Judgment Search Results Home > Cases Phrase: income tax act 1961 section 126 omitted Court: jharkhand Page 5 of about 116 results (0.351 seconds)

Nitin Kumar Saraf Huf Vs. Union of India Through Secretary Ministry of ...

Court : Jharkhand

..... appearing for the petitioners submitted that vires of section 234e of the income tax act, 1961 is under challenge in these writ petitions. ..... matters have been argued, at length, by the counsels for the petitioners and it has been submitted that section 234e as well as section 271h have been incorporated by way of finance act, 2012 in the income tax act, 1961. ..... passed by the hon'ble high court of karnataka at bangalore and also looking to the order passed by the hon'ble high court of kerala at ernakulam, the operation, implementation and execution of notice issued under section 234e of the income tax act, 1961 may kindly be stayed. ..... for the petitioners in all the aforesaid writ petitions submitted that looking to the counter-affidavit filed by the respondent- assistant commissioner of income tax (tds), ranchi, nowhere it has been stated that what services are being rendered by the income tax department to the assesses. ..... having heard the counsels for the income tax department and also the counsels for the petitioners, notice upon attorney general of india ..... counsel appearing for the income tax department is also seeking time to file additional ..... additional reply shall be filed by commissioner of income tax, ranchi.8. ..... for non-filing of the statement of tds or tax collected, there can be a penalty under section 271h as quantified minimum and maximum under sub-section (2) thereof and for the very same purpose or for the very same default, fee is also made 3 leviable under section 234e. .....

Man Singh, Partnership Firm Vs. State of Jharkhand Through the Commiss ...

Court : Jharkhand

Reported in : [2003(3)JCR333(Jhr)]; [2006]143STC6(Jharkh)

..... support from annexure-5 statement filed before the authority under the income-tax act to support this part of his argument. ..... the argument of the assessee that the statement filed by him before the income-tax authority should have, been accepted, was rejected on the ground that all entries in the books of accounts of the assessee supported by relevant materials had been accepted and there was no error in ..... held that the assessee had not been able to make out a case that the assessment was on the basis of rule 13 a of the bihar sales tax rules and that this was a case where the assessee had produced its books of accounts and the authority had assessed based on the same. ..... it was again argued before the revisional authority that the assessing authority had erred in proceeding on the basis of rule 13 a of the bihar sales tax rules, 1983 and the assessing authority had erred in not accepting the claim for deduction of other expenses incurred by the assessee' and to that extent the order of ..... counsel further submitted that the petitioner should have sought a reference in terms of section 48 of the bihar finance act and where such an alternative remedy was available, it is not proper for this court to exercise its jurisdiction under article 226 of the constitution of india in ..... the dismissal of the appeal, the assessee filed a revision before the commercial taxes tribunal, jharkhand under section 46 of the bihar finance act. ..... not seek a reference in terms of section 48 of the bihar finance act. .....

Shri Dehati Stapana Nyas Tlhpdf Reprr Thr Its Trustee Cum Authorized P ...

Court : Jharkhand

..... it has also been granted registration under section 12a/12aa of income tax act, 1961, which exempts the appellant to pay tax on incomes and donations received. ..... of proceeds of crime], it may serve a notice of not less than thirty days on such person calling upon him to indicate the sources of his income, earning or assets, out of which or by means of which he has acquired the property attached under sub section (1) of section5, or, seized [or frozen] under section 17 or section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved ..... mahesh tewari, the learned counsel for the appellant contends that appellant nyas is a body of individuals covered under section 2(s)(v) which defines person and section 6(15) of prevention of money laundering act, 2002 mandates that the adjudicating authority shall be guided by the principles of natural justice and while so, order dated 12.05.2014, whereby properties of nyas have been attached, could not have been passed without hearing ..... 2896 of 2014, whereby and whereunder challenge by the appellant writ petitioner (hereinafter referred to as appellant ) to order dated 12.05.2014 passed under section 6 of prevention of money laundering act, 2002 has failed, the appellant nyas has preferred the present letters patent appeal. 2. ..... aaits6216n and the trust is an individual assessee under income tax laws. .....

Adityapur Industrial Area Development Authority Vs. Union of India (Uo ...

