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Azad Rahim Vs. Gift-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2003)84ITD671(Coch.)

..... bench and the decisions cited.17. first of all, it is to be noted that malik dinar educational trust is a private trust and its income has not been exempted under section 12a of the income-tax act, 1961. it is seen in the assessment order of fathima college of pharmacy run by malik dhinar educational trust, that the said institution has been ..... that the assessee had approached the hon'ble kerala high court and the high court granted six weeks' time to enable the assessee to file an appeal before the income-tax appellate tribunal and the attendant circumstances, we feel that the delay of 30 days in filing this appeal is to be condoned. we do so.4. the assessee ..... and the high court while disposing of the o.p. granted six weeks time from 19-1-2000 to enable the petitioner-assessee to file an appeal before the income-tax appellate tribunal. the assessee's learned counsel submitted that the delay was caused on account of the illness of the assessee's mother and requested to condone the delay .....

Commissioner of Income Tax, Mumbai Vs. Anjum M.H. Ghaswala and ors.

Court : Supreme Court of India

Reported in : 2001VIIIAD(SC)627; AIR2001SC3868; (2001)171CTR(SC)1; [2001]252ITR1(SC); JT2001(9)SC61; 2001(7)SCALE333; (2002)1SCC633; [2001]119TAXMAN352(SC); 2001(8)Supreme145

..... for short the commission) constituted under section 245b of the income-tax act, 1961 (hereinafter referred to as 'the act') has the jurisdiction to reduce or waive the interest chargeable under sections 234a, 234b and 234c of the act, while passing orders of settlement under section 245d(4) of the act? 2. earlier, this question arose before the commissioner in ..... to direct that the assessee whose case has been decided by it shall not be proceeded with or prosecuted under the income-tax act or under the indian penal code or under any other central act for the time being in force with respect to the case covered by the settlement. the orders of the commission are ..... the respondents because the persons who approach the commission under chapter xix-b are admittedly the persons who had not declared their true incomes to the income-tax authorities as required under the act. inspite of this default, section 246c comes to the aid of such assessee by providing a way out of the statutory implications .....

Sri Ramdas Motor Transport Ltd. and ors. Vs. Karedla Suryanarayana and ...

Court : Andhra Pradesh

Reported in : [2002]110CompCas193(AP)

..... the effect of section 131 of the income-tax act, 1961, which is in pari materia to section 10e(4c) of the act dealing with the powers of the officers of the income-tax department, held as follows (page 271) :'the powers conferred on the income-tax officer under section 131(1) of the act have not been specified with reference to ..... cited a plethora of decisions on this aspect.(1) in cit v. scindia steam navigation co. ltd : [1961]42itr589(sc) their lordships of the supreme court while considering section 66(1) of the income-tax act, which is in pari materia the same as section 10f of the act to find out whether a question of law has arisen ..... : [1965]57itr349(sc) , justice k. subba rao speaking for the constitution bench having held that the jurisdiction conferred under section 33a(2) of the indian income-tax act, 1922, primafacie is a judicial one and having reviewed the case law held that if an administrative body is empowered to determine questions affecting the rights of subjects .....

Suresh N. Shah Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)81ITD385(Mum.)

..... account. the ito therefore estimated and determined the income at rs. 51,000. since the minimum penalty leviable exceeded rs. 1,000, the matter was referred to the iac. the iac imposed a penalty of rs. 10,000 as, according to him, the case fell under section 271(1)(c) of the it act, 1961. on appeal, the tribunal cancelled the penalty. ..... at the premises of the assessee. there was also search and seizure action carried out at the assessee's premises on 30th aug., 1991.thereafter, the cit, central, decided that the income of the assessee was only to the extent of brokerage, which was fixed at 0.75 per cent after allowing 50 per cent for sub-brokerage paid by ..... percent in the year 1981, which cannot be accepted as a decision which can never be changed. he stated that the doctrine of res indicate does not apply to income-tax proceedings.he further stated that there are tremendous changes in the business trend in the share market and, earning more brokerage cannot be ruled out. the ao relying on .....

D.S. Veer Ranji Vs. Ciba Speciality Chemicals (i) Ltd. and ors.

