Court : Delhi
Reported in : (2002)76TTJ(Del)257
..... chapter xxi of the income tax act deals with the power of the revenue authorities to impose penalty ..... officer agreed with the authorised representative on the issue that no penalty can be imposed under section 271(1)(c) of the income tax act but while framing assessment, held the amount surrendered as income from other sources. ..... thus hold for this reason also that chapter xxi of the income tax act is independent of the other provisions of act and no benefit of any action taken under chapter xxi can be drawn in any other proceedings ..... this argument of the learned authorised representative the learned departmental representative submitted that as far as the immunity granted under the explanationn 5 to section 271(1)(c) of the income tax act, is concerned, that immunity is confined to the penalty proceedings only as contemplated under section 271(1)(c) but this immunity does not prohibit the revenue from taking action under any provisions of the act. ..... well settled that the penalty and quantum proceedings are independent proceedings and merely a claim is not included or rejected in quantum proceedings does not bring the assessed to the net of section 271(1)(c) of the income tax act.32. ..... submitted that once an immunity is granted to the assessed under the explanationn 5 to section 271(1)(c) of the income tax act, under no circumstances, the recourse to any other provision of the act more particularly to section 69, as has been done in the present case, while framing assessment, can be taken .....
Tag this Judgment!Court : Delhi
Reported in : (1981)25CTR(Del)207; ILR1981Delhi40; [1982]136ITR379(Delhi)
..... (2).without prejudice to the generality of the foregoing subsection if the income-tax officer or the appellate assistant commissioner in the course of any proceeding under this act in respect of any such firm as is referred to in that sub-section is satisfied that the firm was guilty of any of the acts specified in chapter xxi he may impose or direct the imposition of a penalty in accordance with the provisions of that chapter. ..... naturally learned counsel on both sides cited all these decisions before us and also referred various earlier decisions and provisions of the indian partnership act, the indian income-tax 1922 as well as the income-tax act, 1961 which have been referred to and discussed in these various decisions. ..... meaning of section 187 of the income-tax act, 1961 and that the firm of sant lal arvind kumar as constituted at the time of the assessment was assessable for the assessment year 1969-70 in respect of the income of the entire period from 1-4-1968 to 31-3-1969, the death of shri sant lal notwithstanding. ..... the question posed revolves for its determination on the provisions of section 187, 188 and 189 of the income-tax act, 1961 which may be set out for the purpose of easy reference : '187.change in constitution of a firm (1) whereat the time of making an assessment under section 143 or section 144 it is found that a change has occurred in the constitution of a .....
Tag this Judgment!Court : Delhi
Reported in : [1971]79ITR63(Delhi)
..... inspecting assistant commissioner of income-tax, : [1967]64itr637(bom) where it was said at page 655 of the report:'a perusal of the opening words of section 271(1) and section 275 of the income-tax act, 1961, would show that the proceedings for imposition of penalty have to be commenced before the completion of assessment proceedings. ..... according to the learned counsel, since the section requires that the inspecting assistant commissioner shall have all the powers conferred under chapter xxi for 'the imposition of penalty in such a case it impliedly takes away the powers of the income-tax officer to initiate proceedings under section 271 which is one of the sections included in that chapter. ..... it is urged that under section 275 no order imposing a penalty under chapter xxi which includes section 271(1)(c), with which we are concerned in this case, can be passed after the expiration of two years from the date of the completion of the proceedings in the course of which the proceedings for the imposition of penalty have been commenced. ..... section 275 provides that no order imposing a penalty under this chapter shall be passed after the expiry of two years from the date of completion of proceedings in the course of which proceedings for imposition of penalty have been commenced. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1974Delhi73; [1974]95ITR197(Delhi)
