Array
(
    [0] =>  ..... are requisitioned under section 132a in the case of any person, then, the assessing officer shall proceed to assess the undisclosed income in accordance with the provisions of this chapter.'4. chapter xiv-b was inserted in the income-tax act, 1961, by the finance act, 1995, with effect from july 1, 1995. it is an admitted case that the search was conducted in this  ..... p.a. mohammed, j.1. the subject-matter of this writ petition relates to search conducted under section 132 of the income-tax act, 1961. the search was conducted on february 23, 1996. this writ petition has been filed praying for a direction to quash exhibit p-4 notice and all proceedings to complete  ..... case under section 132 of the act and that it was on february 23, 1996. that means chapter xiv-b as it  ..... 
    [1] =>  ..... are requisitioned under s. 132a in the case of any person, then, the ao shall proceed to assess the undisclosed income in accordance with the provisions of this chapter.'chapter xiv-b was inserted in the it act, 1961 by the finance act, 1995 w.e.f. 1st july, 1995. it is an admitted case that the search was conducted in this  ..... apply in the present case. earlier chapter xiv-b was inserted by the direct tax laws (amendment) act, 1987 w.e.f. 1st april, 1989. it dealt with altogether a different subject namely, charge of additional income-tax in certain cases. it was omitted by the direct tax laws (amendment) act, 1989. therefore, what is contained in the present chapter is not a  .....  issue a notice to the person against whom search has been conducted under s. 132 for the purpose of block assessment. the ao, on determination of the undisclosed income of the block period, shall pass an order of assessment within a period of one year from the end of the month in which the last of the authorisations ..... 
    [2] =>  ..... the basis of such assessment.'5. the contention of learned counsel for the revenue is that section 158b contained in chapter xiv-b of the income tax act deals with special procedure for block assessment. learned counsel submitted that in the block assessment, a particular period is fixed and the assessment is made of  ..... of the assessee is that for the periods 1986-87 and 1987-88, since the income was less than the assessable limit, that income cannot be taken into consideration. the tribunal accepted this contention. chapter xiv-b of the income tax act deals with special procedure for assessment of search cases. the block period was the period .....  by the assessee by filing the return of income ?2. the assessee is an individual deriving income from various business activities including a grocery shop, plying of lorries on hire and also income from agricultural properties. the department conducted a search under section 132 of the income tax act in the residential premises of the assessee on  ..... 
    [3] =>  .....  the respondents for quashing ext. p4 notice relating to the assessment year 1993-94 and to command the second respondent to issue notices under section 158bc of the income tax act, 1961 (hereinafter referred to as 'the act') for the block period. the facts of the case are as follows:2. respondent (petitioner in the original petition) is a practising advocate with 20 years of .....  regular assessment. hence, the contention that once an assessment has been formed for a block period under section 158bc of the income tax act, 1961, the income tax officer is debarred from framing an assessment under section 143 cannot be accepted'. in caltradeco steel (p) ltd and ors. v. deputy commissioner of income tax, the calcutta high court held as follows: 'chapter xivb is for assessment of undisclosed ..... 
    [4] =>  .....  : the petitioners' residential premises were searched by a team of officers headed by the second respondent as per the warrant issued under section132 of the income-tax act, 1961, hereinafter referred to as 'the act', on october 27, 1995. the search was provisionally concluded on october 27, 1995, and a panchnama, exhibit p-1, dated october 27, 1995 ..... only on november 10, 1995. the reasons stated for the gap of 14 days is hardly convincing. there is no provision in the criminal procedure code or in the income-tax act or the rules for postponing the search for such a long period. n. subramanian in his book search and seizure stated at page 108 that when once ..... alleged against the petitioners are true there is no violation of the provisions of the act in view of section 54 of the act. without any violation of the income-tax act the respondents have no jurisdiction to invoke section 158bc of the act depriving the petitioners of the right of regular assessment. the division bench of our high ..... 
