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Commissioner of Income Tax Vs. Shreyas Land Development Corpn.

Court : Gujarat

Reported in : (2003)184CTR(Guj)607

..... (1990) 181 itr 314 (ap) concurred with.application:section 144b omitted by the direct tax laws (amendment) act, 1987, with effect from 1-4-1989decision:in favour of revenue.income tax act 1961 s.263 a.r. ..... , the following question has been referred to this court for its opinion under the provisions of section 256(1) of the it act, 1961 (hereinafter referred to as 'the act'), by the tribunal, ahmedabad bench 'c' :'whether, on the facts and in the circumstances of the case and in law the tribunal was right in coming to the conclusion that since the assessment order was passed by the ito under section 143(3) r/w section 144b of the it act the order of the cit under section 263 was invalid ?'2. ..... orderassessment order passed under section 143(3) read with section 144bcatch note:the assessment order passed by the assessing officer under section 143(3) read with section 144b could be revised by the commissioner under section 263.ratio:the assessment order passed by the assessing officer under section 143(3) read with section 144b could be revised by the commissioner under section 263.case law analysis:cit v. ..... special bench in the said case, wherein a similar legal question has been raised, the tribunal came to the conclusion that the cit was not empowered to take into revision an order passed by the ao under section 143(3) r/w section 144b of the act.4. .....

Ashoka Marketing Limited Vs. Income Tax Officer, Ward 7(1) and ors.

Court : Kolkata

Reported in : (2002)3CALLT495(HC)

..... of 1981, the similar order passed by this court as follows : in this writ petition section 144b of the income tax act, 1961 (hereinafter referred to as the act) was challenged. ..... according to the petitioner, the moot point of moving this writ petition is that the notices issued under section 143(2) and 142(1) of the income tax act, 1961 both dated 12th february, 2002 in connection with theproceedings for assessment year 1975-76 shall be cancelled, withdrawn and rescinded by the order or orders of this court ..... april, 1979 such court was pleased to modify the interim order passed earlier on 9th april, 1979 and the authority was given liberty to continue and complete the proceedings under section 144b of the act of the assessment year 1975-76 but the final order passed, if any, will not be communicated to or enforced against the petitioner till the disposal of the rule. 4. ..... october, 1978 a draft order of assessment was sent by the income tax officer under section 144b, then existing, as the variation proposed to be made by the income tax officer exceeded a sum of rs. ..... the petitioner in the garb of such liberty, income tax authority issued notice under section 143(2) read with section 142(1) upon the petitioner. ..... that the draft assessment order in relation to such assessment year passed under section 144b was quashed in view of omission of the section itself by the direct tax laws (amendment) act,1989. ..... section 144b was omitted by the direct tax laws (amendment) act, 1989 with effect from .....

R. Dalmia and anr. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Reported in : AIR1998SC868; (1999)152CTR(SC)383; [1999]236ITR480(SC); JT1999(1)SC300; 1999(1)SCALE307; (1999)2SCC758; [1999]1SCR454

..... the question is whether the additional period of 180 days given by explanation 1(iv) of section 153 of the income tax act, 1961, is available when the assessment or reassessment is made under section 147.2. ..... assistant commissioner under sub-section (4) of that section or, in a case where no objections to the draft order are received from the assessee, a period of thirty days' shall be excluded.section 144b reads thus :144b. ..... the tribunal held that the assessments were barred by time because section 144b, in its view, applied only to assessments made under section 143(3) and could not be applied to assessments and reassessments made under section 147. ..... the draft orders under section 144b were made on 16th may, 1978 and 31st july, 1978 and the final orders of assessment were made on 6th september, 1978 and 7th april, 1979. ..... the draft order under section 144b was made on 10th march, 1978 and the final order of assessment was made on 14th september, 1978. ..... explanation (1) to the section says that in computing the period of limitation for its purposes '(iv) the period (not exceeding one hundred and eighty days) commencing from the date on which the income-tax officer forwards the draft order under sub-section (1) of section 144b to the assessee and ending with the date on which the income-tax officer receives the directions from the inspecting. .....