Court : Mumbai

Reported in : 2002(2)BomCR29; [2002(92)FLR1048]; (2002)IILLJ569Bom

..... conferred by part iii and for any other purpose. xxx xxx xxx. 19. the scope of this article has been explained by subba rao, j., in dwarkanath v. income tax officer air 1996 sc 81: 'this article is couched in comprehensive phraseology and it ex facie confers a wide power on the high courts to reach injustice wherever it ..... on two decisions of this court as justifying it to issue the said declaration. the two decisions are bidi, bidi leaves and tobacco merchants association v. state of bombay : (1961)iillj663sc , and a.b. abdulkadir v. kerala : air1962sc922 . but neither of these two decisions is a parallel case which could be relied on. in the first case, the ..... own facts and circumstances.' 93. it is not as if our civil courts have no power under the existing law. under section 31(1) of the specific relief act, 1963 (act no. 47 of 1963), any person against whom an instrument is void or voidable, and who has reasonable-apprehension that such instrument, if left outstanding, may cause him .....

Mohanlal S. Doppa Vs. Commissioner of Income-tax

Court : Gujarat

Reported in : [2002]253ITR33(Guj)

m.s. shah, j.1. both these references, at the instance of the same assessee, are made by the income-tax appellate tribunal, ahmedabad, under section 256(1) of the income-tax act, 1961, (for brevity 'the act').2. in income-tax reference no. 59 of 1988, the following question is referred for the opinion of this court in respect of the assessment ..... years 1974-75 and 1975-76 :'whether, on the facts and in the ciraimstances of the case, the levy of penalty under section 271(1)(a) was legal and valid in law ?'3. in income-tax ..... order for settlement under section 245d(4) results into or is to be treated as exemption from imposition of penalty, under the income-tax act, but an express direction of the settlement commission would be required if the assessee claims any benefit in the matter of levy or quantification of .....

Mohanlal S. Doppa Vs. Cit

Court : Gujarat

Reported in : [2001]253ITR33(Guj)

..... of the same assessee, are made by the income tax appellate tribunal, ahmedabad, under section 256(1) of the income tax act, 1961, (hereinafter referred to as 'the act').'whether, on the facts and in the circumstances of the case, the levy of penalty under section 271(1)(a) ..... in order of settlement commission under section 245d(4). application:also to current assessment year.decision:in favour of assessee.income tax act 1961 s.245d in the gujarat high court m.s. shah & d.a. mehta, jj.income tax references nos.59 and 60 of 1988 3 october 2001m.s. shah, j. both these references, at the instance ..... was legal and valid in law ?'in income tax reference no. 60 of 1988, the following question is referred for the opinion .....

Joint Cit Vs. Dr. (Smt.) Reeta Singh

Court : Patna

..... -1997, at the residential premises of the assessee, wherein cash and valuable securities were seized. notice under section 158bc of the income tax act, 1961 (in short the act) was served on the assessee and returns were filed belatedly on 15-12-1999, declaring total undisclosed income of rs. 1,79,980. the assessee is a professor of economics at patna university, patna. though she has ..... 1997-98. the university was duly filing annual returns under the provisions of section 206 of the act, with the concerned income tax officer. it had been agitated on her behalf that income from her salary cannot constitute undisclosed income.8. the provisions of clause (b) of section 158b of the act defines 'undisclosed income'. for the sake of convenience, said definition is extracted thus:'(b) 'undisclosed .....

Joint Commissioner of Income-tax Vs. Smt. Dr. Reeta Singh

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2002)80ITD503(Pat.)

..... -1997 at the residential premises of the assessee, wherein cash and valuable securities were seized. notice under section 158bc of the income-tax act, 1961 (in short the act) was served on the assessee and returns were filed belatedly on 15-12-1999, declaring total undisclosed income of rs. 1,79,980/-. the assessee is a professor of economics at patna university, patna. though she has ..... to the authority concerned so that it may charge or deduct income-tax out of the said income. the provisions of sub-section (1) of section 192 of the act enjoins duty on an employer to deduct tax at the average rate of income-tax computed on the basis of the rates in force on the estimated income of the assessee. it means that an estimate of the .....

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Reported in : 2002(1)BomCR419

..... in dagi ram pindi lall v. trilok chand jain : [1992]194itr228(sc) , the court found that under section 54 of the income-tax act, 1922, and after its repeal, section 137 of 1961 act had only placed fetters on the exercise of jurisdiction which were removed, with the result that the exercise of jurisdiction to call for the production ..... of documents relevant to the case pending before the court, even from the income-tax authorities revived. there is nothing in this decision which ..... guilty of diversion of funds of herbertsons ltd., and that there are observations to this effect in the assessment order dated 31-3-1997 passed by the income-tax authorities. it is not disputed that the assessment order was set aside in appeal though on a technical point, and the matter has been remanded for fresh .....