Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... the commissioner of income tax, bihar-ii, ranchi filed two applications under section 256(1) of the income tax act, 1961 for the assessment years 1984-85, 1985-86 and prayed to the appellate tribunal to refer the question arising out of the order of the tribunal for answer by this court ..... the term 'source of income' as understood in the income-tax act is to identify or 'classify income so as to determine under which head, out of the various heads of income referred to in section 14 of the act, it would full for the purposes of computation of the total income for charging income-tax thereon. ..... 483, the assessee filed a writ petition in the high court for quashing/withdrawal of the order passed by the commissioner of income tax and the orders of assessment and penalty proceedings under section 271(1)(a) of the income tax act and the demand notice issued under section 156 of the act and also the order imposing penalty. ..... chapter xiv of the income tax act, 1961 deals with the procedure for assessment in the event return is filed ..... , the department filed four complaints before the magistrate for an offence under section 276c(2), 277 and 278b of the income-tax act and sections 120b, 34, 193, 196 and 420 ipc. ..... appreciating the rival contentions made by the learned counsels appearing for the parties, i would first like to discuss some of the relevant provisions of the income tax act, 1961.7. ..... reference to sub-section (2) has also been omitted. ..... (4a) and (4b) omitted by tla act, 1975, wef 1-10-75.11 .....
Tag this Judgment!Court : Jharkhand
Reported in : (2004)190CTR(Jharkhand)116; [2004]270ITR214(Jharkhand); [2004(2)JCR116(Jhr)]
..... the kerala high court as follows :'section 271(1)(c) of the income tax act, 1961, is attracted where in the course of any proceedings under the act, the assessing officer or the first appellate authority is satisfied that (a) any person has concealed the particulars of his income; or (b) has furnished inaccurate particulars of such income. ..... therein, the full bench of the patna high court considered the effect of the amendment brought about to section 271(1) of the income tax act and the addition of the explanation and noticed that the burden had shifted to the assessee from the department to offer a reasonable explanation for his furnishing an alleged inaccurate particulars or concealing a particular income and it was for the assessing officer to consider the acceptability or otherwise of that explanation. ..... the assessee sought a reference of five questions in his application under section 256(1) of the income tax act, filed before the income tax appellate tribunal, which decided that the question that really arose for decision was the one that has been quoted above by us in the beginning which, in effect, is an omnibus question covering all the aspects ..... there was no justification in omitting this amount in the revised return filed on 10.10.1985 and consequently, the imposition of penalty was justified. ..... it was not a case where entries were made on the relevant dates and the source of money was omitted. .....
Tag this Judgment!Court : Jharkhand
Reported in : (2005)196CTR(Jharkhand)23; [2005]275ITR48(Jharkhand); [2005(2)JCR262(Jhr)]
..... 10,000/- on the assessee under section 271(1)(c) of the income tax act, 1961 (hereinafter to be referred to as 'the act' for short) vide order dated 29th july ..... 18,000/- on the assessee under section 271(1)(c) of the income tax act, 1961 (hereinafter to be referred to as 'the act' for short) vide order dated 29th ..... of the aforesaid order passed by the income tax appellate tribunal, two separate applications, both under section 256(1) of the act, at the instance of the revenue, the income tax appellate tribunal has referred the following question for this court's opinion:'whether, on the facts and in the circumstances of the case, the hon'ble tribunal was justified in concluding that no penalty under section 271(1)(c) is leviable?'7. ..... aforesaid circumstances, i hold that the income tax appellate tribunal was justified in concluding that no penalty under section 271(1)(c) of the act is leviable. ..... affirmed by the cit (a) on 23rd of january, 1992, but the income tax appellate tribunal by its judgment dated 31st july, 1992 in ita no. ..... 279/126/98-itjgovernment of indiaministry of finance department of revenuecentral board of direct taxes new delhi dated the 27th march, 2000.toall chief commissioners of income-tax/directors general of income-tax.sir,sub : revising monetary limits for filing departmental appeals/references before income-tax appellate tribunal, high courts and supreme court.measures for reducing litigation-regardingreference is invited to board's ..... 279/126/98-itj, dated 27th .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2716; (2008)218CTR(Jharkhand)666; [2009]308ITR109(Jharkhand); [2008(4)JCR364(Jhr)]
