Court : Kolkata
..... commission u/s 245d(4) dated 14.03.2012 mistake apparent from record request to rectify the same u/s 245d(6b) of the income tax act, 1961 the opening sentence of the next page of the said application says that the order passed by the dcit while giving effect to the order of the settlement ..... court in civil appeal no.516-527 of 2004 dated 21.10.2010 in the case of brij lal & ors.versus cit, jalandhar (328 itr477. 46. regarding granting of immunity from penalty and prosecution under various sections of the income tax act, 1961, the same is granted so far as the same relates to issues dealt with in this order of settlement. 47. ..... an order dated 30th august, 2012 passed by the settlement commission under section 154 and section 245d(6b) of the income tax act, 1961. an application was made by the private respondent before the settlement commission under section 245c of the said act pertaining to assessment years 2004-05 to 2011-12. it is not in dispute that the application was entertained by .....
Tag this Judgment!Court : Delhi
..... delhi under the provisions of chapter xix-a of the said act on 12.12.2011. thereafter, on 22.12.2011 ..... is whether the income tax settlement commission has the power to direct a special audit under section 142 (2a) in exercise of its power vested in section 245f of the income tax act, 1961 (hereinafter referred to as the said act ?)? 2. petitioner nos. 1 to 7 filed a settlement application before the income tax settlement commission, new ..... that merely because section 245f confers powers on the settlement commission which are vested in an income tax authority, does not mean that all the powers of an income tax authority under the said act vest in the income tax settlement commission. it was submitted that the powers conferred under section 245f ought to be construed .....
Tag this Judgment!Court : Mumbai
..... granted, this court will have to declare the proceedings initiated under chapter xx-c of the income tax act 1961 illegal which in my view, is clearly barred under section 269un and 293 of the income tax act 1961. section 269un of the income tax act 1961 clearly provides that any order made under sub-section (1)of section 269 ud or under ..... order under section 269ud and setting aside of the proceedings under section xx-c which is barred under section 269um and 293 of the income tax act, 1961. 37. the relevant provisions of income tax act, 1961 are reproduced below: 269ud(1) : the appropriate authority, after the receipt of the statement under sub-section (3) of section ..... the appropriate authority under section 269ud or in any event is questioning the proceedings taken by the appropriate authority under section xx-c of the income tax act, 1961 which is clearly barred. learned asg submitted that by virtue of prayer for declaration for abrogation of order, plaintiff seeks setting aside of such .....
Tag this Judgment!Court : Mumbai
..... granted, this court will have to declare the proceedings initiated under chapter xx-c of the income tax act 1961 illegal which in my view, is clearly barred under section 269un and 293 of the income tax act 1961. section 269un of the income tax act 1961 clearly provides that any order made under sub-section (1)of section 269 ud or under ..... order under section 269ud and setting aside of the proceedings under section xx-c which is barred under section 269um and 293 of the income tax act, 1961. 37. the relevant provisions of income tax act, 1961 are reproduced below: 269ud(1) : the appropriate authority, after the receipt of the statement under sub-section (3) of section ..... the appropriate authority under section 269ud or in any event is questioning the proceedings taken by the appropriate authority under section xx-c of the income tax act, 1961 which is clearly barred. learned asg submitted that by virtue of prayer for declaration for abrogation of order, plaintiff seeks setting aside of such .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT IT
..... 21, 1993, for the consideration of the special bench. this was : whether the application for settlement under section 245c(1) of the income-tax act, 1961, must contain some disclosure of additional income for 'each and every assessment year comprised in the petition when the petition is for several assessment years.four of the cases where this issue ..... the complexity of the investigation involved therein." 25. it is obvious from the foregoing that the purpose of the introduction of chapter xix-a in the income-tax act for the settlement of cases was only to have a statutory basis for settlement which at times becomes necessary because of the nature and circumstances of the ..... itr 551. according to him, the gujarat high court had opined that for the purpose of section 16(3) of the indian income-tax act, 1922, which corresponded to section 64 of the present act, income would not include losses.6. shri aggarwal then submitted that it was enough if for some of the years covered in the application .....
