Court : Supreme Court of India
Reported in : (2009)224CTR(SC)522; [2009]315ITR1(SC); JT2009(9)SC445; 2009(9)SCALE657; (2009)8SCC412; [2009]182TAXMAN368(SC); 2009(6)LC2930(SC)
..... assessment year 1956-57.28. the question is : whether the judgment of this court in hindustan housing (supra) would apply to the present case which arises under the income-tax act, 1961? at the outset, it may be noted that the judgment of this court in hindustan housing (supra) was delivered on 29.7.86. it was prior to 1. ..... compensation or consideration stood enhanced or further enhanced by the court, is deemed income chargeable under the head 'capital gains' of the previous year in which the said amount ..... enhanced compensation during the previous year was also, according to the assessee, not chargeable to tax on the same plea.6. the a.o. did not accept the contentions of the assessee on the ground that in terms of section 45(5) of the income-tax act, 1961 ('1961 act', for short) enacted w.e.f. 1.4.88, the amount by which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1993]202ITR222(AP)
..... the firm or the members of the association individually.' 8. section 4 of the income-tax act, 1961 : '4. charge of income-tax - (1) where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with, ..... ashok, learned standing counsel for the revenue, has contended that whatever might have been the position under section 3 of the indian income-tax act, 1922, now under section 4 of the income-tax act, 1961, no option is available to the assessing authority either to assess the unregistered firm or its members, therefore, the assessing authority is ..... factory : [1966]60itr95(sc) on the ground that it was under section 3 of the old act which was different from the provisions of section 4 of the income-tax act, 1961 (hereinafter referred to as 'the new act'). the income-tax tribunal followed the judgment of this court in atchaiah's case : [1979]116itr675(ap) , which .....
Tag this Judgment!Court : Chennai
Reported in : [1991]190ITR144(Mad)
abdul hadi, j.1. in these tax cases under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), at the instance of the assessee, the following common question of law in respect of the assessment year 1970-71 to 1972-73 has been referred to ..... difference between the language of section 35(5) of the indian income-tax act, 1922, and section 155 of the 1961 act, renders the contention of learned counsel for the assessee unacceptable. under section 35(5) of the indian income-tax act, 1922, the inclusion or necessary correction of a partner's share of income from his firm, in his assessment, consequent upon the subsequent assessment ..... such fiction and section 155, on its terms, has nothing whatever to do with a mistakes apparent from the record. no doubt, under the provisions of the indian income-tax act, 1922, since it was doubtful whether there was a mistake apparent on the record in such cases in the original assessment of the partner, a fiction was enacted and .....
Tag this Judgment!Court : Kolkata
Reported in : 76CWN549,[1973]91ITR72(Cal)
..... on 18th march, 1965, requires to be amended as there is a mistake apparent from the record within the meaning of section 154/155 of the income-tax act, 1961. the rectification of the mistake, as per details given below, have the effect of enhancing the assessment or reducing the refund or increasing your liability and if ..... under section 154/155 of the income-tax act, 1961. to,the principal officer, name : messrs, india foils ltd., 11, sooterkin street, calcutta. the assessment under section 143(3) for the assessment year 1962-63 made ..... proceedings connected therewith.2. a notice dated 11th march, 1969, relating to the assessment year 1962-63, purported to have been issued under section 154/155 of the income-tax act, 1961, is the subject-matter of this application. the notice dated 11th march, 1969, reads as follows :'c/1/1-27/g ward dated 11th march, 1969notice .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1984)7ITD620(Mum.)
