Judgment Search Results Home > Cases Phrase: income tax act 1961 section 126 omitted Court: jharkhand Page 3 of about 116 results (0.174 seconds)

Santosh Singh Vs. Commissioner of Income-tax and ors.

Court : Jharkhand

Reported in : [2001]248ITR532(Jharkhand)

..... after its seizurecatch note:the revenue , after obtaining some information about the petitioner having undisclosed income and not paying tax under the income tax act, 1961, carried out the search and in the course of search found an amount of rupees six lakhs lying in the account of the petitioner, which he was maintaining in the bank--in terms of section 132(1) of the act, it ordered seizure of the aforesaid amount as was discovered during the search operation carried out at the ..... premises of the petitioner and the bank, because the revenue suspected that the aforesaid amount was the undisclosed income ..... being found in an account of an assessee maintained in a bank or in a private finance company, the revenue or the assessing officer is of the opinion that it is not safe to keep the money there and, therefore, any order passed under sub-section (3) of section 132 of the act may be an exercise in futility and, therefore, the removal of the money alone will serve the interests of the revenue.application:also to current assessment year.decision:in favour of revenue.income tax act 1961 s.132

Commissioner of Income Tax Vs. Binod Kumar and Bros.

Court : Jharkhand

Reported in : [2008(1)JCR404(Jhr)]

..... this is a reference under section 256 of the income-tax act, 1961, whereby the following question has been referred by the tribunal for answer by this court:whether on the facts and in the circumstances of the case, income-tax appellate tribunal was justified in law to hold that no tax deduction at source is required where final assessment of the person from whose account such tax deduction at source is applicable results in nil demand, less demand or a refund?2 ..... aggrieved by the part of the relief allowed to the assessee, the revenue preferred second appeal before the income-tax appellate tribunal contending inter alia that the order of c.i.t. ..... by the said order of penalty, the assessee took up the matter in appeal before the commissioner, income-tax (appeal). ..... facts of the case lie in a narrow compass:because of the failure on the part of the assessee to deduct tax at source from interest paid to several parties, the assessing officer imposed penalty amounting to rs. ..... the appellate authority assessed interest under sub-section (1a) of section 201 in case of two creditors, namely, ..... that case, even if the assessee would have deducted such tax on the interest paid during the said years, it will not amount to refund and in that way, there is no loss of revenue or prejudice caused to the revenue for non-deduction of tax at source for those two assessment years.5. ..... to the appellate authority, unlike penalty under section 221 for charging of interest under section 201(1a) is mandatory. .....

Rajasthan Sewa Sadan Vs. Bihar State Electricity Board and ors.

Court : Jharkhand

Reported in : AIR2010Jhar12; 2009(57)BLJR2163

..... he further submits that vide order dated 13.11.1984 the commissioner of income tax has recognized the petitioner institution as a charitable institution under section 12a of the income tax act, 1961 and subsequently vide an order under section 80(g) of the income tax act, 1961 the donations made to the petitioner has been exempted from payment of income tax and this order has been renewed regularly.5. ..... in the aforesaid, document the learned counsel for the petitioner submits that the aforesaid issuance of certificates under section 12a and 80(g) of the income tax act, 1961 it becomes clear that the income tax department has recognized the petitioner as charitable institution.6. ..... singh, learned senior counsel appearing for the respondent board, submits that granting exemption and treating as a charitable institution by the income tax department does not ipso facto entitle the petitioner to claim domestic tariff since the board has not recognized the same till date. ..... according to the learned counsel for the petitioner the word 'recognised' will mean recognized by law and once the petitioner society is registered under societies registration act and is involved in charitable work of maintaining a hospital and a research centre relating to various diseases and cure thereof and since it provides free medical aid and treatment to the poor it falls within the category of domestic .....

Anand Prakash and ors. Vs. United Bank of India and ors.

