Court : Jharkhand
Reported in : 2005(2)BLJR1347; 2005CriLJ2318; (2005)197CTR(Jharkhand)156; [2005]275ITR268(Jharkhand); [2005(3)JCR397(Jhr)]
..... for the offence punishable under sections 276c and 277 of the income-tax act, 1961 (hereinafter referred to as 'the act').2. ..... in the present case, the question arises as to whether in view of the judgment rendered by the income-tax appellate tribunal in favour of the company, the criminal proceeding for alleged offence, under sections 276c and 277 of the income-tax act is called for or not.20. ..... officer under section 143(3) more so when the assessing officer cancelled the penalty levied.in our view, once the finding of concealment and subsequent levy ..... on the ground that there is no concealment, the quashing of prosecution under section 276c is automatic.in our opinion, the appellants cannot be made to suffer and face the rigorous of criminal trial when the same cannot be sustained in the eyes of law because the entire prosecution in view of a conclusive finding of the income-tax tribunal that there is no concealment of income becomes devoid of jurisdiction and under section 254 of the act, a finding of the appellate tribunal supersedes the order of the assessing .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1552; (2007)210CTR(Jharkhand)602; [2007]290ITR114(Jharkhand); [2007(3)JCR264(Jhr)]
..... the petitioner who is the assessee has prayed for quashing the impugned notice purportedly issued under subsection (1) of section 142 of the income tax act 1961 (in short the act) and for a direction upon the respondents not to continue with the assessment proceeding in respect of the assessment year in question. ..... making requisition.65.4 the new section 153a provides the procedure for completion of assessment where a search is ..... lay down the manner in which such income is to be computed.65.2. the finance act, 2003, has provided that the provisions of this chapter shall not apply where a search is initiated under section 132, or books of account, other documents or any assets are requisitioned under section 132a after 31st may, 2003, by inserting a new section 158bi in the income-tax act.65.3 further, three new sections 153a, 153b and 153c have been inserted in the income-tax act to provide for assessment in case of search or .....
Tag this Judgment!Court : Jharkhand
Reported in : (2007)213CTR(Jharkhand)557; [2008]298ITR78(Jharkhand); [2006(4)JCR21(Jhr)]
..... at the instance of the assessee, on an application filed under section 256(2) of the income tax act, 1961 the income tax appellate tribunal, patna bench, patna, has referred the following question to this court for decision relating to assessment year, 1984-85:(i) whether the tribunal is correct in law in holding that on computer, investment allowance and additional ..... in view of the varied functions which the 'system' is capable of performing, data processing machines cannot be classified as 'office appliance' and are eligible for allowance of development rebate under section 33(1) of the income tax act, 1961 (corresponding to section 10(2)(vib) of the indian income tax act, 1922). 11. ..... 39,784 and additional depreciation under section 32(1)(iia) of the income-tax act, 1961, on a computer purchased by the assessee during the previous year relevant to the assessment year, it appears to us from the order of the tribunal that there is no dispute that the computer purchased by the assessee is not part of the ..... it was held that the computer utilized in that case should be treated as an apparatus and as a plant for the purpose of section 43(3) of the income tax act, 1961. ..... ibm world trade corporation : [1986]161itr673(bom) and held that data processing machines are not office appliances and are entitled to development rebate under section 33 of the income tax act, 1961.7. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR679; (2008)218CTR(Jharkhand)506; [2008(3)JCR667(Jhr)]
..... earned on bank fdr's) for the assessment year 1990-91 should not have been considered for the purpose of allowance of deduction under section 80i of the income tax act, 1961 as according to him the said interest income did not form part of the profit and gains derived from the industrial undertaking. ..... the facts and in the circumstances of the case, the income tax appellate tribunal was right in law in holding that the interest on fdr with bank and on deposit with idbi is part of the profit and gains derived from an industrial undertaking to which section 80i of the income tax act, 1961 applies and thereby qualifying for deduction under section 80i of the income tax act, 1961?2. ..... law in holding that the cost of technical know-how which was paid for by the assessee by way of shares in the assessee-company is includible in the capital for the purpose of computation of relief under section 80j of the income-tax act, 1961, under rule 19a(2), clauses (ii) and (iii) of the income-tax rules, 1962, for 1970-71 and 1971-72 assessment years. ..... observed that in computing the total income of the assessee carrying on the business of an industry specified under section 80e of the income-tax act, 1961, for the purpose of special deduction permissible thereunder, the balancing charge arising as a result of sale of old machinery and buildings and worked out in accordance with section 41(2), irrespective of its real character, has to be taken into account and included as income of the business. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR673; [2008]300ITR90(Jharkhand)