Tag this Judgment!Court : Delhi
..... similar dictum was recorded in kuldeep industrial corporation (supra). these decisions, however, concern section 245d of the income tax act, 1961. under the income tax act, as the supreme court has noted, the application must be made before particulars of the income that has escaped assessment have been gathered by the revenue, or before an investigation has been conducted, or ..... , air1991sc3631 those two decisions of the supreme court, however, deal with the authority of the settlement commission under section 245d of the income tax act, 1961. the passage of express newspapers (supra) relied on by the single judge of the madras high court is as follows: 19. the ..... as clearly indicated in the object when the amendment was introduced, and to resolve all the disputes. relying on the similar provisions provided under the income. tax act, the parliament felt it necessary to introduce such a remedial measure by way of a settlement commission and accordingly chapter xiv-a was provided. another .....
Tag this Judgment!Court : Kerala
Reported in : [2005]279ITR363(Ker); 2005(4)KLT831
..... including two slips showing unaccounted sales. on the basis of the said slips, the assessing officer under the income-tax act inferred an average daily unaccounted sale at rs. 1,50, ..... and an assessee under the kerala general sales tax act, 1963, hereinafter, the 'kgst act', for short, and the residence of its managing partner, were searched on november 20, 1990, by the competent authorities under section 132(1) of the income-tax act, 1961, for short, the 'it act', resulting in the seizure of certain documents, ..... repelled because the provision of section 245-i in chapter xix-a of the income-tax act, is predominantly relatable to collection and enforcement under the income-tax act and the fields covered by the kgst act and the income-tax act are referable to their respective distinct and exclusive legislative heads under the state list and .....
Tag this Judgment!Court : Delhi
..... reads as under: "in exercise of the powers conferred under clause (a) of sub-section (2) of section 119 of the income-tax act, 1961, the central board of direct taxes hereby direct that the chief commissioner of income-tax and director-general of income-tax may reduce or waive interest charged under section 234a or section 234b or section 234c of the ..... , the petitioner filed his return on 4th october, 2002 declaring total taxable income of rs. 6,76,660/- after claiming deduction of rs.6,34,503/- under section 80 hhc of the income-tax act, 1961 (act, for short). 2. proceedings under section 147 of the act were initiated by issue of notice dated 5th july, 2004 as it was ..... act in the classes of cases or classes of income specified in paragraph 2 of this order for the period and to the extent the chief commissioner of income-tax /director general of income-tax deem fit. however, no reduction or waiver of such interest shall .....
Tag this Judgment!Court : Supreme Court of India
..... representation, ventilation or any grievance from any member of the appellant association in respect of the existing guidelines which deals with section 44 a(b) of the income tax act, 1961. mr. poddar further submitted that in case, the appellant receives any representation against such existing guidelines, the highest body of the appellant will consider it and ..... nature of certiorari or any other appropriate writ, order or direction and quash and set aside chapter vi of ext p2, which deals with tax audit assignments under section 44ab of the income tax act 1961. (c) to call for records leading to exhibit p3, exhibit p7 and exhibit p9 and issue a writ in the nature of ..... the guidelines dated 08.08.2008, he shall be deemed to be guilty of professional misconduct under the 1949 act. clause 6 is extracted as under: chapter vi tax audit assignments under section 44ab of the income-tax act, 1961 6.0 a member of the institute in practice shall not accept, in a financial year, more than the .....
Tag this Judgment!Court : Karnataka
Reported in : (2005)198CTR(Kar)450
..... 2000 passed by the settlement commission functioning under chapter xix-a of the it act, 1961 (for short 'the act'), an order which is at an intermediate stage and even during the pendency of the proceedings before the settlement commission, at the instance of the cit, karnataka.2. the impugned order is according to the petitioner not proper or ..... one which virtually seeks to assume jurisdiction by the commission when it could not have done so under the statutory provisions, particularly, under section 245c(1) of the act and, therefore, the need for the ..... the various statutory appellate authorities; the assesses-bank had found it appropriate to invoke the jurisdiction of the settlement commission under chapter xix-a of the act by making an application for settlement of the cases and it is in the context of such application under section 245c(1) that controversy had arisen.4 .....
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