Court : Jharkhand

Reported in : [2004(1)JCR329(Jhr)]

..... was as as-sessee of income tax department and all the aforesaid joint family accounts were duly disclosed by him in voluntary disclosure in 1975 under section 15(1) of the income tax act, 1961 (hereinafter referred to as 'the act') and was also accepted by the commissioner of income tax for the assessment year 1976- ..... the court decreed the suit holding that though the bank was required to comply with the demand of income tax officer, under section 226(3) of the act, but for that purpose the term deposits ought not to have been broken before the maturity and at best the bank could have attached the same till the period ..... opinion in compliance of the notice under section 226(3) for the recovery of the income tax demand against the plaintiff no. ..... contested the suit, inter alia, on the ground that it was duty bound under law to comply with the notice of the income tax department and pay the said amount from the plaintiffs accounts lying with it.6. ..... in compliance with the direction of the income tax officer sent bank draft (ext. ..... plaintiffs were not justified in asking for recovery of the amount which was deducted by the bank from their account, under the head premature withdrawal for the purpose of payment of demand of the income tax officer against the plaintiff no. ..... on 27.3.1979 the income tax officer sent notice to the united bank of india, jhumri tilaiya branch for recovery of ..... , under the head premature withdrawal from the term deposits for being sent to the income tax department.4. .....

Exide Industries Limited Through Its Branch Accountant Mr Debdatta Muk ...

Court : Jharkhand

..... in view of the aforesaid decision also, we, hereby, quash and set aside the notice of demand issued under section 46 of the jharkhand value added tax act, 2005 to be read with rule 17(2) of the rules thereunder dated 20th january, 2017 (annexure 15 to the memo of this ..... is already going on and the next date of hearing is fixed as 17th february, 2017.5) in view of these facts, the respondents-state should not have issued the notice of demand under section 46 of the jharkhand value added tax act, 2005 to be read with rule 17(2) enacted thereunder. ..... the revision application is dismissed, the respondent-state is always at liberty to issue such type of notices, if the legally payment amount is not paid by this petitioner towards jharkhand value added tax act, 2005 or under central sales tax act, 1956.7) this petition is allowed and disposed of. (d. n. ..... in exercising the powers of stay, the income tax officer should not act as a mere tax gatherer but as a quasi judicial authority vested with the public duty of protecting the interest of the revenue while the same time balancing the 5 need to mitigate hardship to ..... bombay high court in the case of the director of income tax(exemption), mumbai vs. ..... the income tax appellate tribunal mumbai branch, ..... and circumstances of the case, it appears that for the assessment year 2009-10, for this petitioner the assessment process was completed and the legally payable amount under jharkhand value added tax act, 2005 has been fixed at rs.9,86,38,648/-. .....

Commissioner of Income Tax, Jamshedpur Vs. M/S. Hitech Chemical (P) Lt ...

Court : Jharkhand

..... explanation to section 158ba, second proviso to section 158bc, section 158bf and first proviso to section 158bfa(2) of the income tax act,1961 are extracted below: explanation to section 158ba for the removal of doubts, it is hereby declared that (a) the assessment made under this chapter shall be in addition to the regular assessment in respect of each previous year included in the block period; (b) the total undisclosed income relating to the block period shall not include the income assessed in any regular assessment as income of such block ..... period; (c) the income assessed ..... to the above contention raised on behalf of the respondent-assessee it would be useful to notice the provisions under chapter xivb of the income tax act, 1961. ..... a search and seizure operation under section 132(1) of the income tax act (in short, the act) was conducted on 29.10.1998 simultaneously in the office premises of the assessee-company and at the residence of the managing director of the company .....

National Federation of Insurance Fields Workers of India Vs. Union of ...

Court : Jharkhand

Reported in : [2005]145TAXMAN116(NULL)

..... and additional conveyance allowance paid to development officers of the life insurance corporation 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 2bb of the income tax rules, 1962. ..... the 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 for the purpose for which they were given, wholly, necessarily and ..... cit : [1965]55itr448(guj) , a division bench of the gujarat high court help that in order to make the deductions under section 7(2)(iii) of the indian income tax act, 1922, the expenses must be wholly and necessarily incurred in the performance of duties of the office. ..... according to the petitioner, the conveyance allowance and the additional conveyance allowance are not taxable as salary income, since in terms of section 10(14) of the income tax act, the said allowances are not liable to be included in computing the total income of a previous year of any person and consequently, the tax on those amounts could not be deducted by the employer, the life insurance corporation of india, in terms of section 192 of the act. .....