..... in which the machinery and plant were installed, the development rebate had been wrongly allowed as laid down under the provisions of section 155(5) of the income-tax act, 1961 ('the act'). similarly, for the assessment year 1977-78, the ito held that the investment allowance had been wrongly allowed. the ito, therefore, by orders under section 155 ..... order of the appellate authority were in the context of the powers of revision of the commissioner under section 33b of the indian income-tax act, 1922 ('the 1922 act') and section 263 of the 1961 act, which will not be applicable to the issue of rectification or amendment of the assessment orders, as laid down under section 154 and ..... a ship, machinery or plant installed after the 31st day of december, 1957, in any assessment year under section 33 or under the corresponding provisions of the indian income-tax act, 1922 (11 of 1922) and subsequently- (i) at any time before the expiry of eight years from the end of the previous year in which the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2007)105ITD33(Delhi)
..... and the gist thereof is that the order passed by the ao on 28-2-2003 purporting to be an order passed under section 147/143(3)/154 of the income tax act is bad in law, without jurisdiction, time-barred and at any rate the issue sought to be rectified is a debatable one not amenable to rectification under section 154.2 ..... present act has been broadly fashioned on the lines ..... section 35(1) of the old act which was similar to section 154(1) of the 1961 act did not apply to a case where the mistake arose out of the disposal of another case. the law was amended later by inserting sub-section (5) to section 35 with effect from 1-4-1952 by the indian income-tax (amendment) act, 1953. section 155 of the .....
Tag this Judgment!Court : Chennai
Reported in : [1981]132ITR251(Mad)
..... for the purposes of surtax act ?' 3. the reference relates to the assessment years 1964-65, 1965-66 and 1966-67. the assessee filed returns for ..... the companies (profits) surtax act, 1964 , 2. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the depreciation provided in the accounts of the company in excess of the amount allowed as a deduction in the computation of its income for purposes of the income-tax act, 1961, was not a reserve ..... under section 18 of the c.(p.)s.t. act, 1964, read with section 256(1) of the i.t. act, 1961.2. the following questions have been referred :'1. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the income-tax officer had jurisdiction to rectify the assessment under section .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1974]97ITR290(AP)
..... which he proposed to reopen the assessment of the assessee. after duly considering those reasons given by him, the commissioner of income-tax sanctioned issue of notice under section 151(2) of the income-tax act, 1961. in pursuance of the notice served on the managing partner of the firm, ammi reddy hid filed a return of ..... payable by the firm, although such share is to be be included in his total income for the purpose of determining the rate applicable to his taxable income. however, under section i83(b) of the income-tax act, 1961, the income-tax officer may assess the partners of an unregistered firm in respect of their shares of the firm ..... of the constitution of india, the petitioner seeks a writ or direction prohibiting or restraining the income-tax officer, rajahmundry, from proceeding further in pursuance of notice dated december 11, 1970, issued under section 148 of income-tax act, 1961, proposing to reopen the assessment for the assessment year 1965-66 and requiring him to file a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1973]92ITR42(P& H)
..... bus before the expiry of the statutory period of eight years. the income-tax officer issued a notice of rectification and withdrew the development rebate under section 155 of the income-tax act, 1961 (hereinafter referred to as 'the 1961 act'). the assessee filed an appeal before the appellate assistant commissioner who reversed the order of the income-tax officer holding that, since the original assessment was made under the ..... old act, the rectification could also be made under the same act and as an order of rectification had been made .....
Tag this Judgment!Court : Chennai
Reported in : [1979]117ITR930(Mad)
..... case, the appellate tribunal was right in law in holding that there was no splitting up or reconstruction of the business within the meaning of section 84(2) of the income-tax act, 1961, and there was no scope for refusing to grant the relief under section 84 for the assessment year 1962-63 ?' t.c. no. 180 of 1974 : 'whether ..... the appellate tribunal was right in law in holding that there was no splitting up or reconstruction of the business within the meaning of section 84(2) of the income-tax act, 1961, and there was no scope for refusing to grant the relief under section 84 for the assessment years 1963-64 and 1964-65 ?' t.c. no. 147 ..... allowed therein ? whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the income-tax officer's rectification order was really one under section 155(5) of the income-tax act, 1961, and that, therefore, the assesee's appeal against such order was competent and maintainable in law ?' t.c. no. 240 of .....
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