Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)2ITD17(Kol.)
..... the assessee's claim for exemption under section 11 of the income-tax, act, 1961 ('the act'), was negatived by the ito en the ground that ..... of income-tax (central), range-i, calcutta, has erred in holding that sangit kala mandir was an institution established wholly for charitable purposes and hence exempt under section 11 of the income-tax act, 1961. ..... regarding the objects and organisation of the society and the finding on the grounds regarding applicability and fulfilment of certain procedural and technical requirements such as explanation to section 11 and section 12(1) of the act, would decidedly evidence that the tribunal positively endorsed the claim, which was accepted at the assessment stage, that the society was an institution established wholly for charitable purposes. ..... exempt from payment of income-tax under section 11. ..... a reference was made to the provisions of section 2(75) of the act and it was claimed by the learned departmental representative that the objects of the assessee-society were not of general public utility but activities for profit inasmuch as the .income earned by the society was by staging dramas as also by the earning of interest by way of advancing loans out of ..... that the assessee was a mutual benefit society and the income earned by it was found to be by an activity of profit.therefore, he submitted that the aac was not justified in holding that the income earned by the assessee-society was exempt from tax in view of the provisions of section 11.5. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1983)4ITD545(Kol.)
..... the assessment for the assessment year 1975-76 was completed by the assessing officer under section 143(3) of the income-tax act, 1961 ('the act'), on 30-3-1978. ..... authority to 'pass such orders thereon as it thinks fit' in section 33(4) of the income-tax act, 1922, is not arbitrary: the expression is intended to define the jurisdiction of the tribunal to deal with and determine questions which arise out of the subject-matter of the appeal in the light of the evidence, and consistently ..... in the instant case, the income tax officer determined the tax on a plain paper and on form itns 150-a within period of limitation and thus complied with the provisions of section 143(3)(a). ..... of the assessee, and determine the sum payable by him or refundable to him on the basis of such assessment; if the above section is read, possibly there could not be any dispute on these facts that the assessment under section 143(3)(a) is not only of the computation of total income or loss of the assessee, but the assessment order must contain the determination of the sum payable by the assessee or refundable to him on the basis of the assessment.therefore, the assessment ..... third ito [1980] 126 itr 369 (kar.). .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)7ITD697(Kol.)
..... 29 under section 209a of the income-tax act, 1961 ('the act') on 15-3-1979, though the estimate and the covering letter ..... section 207 lays down that tax shall be payable in advance in accordance with the provisions of sections 208 to 219 of the act in the case of income other than (a) income chargeable under the head 'capital gains' ; and (b) income referred to in sub-clause (ix) of clause (24) of section 2 of the act.such income is referred to in chapter xvii as 'income subject to advance tax' and such tax as 'advance tax ..... fact that the assessee, in lieu of a statement of advance tax payable by it, filed an estimate of the current income and the advance tax payable by it under sub-section (2) of section 209a. ..... a payment which is not in accord with the estimate of advance tax is recognised as payment of advance tax under section 209a, it will have the effect of rendering the provisions of section 209a which lay down that the payment must be in accord with the ..... under section 214, 'the central government is obliged to pay simple interest at 12 per cent per annum on the amount by which the aggregate sum of any instalments of advance tax paid during any financial year in which they are payable under sections 207 to 213 of the act exceeds the amount of tax determined on regular assessment, from the 1st day of april next following the said financial year to the date ..... treated as advance tax paid and it is on this amount that interest under section 214 of the act has been calculated .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1985)13ITD89(Kol.)