    [5] =>  .....  (hereinafter referred to as `the act)2. the brief facts leading to the filing of this writ petition are as follows:'the 1st petitioner-firm have undertaken and  ..... income tax act. the 2nd petitioner is one of eight partners of the firm. in this writ petition they have challenged the assessment order, ext. p14, and the notice issued in pursuance of it. they have also sought for declaration that the search and seizure made in their local office is violative of the provisions contained in section 132(1) of the income tax act, 1961 ..... original petition is the only remedy. she submits that petitioners will not be in a position to successfully canvass the interpretation of the provisions of the income tax act before the department. hence, without going into the other aspects raised in the original petition, learned senior counsel confined her case on two of  ..... 
    [6] => p. shanmugam, j. 1. the petitioner is an assessee under the income-tax act, 1961. a notice issued under section 158bd of the act by the assistant commissioner of income-tax, investigation circle, kottayam, is challenged in this writ petition.2. learned senior counsel, mr. ramachandran, made two submissions. according to him, the third respondent .....  of the said family had become final, if the income-tax officer was permitted to assess the hindu undivided family for the same assessment year, tax would be imposed on the same income twice over. it is true that the act does not envisage taxation of the same income twice over 'on one passage of money in the  .....  if the assessment proceedings initiated under section 34 of the act culminate in the assessment of the hindu undivided family, appropriate adjustments have to be made by the income-tax officer in respect of the tax realised by the revenue in respect of that part of the income of the family assessed on the individuals of the said family ..... 
    [7] =>  ..... u.l. bhat, j. 1. at the instance of the revenue, the income-tax tribunal has referred to this court under section 256(1) of the income-tax act, 1961 (for short 'the act'), the following four questions of law as arising out of the order dated march 28, 1981, passed by the tribunal in ita  ..... registrar will be sent to the appellate tribunal as required by sub-section (1) of section 260 of the income-tax act, 1961.  ..... of the supreme court in aggarwal chamber of commerce ltd. v. ganpat rai hira lal : [1958]33itr245(sc) , the orderunder section 201 of the income-tax act is invalid and without jurisdiction 2. whether, on the facts and in the circumstances of the case, the employee (mr. mclean) is entitled to  ..... exemption under section 10(6)(i)(a) of the income-tax act 3. whether, on the facts and in the circumstances of the case, the order passed under section 201 of the income-tax act is barred by limitation 4. whether, on the facts and in the circumstances of the ..... 
    [8] =>  ..... .'therefore, the action of the department in seizing the jewels which represented undisclosed investment cannot be held to be illegal.8. chapter xiv-b of the income-tax act provides for special procedure for assessment of search cases. section 158be sets out time limit forcompletion of procedure for assessment. there is no assessment done. they ..... money-lending business. they have filed the above original petition challenging the order of the first respondent, authorised officer passed under section 132(1) of the income-tax act. they also prayed for a direction to return the gold ornaments and other articles seized under exhibit p-2 order.4. a search was conducted at  .....  have only given the approximate value of the jewellery seized.9. learned standing counsel for the income-tax department while opposing the release of the goods referred to the instructions furnished to him. according to him, the firm was doing money-lending on the  ..... 
    [9] =>  .....  1967-68 to 1971-72 :'1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the interest on the excess amount of advance tax payable to the assessee under section 214 of the income-tax act, 1961, up to the date of the regular assessment can be enhanced consequent on the reduction of ..... , on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the order passed by the income-tax officer on the assessees petition dated august 2, 1973, is an order under section 154 and not an order under section 214 of the income-tax act, 1961, and hence an appeal will lie before the appellate assistant commissioner ..... 
    [10] =>  ..... . there are seventeen accused of which the firm is the first accused. offences alleged against the accused are those under sections 277 and 278 of the income-tax act, 1961 (for short 'the act'), besides offences under sections 120b, 193, 196, 420 and 109 of the indian penal code, 1860. almost a decade after the institution of the  .....  made at the instance of the revenue under section 256(1) of the act.3. the complaint was filed by the income-tax officer, special circle, as early as september 29, 1975. even penalty proceedings under section 271(1)(c) of the act were not completed by the inspecting assistant commissioner on the date when the complaint .....  person shall be proceeded against for certain offences (including offence under section 277) under the act 'except at the instance of the commissioner'. so the complainant has stated in paragraph 13 of the complaint that the commissioner of income-tax, kerala ii, has authorised the complainant to file the complaint. a copy of the authorisation ..... 
