Judgment Search Results Home > Cases Phrase: income tax act 1961 section 126 omitted Court: jharkhand Page 6 of about 116 results (0.251 seconds)

Gauri Chakraborty Vs. Tata Iron and Steel Co. Ltd. and ors.

Court : Jharkhand

Reported in : [2008(116)FLR127]; [2007(4)JCR495(Jhr)]; (2008)ILLJ920Jhar

..... provided by the fratuity rules are also approved by the commissioner of income tax, mumbai and the gratuity paid under the said scheme is calculated for exemption from income tax under section 10(10)(ii) of the income tax act, 1961.12. ..... the tisco who are governed by the provisions of tata iron and steel company limited retiring gratuity rules, 1937 which, according to learned counsel, are subject to the provisions of the payment of gratuity act, 1972, under which the deputy labour commissioner-cum-authority had directed the tisco to pay the gratuity payable to the appellant without compelling her to vacate the company's quarter.7. ..... such rules were allowed to operate by making specific provisions under sub-section (5) of section 4 of the payment of gratuity act, 1972 which reads as follows:section 4(5)--nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award of agreement or contract with ..... fourthly, sub-section (5) of section 4 of the payment of gratuity act, 1972 recognizes such rules of the employees in clear terms that the provisions of this section shall not affect the right of an employee to receive better terms of gratuity under any award of agreement or contract with ..... made in the company's retiring gratuity rules, 1937 are also well recognised and validated by the provisions of sub-section (5) of section 4 of the payment of gratuity act, 1972. ..... the provision contained in section 4(6) of the payment of gratuity act.2. .....

Sanjeet Rajan and Sujeet Ranjan Vs. State of Jharkhand

Court : Jharkhand

Reported in : [2003(3)JCR236(Jhr)]

..... below has rightly not acted upon those income tax returns ..... of the charge sheet under section 13(1)(e) read with 13(2) of the act and they did not have any adequate independent income of their own and charge sheet under section 13(1)(e) of the act has been submitted against dr ..... . pc and the learned special judge upon consideration of the record of the case and the documents submitted therewith under section 173 of the cr pc along with the charge sheet found sufficient ground for proceeding against the petitioners and a prima facie case having been made out against them ..... section 13(1)(e) read with 13(2) of the act, 1988 and also against his wife nirmal sinha and his two sons, who are the petitioners in this case, for the offence under section 109, ipc read with sections 13(1)(e) and 13(2) of the act as it has been revealed in the investigation that a substantial portion of assets disproportionate to the known sources of income ..... sinha whereas both the petitioners were prosecuted for the offence under section 109 of the indian penal code read with section 13(1)(e) and 13(2) of the act.annexure-b of the charge sheet gives the summary of the moveable assets held by petitioner sujeet ranjan ..... . pc is relevant and it mandates that if upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the .....

Commissioner of Income Tax Vs. Composite Tools Company (India) Ltd.

Court : Jharkhand

Reported in : (2009)221CTR(Jharkhand)294; [2008(2)JCR118(Jhr)]

..... however, the commissioner of income tax issued show cause notice under section 263 of the income tax act, 1961 (in short 'the act') for the purpose of revising the order of assessment which was made by the assessing officer under section 143(3) of the act. ..... this appeal under section 260a of the income tax act, 1961 is directed against the order dated 15.12.2006 passed by income tax appellate tribunal, circuit bench, ranchi in i.t.a. no ..... besides the above, it is well settled that order under section 263 of the act can be passed by the commissioner of income tax only if order passed by the assessing officer is erroneous, insofar as it is prejudicial to the interests of ..... from perusal of the order passed by the commissioner of income tax under section 263 of the act, it reveals that the assessee in its written submission has categorically stated that the gross value of plant and machinery as on 31.3.2001 is ..... by the said cutter passed by the commissioner of income tax, the respondent-assessee preferred appeal under section 260a of the act before the income tax appellate tribunal. ..... for example, when an income-tax officer adopted one of the courses permissible in law and it has resulted in loss of revenue; or where two views are possible and the income-tax officer has taken one view with which the commissioner does not agree, it cannot be treated as an erroneous order prejudicial to the interests of the revenue, unless the view taken by the income-tax officer is unsustainable in law .....

