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B and Bros. Engg. Works Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2003)84ITD243(Ahd.)

..... 1. this is an appeal by the asscssee against the order dated 28-1-1999 passed by the deputy commissioner of income-tax, circle 10(1), ahmedabad under section 158bc read with section 158bd of the income-tax act, 1961. the substantial grounds raised by the assessce in this appeal are as under : the learned dcit has grievously erred ..... 2. this is an appeal by the assessee against the order dated 28-1-1999 passed by the learned deputy commissioner of income-tax, circle-10(1), ahmedabad under section 158bc read with section 158bd of the income-tax act, 1961.the learned dcit has grievously erred in law and/or on facts in making following additions as undisclosed ..... income- invoicing of bills rs. 9,77,000(2) unaccounted income due to under- invoicing of machinery rs. 55,63,255(3) unaccounted income due to under- invoicing of machinery rs .....

Canoro Resources Limited Vs. Director of Income-tax (internat Ional Ta ...

Court : Authority for Advance Rulings

..... formed by the applicant with legasi petroleum international inc. at alberta, canada can be assessed as a firm under the income-tax act, 1961, provided the requirements of section 184 are complied with. (2) the aforesaid firm shall be liable to tax @ 30 per cent plus applicable surcharge and cess in accordance with paragraph (c) of the first schedule of the ..... of firm for the purpose of taxation under the income-tax act, 1961 (hereinafter referred to as act), if it satisfies the conditions listed under section 184 of the act. 2) if answer to the question no. 1 above is affirmative, would tax rate prescribed under the act for a firm be applied, while computing tax liability of the partnership in india? 3) if ..... mr. a. sinha m/s canoro resources ltd. has filed this application under section 245q(1) of the income-tax act, 1961 (the act). the applicant is a foreign company, registered in canada. 2. the applicant states that it is engaged in the business of exploration and production of petroleum .....

income-tax Officer, Nellore Vs. M. Sundararamireddy

Court : Andhra Pradesh

Reported in : AIR1965AP102; [1965]58ITR821(AP)

..... the demand against one of the partners. so conceive steps were taken against the respondent by the issue of a certificate under section 46(2) of the indian income-tax act. (3) at this stage, the respondent had invoked the jurisdiction of this court under art. 226 of the constitution raising a plea that here was not liability ..... by reason of the assessment. therefore, that ruling has no relevancy in the present context. (21) nor can the department derive any help from iqtida khan v. income-tax officer : [1961]41itr165(all) . there, the allahabad high court was concerned with a partner of a registered firm who had migrated to pakistan and was declared an evacuee. his ..... half share of the income vested in the custodian. the competent officer passed an order directing the sale of the assets of the firm and division of the sale .....

Kallakudi Selection Grade Panchayat Vs. the State of Tamil Nadu and or ...

Court : Chennai

..... or member, as the case may be, of such company, corporate body, society, firm, body of persons or association shall not be liable to pay tax under this chapter for the income derived by such director, partner or member from such company, corporate body, society, firm, body of persons or association shall not be liable to pay ..... the person affected a reasonable opportunity of being heard. 9. the executive authority referred to in section 198(b) is defined under the tamil nadu tax on profession, tc and employment act, as under: (3) executive authority means the commissioner or other functionary of the local authority concerned, who is vested with the general executive ..... no.4. in the year 1986, there was a dispute between the petitioner/panchayat and the fourth respondent. that in exercise of the power conferred under the act, the district collector directed the collection to be made by the petitioner/panchayat,out of which 10% was to be adjusted towards service rendered, whereas remaining 90% .....

Meka Venkatappaiah Vs. Additional Income Tax Officer

Court : Andhra Pradesh

Reported in : [1957]32ITR274(AP)

..... carries on two different trades, one individually and the other as a member of an unregistered firm, he is, under the income-tax act (xi of 1922), entitled to set off, for purposes of income-tax, the loss incurred by him in respect of the partnership trade against the profit made by him in his individual trade. ..... firm is different from the members composing it for income-tax purposes and is recognised as a separate assessable unit under section 3 of the income-tax act. though according to the partnership act a partnership firm is not a single legal person, still for purposes of income-tax the firm is regarded as having a separate status and ..... 0. pending the appeal to the appellate assistant commissioner, the additional income-tax officer, tenali, issued a notice to the appellant on 25th june, 1952, under section 18a(8) of the income-tax act (hereinafter referred to as the act) alleging that he had not paid the advance tax payable under section 18a(8) and, therefore, he has liable .....

Mohammed Omer Family Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1992)40ITD1(Hyd.)

