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Nagarmal Baijnath Vs. Commissioner of Income-tax/Excess Profits Tax, B ...

Court : Mumbai

Reported in : [1978]114ITR133(Bom)

..... tribunal, the point was indirectly decided by the supreme court in the case of c. a. abraham v. income-tax officer kottayam : [1961]41itr425(sc) and directly decided against the assessee by the bombay high court in the case of ramniwas hanumanbux somani v s. venkatraman, income-tax officer : [1961]43itr152(bom) . according to the tribunal, the ratio of somani's decision was that under section 44 of the income-tax act, notice of reassessment could be issued against the firm and need not be issued against the persons who ..... or reassessment of such a firm after dissolution, under section 44 of the indian income-tax act, 1922, could be made in the same manner under chapter iv as if it had not discontinued its business. in coming to this conclusion, the court considered the following decisions of supreme court, namely, abraham (c.a) v. income-tax officer : [1961]41itr425(sc) and shivram poddar v. income-tax officer : [1964]51itr823(sc) and derived their conclusion from the observations to .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... cases and is a self-contained code for assessment of undisclosed income relating to the block period. section 113 determines the rate of tax for income brought to tax in terms of section 158ba(2) finance act for each of the assessment years has no application. c) prior to the insertion of the proviso to section 113 of the income tax act 1961, the question of levy of surcharge on the tax computed under section 113 of the income tax act, 1961, does not even arise for consideration. d) there ..... decisions of the tribunal on the point at issue. .7. the matter is of substantial revenue implication in all search cases. it has wide ramifications, and it required an in depth examination of the position of the annual finance acts vis-is the income-tax act, 1961, and also an in depth analysis of the principles of statutory interpretation. for these reasons, and as there are conflicting decisions on this issue, we are of the view that the appeal in question is a fit and proper appeal to be heard by .....

Smt. Krishna Verma Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)107ITD1(Delhi)

..... 4 of the it act. section 4 provides that where a central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with and subject to the provisions of this act in respect of the total income of the previous year of every person. section 4 creates a classification that it is on income that is to be charged in accordance with and subject to the provisions of this act. but for this provision, tax on income could not have been charged under the it act which is levied by the finance act every year. section 2 of the finance act every year provides that income-tax for the assessment .....

Chandra Prakash Agrawal Vs. Assistant Commissioner of Income-tax and o ...

Court : Allahabad

Reported in : (2006)206CTR(All)505; [2006]287ITR172(All)

r.k. agrawal, j.1. in all these writ petitions, the petitioners who belong to the same group, have challenged the notices issued to them under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), in respect of the various assessment years beginning from 2000-01 to 2002-03, which vary in each of the petitions. as all these petitions raise common questions of law, they have been heard together and are being decided by a common judgment.2. civil miscellaneous ..... of 10 years, then no other assessment under any other provisions of the 1961 act can be framed, meaning thereby under the block period of 10 years income of any year, covered by the block period, could not be determined afresh as all pending assessments of those years stood merged in the connected assessment under section 158bc of the act. the same view was taken by the kerala high court in the case of n.t. john v. cit : [1997]228itr314(ker) . it may be mentioned here that the aforesaid decision has since .....

Parshuram D. Patil Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)103TTJ(Mum.)765

..... ". there is no dispute that above income was "undisclosed income" of the assessee. there is further no dispute that income was assessed consequent to a search carried on 4th jan., 1996 at the premises of the assessee under section 132 of the it act.3. the two sections of the it act, which are to the rate of tax for application, in this case are sections 112 and 113 of the it act. these are as under: 112(1) where the total income of an assessee includes any income, arising from the transfer of a long-term capital asset, which is chargeable under the head 'capital gain', the tax payable by the assessee on the total income shall be the aggregate of- (ii) the amount of income-tax calculated on such long-term .....

