Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2000)75ITD183(All.)
..... sub-section (1) of section 37 of the indian income-tax act, 1922, or under sub-section (1) of section 131 of the income-tax act, 1961, or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922 or under sub-section (1) of section 142 of the income-tax act, 1961, is issued to verma transport co., lucknow banda transport ..... lucknow banda transport co., it stands established that there was no warrant of authorisation for conducting search, as stipulated under the provisions of section 132(1) of the income-tax act, 1961, in the case of the person styled as "m/s. verma roadways" and if it is so, then, all consequential actions, such as seizure, issuance ..... and 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, 1961.65. referring to the above mentioned notice, the ld. counsel for the assessee, shri s. p. gupta, ld. senior advocate, submitted that the notice .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2000)73ITD49(All.)
..... to produce or cause to be produced, books of account or other documents which will be useful for or relevant to proceedings under the indian income-tax act, 1922, or under the income-tax act, 1961, he would not produce or cause to be produced, such books of account or other documents as required by such summons or notice. shri ..... to produce or cause to be produced, books of account or other documents which will be useful for or relevant to proceedings under the indian income-tax act, 1922, or under the income-tax act, 1961, he would not produce or cause to be produced, such books of account or other documents as required by such summons or notice. shri pradeep ..... sub-section (1) of section 37 of the indian income-tax act, 1922 or under sub-section (1) of section 131 of the income-tax act, 1961 or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922 or sub-section (1) of section 142 of the income-tax act, 1961 is issued to mr. pradeep kar (name of the person .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (2001)76ITD423(Hyd.)
..... an addition of rs. 9,98,000." 3. the facts of the case are that a search and seizure operation under section 132 of the income-tax act, 1961 was conducted by the income-tax department on 8-11-1995. during the course of search certain incriminating material including certain loose sheets indicating that the assessee had been doing money-lending ..... was found and seized. during the course of search cash of rs. 3,58,715 was also found. the assessee's statement under section 132(4) of the income-tax act, 1961 was also recorded on 8-11-1995, i.e. on the date of search. he was specifically asked to explain the source of cash of rs. 3, ..... gathered by way of investigation and examination of the person under section 132(4) of the income-tax act, 1961. section 132(4) clearly mentions that the statement recorded during the course of search can be used in evidence in any proceedings under the income-tax act. explanation to section 132(4) further mention that the authorised officer is at liberty to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (1998)64ITD396(Pune.)
..... and export in various goods. later on, it restricted to export business in pulses. the said firm has been registered under the provisions of the income-tax act, 1961 and continuation of its registration has been granted in the subsequent years. the premises of the assessee as well as m/s. pfi were search ..... . it is also registered with various government authorities. even the registration and continuation of registration have been granted by the income-tax authority under sections 185 and 184(7) of the income-tax act, 1961. the same had not been revoked till date. (4) that capital of pfi has not been contributed by the assessee-company. ..... , none of the authorities had doubted the genuineness of the partnership firm. even the income-tax department has accepted the genuineness of the firm by granting registration as well as continuation of registration under the provisions of the income-tax act, 1961.34. regarding the manufacturing/processing of pulses, it was submitted by him that there .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (2005)93ITD184(Nag.)
..... the assessee is to be construed as business income and not income under any other head.whatever might be the provisions of the vidc act, while computing the income liable to tax, the provisions of the income tax act, 1961 are only relevant. as per the provisions of the income tax act, 1961, the total income of the assessee is chargeable to tax under s. 4. the total income has to be computed in accordance with ..... the provisions of the act.section 14 lays down that for the purpose of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2007)109ITD181(Ahd.)
..... to heat treatment etc. for the assessment years 1984-85, 1986-86 and 1986-87 and, consequently, entitled to "investment allowance" under section 32a of the income-tax act, 1961. these tax case petitions are, thus, disposed off. there shall, however, be no order as to costs, in the circumstances of the case. 12. no decision has ..... as required under section 80ib(2)(iii).29. the term "manufacture" and "produce" as described in section 80ib(2)(iii) are not defined in income-tax act, 1961 (hereinafter the act). therefore, the same has to be analysed as interpreted by the courts and by now it has almost become settled that what should be the real ..... contention. in the circumstances, we do not find any reason to refer the questions raised to this court under section 256(2) of the income-tax act, 1961. these petitions are, therefore, dismissed. 2. director of income-tax (exemption) v. dharm pratisthanam 155 ctr (del) 385. perused the contents of paragraph 7 of the petition. ld. counsel for the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1988)25ITD193(Delhi)
..... that though the ccs could not be treated as a mere bounty or gift, it was not a revenue receipt taxable under section 28(iv) of the income-tax act, 1961 taut only a capital receipt given to improve and build up its capital base and to remove the inadequacies in its export apparatus or infrastructure. we agree ..... or in a different state, in the absence of any contrary decision of any other high court. the appellate tribunal is not an income-tax authority as defined in section 116 of the income-tax act, 1961. both the parties are, therefore, free to canvass their respective viewpoints before the special bench regarding the ratio decidendi of the various decisions ..... of two benches of the tribunal that it was considered fit and proper by the president to constitute the present special bench under section 255(3) of the income-tax act, 1961.the position as clarified by the third member in the case of export house (supra) namely that when conflicting decisions are there, the decision of the special .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (2004)88ITD333(Mad.)
..... completed under section 143(3) read with sections 158bc and 158bd of the income-tax act, 1961. the impugned block assessment is the one governed by the provisions of section 158bd of the income-tax act, 1961.2. there was a search under section 132 of the income-tax act on 19/20-1-1996 in the case of the co-brother of the ..... assessing officer is not justified in invoking jurisdiction under section 158bd. (ii) on the parity of reasoning and rationale contained under section 148 of the income-tax act, 1961,, it is necessary to record reasons under section 158bd also to make a block assessment under that section and therefore the issuance of notice itself is illegal ..... is therefore decided against the assessee.51. the next is addition of interest of rs. 30,375 clubbed by the assessing officer under section 64 of the income-tax act, 1961. the interest is accrued in the account of "assessee's minor son. therefore, the assessing officer has resorted only to the statutory provisions in this regard. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2005)96ITD1(Mum.)
..... incurred by the assessee on purchase and sale of units of mutual funds is allowable or not? 2. whether the provisions of section 94(7) of the income tax act, 1961 can be interpreted as retrospective in operation and if so, its effect?" the facts of the case relevant to the questions referred to us, briefly, are ..... the basis of colourable device during the period prior to the introduction of the provisions of section 94(7). the learned cit, dr pointed out that the provisions of section 68 of the income tax act, 1961 introduced in the statute a legal position that had been identified and formulated in the judgments of honble supreme court several ..... provisions of the statute and therefore, nugatory." the learned cit, dr argued that in the charging sections of income tax act, 1961, the expression "loss" had not been mentioned anywhere. it was regarded as a part of income chargeable to tax. if in the process of making an income chargeable to tax any loss occurred, the same would also fall within .....
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