..... challenged the validity of chapter xx-a of the income-tax act, 1961, as inserted therein by the taxation laws (amendment) act, 1972 for the first time and raised the following important questions of first impression, namely:-(1) whether chapter xx-a of the income-tax act, 1961 as inserted therein by the taxation laws (amendment) act, 1972 is wholly or partly a law enacted 'for the purpose of imposing or levying any tax or penalty' within the meaning of ..... the relevant part of the act of 1972, namely chapter xxa of the income-tax act 1961, was enacted to meet the widespread evil of tax liability and/or concealment of income, it is a law enacted 'for the purpose of imposing or levying and tax or penalty' within the meaning of art ..... is chapter xx-a of the income-tax act, 1961 as inserted therein by taxation laws (amendment) act, 1972 (hereinafter called the act of 1972) wholly or party a law enacted ' for the purpose of imposting or levying any tax or penalty' within ..... property in the sale deeds and who is also supposed to have received more consideration that is stated in the instrument of transfer would be dealt with separately, for instance, under section 52 of the income-tax act, 1961 as chapter xxa 3. ..... laws (amendment) act, 1972 inserting chapter xx-a in the income-tax act, 1961 is also a ..... of this authoritative interpretation of the scope of article 31-c that we have to consider the validity of the act of 1972 as inserted in chapter xxa of the income-tax act, 1961.article 39(b):-8. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi617
..... (1) is chapter xxa of the income tax act, 1961 as inserted therein by taxation laws (amendment) act, 1972 (hereinafter called the act of 1972) wholly or partly a law enacted 'for the purpose of imposing or levying any tax or penalty' within the meaning of article 31(5)(b)(i) and/or is it a 'law giving effect to the policy of the state towards securing the principles specified in clause (b) or clause (c) of article 39' within the meaning of the first part of article 31c of the constitution? ..... insofar as chapter xxa of the income-tax act imposes a penalty on the petitioner for evasion of tax liability and/or concealment of income, it is a law enacted 'for the purpose of imposing or levying any tax or penalty' within the meaning of article 31(5)(b)(i) of the constitution. ..... the relevant part of the act of 1972 is inserted in the income-tax act, 1961 as chapter xxa. ..... (5) logically, the first question to be decided should be whether chapter xxa of the income-tax act, 1961 as inserted therein by the act of 1972 is a 'law giving effect to the policy of the state towards securing the principles specified in clauses (b) or clause (c) of article 39' of the constitution. ..... they point out that the relevant part of the act of 1972, namely, chapter xxa of the income-tax act, 1961, was enacted to meet the widespread evil of tax evasion and black money. .....
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas571(Delhi); (1987)63CTR(Del)312; [1987]168ITR341(Delhi)
..... words 'any proceeding' are of wide amplitude, then perhaps chapter xxi of the income-tax act dealing with penalties imposable for various defaults committed under that act would also be within the ambit of section 633(2) of the act. ..... illustrate, section 276c was introduced in chapter xxii relating to offences and prosecutions in the income-tax act, 1961, with effect from 1st october, ..... -in-reply, the inspecting assistant commissioner of income-tax, range via, has said that the company did not deposit the amount of tax deducted at source from its employees in its office in delhi for the period relevant to financial years 1981-82 and 1982-83 within the period prescribed and, thereforee, a notice to show cause was issued on 16th january, 1986, as to why prosecution be not filed under section 276b of the income-tax act, 1961. ..... also indicate in the affidavit if any certificate has been issued to any of the employees including the petitioners in respect of tax deducted at source as provided in section 203 of the income-tax act, 1961. ..... under section 192 (falling in chapter xvii-b) of the income-tax act, any person responsible for paying any income chargeable under the head 'salaries' shall, at the ..... for which the petitioners want to be excused from prosecution are falling under three different acts, namely, the employees' provident funds and miscellaneous provisions act, 1952 (for short 'the provident fund act'), the employees' state insurance act, 1948, and the income-tax act, 1961. 4. .....