..... , the petitioner has prayed for quashing of the order dated 07.08.2004 taking cognizance of the offence under section 277 of the income tax act, 1961 which has been taken against the petitioner by the special judge (economic offences), dhanbad.3. ..... application is allowed and the order dated 07.08.2004 taking cognizance of the offence under section 277 of the income tax act, 1961 in c.o. ..... from bare perusal of the aforementioned provisions, it appears that section 277 of the income tax act contains some crucial words in regard to mensrea of the assessee such as that he either knows or believes to be false, or does not believe ..... of the allegations made in the complaint petition, the special judge, economic offences, dhanbad, by order dated 07.08.2004, took cognizance of the offence under sections 277 of the income tax act against the petitioner which is under challenge in this application.5. mr. ..... noticed to show cause as to why prosecution under section 277 of the income tax act be not launched against her. ..... examine the provision of section 277 of the income tax act which reads as under:section 277. ..... senior counsel appearing for the petitioner submitted that 'mensrea' is an essential ingredient for launching prosecution against a person for commission of the offence under section 277 of the income tax act. ..... the strength of forged tds certificate which she knew to be false and therefore, she was liable to be prosecuted for commission of offence under section 277 of the income tax act. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR694; [2007(1)JCR542(Jhr)]
..... commence proceedings for assessment or reassessment: to commence the proceeding for reassessment it is not necessary that on the materials which came to the notice of the income-tax officer, the previous order of assessment was vitiated by some error of fact or law.the high court exercising jurisdiction under article 226 of the constitution has power to set aside a notice issued under section 147 of the income-tax act, 1961, if the condition precedent to the exercise of the jurisdiction does not exist. ..... sub-section (5) of section 17 has been under-assessed or assessed at a rate lower than that which was correctly applicable or any deductions therefrom has been wrongly made, the prescribed authority may, subject to such rules may, be made by the state government under this part, and -(a) within eight years from the date of the order of the assessment or reassessment where the said authority has reasons to believe that the dealer has concealed, omitted ..... or failed to disclose willfully the particulars of such turnover or has furnished incorrect particulars of such turnover and thereby re turned figures below the real amount,(b) within eight years' from the date of the order of the assessment or reassessment in any other case.serve on the dealer a notice containing all or any of the requirements which may be included in a notice under subsection (2) of section 17 and proceed to assess or reassess the amount of tax due from .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1097
..... these appeals have been filed under section 260a of the income tax act 1961 challenging the order passed by the income tax appellate tribunal, patna bench, patna whereby the tribunal dismissed the appeal filed by the revenue and further allowed cross objection filed by the respondent-assessee.3 ..... learned counsel further submitted that the tribunal ought not to have expunged paragraph 8 of the appellate order passed by cit (appeal) which is contrary to the provision of section 251(1)(a) of the income tax act.6. mr. ..... notices were issued under section 148 of the act with the approval of the commissioner of income tax, ranchi. ..... on the basis of return of income tax filed by the respondent-assessee for the period 1988-89,1989-90,1990-91, 1991-92 and 1992-93 assessment were made under section 143(1) of the act. ..... noticing these facts the court of appeal held that unless income tax department proves by material facts that sales tax have, in fact, been realized and not paid, no addition can be made ..... the cit(appeal) further held that unless the income tax department proves by material fact that sales tax have, in fact, been realized and not paid, no addition can be made by resorting to surmises ..... subsequently, it game to the notice of the income tax authorities that respondent was consignment agent of various edible oils supplied outside the erstwhile state of ..... learned counsel submitted that the assessee was statutorily bound to pay sales tax and then take exemption under section 43b of the act. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004]137TAXMAN290(NULL)
