Court : Rajasthan
Reported in : 2001(2)WLN648
..... (41). similar view has been reiterated while explaining the meaning of 'proceeding' in sub-section (2) of section 297 of the income tax act, by the hon'ble supreme court in kalawali devi harlalka vs. the commissioner of income tax, west bengal & ors. (42).(54). in silaram motilal kalal vs. santanu prasad jaishankar bhatl 013), the hon'ble supreme court ..... not in accordance with law.' the grounds may also be that 'the returning officer did not comply with rule 56 of the conduct of election rules, 1961 (forshort,'the rules, 1961') and the instructions contained in the hand book for returning officers.'(68). therefore, in view of the above, it is crystal clear that proceedings before the ..... at the time of filing the application for recounting under rule 63 of the conduct of election rules, 1961. section 64 of the act, 1951 provides for a mode of counting of votes. section 100 of the act specifies the grounds on which the election of the returned candidate can be declared void, ft includes that .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)127CTR(Raj)77; [1995]213ITR721(Raj)
..... on the facts and in the circumstances of the case, the income-tax appellate tribunal was legally justified in coming to the conclusion that deduction under section 80hh be computed on commercial profits ..... the above numbered income-tax reference, the facts of reference no. 29 of 1987 are being taken into consideration.the income-tax appellate tribunal has referred the following question of law arising out of its order dated november 19, 1986, in respect of the assessment year 1981-82 under section 256(1) of the income-tax act, 1961 :'whether, ..... propose purpose of calculating deduction specified in section 80hh to 80tt, the net income has to be computed in accordance with the provisions of the income-tax act before making any deduction under chapter vi-a which shall alone be regarded as income which is received by the assessee and which is included in his gross .....
Tag this Judgment!Court : Rajasthan
Reported in : [1986]160ITR833(Raj); 1985(2)WLN5
..... july 1, 1974, and the other assessment will be from july 1, 1974, to the end of the accounting year. the commissioner of income-tax submitted an application under section 256(1) of the act for making a reference to this court. in these circumstances, the reference is before us. 4. before we proceed further in the matter, ..... the partnership deed dated august 31, 1957, which was executed by om prakash, surviving partner, and suraj-bhan, the deceased partner, which has considerably influenced the income-tax officer as well as the appellate assistant commissioner in coming to the conclusion that there should be one assessment on the assessee-firm in respect of both the periods, ..... one third person was also taken as a partner. a partnership deed dated july 13, 1974, was executed by om prakash, smt. santra devi, ved prakash and banshidhar. the income-tax officer, b-ward, sri ganganagar, made one single assessment for the two periods: (i) up to the date of death of surajbhan, i.e., july 1, 1974, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN681
..... i.t.o., 'a' ward shri s.k. sharma allowed continuation of registration vide order dated 13th march, 1981 and completed the assessment under section 143(1) of the income tax act, 1961, on the return submitted by the party. it is further alleged that it came to the notice of i.t.o., 'b' ward, beawar shri m. compani that ..... court can independently judge the matter but it is equally true that if the finding of the tribunal which is more or less highest in the under the income tax act dispose of a point of fact on detail appreciation of evidence, then unless some thing contrary is shown or exceptional circumstances are pointed out requiring the exercise by ..... accused no. 1 for conduct of business of accused no. 1 during the assessment year 1978-79 and they were also liable for offences under section 276(c) of the income tax act. it was alleged that the facts mentioned above constitute the offence punishable under section 420 ipc read with section 511, 471, 193, & 196, ipc read with section .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)214CTR(Raj)696; [2009]312ITR179(Raj)
..... dt. 17.12.2004, by framing following substantial questions of law. 1. whether the jurisdiction of assessing officer for assessment of undisclosed income in a block assessment under section 158bb of the income tax act, 1961 is limited to the material found during the search or on the basis of information available the assessing officer could estimate the ..... income to the best of his judgment de hors the material on record, appreciating the factual circumstances of the case?2. whether ..... therefore, the assessment cannot be said to be time barred.5. we have considered the rival submissions, and have gone through the various provisions of the income tax act, and the relevant case law. 6. since the question involved in the cross objection goes to the root of the matter, inasmuch as if that question .....
