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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : [1974]94ITR616(Bom)
..... dismissed the appeal on march 9, 1970. thereafter, the assessee seems to have made an application for reference to the high court under section 256(1) of the income-tax act, 1961, in regard to certain questions of law referred in paragraphs 21 of the tribunal's order, but that application was rejected by the tribunal on february 10, 1971. ..... years' rigorous imprisonment. the petitioner has stated that the alternate remedy which was open to him, that is to say, an application under section 256(2) of the income-tax act, 1961, was onerous in so far as he was required to pay a court-fee of rs. 7,500. now, it has been suggested by mr. hajarnavis for ..... hajarnavis for the revenue that he present writ petition was no maintainable by reason of the alternate remedy being available to the petitioner under section 256(2) of the income-tax act, 1961, which he had, without sufficient cause, not availed of. i shall deal with this contention at the appropriate time. 41. i will now consider the crucial point .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
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