..... claim and the tribunal also affirmed the decision.the department sought for a reference and the high court endorsed the decision of the tribunal with the following observations: the language of the proviso to section 23(1) of the income-tax act, 1961, shows that there must have been a levy by the local authority in respect of the property, which is in the occupation of a tenant and to the extent to which such a levy is borne ..... of the department, it was held that: ...under the proviso to section 23(1) of the income-tax act, 1961 (as it stood at the relevant time), in determining the annual value of house property, it is only where a deduction was claimed by the owner for the tenant's liability to municipal taxes that the question of the same being 'borne' by the owner would ..... tax had to be deducted from the bona fide annual value in each year under section 23(1) of the income-tax act, 1961 ('the act ..... 1,78,784 levied by the corporation should be deducted under section 23(1) of the act in computing the total income derived from house property.this decision was challenged by the department before the hon'ble supreme court, which confirmed the same ..... unwarranted fluctuation in the annual value during the year in question, such actual payment should be eliminated from consideration but only the tax liability imposed by the local authority which the assessee is liable to pay as contemplated by the proviso to section 23(1) of the act should be allowed to be deducted under the said proviso. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)9ITD513(Kol.)
..... thereafter the ito reopened the assessment in respect of the aforesaid assessment year in terms of clause (a) of section 147 of the income-tax act, 1961 ('the act') on the ground that the loan of rs. ..... the tribunal upheld his contention but by mistake set aside the entire reassessment order and restored the original assessment order.no steps were taken under section 35 of the indian income-tax act, 1922 ('the 1922 act') to rectify the mistake ; nor was there any reference sought against the order of the tribunal. ..... accordingly, struck down the proceedings under section 147 as void ab initio with the following observations : it is true that the income-tax officer recorded statement from shri chandi prasad patodia dated 20-7-1977 in which the person denied having advanced any loan to the appellant but this was done after the income-tax appellate tribunal had struck down initiation of proceedings itself under section 147(a) and held that section 147(a) could have been applied. ..... 'if that were not the legal position' pointed out their lordships, 'it would result in placing an unrestricted power of review in the hands of the income-tax officer to go behind the findings given by a hierarchy of tribunals and even those of the high court and the supreme court with his changing moods ..... in 1950 the ito initiated fresh reassessment proceedings under section 34 of the 1922 act with respect to the interest income and made the reassessment order for the year 1942-43 to include interest income.8. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)8ITD537(Kol.)
..... in respect of income voluntarily disclosed, there is no assessment or reassessment to be made under the income-tax act, 1961 ('the 1961 act') but a schedule of rates has been fixed in relation to the income voluntarily disclosed [see section 3(1)].section 14 of the 1976 act deals with disclosure of income in cases of ..... section 17 of the said act stipulated that 'the provisions of chapter xv of the income-tax act relating to liability in special cases and of section 189 of that act or of chapter v of the wealth-tax act relating to liability to assessment in special cases shall, so far as may be, apply in relation to proceedings under this act as they apply in relation to proceedings under the income-tax act or, as the case may be, the wealth-tax act ..... make a declaration in respect of any income relating to the previous year in which the search was made or any earlier previous year: (a) for which he has failed to furnish a return under section 139 of the income-tax act, or (b) which he has failed to disclose in a return of income furnished by him under the income-tax act before the commencement of this act, or (c) which has escaped assessment by reason of the omission or failure on the part of such person to make a return under the indian income-tax act, 1922 ... ..... declaration under clause (b) of sub-section (1) of section 15 was to be filed in a case where a return had been duly filed by the assessee but he had either omitted certain assets from inclusion in the said return or had .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)9ITD610(Kol.)
..... section 271(1)(c) of the income-tax act, 1961 ('the 1961 act') nor section 17(1)(c) of the 1957 act ..... held that section 41 of the indian income-tax act, 1922 ('the 1922 act') provided for two alternative methods, namely, either to tax the income in the hands of the trustees or to tax it directly in the hands of the person on whose behalf the income was receivable under the trust, and one of them having been availed of by the income-tax department in making the direct assessment which was a valid assessment under section 41(2), the other alternative of taxing the income in the ..... relation to income-tax matters, the ito similarly initiated proceedings under section 147 of the 1961 act on the ground that although the sole trustee in this case had filed the income-tax returns of the trust but the fact was that the sole beneficiary of the trust was having separate income other than the trust income which fact ..... regard, the board directed the itos to keep the question of assessment under section 41(2) of the 1922 act and under section 166 of the 1961 act open at the time of raising the initial assessment either of the trust of the beneficiary, because once the option was exercised, it would not be open to the ito to assess the same income for the assessment year in the hands of the other person, namely, ..... section 41 of the 1922 act corresponding to section 166 of the 1961 act gave an option to the department to tax either the representative assesses or the beneficial owner of the income .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)10ITD129(Kol.)