    [11] =>  ..... carrying on the business of money-lending. in the assessment years 1995-96 and, 1996-97, the petitioner filed the return under section 139 of the income-tax act showing loss for the four years. while the assessment is being processed the first respondent passed an order on december 20, 1996, under section 131(3) of the .....  income-tax act to conduct a survey under section 133a of the income-tax act in the premises of the petitioner and impounded the books as per exhibit-p-2 order. the commissioner of income-tax by exhibit-p-3 order impounded the books of account and issued further orders to ..... assessment in such cases simple and effective would become unwieldy and protracted.6. the decision cited by learned counsel for the petitioner reported in kelappan nair v. payingaten [1961] klt 527, held that the explanation does not explain or add to the scope of the original section. the explanation in this case is inserted probably in the ..... 
    [12] =>  ..... commenced subsequently for which purpose seals were placed on the entire place/on almirah in the bedroom in our presence.an order under section 132(3) of the income tax act, 1961 in respect of the sealed premises almirah in the bedroom was served on sri c. balakrishnan nair by the said authorised officer.'an order under the second  ..... -1995, ext. p3 panchnama dated 10- 11- 1995 and to quash the notices exts. p6(a) and p6(b) issued under section 158bc of the income tax act, 1961 and also for a writ of mandamus to the first respondent not to allow the second respondent to deal with the assessees and for a direction to the ..... exts. p6(a) and p6(b) notices under section 158bc of the income tax act, 1961 by which the writ petitioners were directed to prepare true and correct return of their total income including the undisclosed income assessable for the block period mentioned in section 158b(a) of the income tax act. writ petitioners had filed returns under section 158bc on 13-6-1996. chapter ..... 
    [13] =>  ..... petitioners are entitled to contend that they did not make a false statement or delivered a false statement or account as contemplated under section 277 of the income tax act. when the order cancelling of the levy of penalty is applicable to proceeding under section 276 as expressly held in k.c. builder's case,  ..... rs. 1,65,000 shown as credits were not genuine credits and therefore, petitioners committed offences both under sections 276c(1)(ii) and 277(ii) of income tax act, they were convicted and sentenced accordingly. petitioner challenged it in crl.a.105/92. learned additional sessions judge after analysing and reappraising the evidence confirmed the  ..... of rs. 7,500 and in default rigorous imprisonment for one month each for each of the offences under sections 276c(1)(ii) and 277(ii) of income tax act. petitioners challenged the conviction and sentence before sessions court, ernakularn in crl. a. 105/92. the learned additional sessions judge confirmed the conviction and sentence and ..... 
    [14] =>  .....  on record, it is clear that the assessee has been made liable for the tax that could be levied on the non-resident assessee, by invoking the provisions contained in chapter xv of the income-tax act, 1961 (act 43 of 1961), for short, the 'income-tax act'. the sections in this chapter which are relevant for the purpose of disposing of the .....  (considerations discernible from the above observations of chagla c.j.) must apply in the interpretation of section 161(2) of the income-tax act, 1961. sub-section (2) of section 161 merely enacts that when income is assessed in the hands of a representative assessee in his own name, the assessment shall be deemed to be made upon  .....  the assessment year is invalid under law ? 2. whether, on the facts and in the circumstances of the case, the order of the income-tax officer under section 163 of the income-tax act, 1961, and the regular assessment on the agent for the assessment year 1968-69 are invalid under law ?' 2. facts relevant and requisite for the ..... 
    [15] =>  .....  have heard counsel for the parties in these references and in all these references the question with regard to the deduction under section 35b of the income-tax act, 1961, is common, whereas in income-tax references nos. 227 and 228 additionally three questions are referred for our answer. thus, this judgment would consider all these questions for the sake of .....  connection in regard thereto or also incidental in regard thereto.15. in the context of the question to be answered, the provisions of section 35b of the income-tax act, 1961, as in force during the period of the assessment years (1978-79 and 1979-80). in regard to these, reference is placed before us in a typed .....  the export credit guarantee corporation paid to them (sic) is certainly eligible for weighted deduction under sub-clause (ii) of section 35b (1)(b) of the income-tax act would be eligible with the consequent answer in the affirmative, i.e., against the revenue and in favour of the assessee.6. with regard to question no.  ..... 