Sukra Oraon Vs. Commissioner of Income Tax and ors.

Court : Jharkhand

Reported in : [2007(1)JCR223(Jhr)]

..... it is stated that under section 237 of the income tax act 1961, if the amount of tax exceeds in a particular assessment. ..... for better appreciation the finding of the income tax appellate tribunal is reproduced herein below:after hearing both the sides, i find that at the time of search, cheque book and pass book were found in the house of the assessee. ..... we have heard learned counsel for the parties and perused the order passed by the income tax appellate tribunal in the appeals filed by dr. ..... in the instant case the petitioner has enclosed the order of income tax appellate tribunal passed in the case of dr. ..... the petitioner was also assessed to tax with the income tax officer, ward no. ..... birsa oraon filed appeals before the income tax appellate tribunal being i.t.a. ..... in the aforesaid premises, the respondents are bound to give effect to the order passed by the income tax appellate tribunal. ..... on the 'basis of the aforesaid seizure, the amount found in the deposits were assessed as an undisclosed income in the hands of dr. ..... after passing of the order by the tribunal the petitioner made several representation for refund of the amount recovered from his bank account to satisfy the tax demand of dr. ..... aforesaid account were attached and the same were adjusted with the tax liability of dr. ..... year, the assessee is entitled to refund of the excess amount of tax. .....

Tata Workers' Union and Anr. Vs. Union of India (UOi) and Ors.

Court : Jharkhand

Reported in : (2002)176CTR(Jharkhand)325; [2002]256ITR725(Jharkhand)

..... section 17 of the income-tax act, 1961, in relation to 'salary', in sub-section (2) stipulates that 'perquisite' includes the value of rent-free accommodation provided to the assessee by his employer or the value of any concession in the matter of rent respecting any accommodation provided to the assessee by ..... notification, the central board of direct taxes, department of revenue, government of india in the ministry of finance, has brought about an amendment in the income-tax rules, 1962. ..... version of the respondents, this was decided in keeping with the recommendation of the expert group constituted to rationalise and simplify income-tax laws.10. ..... section 295 of the act gives powers to the board to make rules and subsection (2) thereof undoubtedly empowers the board to make rules for the determination of the value of any perquisite chargeable to tax under the act in such manner and on such basis as appears to the board to be proper ..... sub-section (4) reads thus :'(4) the power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the rules or any of them and unless the contrary is permitted (whether expressly or by necessary implication), no retrospective effect shall be given to any rule so as to prejudicially affect the interests ..... as the retrospective effect of the impugned notification is concerned, our attention was drawn to sub-section (4) of section 295 of the act. .....

indraprastha Agencies Vs. Commissioner of Income-tax

Court : Jharkhand

Reported in : (2004)187CTR(Jharkhand)632; [2004]266ITR320(Jharkhand)

..... section 148 of the income-tax act, 1961, were issued on the basis that the income had escaped assessment within the meaning of section 147 of the act ..... section 260a of the income-tax act, 1961, relate to the assessment years 1994-95, 1995-96 and 1996-97 under that act ..... the relevant details, then, it might have been a case for further investigation by the department or for resorting to the power available under section 131 of the income-tax act. ..... by the assessee was dismissed by the commissioner of income-tax (appeals) by a common order relating to the ..... in the state of bihar and investigations by the central bureau of investigation (cbi) and that it indicated the modus operandi, are not sufficient to enable the assessee to claim that out of the income received by it, a substantial portion should be excluded on the basis that it is a business expenditure or that it had not actually come to the credit of the assessee. ..... the income-tax appellate ..... agreeing with the assessing authority and the commissioner (appeals) that in the circumstances, the entire amount was liable to be taxed at the hands of the assessee, the tribunal affirmed the decision of the commissioner (appeals) and dismissed the appeals filed ..... had to be paid by way of bribe to the officials of the animal husbandry department, ministers and others and hence that part of the amount received by the assessee was not liable to be taxed as income at the hands of the assessee. ..... on the assessee under section 142(1) of the act. .....