..... this appeal by the revenue is directed against the order of the commissioner (appeals) dated 16-3-1981 by which he cancelled the interest charged by the ito under section 217 of the income-tax act, 1961 ('the act').2. ..... (supra) has also held that in view of the scope for exercising the discretion by the ito to reduce or waive interest under section 18a(6) and 18a(7) of the indian income-tax act, 1922, the omission to charge interest cannot be said to be a mistake apparent from the records which can be rectified. ..... he also took us through the provisions of rule 40 of the income-tax rules, 1962 ('the rules') which provides the circumstances under which the interest payable under sections 215 and 217 can be reduced or waived. ..... he urged that the case of the assessee from the beginning is that it is not liable to pay tax under the act in respect of any part of its income and, therefore, the assessee was seeking exemption both in respect of the income falling under clause (23a) of section 10 and in respect of the rest of the income under section 11. ..... he took us through the provisions of section 217(1) to point out that where an assessee fails to submit the estimate of advance tax under section 212(3), sub-section (2) of section 217 provides that the provisions of sub-sections (2), (3) and (4) of section 215 of the act shall apply to interest payable under the said section as they apply to interest payable under that section. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)10ITD285(Kol.)
..... the ito, therefore, initiated rectification proceedings under section 154 read with section 254 of the income-tax act, 1961 ('the act') to which the assessee's representative objected to as under : the above mentioned firms were assessed as an unregistered firms and the assessee's shares of income were correctly included on that basis. ..... the revision of assessment of the firm by the ito to give effect to the appellate order will, therefore, be an 'assessment' of the firm and if variation is involved in the tax burden of the firm and the share incomes of the partners, it will be a case which will fall squarely within the language of section 155(1), which stipulates that- where in respect of any completed assessment of a partner in a firm it is found- (a) on the assessment or reassessment of the firm, or** ** ** ... ..... in the case of a registered firm, the firm pays tax at a much reduced rate, and, then the share of each partner in the income of the firm is included in his total income and assessed to tax in his hands.section 67 prescribes the method of computing a partner's share.according to it, any interest, salary, commission or other remuneration paid to any partner is deducted from the total income of the firm. ..... the main weight of the assessee's argument was that there was no reduction or enhancement in the income of the firms by any order under sections 154, 250, 254, 260, 262, 263 or 264 of the act within the meaning of sub-section (1) of section 155. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1985)13ITD288(Kol.)
..... it would, in my opinion, be wrong to refer to the scheme of income-tax act, 1961, and say on the basis thereof that penalty on the legal representative could not be imposed under section 24b of the 1922 act, because the scheme of the 1922 act is not the same as that of the 1961 act. ..... on appeal, the commissioner (appeals) was of the opinion that there was a difference between the relevant provisions of the 1922 act and the income-tax act, 1961 ('the 1961 act'). ..... in this case, the ito had issued a notice to the assessees under section 40 of the hyderabad income-tax act, 1357f, requiring them to show cause as to why penalty should not be imposed upon them and later by an order levied a penalty ..... it is true that under the hyderabad income-tax act, distinct provisions are made for recovery of tax due and penalty, but that in our judgment does not alter the true character of penalty imposed under the two acts....we are of the view the high court erred in holding that the proceedings for imposing the penalty could not be continued after the enactment of section 13(1) of the finance act, 1950.15. ..... the generality of the definition of 'assessee' in section 2(2) of the indian income-tax act, 1922, is sufficient to include even a legal representative who is to pay the tax, though out of the assets of the deceased person ..... the proceedings for imposing penalty initiated under section 40 of the hyderabad income-tax act could be continued after the enactment of section 13(1) of the finance act, 1950. .....
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