..... to the assessing officers : assessment of representative assessee (trust) - status - instructions reg. the question whether trustees who are assessed in the capacity of representative assessees under section 160 of the income-tax act, 1961, can be assessed in the status of an association of persons where such trustees are authorised by the settlor to carry on business on behalf of and for the benefit ..... with other additions.7. according to the assessing officer, assessee paid interest and remuneration with the only view to get over the provisions of section 161(1a) of the income-tax act, 1961 (hereinafter called the act), which came into force from the asst. year 1985-86. there is no agreement between the beneficiaries and the trust for payment of this interest.the assessing officer .....

Sukhdeo Prasad Vs. Astt. Cit

Court : Allahabad

Reported in : (2004)87TTJ(All)604

..... be delivered in this office within 16 days of service of this notice, duly verified and signed in accordance with the provisions of section 140 of the income tax act, 1961.sd.assistant commissioner (circle), allahabad.'8. the assessee objected to the issue of this notice, which is also specifically mentioned in the assessment order, in which ..... for disposal of this appeal.3. the facts as taken from the assessment order are that during the search and seizure operation under section 132 of the income tax act, 1961, carried out in the premises of m/s ajai kumar vijai kumar dal mill, bindki, fatehpur on 5-7- 1996, certain documents in the form ..... is wholly illegal and without jurisdiction.4. because notice in question, otherwise also, cannot be said to be satisfying the provisions of section 282 of the income tax act,, 1961, and the same, therefore, cannot be held to be conferring a valid jurisdiction on the learned assessing officer to complete the assessment for block period commencing from .....

G.B.H. Exporters Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1996)58ITD499(JP.)

..... dated 10-5-1991 for assessment year 1988-89. the appeal relates to the imposition of penalty of rs. 1,68,000 under section 271(1)(c) of the income-tax act, 1961 (the act).2. in this case search operations were carried out on 22-9-1987 at the business premises of the firm and at the residential premises of the partners. return declaring ..... 23-9-1986, 162 itr st.36, as follows : "as per the existing explanation 5 to section 271(1) of the income-tax act, if at the time of search, assets which are not recorded in the books of account are found, a taxpayer is liable to penalty for concealment even if he declares ..... been derived and pays the tax, together with interest, if any, in respect of such income." 15. it has to be observed that in the above provision, clause (2) was added by the taxation laws (amendment and miscellaneous provisions) act, 1986 with effect from 10-9-1986. the scope of this amendment was clarified by board in its circular no. 469 dated .....

Commissioner of Wealth Tax, Gujarat-iii, Ahmedabad Vs. Ellis Bridge Gy ...

Court : Supreme Court of India

Reported in : AIR1997SC4074; [1998]229ITR1(SC); JT1997(8)SC585; 1997(6)SCALE540; (1998)1SCC384; [1997]Supp4SCR626

..... association of persons or a firm, the legislature would have said so in so many words as was done in the indian income tax act, 1922 or the income tax act, 1961. under section 3 of the indian income tax act, 1922, the charge was on 'individual, hindu undivided family, company, local authority, firm and other association of persons or ..... indian income tax act, 1922, the gift tax act, 1958 and the income tax act, 1961 have been left out of the charging section of the wealth tax act.10. it is also to be noted that when the wealth tax act was passed in 1957, the indian income tax act, 1922 was in force. the scheme and structure of the wealth tax act are very similar to the act ..... , not falling within any of the preceding sub-clauses;'9. it will be seen from the above that just like the indian income tax act, 1922, in the gift tax act, 1958 and the income tax act, 1961, an association of persons or body of individuals have been specifically brought in as units of assessment. it is only under the .....

Rajnagar Vaktapur Ginning, Pressing and Manufacturing Co. Ltd. (In Liq ...

Court : Gujarat

Reported in : [1975]99ITR264(Guj)

..... to the petition as annexures 'a', 'b' and 'c', respectively. 5. the case of the petitioner-company shortly is as under : section 50 of the income-tax act, 1961, classified depreciable assets into those acquired in the circumstances mentioned under section 49 and those assets acquired otherwise. in non-depreciable assets, whether acquired in the circumstances, mentioned ..... of the petitioner-company as he was of the opinion that the case of the petitioner-company was governed by section 50(1) of the income-tax act, 1961. at this stage it should be noted that the petitioner-company had purchased the machinery for a sum of rs. 1,51,121 and the ..... order of september 18, 1970. the petitioner-company, therefore, went in further appeal before the income-tax appellate tribunal, ahmedabad. the tribunal also did not accept this contention of the petitioner-company on the plain reading of section 50 of the 1961 act. it, therefore, by its order of january 16, 1971, dismissed the appeal. the petitioner .....