Tag this Judgment!Court : Rajasthan
Reported in : (2001)73TTJ(NULL)1
..... from the various judicial pronouncements cited/referred by the learned authorised representative of assessee we find that the assessee acted under bona fide belief and did have reasonable and sufficient cause, as provided under section 273b of the income tax act 1961, so as to exonerate the assessee of the fault/defiance, if considered to be. in that view of ..... 275(1)(c) does not speak of any appellate proceeding., so this provision of section 275(1)(c) is not applicable here. he has contended that in income tax act, there is no time-limit for initiation of penalty under section 271d/271e but sub-section (2) of section 271d and of section 271e provide jurisdiction to joint ..... competent authority. the said provision of law may, for convenience, be quoted as under'section 272a(4)no order under this section shall be passed by any income-tax authority referred to in sub-section (3) unless the person on whom the penalty is proposed to be imposed is given an opportunity of being heard in the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)172CTR(Raj)297
..... ref. nos. 48/99, 49/99, 50/99, 51/99, 52/99 53/99, 54/99 and 55/9915. these are applications under section 256(2) of the income tax act, 1961, seeking a direction from this court, because by the order dated 26-5-1998, the tribunal, jaipur bench, jaipur, has rejected the application under section 256(1) for ..... the head 'profits and gains of business or profession' on the basis of computation made in terms of section 44bb of the income tax act, 1961. according to the assessee he is liable to pay tax on '10 per cent of the aggregate of the amount specified in sub-section (2) of section 44bb'. accordingly, he has included in computation ..... and directed the assessing officer to recompute the income of the assessee by including the entire receipt of the income-tax payable by the company in india as part of the income from profits and gains of business falling under section 28(iv) of the income tax act, 1961, by excluding it from computation of income made under section 44bb(2).on the other hand .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)74TTJ(NULL)36
..... accrued as per the terms and conditions of the agreement entered into by these two parties and this being the position, the said amount was chargeable under the income tax act, 1961, as per the provisions of section 9(1)(vii) read with sections 4 and 5.16. the learned counsel for the assessee has also contended that the ..... of application of section 9(1)(vii) of the income tax act, 1961, to such transactions involving extra territorial operation is also in jeopardy in view of article 245(2) of the indian constitution. in this regard, he pointed out that ..... for technical services was never payable by the assessee to m/s dml, a nonresident and, therefore, the said amount was not chargeable in its hands under the income tax act, 1961. he also contended that the amount of fees in this case was received by m/s dml, from crown agents and both these parties being nonresident, the validity .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)121CTR(Raj)255; [1995]213ITR443(Raj)
..... 269ul (chapter xx-c of the income-tax act, 1961), etc., from the income-tax department in accordance with law and it its own cost and expenses;(iv) that respondent no. 4 after collection receipts of payment of taxes, obtaining tax clearance certificate/no-objection certificate/certificate from the income-tax department under the income-tax act, 1961, for registration of sale deed shall ..... on behalf of the petitioner, has not addressed any argument on the question of the constitutional validity of the provisions of chapter xx-c of the income-tax act, 1961, and rightly so because the constitutional validity of the same has already been upheld by the supreme court. it was also stated by shri n. ..... on june 1, 1991, which has been filed with the writ petition as annexure 'd'. thereafter, a show-cause notice under section 276ab of the income-tax act, 1961, dated june 3, 1991, issued by respondent no. 3 was received by registered post on june 5, 1991, requiring the petitioner and respondent no. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2001)168CTR(Raj)214
..... 1986]158itr496(delhi) wherein the court held that where penalty is 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 are cancelled on merits after acceptance of the case of the assessee ..... assessment year 1982-83 for which the impugned sanction/authorisation has been made by the commissioner in exercise of its powers under section 279(1) of the income tax act, 1961.5. the petition had been admitted on 24-1-1995, and further proceedings were stayed. the respondents were served prior to 7-4-1995, and put ..... government, within the prescribed time-limit under section 80 of the income tax act, 1961, read with r. 30 of the income tax rules, 1962. thus, the company as well as its directors are liable for prosecution under section 276b read with section 278b(1) of the income tax act, 1961.3. a show-cause notice was issued from this office dated .....
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