Court : Rajasthan
Reported in : [2001]249ITR363(Raj)
..... shri suresh bhai bhola bhai jani, questions the validity of warrant of authorisation dated march 27, 1998 (annexure 5), under section 132a of the income-tax act, 1961 (hereinafter referred as 'the act of 1961'), on the ground, inter alia, that on the information in possession of the commissioner (respondent no. 2) no reasonable person could have entertained ..... belief or there, is no definable material or tangible information for formation of such belief then in such a case action taken under section 132a of the income-tax act, 1961, would be treated as illegal.'24. the facts of the case of vindhya metal corporation : [1985]156itr233(all) , rendered by the division bench of ..... of contention between the parties. paragraph 11 reads thus (page 961) :'it is further true that when issuance of an authorisation under section 132a of the income-tax act, 1961, is challenged in a court of law, it will be open to the petitioners to contend that on the facts or information disclosed no reasonable man .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)207CTR(Raj)452; [2007]289ITR425(Raj); RLW2006(1)Raj818; 2006(2)WLC33
..... assistant commissioner has preferre appeal before the tribunal and the tribunal had affirmed the order of the cit (a] peals), hence, this appeal under section 260a of the income tax act, 1961.6. section 32ab had been inserted in income tax act, 1961 vide finance act, 1966 w.e.f. 1.4.1987 and the benefit extended under the said provisions was ..... be culled out with reference to section 32ab(5) can be stated thus, that from the perusal of sub-section (5) of section 32ab of the income tax act, 1961 for claiming deduction under section 32ab, it is apparent that compliance of section 2 is necessary'. the first requirement is that the statement of accounts for the ..... that in order to entitle to claim development allowance provided in section 33a of the income tax act, 1961, it is not mandatory within the meaning of rule 8a(d) of the income tax rules, 1962 that the assessee should furnish to the income tax officer, the certificate from the tea board in the prescribed form along with the report .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)53CTR(Raj)327; [1986]160ITR170(Raj); 1985(2)WLN783
..... as that of 'association of persons' from the assessment year 1960-61. the assessee submitted a miscellaneous application under section 254(2) of the income-tax act, 1961 (no. xliii of 1961), and invited the attention of the tribunal that the following grounds of appeal were not disposed of by the tribunal:(1) that the appellate ..... beneficiaries directly or on the erstwhile partners through their representatives under the provisions of section 41 of the indian income-tax act, 1922, in respect of assessment years 1960-61 and 1961-62 and under section 161 of the income-tax act, 1961, in respect of the assessment years 1962-63 to 1966-67?'2. the assessee, m/s. duduwala ..... or on the erstwhile partners through their representatives underthe relevant provisions of the act. here, we may mention that the relevant provisions for the assessment years 1960-61 and 1961-62 is section 41 of the indian income-tax act, 1922 (the 'old act'), and for the assessment years 1962-63 to 1966-67, the material .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)57CTR(Raj)79; [1986]162ITR742(Raj); 1986(2)WLN756
..... no. 12 on june 25, 1973. he, therefore, vide his order dated february 21, 1976, passed under section 185 of the income-tax act, 1961 (act no. xliii of 1961) (' the act ' herein), made the assessment of the assessee-firm in the status of an unregistered firm. an appeal was filed before the appellate ..... copy of the judgment be sent to the tribunal as required by section 260(1) of the income-tax act, 1961. ..... in those circumstances, the question cropped up whether the partnership was illegal and the firm was consequently not entitled to registration under the income-tax act. it was ruled by the madhya pradesh high court that in the excise rules, the prohibition from entering into partnership regarding the working ..... that there was a transfer against the provisions of the excise rules, and the income-tax officer was justified in refusing registration to the firm under section 26a of the old act, union tobacco co.'s case : [1961]41itr115(ker) and benarsi das & co.'s case were referred to.16. learned .....