Berulal Tiwari Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1988]173ITR280(AP)

..... income-tax appellate tribunal, hyderabad, referred the following three questions of law for the consideration of this court under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act ..... tribunal is justified on the facts and in the circumstances and in law in remanding the case to the income-tax officer contrary to the mandatory provision of section 153 ?' 2. ..... that some sort of draft assessment order under section 144b was passed on march 29, 1978, and an endeavour was made to serve that order in order to overcome the limitation prescribed under section 153 of the act. ..... caused to the assessee was remedied by the commissioner of income-tax (appeals) setting aside the assessment and directing a fresh ..... we are told that pursuant to the direction of the commissioner of income-tax (appeals), a fresh assessment has been made and the matter had been ..... we would express our disapproval of the way in which income-tax officers drag on the assessment proceedings till almost the last minute and rush through the entire process of assessment when the limitation was about to set in without giving adequate ..... the record does not indicate whether the income-tax officer fixed this case for hearing prior to march, 1978, and whether the assessment proceedings dragged on because of the ..... facts and in the circumstances of the case, the hon'ble tribunal is justified in holding that the provisions of section 144b are complied with and that the draft assessment order is a notice 2. .....

Vishwanath Prasad Bhagwat Prasad Vs. Commissioner of Income-tax.

Court : Allahabad

Reported in : (1993)108CTR(All)119; [1993]202ITR469(All)

..... 58 of 1983 rejected a reference application on the question whether the tribunal rightly affirmed the order of the commissioner (appeals) in deleting certain additions made by the officer purporting to act under section 144b of the income-tax act, 1961, who added back certain sums in the assessees assessment, but did not send a draft assessment order to the assessee as required under that section. ..... at the instance of the assessee, the income-tax appellate tribunal (allabahad bench), allahabad, referred to this court the following questions relating to the assessment year 1969-70 under section 256(1) of the income-tax act, 1961 (for short, 'the act'), for opinion :'1. ..... irregularity on the part of the assessing authority and, therefore, he set aside the assessment order and sent the matter back to the assessing authority directing him to re-do the assessment after complying with the provisions of section 144b of the act.not satisfied with the decision of the appellate authority, the assessee went up in appeal to the appellate tribunal which affirmed the order of the appellate assistant commissioner holding that the provisions ..... the appellate assistant commissioner having verified the facts from the assessing authority was satisfied that the provisions of section 144b of the act were altogether omitted by the assessing authority. .....

Panchmahal Steel Ltd. Vs. U.A. Joshi, Ito and anr.

Court : Gujarat

Reported in : (1994)116CTR(Guj)407; [1994]210ITR723(Guj)

..... 1, whereby he refused to accept the third revised return filed by the petitioner-assessee on the ground that he had already passed a draft assessment order on december 12, 1979, under section 143(3) read with section 144b of the income-tax act, 1961, and that the assessee was already heard by the inspecting assistant commissioner with respect to the objections filed by the assessee against the said draft assessment order. 2. ..... if after the draft order is served upon the assessee or when objections are received and because of that the income-tax officer refers the matter to the inspecting assistant commissioner and the assessee is permitted to file a revised return, then, that would set at naught at all the steps taken by the income-tax officer under section 144b as, thereafter; he will have to consider the fresh revised return and make the assessment on the basis of the fresh return. ..... that in computing the period of limitation for the purposes of that section, the period (not exceeding one hundred and eighty days) commencing from the date on which the income-tax officer forwarded the draft order under sub-section (1) of section 144b to the assessee and ending with the date on which the income-tax officer received the directions from the inspecting assistant commissioner under sub-section (4) of that section, or, in a case where no objection to the draft order were received ..... section 144b is now omitted with effect from april 1, 1989. 11. .....

Singh Enterprises (Exports) (P.) Ltd. Vs. Income-tax Officer.

Court : Delhi

Reported in : [1989]30ITD209(Delhi)

..... communicated in the assessed on 23rd of march, 1983 and after receiving its objections it came to be forwarded to the inspecting assistant commissioner for directions under section 144b (4) of the income-tax act, 1961. ..... this appeal the contention is that, the order of the learned commissioner of income-tax central-iii, new delhi, dated 21-11-1985 in respect of assessment year 1980-81 passed under section 263 of the income-tax act, 1961 be quashed and the appellant- assessed company be treated as an industrial company for the purposes of determining the tax rate applicable to it.2. ..... to the tribunals orders in respect of assessment years 1975-76 and 1976-77, but that would make no difference as far as the year under appeal is concerned because we find no provision under the income-tax act by which an order of assessment passed in conformity with the tribunals decision can come for review, change or cancellation under section 263 of the act adversely against the assessed.21. ..... to any one of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter vi-a of the income-tax act), is not less than fifty one per cent of such total income.according to the cit major part of the assesseds company income was from duty drawbacks and cash incentives which could be attributed to the trading activities namely, export of the goods that ..... there was no discussion at all to why such aspect had come to be omitted from adjudication. .....

