Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter xvii collection and recovery of tax Court: income tax appellate tribunal itat allahabad Page 1 of about 4 results (0.196 seconds)

Dr. A.K. Bansal Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2000)73ITD49(All.)

..... assessment and collection of tax under chapter xiv-b of the act is in consequence upon action under section 132 of the act, the matter relating to the validity of search action under section 132 of the act and consequently the existence of circumstances or satisfaction of the conditions specified in clause (a) or (b) or (c) of sub-section (1) of section 132, which are prerequisite mandatory requirements, comes at least within the ambit of the term "matters incidental" referred to in sub-clause (i) of clause (2) of article 323b and, therefore, i am of the opinion that the ..... record/search warrant, produced a photostat copy of the same which was in the following terms : "whereas information has been laid before me and on the consideration thereof i have reason to believe that : if a summons under 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 ..... us that in the absence of any express provisions in sections 254 and 255 of the act relating to stay of recovery during the pendency of an appeal, it must be held that no such power can be exercised by the tribunal, suffers from a fundamental infirmity inasmuch as it assumes and proceeds on the premise that the statute confers such a power on the income-tax officer who can give the necessary relief to an assessee .....

Monga Metals (P) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... anybody in such type of activities, therefore, do not fall within the ambit of taxing provisions such as invoked by the ao.the indulgence of someone in such type of activity may fall within the ambit of some other provisions of the act, such as abatement for evasion of income-tax and the remedial action for such type of assessee's lies under some other provisions of act and not under the provisions invoked by the ao.65.3. ..... the present case is concerned, the two documents having been seized by the revenue as a result of search, the onus to prove as to how the contents of those documents represented purchase or sale of ingots or scrap and how that resulted in income liable to be taxed as undisclosed income under chapter xiv-b of the act on the revenue but the revenue has failed to discharge this onus. ..... this is an appeal by the assessee in which the assessee has challenged the assessment for the block period completed under the provisions of chapter xiv-b of the it act, 1961 (hereinafter called the act) on various grounds.hearing of this appeal has been fixed on priority basis as directed by the hon'ble high court of allahabad ..... here it is important to mention that the learned ao did not confront the appellant with the evidence collected or enquiry made with regard to appellant's trading activities with other parties on the ground that the appellant has refused to give any further detail or replies with respect to the dealings ..... the recovery of any paper from an active director is not .....

Late Iqbal HussaIn Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... the ground that, since the defaults were committed by the deceased, the legal representative could not be penalised as there was no provision therefor in the wealth tax act corresponding to section 159(2)(b) of the income tax act, 1961, and section 19(3) of the wealth tax act did not provide for an application of section 18 to a legal representative. ..... the form of additional tax.hon'ble supreme court held as under: the expression "assessment" used in the sections of chapter iv of the income tax act is not used merely in the sense of computation of income and when section 44 declares that the partners or members of the firm or association shall be jointly and severally liable to assessment, it refers to the liability to computation of income under section 23 as well as the application of the procedure for declaration and imposition of tax liability and the machinery for enforcement thereof ..... then the question arises about recovery of tax and penalty from the legal representatives.10.1 section 159(1) and section 159(2) in fact would take care of all the four situations and the distinctions tried to be created by the learned counsel for the assessee that section 159 would not be able ..... clear that there is some difference in respect of recovery of penalty and recovery of tax as clearly laid down in section 159(4) and 159(6). ..... intent is clear that in case of juridical person legislature intended to levy and collect tax, penalty or any other sum from their successors or from ex-partner or .....

Late Iqbal Hussain, L/H-2 Ekram Vs. Income-tax Officer, Ward-1(1)

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2007)111TTJ(All.)717

..... clause (c) of section 271(1)(c) of the income-tax act, 1961, it is necessary that there must be concealment by the assessee of the particulars of his income or furnishing of inaccurate particulars of such income, the provisions of section 271(1) (c) of the act are not itracted to cases where the income of an assessee is assessed on estimate basis and additions are made therein, hi sarabhai chemical's cake it was held by honble gujarat high court that the deeming hot ion contained hi explanation 1 section 271(1 )(c) of the income-tax act, 1961, that the added/disallowed ..... hon'ble supreme const held as under: the expression "assessment" used in the sections of chapter iv of the income-tax act is not used merely in the sense of compulation of income and when section 44 declares unit the partners or members of the firm or association shall be jointly and severally liable to assessment, it refers to the liability to computation of income under section 23 as well as the application of the procedure for declaration and r imposition (flax liability and the machinery for enforcement thereof nor has the expression, tall the ..... , we will make it clear that there is some difference in respect of recovery of penalty and recovery of tax as clearly laid down in section 159(4) and 159(6). ..... thus, the legislative intent is clear that in case of juridical person legislature intended to levy and collect tax, penalty or any other sum from their successors or from ex-partner or legal representatives. .....