Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xiv procedure for assessment Court: mumbai Page 1 of about 391 results (0.072 seconds)

Commissioner of Income-tax Vs. M.K.E. Memon

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 .....

Mittal Court Premises Co-operative Society Ltd. Vs. Ito

Court : Mumbai

Reported in : [2010]320ITR414(Bom); [2004]140TAXMAN145(Bom)

..... 148. in the present case, notices under section 148 were issued and assessments were made within the limitation laid down in sections 149 and 153 of the income tax act, 1961. we find force in the contention of the revenue that so long as ingredients of section 147 are fulfilled and so long as the assessment is made ..... legal effect of 'intimation' issued under section 143(1)(a) vis-a-vis regular assessment contemplated by sub-section (3) of section 143. chapter xiv of the income tax act, 1961 in which section 143 occurs is captioned as 'procedure of assessment'. the marginal note of section 143 is 'assessment. section 143 provides for two procedures of assessment, ..... patil, the learned senior counsel for the assessee submitted that the assessee society had filed its original return of income on 22-10-1997, which was processed by the assessing officer under section 143(1)(a) of the income tax act, 1961 on 19-6-1998 in pursuance of which 'intimation' under section 143(1)(a) was issued on 19 .....

Devang S. Desai Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)90ITD107(Mum.)

..... it act concerning the assessment provisions under chapter x1vb of the it act, 1.2 the learned dy. cit ought to have strictly followed the procedure for assessment prescribed in chapter xiv-b of the it act and computation of total income ..... grounds are dismissed and ground no. 1 being identical in both the appeals is hereby reproduced as follows : "1.1 the learned dy. cit erred in rejecting the claim of your appellant under section 54f of the it act, 1961, amounting to rs. 63,760, in total disregard to the facts of the case and the relevant provisions of the ..... account the method and the manner laid down in chapter-iv of it act.11. on behalf of the assessee, an argument was also advanced that under bona fide belief the long-term capital gain was not disclosed originally at the time of filing the income-tax return treating the same being exempt under section 54f. according to .....

Star Diamond Tools Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1982)1ITD696(Mum.)

..... interest under section 139(8) of the act and also to initiate penalty proceedings under section 271(1)(a) of the act.2. the relevant facts, in brief, are that the assessee is ..... so, the order of the income tax officer was, therefore, erroneous and prejudicial to revenue. the commissioner was, therefore, within jurisdiction to take action under section 263.1. the assessee has made this appeal against the order of the commissioner passed under section 263 of the income-tax act, 1961 ("the act"), directing the ito to charge ..... they held as under : proceedings of assessment include not only computation of income and tax but various other things which fall within the scheme of chapter xiv of the it act, 1961, which talks of procedure of assessment. when section 271 of the act talks of 'proceedings pending' it includes the proceedings for assessment within the .....

Commissioner of Income Tax Vs. Vinod Danchand Ghodawat

Court : Mumbai

Reported in : (2000)163CTR(Bom)432

..... of sources of investments as required under section 69c of the income tax act, 1961, when for the purposes of assessment order under section 158bc of the income tax act, the income which is disclosed in the income-tax returns has only to be considered as per provisions of section 158bb(1) of the act.'chapter xiv-b of the income tax act, essentially proceeds on the basis that where an investment is made ..... arises for consideration in this appeal is whether the tribunal was right in limiting the scope of determination of undisclosed income under chapter xiv-b of the income tax act, 1961, to the material found during the course of search under section 132 of the act.2. the brief facts giving raise to this appeal are as follows:on 28-9-1995, the premises of the .....

Commissioner of Income-tax Vs. Vinod Danchand Ghodawat

Court : Mumbai

Reported in : [2001]247ITR448(Bom)

..... sources of investments as required under section 69c of the income-tax act, 1961, when for the purposes of assessment order under section 158bc of the income-tax act, the income which is disclosed in the income-tax returns has only to be considered as per the provisions of section 158bb(1) of the act ?' 4. chapter xiv-b of the income-tax act essentially proceeds on the basis that where an investment is ..... arises for consideration in this appeal is whether the tribunal was right in limiting' the scope of determination of undisclosed income under chapter xiv-b of the income-tax act, 1961, to the material found during the course of search under section 132 of the act.2. the brief facts giving rise to this appeal are as follows : on september 28, 1995, the premises of the .....

Mrs. Mudra G. Nanavati Vs. the Dcit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... has referred to a similar expression provided under section 148. 16. the gauhati high court in the above case held that - 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 so ..... to the revenue can be adopted, such futile exercise may be avoided, for ultimately, the view in favour of the assessee might have to be taken. secondly, in income-tax matters, which are governed by an all-india statute, when there is decision of another high court on the interpretation of a statutory provision it would be a wise ..... squarely applicable to the present case, and therefore, the impugned block assessment may be declared as void. 10. the learned commissioner of income-tax, appearing (or the revenue invited our attention to the discussion made by the cit(a) on this point which is available in pages 2 to 8 of his order. she further relied on the decision of .....

Smt. Varsha G. Salunke L/H of Late Vs. the Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)281ITR55(Mum.)

..... keeping services. he is regularly assessed to income-tax. the assessee is following mercantile system of accounting and the said system has been consistently and ..... in the same proportion in which rent, interest on deposit or on security or income in respect of unit or dividend on share is assessable as his income.both the sections viz. 198 and 199, fall within chapter xvii of the income-tax act, 1961 which are titled as "collection and recovery-deduction at source". in other words, ..... assessment year is 1997-98. the appeal is directed against the order passed by the cit(a)-xxxvii at mumbai on 19^th december, 2000. the appeal arises out of the assessment completed under section 143(3) of the income-tax act, 1961.2. the assessee is an individual carrying on the business of providing security and house .....

Smt. Varsha G. Salunke Vs. Dy Cit, Circle 31(1)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)98ITD147(Mum.)

..... learned members are clear. the difference is the result of understanding the exact purpose and intent of the provisions of sections 198 and 199 of the income tax act, 1961.on the method of accounting consistently followed by the assessee for billing, there is absolutely no difference. i, therefore, take up the provisions of sections ..... the method of accounting regularly followed by the assessee as provided in section 145(1) of the income tax act, 1961. in fact, the words "profits and gains" referred to in sections 28 and 29 of the act deal with only commercial profits as understood in the commercial parlance as held by lord halsbury in gresham ..... -2000.the appeal arises out of the assessment completed under section 143(3) of the income tax act, 1961.the assessee is an individual carrying on the business of providing security and housekeeping services. he is regularly assessed to income-tax. the assessee is following mercantile system of accounting and the said system has been consistently .....

Universal Generics (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1989)31ITD369(Mum.)

..... that the tax can be charged under the income-tax act. the income-tax act is a permanent act, whereas the finance act is passed every year and its main purpose is to fix the rates to be charged under the income-tax act for that year. that should be the construction is also made clear by section 55 of the income-tax act, whereunder super-tax shall be ..... authority of law. keeping this constitutional provision in mind, we have to consider the scheme of 1961 act with a view to finding out whether the assessee would be entitled to refund of the entire tax paid by it (whether byway of advance tax, t.d.s., self-assessment, completion of assessment, etc., etc.) on the ground that ..... of the hon'ble courts was not drawn to the scheme and ambit of various sections of the 1961 act like self-assessment (section 140a), assessment for refund (section 141a) as well as the fact that the advance tax and the tax deducted at source, whereunder the authority of law passed by the parliament. he, therefore, urged .....