Court : Jharkhand

Reported in : (2003)185CTR(Jharkhand)384; [2003]262ITR289(Jharkhand); [2003(3)JCR4(Jhr)]

..... obviously, explanation to section 10(20) of the income tax act was introduced by finance act, 2002 clarifying which are local authorities and excluding from them, corporations or authorities like the petitioner herein and the deletion of section 10(20a) of the income tax act clearly indicates that the mischief sought to be remedied was to keep out corporations or authorities like the petitioner created under various enactments from claiming exclusion of their income under the income tax act and to bring them within the purview of the income tax act. ..... in view of the amendment brought to section 10(20) of the income tax act by the finance act 2002 explaining which are the local authorities whose incomes are not chargeable to tax under the act and the deletion of section (20a) providing for exclusion of the income of an authority constituted under any law enacted for the purpose of meeting the need for housing accommodation and for the purpose of planning, development or improvement of the cities, towns and villages, the deputy commissioner of income tax. t.d.s. ..... the supreme court reversing the decision of the gujarat high court held that section 10(20a) of the income tax act was wide enough to cover incomes of corporations like the gujarat industrial development corporation, but what is to be noted here is that the claim based on the exemption under article 289(1) of the constitution was not pursued before the supreme court.5. .....

Commissioner of Income-tax Vs. Karimia Trust

Court : Jharkhand

Reported in : (2008)218CTR(Jharkhand)670; [2008]302ITR57(Jharkhand); [2008(1)JCR513(Jhr)]

..... by this application under section 256(1) of the income-tax act, 1961, the following questions of law have been referred to this court for opinion:1. ..... before answering the questions, i would first like to consider the relevant provisions of the income-tax act, 1961.10. ..... although the assessee was allowed exemption under section 11 of the act till 1976-77 but for the first time exemption from income tax was disallowed in view of provisions of section 13(1)(bb) of the act by the assessing officer. ..... it was for the first time the assessing officer denied exemption from income tax in view of provisions of section 13(1)(bb) of the act. ..... for religious purposes or a religious institution (whenever created or established) or a trust for charitable purposes of a charitable institution created or established before the commencement of this act, the provisions of sub-clause (ii) shall not apply to any use or application, whether directly in directly, of any part of such income or any property of the trust or institution for the benefit of any person referred to in sub-section (3) in so far as such use or application relates to any period before the 1' day of june, 1970;(d) ...(i) ...(ii) ... ..... clause (bb) in section 13 was inserted by the taxation laws (amendment) act, 1975 with effect from 1.4.1977, but the said clause was finally omitted by the finance act, 1983 with effect from 1.4.1984.12. .....

Kavee Enterprises (P) Ltd. Vs. Commissioner of Income Tax

Court : Jharkhand

Reported in : (2008)218CTR(Jharkhand)176; [2008]301ITR156(Jharkhand); [2008(1)JCR362(Jhr)]

..... on an application filed under section 256(2) of the income tax act 1961 (shortly the act) this court passed order on 6.4. ..... 1998 directing the income tax appellate tribunal to refer the following questions:(i) whether assigning the reason for issuance of notice under section 148(2) of the income tax act is imperative and under the facts and circumstances whether before issuance of notice, the income tax officer has complied with this imperative provision? ..... 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 return and if he so desires, to seek reasons for issuing notices. ..... and for coming to an objective conclusion authorizing the income tax officer to take action under section 147(a), are required to confine themselves only to the reasons recorded by the income tax officer.therefore, looking at the entire scheme and purpose of the act, i am of the considered view that the validity of the assumption of jurisdiction under section 147(a) can be tested only by reference to the reasons recorded under section 148(2) of the act and the income tux officer is not authorized to refer to any other .....

Raj Kumar Singhania Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2007(4)JCR232(Jhr)]

..... in this writ application under article 227 of the constitution of india the petitioner has prayed for quashing the order dated 9.3.2007 passed by commissioner of income tax, hazaribagh under section 127 of the income tax act, 1961 (shortly the act) whereby and where under the case of the petitioner has been transferred from the income tax officer ward 1 (2), hazaribagh to assistant commissioner of income tax cc 3 new delhi.2. ..... before appreciating the rival contention of the parties i would first like to quote section 127 of the income tax act as amended by direct tax laws (amendment) act, 1987 (act 4 of 1988). ..... jhunjhunwala learned counsel appearing on behalf of the revenue drew our attention to the counter-affidavit and submitted that the commissioner of income tax, new delhi gave his concurrence for centralization of the above cases with assistant commissioner of income tax central; circle new delhi and accordingly, requested the commissioner of income tax, hazaribagh to pass order under section 127(2) of the act. ..... learned counsel lastly submitted that no administrative approval or concurrence was sought for from the commissioner of income tax, ranchi in the matter of transfer of the files of the petitioner from hazaribagh to new delhi which was the mandatory requirement of section 127 of the act.4. mr. k.k. ..... counsel submitted that the impugned order passed by the commissioner of income tax, hazaribagh is incomplete and total disregard of the mandate of section 127 of the act. .....