Deepak Dewan Vs. Income Tax Officer.

Court : Delhi

Reported in : (1996)54TTJ(Del)567

..... 144b was not on the statute book, the same having been omitted by the direct tax laws (amendment) act, 1987 f. ..... one of the issues argued before us is the that the cit(a) having remitted the matter to the file of the ao with certain directions, the ao was duty bound to act on those directions and make the fresh assessment in accordance with the decision of the appellate authority. ..... unless there is some evidence about the existence of such a party it cannot be asserted through a bland statement that the appellant was not the actual owner and the income was being assessed in his hands on a protective basis. ..... the said section being procedural in nature not having been on the statute book when the fresh assessment was made, it was not necessary for the ao to follow the procedure as provided under s. ..... , 1989 but since the present appeal arises out of order of the ao passed as a result of the first appellate order, we are bound to hold that the ao was legally bound to act upon the findings of the first appellate authority. ..... a return of income had been filed on 30th sept. ..... 10 lakhs and assessed was deemed to have invested the said amount out of undisclosed income. ..... 24th march, 1987 on an income of rs. ..... 2,95,570 which was later on revised on 27th march, 1986 declaring income of rs. ..... , 1985 declaring income of rs. ..... 144b. ..... 144b not having been complied with in this case, thereforee, the assessment made is bad in law. .....

Commissioner of Income-tax Vs. Madurai Mills Co. Ltd.

Court : Chennai

Reported in : [1999]238ITR927(Mad)

..... of law for the assessment years 1970-71, 1971-72, 1972-73 and 1974-75 under section 256(1) of the income-tax act, 1961, for our consideration : for the assessment year 1970-71 : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the assessee was entitled to weighted deduction under section 35b in respect of (i) allocation fees paid to icmf, bombay, (ii) allocation ..... limited company and it claimed weighted deduction under section 35b of the income-tax act, 1961 (hereinafter referred to as the act), in respect of the following items of ..... payments made by way of council charges to texprocils and the cess paid for the said assessment years would qualify for weighted deduction under section 35b of the income-tax act. ..... facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the assessee was entitled to weighted deduction under section 35b in respect of (i) inspection fee paid to indian cotton mills federation, bombay, (ii) allocation fees paid to indian cotton mills ltd. ..... also shows that it has made reference for the said assessment year 1974-75 though the following question was omitted to be noticed in the order referring the case to this court : 'whether, on the facts and in the circumstances of the case, the appellate tribunal is right in holding that the assessee is entitled to weighted deduction under section 35b in respect of the indian cotton mills federation ?' 3. .....

Sun Polytron Industries Ltd. Vs. Commissioner of Income-tax-2, Mumbai

Court : Mumbai

..... submitted that the tribunal committed an error apparent on the face of the record in applying section 115jb of the income tax act 1961 as amended and particularly in relation to explanation (1) which is an explanation for sub-section (2) of section 115jb and clause i thereof. ..... this appeal under section 260a of the income tax act 1961 challenges the order passed by the itat, mumbai bench dated 29th december 2011 in income tax appeal no.515/ ..... in view of the amendment to section 115jb of income tax act 1961, by finance act 2009 with retrospective effect from 1-4-2001 the impugned order of itat dated 29-4-2009 in ita no.515/mum/07 cannot ..... given facts and circumstances, this court as also the tribunal rightly proceeded on the footing that the assessee invoked section 115jb of the income tax act 1961. ..... which could have been applied and which has been invoked is section 36(2) of the income tax act 1961. ..... of the case and in law, the hon'ble tribunal was right in holding that the provision of bad and doubtful debts cannot be added back while computing 'book profits' computed u/s 115jb of the income tax act, contrary to the provisions of clause (i) in explanation 1 to the section 115jb(2) of the it act, inserted retrospectively from the a.y. ..... therefore had proceeded on the footing and on perusal of the record of the case held that the assessee invoked section 115jb of the income tax act but the amendment thereto and which was crucial in nature has been omitted from consideration by the tribunal. .....