Tag this Judgment!Court : Delhi
Reported in : (2005)197CTR(Del)241; [2006]283ITR458(Delhi)
..... penalties, including the penalty for concealment of income, fall under chapter xxi 'penalties imposable' ..... , answering question 1 in favor of the revenue, we hold that the tribunal was not right in deleting the penalty imposed under section 271(1)(c) of the it act, 1961, merely on the ground that the total income of the assessed has been assessed at a minus figure/loss. ..... questions which need to be answered in these appeals are :'(1) whether the tribunal was right in deleting the penalty imposed under section 271(1)(c) of the it act, 1961, on the ground that the total income of the assessed has been assessed at a minus figure/loss ? ..... acts/rules/orders: income tax act, 1961 - sections 2, 2(a),2(24), 2(45), 3, 4, 4(1), 5, 6, 14, 22(1), 22(4), 23(1), 23(2), 34(2), 64, 72, 80, 139, 39(1), 139(2), 139(3), 148, 153(1), 260a, 271, 271(2) and 271a ; finance act, 2002; income tax act, 1922 - sections 2 and 28(1); finance act, 1988; finance act, 1951 - section 2(7)cases referred: elphinstone spinning & weaving mills co ..... 2(7) of that act provided that--'for the purposes of this section and of the rates of tax imposed thereby, the expression 'total income' means total income as determined for the purposes of income-tax or super-tax, as the case may be, in accordance with the provisions of the it act. ..... this batch of appeals under section 260a of the it act, 1961 (hereinafter referred to as the act), arises out of separate orders of the income-tax appellate tribunal (tribunal) in different matters. .....
Tag this Judgment!Court : Delhi
Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)
..... this ground was repelled by the supreme court with following observations:counsel contended that in any event, penalty for the assessment year 1949-50 could not be imposed upon the assessee firm because there was no evidence that the income-tax officer was satisfied in the course of any assessment proceedings under the income-tax act that the firm had concealed the particulars of its income or had deliberately furnished inaccurate particulars of the income. ..... with the enactment of income tax act, 1961, i.e. ..... followed by clauses (1) and (2) as at present were substituted for the earlier words...7.5 it is important to note that the expression =without reasonable cause was also omitted with respect to other provisions under which penalty was leviable under chapter xxi, such as, sections 270 (the expression omitted was =without reasonable excuse as against =without reasonable cause), 271a, 271b, 272b, 273(1)(b), 273(2)(b) and 273(2)(c). ..... the captioned writ petitions lay challenge to the provisions of section 271(1b) of the income tax act, 1961 (hereinafter referred to as the =act) on the ground that it is ultra vires the constitution of india. .....
Tag this Judgment!Court : Delhi
Reported in : (2009)222CTR(Del)215; 157(2009)DLT665; [2009]179TAXMAN309(Delhi)
..... consequently, we answer the question against the revenue/appellant and in favour of the assessee by holding that, in the facts and circumstances of the present appeals, the income-tax appellate tribunal was correct in law in deleting the penalty imposed by the assessing officer under section 271c of the income tax act, 1961, on the ground that the penalty order dated 16.03.2000 was passed beyond the time prescribed by section 275(1)(c), the same having been passed after the lapse of six months ..... however, the joint commissioner of income-tax went ahead and passed the order dated 16.03.2000 imposing a penalty of rs 49,91,289/- under section 271c of the said act in respect of the financial years 1987-88 to 1993-94 being the sum equal to the total amount of short deduction of tax which the assessee had failed to deduct and pay to the credit of the central government in time as per the provisions of chapter xvii-b of the said act. ..... we had noted that section 275 fell within chapter xxi which dealt with 'penalties imposable'. ..... penalty can only be imposed under chapter xxi by following the procedure prescribed in section 274 of the said act which stipulates that no order imposing a penalty can be made unless the assessee has been heard or has been given a reasonable opportunity of being heard. .....
Tag this Judgment!Court : Delhi
Reported in : (2009)221CTR(Del)97; [2009]316ITR1(Delhi); [2009]176TAXMAN473(Delhi)
..... the definition of alp is provided in sub-clause (ii) of section 92f.6.6.8 a necessary adjunct to chapter x of the act, are certain provisions contained in chapter xxi, which is, entitled 'penalties imposable'. ..... introduced new sections 92a to 92f in the income tax act, relating to computation of income from an international transaction having regard to the arm's length price, meaning of associated enterprise, meaning of international transaction, computation of arm's length price, maintenance of information and documents by persons entering into international transactions, furnishing of a report from an accountant by persons entering into international transactions and definitions of certain expressions occurring in the said sections.the scheme of chapter x with reference to provisions which are ..... so arranged that the business conducted by the resident with the non-resident either yielded no profit or, less than ordinary profit, which may be expected to arise in that business then, the assessing officer was empowered to tax profits which were derived or which may reasonably be deemed to be derived from the business in the hands of a person resident in the taxable territory.6.5 with the enactment of income tax act, 1961 a somewhat similar provision was inserted by way of section 92. .....
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