Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xiv procedure for assessment Sorted by: old Court: mumbai Page 7 of about 391 results (0.107 seconds)

Crest Communication Ltd. Vs. Additional Director of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)106ITD558(Mum.)

..... the case of non-residents, return is required to be filed as per the provisions of section 206 of the income-tax act or rule 37a of the income-tax rules? if it is required to be filed under section 206 of the income-tax act, what would be the period of limitation for filing the tds return? we have carefully perused the relevant provisions of ..... the previous return under rule 37a as such default is not committed with reference to the tds return required to be filed in terms of section 206 of the income-tax act. if it had been the intention of the legislature to bring the defaulter falling under rule 37a within the purview of section 206 it could have made similar reference ..... and the prescribed form for filing of the return regarding tds deducted at source in other cases. in that rule there was no specific reference of section 206 of the income-tax act. after the amendment, rule 37 was splitted in two rules i.e., rule 37 and rule 37a and in rule 37, a specific reference of section 206 is made .....

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 .....

Sk. Muneer Sk. Mannu Choudhary and ors. Vs. Deputy Commissioner of Inc ...

Court : Mumbai

Reported in : 2007(4)BomCR821; (2008)215CTR(Bom)136; [2008]300ITR216(Bom)

..... of brevity and the respondent as 'department').2. a search was conducted by the authorities of the department in accordance with the provisions of section 132 of the income tax act, 1961 (henceforth referred to as the act for the sake of brevity) in the premises of the appellants on 24.9.1998. certain assets, cash, documents and books of accounts were seized from the ..... dabholkar n.v., j.1. all these are appeals under section 260-a of the income tax act, 1961, and since the facts are absolutely similar/identical and the same question of law is raised in all the appeals, those are being considered for disposal by this common judgment. ..... of the supreme court in the matter of central provinces manganese ore co. ltd. (supra) were not applicable to the cases of appellants, because no particular section of the income-tax act was specifically mentioned in relation to the word 'assessment' and, therefore, the said word was given wide meaning by the supreme court so as to include the levy of interest .....

Assistant Commissioner of Income Vs. Asea Brown Boveri Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)11TTJ(Mum.)502

..... that the assessee company stood converted into a private limited company as a going concern and hence there was no income chargeable to tax either under section 41(2) or under section 45 of the it act, 1961. in the agreement of sale, there was no reference to the value of the plant, machinery and dead stock ..... the asst. yr. 1945-46 when capital gains were not chargeable to tax.capital gains were subjected to the charge of income-tax for the first time in india by the income-tax and excess profits tax act (amendment) act, 1947, which inserted, inter alia, section 12b in the it act, 1922 from asst. yr. 1946-47. quite obviously, the provisions analogous ..... to sections 45, 50 and 50b of the present it act were non-existent in asst. yr. 1945-46 or even thereafter till their insertion in the it act of 1961. the .....

Dy. Cit, Range 3(1) Vs. Dwarkaprasad Anil Kumar

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)110ITD247(Mum.)

..... in the writ petition filed by tshl: whether the impugned attachment was in consonance with the provisions of section 226(5) read with the third schedule to the income tax act, 1961, is the issue, which arises for determination in this case. for that purpose, one also has to examine the applicability of section 281 to the facts ..... high court was concerned the same was only and exclusively in respect of the stay for lifting the attachment of the shares under section 281 of the income tax act, 1961. the court had clarified more than once in the body of the judgment that the observations made are confined to the issue relating to attachment of shares ..... appeals) who stated that the said shares were truly investment and not stock-in-trade and hence assessee was not required to pay any tax under section 46(1) of the income tax act, 1961 thereby deleting the said addition. further another thing which needed to be noted was that the course of regular assessment proceedings the assessing officer .....

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 .....

VIn Vish Corporation Pvt. Ltd. Vs. the Asst. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the assessee are as follows: 1. the learned cit(a) erred in rejecting the contention of your appellant that the block assessment ..... cross appeals are directed against the order of the cit(a)-vii at mumbai dated 13.3.2003 and arise out of the assessment completed under section 158 bc(c) r.w.s. 143(3) of the income-tax act 1961.2. the grounds raised in the appeal filed by ..... referred to a similar 16. the gauhati high court in the above case held that - clause (b) of section 158bc of the income-tax act, 196!, provides that the provisions of section 142 as well as sub-section (2) and (3) of section 143 shall apply even ..... assessee.4. shri j.d.mistri, the learned counsel appeared for the assessee and ms.shanta abrol, the learned commissioner of income-tax appeared for the revenue.5. the learned counsel appearing for the assessee, placed his arguments at first on the legal ground raised .....

First Global Stockbroking (P) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)115TTJ(Mum.)173

..... order. it would not be out of place to mention here that the rigorous and strictness of marshaling the evidences as per the evidence act, 1872 are not applicable to income-tax proceedings as discussed in detail under para 14 of the appellate order. it is further seen that such documents have neither been explained during assessment ..... b.a./2003-04/45 dt. 12th june, 2003 in terms of the provisions under section 158bg of the it act, 1961.4. dissatisfied with the additions assessee carried the matter in appeal before learned cit(a). the learned cit(a) again reappreciated the facts and circumstances in detail and deleted the addition of rs. 3,11,31,47 ..... profit of first global stock broking was transferred to the latter. subsequently, on finding incriminating documents, the survey was converted into search under section 132(1) of it act, 1961 on 2nd may, 2001. the documentary evidences found at the office premises of m/s shree bajrang ispat & plywood ltd. establish the fact that they had received .....

Videocon International and ors. Vs. Securities and Exchange Board of I ...

Court : Mumbai

Reported in : (2008)110BOMLR215; 2008BusLR269(Bom); [2009]151CompCas548(Bom); [2008]82SCL460(Bom)

..... support of the prospectivity in operation of the sebi (amendment) act. in the case of commissioner of income tax v. dhadi sahu air 1993 scw 3578 the income tax officer had initiated proceedings for the imposition of penalty under section 27(1)(c) of the income tax act, 1961 and the matter was referred to the inspecting assistant commissioner under section ..... 274(2) of the said act which on the date of reference read as under:notwithstanding anything contained in clause (iii) of sub-section (1) of ..... /1971 by the taxation laws (amendment) act, 1970 and it read as under:notwithstanding anything contained in clause (iii) of sub-section (1) of section 271, if in a case falling under clause (c) of that sub-section, the amount of income (as determined by the income-tax officer on assessment) in respect of which .....

The Commissioner of Wealth Tax Vs. Huf of H.H. Late Shri. J.M. ScIndia

Court : Mumbai

Reported in : (2008)110BOMLR1106; (2008)217CTR(Bom)531; [2008]300ITR193(Bom)

..... tribunal is the correct view. it is further submitted that there was similar omission in procedure for reassessment under section 148 of the income tax act. noting the lacunae, parliament amended section 148 of the income tax act by finance act, 2006 with effect from 1.10.1991. consequently it is submitted that the question as framed would not arise.3. the learned ..... will have to read as applicable to a case of re-assessment under section 17.8. let us now examine sections 143 and 148 of the provisions of the income tax act, where similar language had been employed. under section 143(2)(ii) there is a limitation on the a.o. not to issue notice if the period of twelve ..... of that case, that under the i.t. act, at the material time under section 144(b) of the income tax act if assessment had to be made under section 143 (3) of the act (which corresponds to section 16(3) of the wealth tax act), if the ito proposed to make variation to the returned income, the procedure laid down therein had to be .....