr. ..... of income, in coming to its conclusion that household expenses were understated, matter deserved to be remitted back; however, tax effect being small, reference was not answered.(xv) in cit v. dineshchandra s. shah decided on 9th july, 2008 reported at , this court had an occasion to consider the provisions contained in section 268a of the it act, 1961 while ..... and the supreme court. the circular is binding on the revenue.(vi) in cit v. blaze advertising (delhi) (p) ltd. (2002) 173 ctr (delhi) 482 : (2002) 255 itr 460 , wherein it is held that circulars issued under section 119 of the it act, 1961 stand on a different footing and they are meant for ensuring proper administration of .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)169CTR(Guj)519
..... to the facts in this regard in detail a little later.8. the income tax act, 1961 provides for the machinery in chapter xiv under sections 147 to 153 for the assessment of escaped income in certain circumstances. the fundamental underlying these provisions of the act is to see that the entire income of an assessee assessable in respect of a particular assessment year is subjected to ..... assessment year 1990-91 has escaped assessment within the meaning of section 147 of the income tax act, 1961. the said notice further states that the notice has been issued after obtaining necessary satisfaction of the joint commissioner gr-2, rajkot/central board of direct taxes. it is this notice which is under challenge in this petition.6. the petitioners case in brief is that .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)220CTR(Guj)38; [2009]309ITR174(Guj); [2009]176TAXMAN95(Guj)
..... so deductible or payable under any provision of the act. therefore, the scheme that emerges is that income-tax is chargeable for any assessment year in relation to total income of the previous year and such income-tax is payable by the mode of deduction at source or by the mode of payment in advance ..... the prescribed rates in accordance with and subject to the provisions of the act in respect of the total income of the previous year of every person. sub-section (2) of section 4 of the act lays down that in respect of income chargeable under sub-section (1) income-tax shall be deducted at source or paid in advance, where it is ..... to the extent there is an overcharging of interest;(ii) section 234a of the it act, 1961 (the act) is ultra vires to the extent the said section provides for charging of interest even after the payment of tax;(iii) sections 234a and 234b of the act are ultra vires to the extent both the provisions charge interest for the same period .....
Tag this Judgment!