Commissioner of Gift-tax Vs. Sanjay Kapoor and anr.

Court : Jharkhand

Reported in : (2008)218CTR(Jharkhand)173; [2008]299ITR360(Jharkhand)

..... 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 circumstances of the case, the tribunal was justified in law to hold that the ..... no option but to hold that merely because the asses-see abandoned or did not claim any share in the investment allowance reserve, the same shall not be treated as a deemed gift within the meaning of section 4(1)(c) of the gift-tax act.in the result, the question is answered accordingly in favour of the assessee. ..... held that the revenue authority has failed to prove the presence of essential ingredients laid down under section 4(1)(c) of the gift-tax act so as to make the assessee liable for payment of tax on the said amount.3. ..... therefore, treated this amount as deemed gift under section 4(1)(c) of the gift-tax act and held that the assessee was liable to pay tax on the said amount. ..... ]245itr831(sc) , held that there was no gift within the meaning of section 4(1)(c) of the gift-tax act.7. ..... not a deemed gift under section 4(1)(c) of the gift-tax act?2. ..... said order, the assessee preferred an appeal before the commissioner of income-tax (appeals), ranchi, in short 'the cit (appeals)'. ..... second appeal before the income-tax appellate tribunal. ..... considering the provisions of the gift-tax act, the court observed as follows (page 835):to recapitulate, when the assessee retired from the two firms, he received the value of his shares therein and the argument was that what .....

Commissioner of Income-tax Vs. Eastern Tar P. Ltd.

Court : Jharkhand

Reported in : [2008]301ITR427(Jharkhand)

..... interest 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 profits and gains derived from the industrial undertaking. ..... on 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 profits 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. ..... references under section 256(1) of the income-tax act, 1961, the following questions have been referred to this court for opinion:(1) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in holding that the interest income on fdr with bank and on deposit with idbi is part of the profits and gains derived from an industrial undertaking attracts section 80i of the income-tax act? ..... in 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? .....

Deepak Kumar Sanwaria Vs. The State of Jharkhand

Court : Jharkhand

..... comotrade private limited company at any point of time and the notice for penalty under section 221(1) of the income tax act, 1961 dated 31.08.2016, copy of which is kept at page 27 of the brief, has been issued consequent upon the reassessment of the income tax liability and the petitioner certainly could not have contemplated about the reassessment will be made by income tax department in the year 2014 or 2016, when he assured the informant that the said ..... it is also submitted that the notice under section 221 (1) of the income tax act copy of which is kept at page 27 of the brief is not a notice after reassessment but is a notice for demand for payment of the income tax which the said company defaulted in paying in the ..... informant on the other hand opposes the prayer for grant of anticipatory bail and by drawing attention to the statement made by the petitioner before the income tax authority under oath it is submitted that the petitioner was very much associated with the said bhavesh comotrade private limited and was well aware about the tax liability of the said company but deliberately withheld the same from the informant. ..... a raid was conducted by the income tax department on the offices of the informant and the share holders of the company namely surendra agarwal and yogendra agarwal and after the raid, the income tax department raised a demand of rs ..... gave his guarantee that there is neither any wrong with the company nor any income tax due was payable by the said company. .....

Tata Iron and Steel Company Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(4)JCR149(Jhr)]

..... ]107itr195(sc) the supreme court considering the claim for exemption under section 15 c of the indian income tax act, 1922 took the view that once the new industrial undertaking is separate and independent production unit in the sense that the commodities produced or result achieved are commercially tangible products and the undertaking ..... counsel for the petitioner met this contention by pointing out that in the earlier judgment, directing the petitioner to invoke the jurisdiction of the commissioner under section 46(4) of the act, this court had observed that in case the petitioner was aggrieved by the decision of the commissioner, the petitioner may approach this court and on the basis of that direction, the petitioner was entitled to approach ..... on 15.12.2000, the bihar finance act, 1981, the bihar sales tax act, 1983 and the central sales tax act were extended to the state of jharkhand. ..... in commissioner of income-tax, amritsar v. ..... the tata iron, and steel company limited (tisco), an assessee to sale tax under the bihar finance act and claimed the benefit of the jharkhand industrial policy, 2001 and the notification issued pursuant thereto under section 22 of the bihar finance act. ..... though the petitioner company sought to challenge this order directly in this court, this court declined to entertain the writ petition and directed the company to invoke the revisional jurisdiction of the commissioner of commercial taxes, under section 46(4) of the bihar finance act. .....

