Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xiv procedure for assessment Court: income tax appellate tribunal itat delhi Page 1 of about 99 results (0.136 seconds)

Jt. Cit Vs. Sarvodaya Hospital

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)91TTJ(Delhi)45

..... of the hospital building is totally beyond the purview of the special procedure laid down for search cases under chapter xiv-b of the income tax act, 1962 under section 158b of the income tax act, 1961. the department had not come to any specific evidence during the search proceeding which would indicate in any manner as to the undisclosed investment ..... matter of regular assessment only. the consideration thereof again in block assessment was outside the scope of undisclosed income within the meaning of section 158b(b) of the income tax act, 1961. block assessment under chapter xiv-b of the income tax act, 1961 is not intended to be a substitute for a regular assessment. its scope and ambit is limited in ..... by the v.0. but ignored by the a .0. for the reasons best known to her despite assessee's petition under section 154 of the income tax act, 1961 having been filed as per her own admission and which is pending at least till the date of the counter comments submitted by her in her letter .....

Shri Manoj Aggarwal, Bemco Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... inter laced and inter twined and both form part and parcel of the same chapter.117. in the back drop of this analysis of chapter xivb of the income tax act, 1961, we shall advert to the submissions made by the rival parties before us and in this context we may refer to the written submissions made before the first appellate ..... 2b and be delivered in this office within 15 days of service of this notice duly verified and signed in accordance with the provisions of section 140 of the income tax act, 1961.99. it will be seen from the said notice that it is issued to bishan chand mukesh kumar as a firm directing the said firm to file a ..... the assessment years 1991-92 to 2001-02, passed on 31.12.2004 under section 158bc of the income-tax act, 1961 by deputy commissioner of income-tax (central) circle-ill, new delhi. 1. letter of sh. sunil kapoor dated 18.02.03 filed before income tax dept. stating that the statements recorded by ddm-investigation wing, amritsar were not correct and were recorded .....

Dynamik Universal Ltd. Vs. Dy Cit Central Circle 18

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)4SOT825(Delhi)

..... view in the case of priya blue industries p. ltd. (supra) wherein it is observed as under "initiation of proceedings under section 158bd of the income tax act, 1961, against another person is not a separate and independent proceeding for which a separate jurisdictional fact has to be established. the proceedings under section 158bd against ..... "suggests" that there was part receipt in cash, which is not accounted for any where.hence, case is picked up under section 158bd of the income tax act, 1961. issue necessary notice.' 4.12 thus, in my considered opinion, the assessing officer has fully complied with the provisions of section 158bd and cannot be said ..... with section 158bc has duly recorded his reasons for initiating assessment proceedings under section 158bd as under:- 'during search & seizure operation under section 132 of the income tax act, 1961 conducted at mr. d.n. taneja group of companies, it was found that m/s. dynamic universal ltd. is also a company promoted by taneja family .....

Shri M.S. Aggarwal Vs. D.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... notice relevant facts having a bearing on the points in issue involved before us. search and seizure operations were conducted by the income-tax authorities under section 132 of the income-tax act, 1961 on 25.11.99 at the residence as well as business premises of the assessee resulting in seizure of documents and records.the ..... the search & seizure under section 132 is illegal, void ab initio and was without compliance of the various provisions stipulated under section 132 of the income tax act, 1961. 4. that the principles of natural justice were violated while conducting the search, recording the statement under section 131 in post search investigation and while ..... passing the order under section 158bc of the income tax act, 1961. 5. that the post search statement recorded by the deputy director of income tax (investigation) being illegal void ab initio, the addition made on the basis of such statement can't be .....

Smt. Krishna Verma Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)107ITD1(Delhi)

..... . he further submitted that the provisions of section 158ba are akin to the provisions of section 4 of the it act. section 4 provides that where a central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with and subject to the provisions ..... be other circumstances where the return of income may not in accordance with the mandatory provisions of act, for example it is not signed and verified by the assessee, and in such circumstances, such a return would be an invalid one.45. after pointing out the above, he argued that the chapter xiv-b of the it act, 1961 contains a special procedure for assessments .....