..... question of law which has been referred by the income tax appellate tribunal, patna bench, patna in the instant reference under section 256(1) of the income tax act (in short the act) is 'whether in the facts and circumstances of the case the income tax appellate tribunal, patna was justified in holding that incentive bonus earned by the assessee, a development officer of life insurance corporation of india (in short lic) is salary as defined under section 17 of the act keeping in view the terms, conditions, rules and regulations ..... being aggrieved by the reassessment under section 143(3) and 147 of the act the assessee went in appeal before the commissioner, of income tax (appeals) and by order dated 19.7.95 passed in i.t. ..... the revenue, being aggrieved by the order of commissioner of income tax (appeals) preferred appeals before the income tax appellate tribunal being revenue appeal nos. ..... the matter was taken up by the assessing officer under section 154 of the act and later on approval was taken from the deputy commissioner for reopening of the case under section 147 of the act and notice under section 148 of the act was issued and the reassessment proceeding under section 143(3) and 147 of the act was completed by the a.o. on 16.3.94. ..... thereafter, an order under section 143(3) of the act was passed on 26.6.89 determining the total income of the assessee at rs. ..... the full bench of karnataka high court in the case of commissioner of income tax. v. m.d. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR63(Jhr)]
..... , ranchi under section 260a of the income-tax act, 1961 against the order dated 27th may, 2002, passed by the income tax appellate tribunal, patna bench, patna; circuit bench at ranchi in i.t.a.no. ..... , ranchi, under section 260a of the income-tax act, 1961 against the order dated 27th may, 2002, passed by the income tax appellate tribunal, patna bench, patna; circuit bench at ranchi in i.t.a.no. ..... (supra), we are of the view that the revenue-commissioner of income-tax, ranchi (appellant in both the appeals) should first move before the high power committee to get the dispute resolved between the two organizations; one central government and the other public sector undertaking of ..... 12 of 2003 has been preferred by the revenue-commissioner of income-tax, central revenue building, ranchi, against the same assessee i.e. ..... 25 of 2002 has been preferred by the revenue-commissioner of income-tax, central revenue building, ranchi, against the assessee m/s metallurgical engineering consultants (india) ltd. ..... learned counsel for the revenue-commissioner of income-tax, ranchi, submitted that the revenue has the right to enforce its right in a court of law and the same can not be taken away.5. ..... these are all limbs of the government and must act in coordination and not confrontation. ..... chairman, central board of directors (tax) reported in : [2004]267itr647(sc) relevant portion of which is quoted hereunder:8. ..... the other tax appeal no. ..... tax appeal no. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR656
..... 6 lakh seized by it during the search carried out at the premises of the petitioner until an order in terms of section 132(5) of the income tax act, 1961 was passed and, secondly, whether the search and seizure as ordered in terms of section 132(1)(c) of the act and the consequential orders passed under section 132(5) of the act by the assessing officer and the appellate order passed by the commissioner under section 132(12) of the act were correct or not? 3. ..... briefly stated, the facts giving rise to these writ petitions are that the revenue after obtaining some information about the petitioner having undisclosed income and not paying tax under the income tax act, 1961, carried out search and in course of search found an amount of rs. ..... we have also seen the order passed under sub-section (5) of section 132 of the act by the assessing officer and also the order passed in appeal by the commissioner of the income tax under sub-section (12) of section 132 of the act and found that these two orders do not suffer from any illegality or error or irregularity. ..... to judge whether, after the money has been seized, to allow it to remain in the bank or at such other place or it will be in the interest of the revenue to remove it from there physically and to keep the same with the income tax department in the account of the central government till an appropriate order is passed under sub-section (5) of section 132 of the act. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR2182