Omec Engineers Vs. Commissioner of Income Tax

Court : Jharkhand

Reported in : (2008)217CTR(Jharkhand)144; [2008(1)JCR221(Jhr)]

..... in the instant case, the tribunal referred the following question of law under section 256(1) of the income-tax act, 1961 for opinion by this court:whether in the facts and circumstances of the case, there was reasonable cause for the assessee to receive the loans and deposits in ..... by the tribunal, it would be useful to consider the purpose and object of insertion of the provisions of section 269ss, 271d and 273b of the income-tax act, 1961.12. ..... company: shall have the meaning assigned to it in clause (a) of the explanation to section 40a(i) of the income-tax act and the expression 'co-operative bank' shall have the meaning assigned to it in part v of the banking regulation act, 1949. ..... under section 143(3) of the income-tax act. ..... with a view to circumventing this device, which enables taxpayers to explain away unaccounted cash or unaccounted deposits, the bill seeks to make a new provision in the income-tax act debarring persons from taking or accepting after 30th june, 1984, from any other person any loan or deposit otherwise than by an account payee cheques or account payee bank ..... to be recorded in writing notify in this behalf in the official gazelle; [provided further that the provisions of this section shall not apply to any loan or deposit where the person from whom the loan or deposit is taken or accepted and the person by the whom the loan or deposit is taken or accepted are both having agricultural income and neither of them has any income chargeable to tax under this act. .....

Commissioner of Income Tax Vs. Express Printing Works

Court : Jharkhand

Reported in : [2008]298ITR285(Jharkhand); [2008(1)JCR527(Jhr)]

..... by this reference under section 256(1) of the income tax act, 1961, the following question has been referred to this court:whether on the facts and in the circumstances of the case, the hon'ble itat was justified in law in directing not to withdraw the investment allowance already granted as wrongly allowed to the assessee firm as per the provision contained in subsection c of section 155(4a) of the it act, 1961?2. ..... 2,52,143/- had been transferred to the partners' capital account in the assessment year 1986-87, proceeded under section 155(4a) of the act and passed an order to withdraw the investment allowance thereby making addition of the aforesaid amount to the assessee firm under loss originally assessed. ..... the cit (appeals) differed with the findings arrived at by the assessing officer and allowed the appeal preferred by the assessee against which the department preferred a second appeal before the income tax appellate tribunal at patna. ..... aggrieved by the said order passed by the assessing officer, the assessee preferred an appeal before the commissioner of income tax (appeals). .....

G.P. Pandey Vs. Union of India

Court : Jharkhand

Reported in : [2006]151TAXMAN79(NULL)

..... hand, firstly submitted that the allegation against the petitioners are not only committing offence under the provisions of the income tax act but also under section 409 of the i. p. c. ..... petitioners were liable under section 276b, read with section 278b of the income tax act.3. ..... although the allegation has been made against the petitioners for committing breach of trust there is no allegation that the petitioners, after deducting taxes misappropriated the same for their personal use instead of depositing the same with the complainant. ..... no categorisation of cases where the power is to be exercised under section 205 of the code can be made but generally, pardanashin women, old and sick persons, factory workers and labourers, busy business people or public functionaries are to be given the benefit of the ..... learned counsel submitted that for getting benefits of section 205 the accused person has to appear once at the first instance in response to summons and then make a ..... , allegations were made that the petitioners were responsible for deduction of tax from the salary of the employees of different sections of the h.e.c. ..... in all these revision applications filed under section 397/401 of the code of criminal procedure, 1973 (hereinafter referred ..... serious nature and not a technical offence and, therefore, the petitioners are not entitled to be exempted from appearance in court and they are not entitled to get the benefits of the provisions of section 205 of the code of criminal procedure.4. .....