Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xiv procedure for assessment Court: mumbai Page 5 of about 391 results (0.209 seconds)

Shri Kiran Nagji Nisar Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)300ITR286(Mum.)

..... of issuing the notice and to redo the assessment. the purpose of the i.t. act being to determine the tax payable by every taxpayer, it prescribes various procedures to be followed by the tax collector and one such procedure is the determination of the total income. this in turn contains several related procedures, one of which, is the issuing of the ..... assessment. the aac was right in merely setting aside the assessment.15. in the above case, their lordships were dealing with section 23 (2) of 1922 act, which is in para meteria with section 143 (2) of the 1961 act. therefore, the ratio laid down in the above judgment would be fully applicable to the present case.rattan lal tiku v ..... . cit (supra) 7. coming now to the third question as to the validity of the order passed by the aac, we do not find any ground to differ .....

Commissioner of Income Tax Vs. Dr. M.K.E. Memon

Court : Mumbai

Reported in : [2000]112TAXMAN96(Bom)

..... 4-5-1999 for the block period 1-4-1986 to 11-12-1996 under chapter xiv-b of the income tax act, 1961 (hereinafter referred to as 'the act').4. the assessee is a doctor by profession. his main source of income has been by way of medical examination and fees charged for issuing medical fitness certificates for candidates going to ..... agree with the contention of the department that this estimation involves guess work. however, the assessing officer under chapter xiv-b cannot act arbitrarily, while estimating the undisclosed income. in the present case, the assessing officer has not considered the adverse impact of the gulf war. in the present matter the assessing officer has not ..... fees reflected in the cash book. during the course of search operations, he made a declaration of undisclosed income of rs. 60 lakhs. in the return filed in reply to notice under section 158bc of the act, he offered the undisclosed income of rs. 75.60 lakhs which comprised of rs. 13.80 lakhs for the period up to .....

Dy. Cit, Range-3(3) Vs. Stnita Conductors Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... assessee in relation to income which does not form part of the total income under the income tax act. 25.3 vide circular no. 11/2001 dated 23-7-2001, a ..... be allowed only to the extent they are relatable to the earning of taxable income. 25.2 through finance act, 2001, a new section 14a has been inserted so as to clarify the intention of the legislature since the inception of the income tax act, 1961, that no deduction shall be made in respect of any expenditure incurred by the ..... on the facts and in the circumstances of the case and in law, the ld. commissioner (appeals) has erred in deleting the disallowance made under section 14a of the income tax act of proportionate administrative expenses, amounting to rs. 10,000. (b) on the facts and in the circumstances of the case and in law, the ld. commissioner (appeals .....

Bibi Batool and ors. Vs. the Principal Judge, City Civil Court, Bombay ...

Court : Mumbai

Reported in : AIR1972Bom254; (1972)74BOMLR22

..... decided that the special procedure in that case would be more drastic if it was substantially different and more prejudicial than the procedure under the indian income - tax act. that decision is also useful as showing that for assessing whether a special procedure is more drastic than the ordinary procedure or not. the supreme ..... states 'that is no such thing as res judicata in income - tax matters'. now mr. sorabji is right in a sense in relying upon this observation. it should, however be read in the context of the facts of the case in which it is made. it was a matter under the indian income - tax act ..... relates to a position under the industrial disputes act and what we have just stated in connection with the remington rand case equally applies to these two cases.37.mr. sorabji also relied upon the judgment of the supreme court in visheshwara singh v. commr. of income - tax, : [1961]41itr685(sc) . the judgment in that case .....

K. Subramanian Vs. Siemens India Ltd.

Court : Mumbai

Reported in : (1988)67CTR(Bom)221; [1988]173ITR136(Bom)

..... ) deduction of a sum of rs. 1,26,29,182, being the amount of deductions to be made under chapter vi-a of the income-tax act, 1961 ('the 1961 act'), in computing the total income to which, according to the company, they were entitled under rule 4 of the second schedule to the companies (profits) surtax ..... of provisional assessment under section 7, the powers of the income-tax officer were not different from those exercised by the income-tax officer while passing a provisional assessment under section 141 of the 1961 act. the learned single judge then examined as to whether the deductions made by the income-tax officer in the order of provisional assessment were justified, ..... in error in importing the provisions of section 141 of the 1961 act while considering the ambit and scope of the section 7 of the 1964 act. it is not possible to accept the submission of learned counsel. section 141 of the 1961 act confers power on the income-tax officer after the receipt of the return filed under section .....