Tag this Judgment!Court : Rajasthan
Reported in : [1992]196ITR598(Raj)
g.s. singhvi, j. 1. this order will dispose of all these applications filed by the petitioner under section 256(2) of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), for directing the income-tax appellate tribunal, jaipur bench, jaipur, to refer the following question of law :' whether, on the facts and in the circumstances of the case, the appellate tribunal could impose ..... (1)(c) and propounded the following exposition of law (headnote) :'under the provisions of section 271(1)(c) of the income-tax act, 1961, as soon as it is found that there was a difference of more than 20% between the income returned and the income assessed, clause (c) comes into operation by the rule of presumption engrafted in the explanation and it is for the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1303; 2002(5)WLN346
..... as partner of parmeshwari textile mill, jasol. as no return for the assessment year 1994-95 was filed, a survey under section 133a of the income-tax act, 1961 (in short 'the act of 1961'), was conducted at the premises of praveen cotton mills and parmeshwari textiles mills, jasol, on november 25, 1994. during the survey operation, the assessee ..... to be a subject-matter of appeal before the learned commissioner of income-tax (appeals) in view of the provisions of section 246(1)(a) of the income-tax act, 1961, and the income-tax appellate tribunal was legally justified in deciding the same and directing the release of the impounded books of ..... ground relating to impounding of the books of account under section 131 in respect of an appeal filed against the order passed under section 144 of the income-tax act, 1961 ?(ii) whether, on the facts and in the circumstances of the case, the ground relating to impounding of the books of account would be considered .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)53CTR(Raj)337; [1985]155ITR648(Raj); 1985(2)WLN124
..... in the circumstances of the case, the tribunal was justified in holding that proceedings in this case were validly initiated by the income-tax officer under section 147(b) read with section 150 and explanation 3 to section 153 of the income-tax act, 1961 ?(2) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the order ..... /4th share from the said firm as per allocation of the total income determined in the assessment of the firm, vide order dated march 13, 1969, the ito initiated proceedings against the assessee-firm under section 147 of the i.t. act, 1961 (xliii of 1961) (hereinafter called ' the act '), for the assessment year 1961-62 on the basis of the information which he gathered from .....
Tag this Judgment!Court : Rajasthan
Reported in : (1988)73CTR(Raj)221; [1989]175ITR546(Raj); 1988(2)WLN327
..... case, it is not necessary to express any concluded opinion on the question of the appellate assistant commissioner's power of remand under section 251(1)(b) of the income-tax act, 1961. the question of limitation for making a fresh order imposing penalty on remand by the appellate assistant commissioner can be decided in the present case assuming the existence of ..... a penalty of rs. 3,700 was barred by limitation prescribed under section 275 of the income-tax act, 1961 ?'2. the relevant assessment year is 1972-73. the income-tax officer imposed penalty under section 271(1)(c) of the act on the assessee for concealment of particulars of income. on appeal, the appellate assistant commissioner set aside the penalty and remanded the matter to the ..... j.s. verma, c.j.1. this is a reference under section 256(1) of the income-tax act, 1961, at the instance of the revenue to answer the following question of law, namely :'whether, on the facts and in the circumstances of the case, the tribunal was .....
Tag this Judgment!Court : Rajasthan
Reported in : [1996]217ITR404(Raj); 1995(2)WLN222
..... to 18-9-1979, under section 244(1a).8,0475. against the above order, the assessee filed a revision under section 264 of the income-tax act, 1961, before the commissioner of income-tax where also part of the claim of the assessee was allowed and it was directedthat the interest under section 244(1a) is separately admissible with ..... against the order dated april 15, 1982, passed by the commissioner of income- tax under section 264 of the income-tax act, 1961.2. the brief facts of the case are that the petitioner-company paid advance tax amounting to rs. 1,79,200 under section 210 of the income-tax act, 1961, as under :rs.(i) 38,500on 14-6-1976(ii) 38 ..... the due dates but within -the financial year.19. if the history of the act, chapter xvii-c of the income-tax act, 1961, is seen which contains provisions relating to advance payment of tax, the said chapter provides liability for payment of advance tax, provision for payment of interest by the central government and provision of levy of .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002]256ITR148(Raj); 2001(4)WLC802; 2001(4)WLN285
..... [1986]158itr496(delhi) wherein the court held that where penalty imposed on the assessee under section 201(1) read with section 221 of the income-tax act, 1961, for failure to deposit tax deducted at source to the credit of the central government within the prescribed time is cancelled on the merits after acceptance of the case of the ..... the assessment year 1982-83 passed by his predecessor in the office on march 13, 1991, for prosecuting the petitioner under section 276b of the income-tax act, 1961.the petitioner is an officer of a company known as jodhpur woolen mills ltd. the facts of the case as emerge from the record of this ..... shri l.k. kankariya, director,status: limited company.assessment year: 1982-83.order under section 279(1) of the income-tax act, 1961 : 'the above named assessee is a limited company being assessed to tax with the deputy commissioner of income-tax (assessment), special range, jodhpur, and controlled by the managing directors, svs. s.m. kankaria and s.c. kankaria, .....
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