Surya Sonal Singh Vs. Directorate of Enforcement Ranchi

Court : Jharkhand

..... it is further submitted that even the assessment of ankita singh was reopened under sections 148 of the income tax act and it was found that the said entries were duly reflected and the same can be ascertained from the assessment order for the assessment year, ..... 11 it is further submitted that even the assessment of ankita singh was reopened under sections 148 of the income tax act and it was found that the said entries were duly reflected and the same can be ascertained from the assessment order for the assessment year, ..... the income was duly assessed by tax assessment order under section 13(3) of the income tax act on ..... further submitted that the income tax returns filed by narendra mohan singh were put under regular scrutiny under section 143(2) of income tax act. ..... also reopened and re assessed under section 148 of the income tax act. ..... was also reopened and re assessed under section 148 of the income tax act. ..... madhu singh under section 109 of the i.p.c r/w 13(2) and 13(1)(e) of the prevention of corruption act, 1988 with the allegation he acquired assets disproportionate to his known sources of income to the tune of rs.5,46,07,597/ during the period of march, 2005 to ..... disproportionate sources of income during the period march, 2005 to july, 2009, in his own name and in the name of his family members while functioning as a public servant and thus, allegedly committed offences under section 109 of i.p.c and under section 13(2)/read with 13(1)(e) of prevention of corruption act, 1988. .....

Tarun Roy Vs. The State of Jharkhand Through the Superintendent of Pol ...

Court : Jharkhand

..... orders were passed in terms of the provisions laid down in the income tax act. ..... he submits that after setting aside the assessment orders, the matters were remanded for fresh decision and the petitioner being the income tax officer, took into consideration the observations and directions 3 made in the orders passed by tapas kumar dutta and thereafter passed the ..... in the first information report is that one tapas kumar dutta, principal commissioner of income tax, ranchi entered into a criminal conspiracy with other income tax officers and other persons and thereafter transferred the income tax files of several assesses from kolkata to ranchi and hazaribagh. ..... after going through the records and after hearing the parties, i find that the petitioner was an income tax officer and admittedly he has passed the re- assessment orders, by which the demands in respect of companies, i.e., ..... bureau of investigation, during investigation in respect 4 of the companies mentioned in the first information report, is of the view that there are probabilities that similar type of benefits may have been provided by the income tax officers to other companies, as such they are investigating that aspect also. ..... deo, advocate ---- order reserved on1212.2017 pronounced on1812.2017 the petitioner is an accused for allegedly committing an offence punishable under sections 120b, 511 of the indian penal code, sections 7, 12 and 13(2) read with section 13(1)(d) and 15 of the prevention of corruption act, 1988.2. .....

Vinod Kumar Pal Vs. The State of Jharkhand Through Cbi

Court : Jharkhand

..... said order was passed in terms of the provisions laid down in the income tax act. ..... he submits that after setting aside the assessment order, the matter was remanded for fresh decision and the petitioner being the income tax officer, took into consideration the observations and direction made in the order passed by tapas kumar dutta and thereafter passed the ..... in the first information report is that one tapas kumar dutta, principal commissioner of income tax, ranchi entered into a criminal conspiracy with other income tax officers and other persons and thereafter transferred the income tax files of several assesses from kolkata to ranchi and hazaribagh. ..... after going through the records and after hearing the parties, i find that the petitioner was an income tax officer and admittedly he has passed the re- assessment order, by which the demand in respect of one of the companies, ..... central bureau of investigation, during investigation in respect of the companies mentioned in the first information report, is of the view that there are probabilities that similar type of benefits may have been provided by the income tax officers to other companies, as such they are investigating that aspect also. ..... deo, advocate ---- order reserved on1212.2017 pronounced on1812.2017 the petitioner is an accused for allegedly committing an offence punishable under sections 120b, 511 of the indian penal code, sections 7, 12 and 13(2) read with section 13(1)(d) and 15 of the prevention of corruption act.2. .....