A.P. Shanmugaraj Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2006)99ITD278(Chennai)

..... ordinary rules of construction, that is to say, in accordance with the clear intention of the legislature which is to make a charge levied effective. reference may be made to a few cases laying down this distinction. in cit v. mahaliram ramjidas, it was said : the section, although it is part of a taxing act, imposes no charge on the subject, and deals merely with the machinery of assessment. in interpreting provisions of this kind the rule is that construction should be preferred which makes the machinery workable, utres valeat ..... this view, we rely on the decision of the allahabad high court in the case of sant baba mohan singh v. cit wherein the provisions of section 23(2) of the it act, 1922, are discussed which is pari materia to section 143(2) of the it act, 1961, and it has held that non-issuance of notice under section 143(2) [sic-23(2)] of the act would amount to a curable irregularity and the assessment order cannot be declared as invalid, null and void. the hon'ble allahabad .....

K.l. Swamy Vs. The Commissioner Of Income Tax

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3704 OF2012K.L. Swamy ...Appellant(s) Versus The Commissioner of Income Tax & Anr. Respondent(s) WITH CIVIL APPEAL No.3706 OF2012CIVIL APPEAL No.3705 OF2012CIVIL APPEAL No.3707 OF2012CIVIL APPEAL No.3708 OF2012CIVIL APPEAL No.3709 OF2012JUDGMENT :1. : M.R. SHAH, J.1. As common question of law and facts arise in this group of appeals, all these appeals are decided and disposed of together by this common judgment and order.2. In all these appeals, the dispute is with respect to levy of interest under Section 158BFA(1) of the Income Tax Act in respect of assessment completed under Section 158BD of the Act for belatedly filing the return of income for the block period and also the levy of surcharge under Section 113 of the Income Tax Act.3. For the sake of convenience Civil Appeal No.3706 of 2012 arising out of the impugned judgment and order passed by the High Court in ITA No.277 of 2004, is being treate...

Sri Chaitanya Educational Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)106ITD256(Hyd.)

..... .3.p further, in the case of uppala peda venkataramanaiah (1964 lll itr -short notes of current cases- 2) relied upon by the assessee, examining the retrospective or otherwise nature of the provisions of section 155 of the income tax act, 1961, hon'ble andhra pradesh high court held as follows- (ii) that in the absence of express words or necessary implication to the contrary a statute which was not purely procedural had only prospective and not retrospective operation: section ..... 155 of the income tax act, 1961 had only prospective operation. (iii) that as the appellate orders were passed before the coming into force of the income tax act, 1961. the statutory provisions which were in force at the time when the appellate orders were passed governed those rectification proceedings and the act of 1961 did not in any manner destroy the rights and privileges acquired under these statutory provisions or .....

Bashir HussaIn Peshimam Vs. Gulam Mohomed Ismail Peshimam and ors.

Court : Mumbai

Reported in : AIR1966Bom253; (1965)67BOMLR748; 1966CriLJ1395; ILR1966Bom770

ORDER[1] This criminal revision application has been preferred by the petitioners bashir Hussain peshimam against the order passed by the learned presidency Magistrate 28th Court, Esplanades, Bombay on 5t February 1965, whereby the learned Magistrate rejected the application of petitioners for a direction that the special prosecutor or the collectors of the central Excise be directed to furnish him with copies of certain statements and documents in their possession or in the alternative to issue a summons under S. 94 of the Criminal procedure code, directing the special prosecutor or the collectors, of central excise to produce such statement, nd documents for his inspection before the inquiry started.[2] The facts giving rise to the application made by the petitioner to the learned magistrate and the order passed by the learned Magistrate thereon may be state, on 3rd August 1964, Shri H.R. Jokhi Assistant collectors of central Excise Marine Preventive Division Central Excise Bombay fi...

Shaw Wallace and Company Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1999)68ITD148(Kol.)

..... redoing the same in accordance with law keeping in view the observations made above.8. the second issue is contained in ground no. 2 raised before us which disputes the validity of approval under s. 158bg of the act. the learned authorised representative of the assessee has contended that the cit while according the approval to the ao for passing the assessment order for the block period under s. 158bg has violated the principle of natural justice. he has contended that no opportunity of hearing prior to grant of approval was afforded to ..... -96 previous years relating to which fall within the block period under consideration is not legally valid for being not in accordance with provisions of chapter xiv-b of the act. he has cited raja ram kulwant rai vs. asstt. cit (1997) 227 itr 187 (p&h) and n. t. john vs. cit (1997) 228 itr 314 (ker).6. as against this, the learned departmental representative (special counsel) of the revenue has contended that the object of chapter xiv-b is to assess .....