..... the kerala high court stated as follows---'section 271(1)(c) of the income tax act, 1961, is attracted where, in the course of any proceedings under the act, the assessing officer or the first appellate authority is satisfied that : (a) any person has concealed the particulars of his income; or (b) has furnished inaccurate particulars of such income. ..... therein, the full bench of the patna high court considered the effect of the amendment brought about to section 271(1) of the income tax act and the addition of the explanation and noticed that the burden had shifted to the assessee from the department to offer a reasonable explanation for his furnishing an alleged inaccurate particulars or concealing a particular income and it was for the assessing officer to consider the acceptability or otherwise of that explanation. ..... the assessee sought a reference of five questions in his application under section 256(1) of the income tax act, filed before the income tax appellate tribunal, which decided that the question that really arose for decision was the one that has been quoted above by us in the beginning which, in effect, is an omnibus question covering all the aspects ..... there was no justification in omitting this amount in the revised return filed on 10-10-1985 and consequently, the imposition of penalty was justified. ..... it was not a case where entries were made on the relevant dates and the source of money was omitted. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR288(Jhr)]
..... in the argument advanced on behalf of the petitioners that hon'ble court in various decisions have consistently held that criminal prosecution under sections 276(c) and 277 of the income tax act, 1961 and under such circumstances as relevant in the present case is not maintainable and there was no additional tax liability on the enhanced income as held in 2nd appeal by the tribunal.10. ..... was alleged that the accused petitioners had willfully attempted to evade tax consciously and that they concealed the true particulars of income and, therefore, the petitioner had committed an offence as alleged punishable under sections 276(c) and 277 of the income tax act, 1961. ..... the order impugned dated 24.3.1992, passed by special court for economic offences, dhanbad whereby and whereunder cognizance of the offence was taken under sections 276(c) and 277 of the income tax act, 1961 against the petitioners.2. ..... the fact stated above and the propositions of law, this court finds that the criminal prosecution against the petitioners under sections 276(c) and 277 of the income tax act, pending in the special court for economic offences, dhanbad in complaint case no. ..... goes to show that against the assessment order on the basis of which the criminal complaint has been filed against the petitioners, the petitioners preferred an appeal which was allowed by the commissioner of income tax and the assessment order was set aside and the matter has been remanded for fresh assessment according to law. .....
Tag this Judgment!Court : Jharkhand
Reported in : (2005)196CTR(Jharkhand)469; [2005]276ITR127(Jharkhand); [2004(3)JCR568(Jhr)]
..... of india, including the development officers working with the 17 branches of jamshedpur division of the life insurance corporation of india, are exempted under section 10(14) of the income tax act, 1961 read with rule 2-bb of the income tax rules, 1962. ..... that there was no liability to tax on the amounts and consequently, there was no obligation on the life' insurance corporation of india in terms of section 192 of the income tax act to deduct the tax at source on those amounts, section 192 of the act imposes an obligation on any person responsible for paying any income chargeable under the head 'salaries' to deduct income tax on the amount payable at the average rate of income tax computed on the basis of rates ..... enforced for the financial year in which payment is made on the estimated income of the assessee under the head ..... division bench ultimately held that the development officers of the life insurance corporation of india are entitled to claim exemption under section 10(14) of the income tax act, of the conveyance allowance/additional conveyance allowance paid to them, upon satisfying the condition that such allowances have actually been spent .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR493(Jhr)]
..... our opinion, all these decisions either arising under the income tax act in relation to special mode of collection of tax or excise duty on timber dealers or other enactments have ..... ](2) where a manufacturer does not produce the ingots and billets of non-alloy steel during any continuous period of not less than seven days and wishes to claim abatement under sub-section (3) of section 3a of the central excise act, 1944, the abatement will be allowed by an order passed by the commissioner of central excise of such amount as may be specified in such order, subject to fulfillment of the following conditions, namely:(a) the manufacturer ..... the 31st day of march, 1998, or any other financial year, as the case may be, subject to the condition that the manufacturer shall not avail of the benefit, if any, under sub-section (4) of the section 3a of the central excise act, 1944 (1 of 1944):provided that for the month of september, 1997 the commissioner may allow a manufacturer to pay the sum of rupees five lakhs by the 30th day of september, 1997:provided further ..... counsel far the respondent contended that rule 96-zo(3) is contrary to section 3-a(4) of the act and, therefore, should be held to be ultra vires or the relevant rules should be read in such a manner so as to allow the procedure prescribed under the provisions of section 3-a(4) to be followed section 3-a of the act provides for levy and collection of the tax arising under the act in such manner and at such rate as may be prescribed .....
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