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Brij Lal and ors. Vs. Commissioner of Income Tax, Jalandhar.

Court : Supreme Court of India

Reported in : (2011)1SCC1

..... for us to cite the relevant provisions of the act and the income tax rules, as they stood at the material time, which are as under: definitions ..... the constitution bench of this court: (i) whether sections 234a, 234b and 234c of the income tax act, 1961 (for short "the act") are at all applicable to proceedings of the settlement commission under chapter xix-a of the act? (ii) whether the settlement commission can reopen its concluded proceedings by having recourse to section 154 ..... the settlement commission could reopen its concluded proceedings by invoking section 154 of the said act so as to levy interest under section 234b, though it was not so done in the original proceedings? relevant provisions of the income tax act, 1961: 4. in order to answer the reframed questions, quoted above, it would be necessary .....

Ajmera Housing Corporation and anr. Vs. Commissioner of Income Tax.

Court : Supreme Court of India

..... 22 writ petitions. by the impugned common judgment, the high court has set aside order dated 29th january, 1999 passed by the income tax settlement commission (for short "the settlement commission") under section 245d(4) of the income tax act, 1961 (for short "the act"), and has remanded all the proceedings back to the settlement commission for a fresh consideration in the light of the observations made ..... to extract the relevant portions of form (no.34b), prescribed for making an application under section 245c(1) of the act:"[form no. 34b][see rules 44c and 44ca]form of application for settlement of cases under section 245c(1) of the income-tax act, 1961......................................................................... ...........................................................................10. particulars of the issues to be settled, nature and circumstances of the case and complexities of the investigation .....

Commissioner of Income Tax Central Vs. Anil Hastkala (P) Ltd. and anr.

Court : Rajasthan

Reported in : (2009)226CTR(Raj)417; [2010]186TAXMAN365(Raj)

..... on or before 01/06/2007 and assailing orders of settlement commission, on the premise that if impugned order of settlement commission under section 245d(4) of income tax act, 1961 (act) is held to be legally unsustainable, in such an eventuality, whether matters are to be remitted back to settlement commission to examine afresh in accordance with ..... applicant and the department, as laid down in section 245d(4) of income tax act, 1961 is not practicable. however, to comply with the directions of the hon'ble high court, we hereby pass an order under section 245d(4) of income tax act, 1961:6. the undisclosed income is settled as under:1.parkash chand jalan rs. 20,00,000/2 ..... the applicant and the department, as laid down in section 245d(4) of income tax act, 1961 is not practicable. however, to comply with the directions of the hon'ble high court, we hereby pass an order under section 245d(4) of income tax act, 1961:6. the undisclosed income is settled as under:i) badri narain modi rs. 48,00,000/ .....

Canara Jewellers and Yogesh Palke Alias Yogesh Achar (Decd. by Lrs) Vs ...

Court : Chennai

Reported in : (2009)226CTR(Mad)79; [2009]315ITR328(Mad); [2009]184TAXMAN491(Mad)

..... or in good faith and the assessee cannot be allowed to take advantage of the comparatively easy course of settlement. the scope of section 245c of the income-tax act, 1961, was also noticed by this court in ace investments ltd. v. settlement commission : [2003] 264 itr 571, wherein a learned single judge of this ..... settlement of cases and for grant of immunity from penalty and prosecution. sections 245c and 245h of the income-tax act, 1961, contemplate full and true disclosure by the applicant of income and the manner in which such income has been derived. when once it is held that an application filed for settlement of cases is not ..... pendency of the appeals, the appellants preferred their respective applications under section 245c of the income-tax act, 1961. therein, the appellants had shown their revised income and taken a plea that the income so shown was a full and true disclosure of the income of assessees. having heard the parties, the settlement commission, after due enquiry and .....

Ashok Kumar Goyal and ors. Vs. Income Tax Settlement Commission and or ...

Court : Madhya Pradesh

Reported in : (2008)220CTR(MP)274; 2009(1)MPHT225; [2009]178TAXMAN354(MP)

..... income. the petitioner, ashok kumar goyal, offered additional income for the purpose of tax rs. 1,50,06,254. all the petitioners have offered following additional income for the purpose of settlement under section 245c(1) of ..... the department the department reached on primary finding that the petitioner(s) had not paid income-tax correctly from the asst. yrs. 2001-02 upto 2006-07. thereafter, the petitioner and other petitioners in connected petitions filed applications for settlement under section 245c(1) of the it act, 1961 before the income-tax settlement commission, mumbai. in the aforesaid applications all the petitioners voluntarily disclosed certain additional .....

H.H. Maharaja Shri Jyotindrasinhji Vs. Assistant Commissioner of Incom ...

Court : Gujarat

Reported in : (2008)220CTR(Guj)485

..... in law and is perverse.(c) sections 3 and 4 of the it act, 1961 impose general liability to tax upon all income in all cases in which receipt is sought to be taxed as income. the burden lies on the department to prove that it is within the taxing provision. reliance is placed on the decision of the hon'ble ..... to the full bench decision of this court in the case of cit v. smt. kamalini khatau : [1978]112itr652(guj) and since the appeal ..... upon the said deeds by the commission does not bind the authorities under the act in proceedings relating to other assessment years.(emphasis, italicized in print, supplied).while discussing about the applicability of section 166 of the it act, 1961, in relation to the income from us trusts being discretionary trust, the hon'ble supreme court has referred .....

Cit Vs. Vysya Bank Ltd. and Another

Court : Karnataka

Reported in : [2006]282ITR185(KAR); [2006]282ITR185(Karn); [2006]152TAXMAN297(Kar)

..... the settlement commission functioning under chapter xix-a of the income-tax act, 1961 (hereinafter referred to as "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 commissioner of income-tax 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 ..... various statutory appellate authorities, the assessee-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 .....

Commissioner of Income Tax Vs. Vysya Bank Ltd. and anr.

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 .....

Brij Lal and ors. Vs. Cit

Court : Supreme Court of India

Reported in : (2005)199CTR(SC)716; [2005]279ITR432(SC); [2005]150TAXMAN106(SC)

..... chapter xix-a of the act did not arise for consideration and the judgment of the constitution bench proceeds sub silentio on the ..... counsel for the appellants/petitioners submitted that in the case of cit v. anjum m. h. ghaswala : [2001]252itr1(sc) , decided by the constitution bench, the question whether sections 234a, 234b and 234c of the income tax act, 1961 (hereinafter referred to as 'the act'), are at all applicable to proceedings of the settlement commission under ..... consideration is whether the settlement commission can reopen its concluded proceedings by having recourse to section 154 of the act so as to levy interest under sections 234a, 234b and 234c of the act, though it was not done in the original proceedings. we think proper to leave this question also to .....

Commr. of Cus. (Port) Vs. Settlement Commission, Cus. and C. Ex.

Court : Kolkata

Reported in : 2005(101)ECC87,2005(179)ELT386(Cal)

..... context cited by mr. additional solicitor general rendered by the supreme court in relation to the provision for settlement under the income-tax act, 1961 and if corresponding provision of income-tax act is read and examined then it will appear the commission established under the income-tax act, 1961 has no expressed power to grant waiver of interest at all and while interpreting the said section namely section are taken ..... contends that the provision of chapter xix (a) of the income-tax act, 1961 and chapter xiv(a) of the customs act, 1962 deal with settlement business. he further submits that the power of the settlement commission under the said act mentioned in section 127h of the income-tax act is substantially different from corresponding section 245h of the income-tax act, 1961, this will appear from comparative study of both the sections .....