Anil Sanghi Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)85ITD73(Delhi)

..... following question and on which apparently there is a divergence of opinion between certain benches of the tribunal:- whether the provisions of section 249(4) of income-tax act, 1961 are applicable in respect of the first appeal before the tribunal under section 253(1)(b) 2. before we proceed to decide the question we find ..... part of the learned departmental representative was that provisions of section 249(4) pertained to "first appeals" to the tribunal as well. in referring to the income-tax act itself the learned departmental representative sought to point out that there were certain independent chapters classified as a, b etc. such as chapter vi, chapter vi-a ..... this stage that the terms "first appellate authority" and "second appellate authority" do not appear anywhere in the income-tax act, but these are terms of common and general use when a reference is made to the cit (appeals) and the tribunal.3. a special procedure for assessment of search cases was evolved by inserting chapter .....

PromaIn Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)281ITR107(Delhi)

..... our attention to the following portion thereof: "in exercise of the powers conferred by sub-section (1) and sub-section (2) of section 120 of the it act, 1961, (43 of 1961) and in supersession of s.o. no. 703(e), dt. 6th sept., 1989, and any order issued by the directors general of it (inv.), so ..... contended that when validity of reopening can be challenged in the reassessment proceedings before the ao even if such reopening was approved by chief cit on being satisfied himself about the escapement of income, there is no reason why validity of initiation of search under section 132(1) cannot be challenged in the block assessment proceedings. ..... assailable before the appellate authority. in the case of reassessment proceedings, the statute itself provides that ao shall record reasons which led him to believe that the income of the assessee had escaped assessment. since this action of ao is inextricably linked with the initiation of assessment proceedings, the same can be assailed before the .....

Assistant Commissioner of Income Vs. R.P. Singh

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)880

..... passed by the ao under section 158bd/143(3) of the it act, 1961 ('the act') was without jurisdiction, bad in law and void ab initio. 1.1. that the cit(a) erred on facts and in law in holding that the ao assumed valid jurisdiction under section 158bd of the act. 1.2. that the cit(a) erred on facts and in law in not appreciating ..... entire material and evidence for the purpose of making an assessment in the case of person searched, shall be in a position to satisfy himself as to whether any undisclosed income belongs to a person other than the person being assessed. thus the date of finalization of assessment under section 158bc of the person put to search is a relevant point ..... passed under section 158bd in assessee's case it is learned that annexs. a-2/14, a-2/17, a-2/47, a-2/48 indicated prima facie concealment of income of sh. r.p. singh. when considered with the statement given by sh. r.p. singh under section 133a the seized material in the case of bagaria group leads to .....

Smt. Tulika Mishra Vs. Jcit, Spl. Range-23

Court : Income Tax Appellate Tribunal ITAT Delhi

..... notice, the assessment order cannot be held to be valid. the observations of the hon'ble high court are as under: clause (b) of section 158bc of the income-tax act, 1961, provides that the provisions of section 142 as well as sub-section (2) and (3) of section 143 shall apply even in the case of a block assessment ..... as no notice under section 143(2) was issued has no legs to stand on. the provision of section 143(2) are essentially procedural in nature. neither the act nor the rules made thereunder anywhere prescribe a format for issuance of the notice. the jurisdiction was lawfully assumed by the assessing officer by duly issuing the questionnaire-cum ..... .3. at the time of hearing the learned counsel for the assessee submitted that preliminary legal issue raised in ground no. 2 should be considered first. the learned cit dr also agreed for considering the preliminary ground first. hence, we have heard the parties on ground no. 2 which is as under: because the mandatory requirement of .....

Kailash Moudgil Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)72ITD97(Delhi)

..... another by commissioner in whose jurisdiction both the itos function, hearing of the assessee before transfer order was passed was not essential. however, section 127 of the income-tax act, 1961, now enjoins an obligation to afford a reasonable opportunity of being heard to the assessee in the matter before transfer of case from one ito to the ..... proposed draft order of assessment of the block period framed by the assessing officer pursuant to enquiry conducted by him as provided in the relevant provisions of the income-tax act, 1961." the bombay bench of the tribunal in ita (ss) no. 85/mum/96 decided on 9th march, 1999 had taken a contrary view. they have ..... 263, while considering the validity of the transfer order made under section 127 of the income-tax act, 1961, considered the meaning of the word 'case' and they held as per the head note at page 256 as follows : "in section 127 of the income-tax act, 1961, the word 'case' is used in a comprehensive sense for pending proceedings as well .....