..... the petitioner challenges the initiation of proceedings under section 147 of the income tax act and with regard to the issuance of the notices in terms of section 148 of the income tax act, 1961 on the ground that the assessing officer has wrongly obtained the approval of the joint commissioner before issuing the impugned notices whereas he should have obtained the approval of the board because that was ..... the requirement of law as it stood in the year 1988, relating to the assessment year 1988-89.2. admittedly the petitioner received a notice in terms of section 148 of the income tax ..... . section 151 of the income tax act, 1961 is in the nature of procedural law ..... . 1961 (the notice is dated 8.12.1998) whereby the petitioner was informed by the assessing officer that he had reasons to believe that his income chargeable to tax for the assessment year 1988-89 had escaped assessment within the meaning of section 147 of the act and that, therefore, the assessing officer proposed to reassess the income for the aforesaid assessment year and accordingly notice under section 148 of the act was issued asking the petitioner to deliver to the assessing .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR442; [2007(4)JCR639(Jhr)]
..... by this reference under section 256(1) of the income tax act, 1961, the following question of law was referred to this court:whether on the facts and circumstances of the case the hon'ble tribunal has correctly interpreted the provisions of section 206 of it act with regard to the requirements of preparation and filing of statements prior to amendment and after the amendment (amendment was brought about ..... that this interpretation of mine may make section as obvious and nonunctionary, but i am unable to read a penal section longer than it has been worded.4. ..... the legislature consured the lacuna and, therefore, section was suitably amended to prescribed the time for delivery ..... the amendment if the prescribed form is prepared within stipulated time no penalty could be levied even if it was not delivered as no time was stipulated in the section for submission of the return. ..... to be filed by a person who is deducting the tax at source before payment to the contractors and sub-contractors ..... having regard to the subsequent amendments made in the act and also having regard to the fact that one policy decision was taken by the ..... 30,400/- under section 272a(2) in failure ..... a part of section in the relevant period was as follows (assessment year 1989-90):shall prepare within the prescribed time after the end of each financial year and deliver a cause to be delivered.this part was amended ..... 279/126/98 dated 27th march, 2000, we do not find it necessary to answer the reference especially in the facts of .....
Tag this Judgment!Court : Jharkhand
Reported in : [2009]310ITR348(Jharkhand); [2008(2)JCR185(Jhr)]
..... in this writ application the petitioner has challenged the notices dated 5.2.2007 and 16.4.2007 issued by the assistant commissioner of income tax, circle 3, ranchi purported to have been issued under section 148 and section 142(1) respectively of the income tax act, 1961 calling upon the petitioner-assessee for filing return.2. ..... their lordship observed as under:by the order under challenge, a division bench of the high court at delhi dismissed the writ petition filed by the appellant challenging the validity of notices issued under sections 148 and 143(2) of the income-tax act, 1961. ..... however, we clarify that when a notice under section 148 of the income tax act is issued, the proper course of action for the notice is to file a return and if he so desires, to seek reasons for issuing notices ..... however, on 7.2.2007 petitioner received two notices under section 148 of the act issued by the assistant commissioner of income tax, circle-i, ranchi for reopening of the assessment for the assessment year 2003-04 asking the petitioner to file return in the prescribed form ..... counsel further submitted that the assessing officer while issuing notice has not recorded satisfaction of the escapement of income as required under section 147 of the act but he acted only on the basis of the observation made by the commissioner of income tax.4. ..... is further stated that no direction was issued by the commissioner of income tax to the assessing officer to initiate proceeding under section 147 of the act. .....
Tag this Judgment!