    [16] =>  ..... and that, therefore, the assessment cannot be made on a dissolved firm for the year 1974-75. but the income-tax officer, overruling the objection, assessed the firm under section 189(1) read with section 41(1) of the income-tax act, 1961.3. on appeal, the appellate assistant commissioner took the view that neither section 41(1) nor section 189(1) .....  is applicable as the firm was not in existence during the relevant year. the department went in second appeal before the tribunal and the tribunal took the view that the income-tax officer was justified ..... the purpose of obtaining the refund as well as for assessment by virtue of sections 41 and 189 of the income-tax act read with section 47 of the indian partnership act, 1932.5. section 47 of the partnership act says that on the dissolution of a firm, the authority of each partner to bind the firm and the  ..... 
    [17] =>  .....  1975-76. the respondent is an assessee to income-tax. for the assessment years 1973-74 and 1974-75, the income-tax officer initiated proceedings under section 271(1)(c) of the income-tax act, 1961, for alleged concealment of the particulars of income. for the assessment year 1975-76, the income-tax officer initiated proceedings under section 271(1)(c) of the act for late filing of the return and under .....  section 271(1)(c) of the act for concealment of the particulars of ..... 
    [18] =>  ..... after taking into account the amount of depreciation and it has to be so read and understood in the context of section 115j of the income-tax act, 1961. we do not agree with the view taken by the high court that in case there is profit in a year but after adjustment ..... taken by the high court would partially defeat the object sought to be achieved by section 115j of the income-tax act, 1961. we also do not agree with the high court saying that having lifted section 205(1), proviso clause (b), from the companies ..... p.k. balasubramanyan, j.1. these references under section 256(1) of the income-tax act, 1961, relate to the assessment years 1988-89 and 1989-90. i. t. r. nos. 245 and 259 of 1999 relate  ..... the appeals.9. the revenue sought reference of the question relating to the mode of determination of depreciation by invoking section 256(1) of the income-tax act. the tribunal, at the instance of the revenue, referred the following question for decision by this court :'whether, on the facts and in  ..... 
    [19] =>  .....  this connection, the contention of the assessee that this amount representing the interest for the broken periods has to be understood as a deductible expenditure under section 18 of the income-tax act, 1961, was rejected. in the assessment order, it is observed, relying on the decision referred to therein that if an assessee purchases securities of the description mentioned in section 18 from .....  section is also well-founded and sustainable.4. in the context of the situation under consideration, the income-tax officer continued to draw upon the above decision of the apex court to observe that the words to be found in sections 6, 8 and 10 of the act have to be read so as to give effect to find out the relationship between ..... 
    [20] =>  ..... has referred the following question of law for the decision of this court under section 256(1) of the income-tax act, 1961 :'whether, notwithstanding the omission of section 274(2) of the income-tax act, 1961, by section 65 of the taxation laws (amendment) act, 1975, with effect from april 1, 1976, the inspecting assistant commissioner had jurisdiction to levy penalty under .....  section 271(1)(c) for the assessment year 1973-74? 'the assessee is a registered firm. the firm disclosed an income of rs. 2,39 ..... a vested right of action but not a vested right of forum.'as noticed earlier in this judgment, section 271(1) of the income-tax act confers jurisdiction on the income-tax officer to impose penalty on satisfaction of the conditions mentioned in sub-clauses (a), (b) or (c). section 274(2) of the ..... 
    [21] =>  .....  an assessee from the transfer of a capital asset, and not on the basis of its fair market value. neither the income-tax act, 1961, nor the general clauses act defines 'gift'. section 47(iii) of the income-tax act, 1961, provides that nothing contained in section 45 shall apply to any transfer of a capital asset under a gift. according to the ..... 1 s.c.r. 10 (s.c.). in that case, their lordships upheld the decision of the high court quashing the notices issued by the income-tax officer under section 147 of the income-tax act, 1961, requiring the assessee to show cause why certain assessments made against the assessee should not be reopened, on the ground that, on the materials on ..... subramania iyer v. i.t.o. [1968] 68 i.t.r. 863 (ker.). in that case, i quashed a notice issued by the income-tax officer under section 147 of the income-tax act, 1961, holding that the proposed proceeding was time-barred. the division bench held that the writ petition should not have been entertained, as this was a  ..... 
)