Kukreja Agencies Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : [1993]202ITR257(Bom)

..... , on the facts and in the circumstances of the case, it was legal to make a single assessment aggregating the income for both the periods, in view of section 187 of the income-tax act, 1961, and the tax charged on such aggregate income as a whole ?' 2. the facts of the case are brief. the assessee is a partnership firm. the assessment ..... at page 778 (of 169 itr) : 'the full bench of the madhya pradesh high court in girdharilal nannelal v. cit : [1984]147itr529(mp) , held that any matter for which a provision was made in the income-tax act, 1961, was to be governed by it, notwithstanding anything different or to the contrary contained in the general law relating to that ..... of the original firm on july 31, 1975, and reconstitution of a new firm thereafter. 3. the income-tax officer did not accept this contention of the assessee in view of sub-section (2) of section 187 of the income-tax act, 1961. according to him, it was a case of mere change in the constitution of the firm. he, therefore .....

Akruti Nirman Pvt. Ltd. and anr. Vs. Brihanmumbai Mahanagar Palika and ...

Court : Mumbai

Reported in : 2005(3)ALLMR601; 2005(4)BomCR32; 2005(3)MhLj684

..... purchased or occupied on or after the 1st day of april, 1947 as part of a recognized scheme of subsidised housing for industrial workers or persons belonging to lower income groups or poorer classes, and in the explanation it is stated that '...recognized scheme of subsidises housing for industrial workers.... shall mean such scheme as may be ..... the question involved in that appeal was whether the primary liability is imposed upon the appellant i.e. national and grindlays bank ltd. under the mmc act to pay property taxes to the municipal corporation of greater bombay in respect of the land owned by the appellant and let on a monthly basis to a third party who ..... have been driven to this option due to compelling circumstances as they were thrown out of the formal housing sector, the latter being unavoidable and much beyond their income levels. it is imperative to enhance their standard of living and for which an authorised dwelling unit is a first step in the right direction. this, in .....

Indian Oil Corporation Ltd Vs. the Nagpur Municipal Corporation

Court : Mumbai

..... by petitioner and hence, remedy before this court is the only remedy available in law. learned senior counsel made a reference to mysore breweries ltd vs. commissioner of income tax civil, petition no. 129 of 1981 decided by karnataka high court on 10/06/1982 reported in (1987) 64 ctr (kar) 288 to canvass the proposition ..... assessment list there is subject to result of appeal & revision under s. 169 or s. 171 thereof. these enactments have thus basically a different scheme than cnc act. cnc act divides the adjudication after "imposition" in two classes & regulates it depending precisely upon the stage at which "cause" arises. we therefore do not find it necessary ..... remedy of filing appeal before jmfc under s. 164 as already noticed above. scope of appellate remedy under s. 164 of cnc act, whether in property tax case or octroi duty or any other tax, remains same. division bench of this court in indian bank vs. nagpur municipal corporation-(supra) was not called upon to examine availability .....

Arora Fibres Ltd. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2010(1)BomCR505

..... of any officer of customs or central excise officer as the case may be under the customs act or central excise act in relation to the case.9. the income tax act has also similar provisions in the matter of settlement. a similar provision under that act had come up for interpretation in c.i.t. v. anjum h. ghaswala and ors. ..... is what the court observed:13. the commission's power of settlement has to be exercised in accordance with the provisions of the act. though the commission has sufficient elbowroom in assessing the income of the applicant and it cannot make any order with a term of settlement which would be in conflict with the mandatory provisions of ..... the act like in the quantum and payment of tax and the interest. the object of the legislature, as noted by the constitution bench, in .....

First Income-tax Officer Vs. South India Corpn. (A) Ltd.

Court : Mumbai

Reported in : [1995]55ITD1(Mum)

..... took up the matter in appeal before the commissioner (a) contending that the ito was not justified in reopening the assessment under section 147(b) of the income-tax act, 1961. at the time of hearing before the learned commissioner (appeals) the various grounds raised in the grounds of appeal as per the memo of appeal filed before ..... sake of convenience.2. the assessees are non-resident shipping companies assessed by the ito in the status of tramp ships under section 172(4) of the income-tax act, 1961. in the original assessment, the ito adopted the rate of exchange per u.s. dollar on the basis of the telegraphic transfer as certified by the local ..... and hence the re-assessment proceedings become invalid. he, accordingly set aside the re-assessment proceedings and restored the original order under section 172(4) of the income-tax act. in doing so, the learned commissioner (appeals) did not deal with other grounds raised before him. the revenue is aggrieved and has come up in appeal before .....