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Shyam Biri Works (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2003)84ITD124(All.)

..... law and on facts in setting aside the order passed under section 263 as under: 3. the assessee has been allowed deduction under sections 80hh and 80hha of the income-tax act, 1961 amounting to rs. 38,371 and rs. 7,417 which is not allowable to it.4. for assessment year 1989-90, the different grounds of appeal are as ..... of the learned d.r.the same are rejected.59. we are constrained to note, though at the cost of repetition, that cit(c) has issued show-cause notice under section 263 of the income-tax act, 1961 mainly relying upon the order under section 132(5) and that the assessing officer accepted the revised return without properly examining the seized ..... which we do not find mention in the order under section 263 of the income-tax act, 1961. the ld. d.r., however, argued that there was no requirement of issue of show-cause notice under section 263 of the income-tax act, 1961 before passing of the order by the cit. however only the opportunity of being heard should be given to the assessee. .....

Shri Bhagirathi Ram, Through His Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2004)89ITD642(All.)

..... . ishtiaq hussain (232 itr 673) hold as under: "the degree of proof necessary under the explanation to section 271(1)(c) of the income-tax act, 1961, is that as in a civil suit, viz., preponderance of probability. the explanation merely raises a rebuttable presumption which could be discharged in a given case by ..... (alld) of 1993.i.t.a.no. 1076(alld) of 1993 (under section 271(1)(c) of the income-tax act, 1961): 4. this appeal by the assessee is filed on the following effective grounds of appeal: "1. because the learned commissioner of income-tax (appeals) has erred in law and on facts in holding that penalty under section 271(1)(c) was justified ..... no. 4 with regard to unexplained investment in construction of house was deleted. on facts and circumstances, the a.o. issued notice under section 271(1)(c) of the income-tax act and, after considering the reply of the assessee and the previous proceedings, imposed the penalty under section 271(1)(c) vide order dated 24th august, 1987.8. the .....

Assistant Commissioner of Income Vs. Fertilizer Traders [Alongwith

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2004)83TTJ(All.)473

..... 304 & 305/all/2002 by both the assessees are directed against different orders of the cit(a)-i, kanpur dt. 14th aug., 2002 passed under section 158bc/154 of the it act, 1961.3. in both the cases of the assessees, undisclosed income was computed and thereafter it was bifurcated in the case of both the assessees percentage wise ..... dt. 15th jan., 2002 quashed the order of cit (central), kanpur under section 263 of the act. in the meanwhile the ao, also issued notice under section 154 of the it act, 1961 dt. 17th july, 2000 mainly on the grounds that while scrutinising the calculation of the undisclosed income certain mistakes have been noticed, which are apparent from ..... 1999 on the specific issue of computation of undisclosed income on the basis of 'peak' of the balances as taken from computer printouts and the learned. cit could not have revised the same under section 263 of the it act, 1961 and view to the contrary, as taken by the learned cit is erroneous." 86, the tribunal, allahabad bench .....

Assistant Commissioner of Income Vs. Smt. Meera Devi

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2007)108TTJ(All.)88

..... firm to give an explanation regarding the identity and source of such deposits and if the explanation is disbelieved, then it is to be added as income under section 68 of the it act, 1961 in the hands of the firm. similarly, if an assessee, who is partner of the firm, has made investment which is not recorded in the ..... the two creditors were reopened under section 148 and additions were also made in their hands for the amount of loan raised by them. they are regularly assessed to income-tax. they are clearly identifiable. the money is transferred through banking channels. thus, the money came into the account of the two creditors and thereafter it was transferred ..... nature and source thereof or the explanation offered by him is not, in the opinion of the ao, satisfactory, the sum so credited may be charged to income-tax as the income of the assessee of that previous year. it refers to an explanation furnished by the assessee about the nature and source of such credits. before charging the .....

All India Children Care and Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... , has been used in the affidavit of sri ram samujh, joint cit. according to the standing counsel, the affidavit of sri ram samujh, joint cit is legally correct and legally tenable and acceptable and valid.29. the learned counsel for the assessee alternatively claimed deduction of income under section 11 of the it act, 1961, on the ground that the assessee-society is a charitable trust ..... valid? (i) whether the assessee is entitled to exemption of income under section 10(22) of the it act, 1961? (ii) or in the alternative whether the assessee is entitled to relief under section 11 of the it act we have given various opportunities to the department to produce order of jurisdiction passed by the cit, varanasi to confer jurisdiction on assessee-society under section 124 or .....

Shri Nath Suresh Chand Ram Naresh Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1982)2ITD466(All.)

..... vide gir no. 711-m. there is no dispute about this fact, which is also proved from a copy of the notice issued under section 143(2) of the income-tax act, 1961 ('the act') on 28-11-1967, and a photostat copy of the same appears at page 35 of the paper book submitted by the assessee. shri moti lal died sometime in april ..... claim to the partition of the family styled as m/s munna lal moti lal, nor has any order to this effect been passed under section 171(3) of the income-tax act, 1961, the business continues to be that of the huf, irrespective of the fact under what name the business is carried out in the market and the notices issued earlier under ..... had himself admitted that the huf of munna lal moti lal was in existence. according to him, under section 171(1) of the act a huf hitherto assessed to income-tax shall be deemed for the purposes of the act to continue to be a huf, except where and insofar as finding of partition had been given under the above section. he further observed .....

The Acit, Range-ii Vs. Baldev Plaza

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2005)93ITD579(All.)

..... : 15.1 the mumbai bench of the i.t.a.t. in the matter of smt. saranga aggarwal, sot-307 (mumbai) held : "section 147 of the income-tax act, 1961-income escaping assessment- position prior to 1.4.1989-assessment year 1986-87-assessing officer made reference to d.v.o. subsequent to completion of assessment and reopened assessment on basis ..... march, 2000, assessment order under section 143(3) was passed for the assessment year 1997-98; (ix) on 24.1.2001, notice under section 148 of the income-tax act, 1961 was issued to the assessee for the assessment years 1990-91 to 1996-97.11. the ld. d.r. in the background of the above facts submitted that there were ..... investment was made. to known the cost of the construction, the case was referred to the departmental valuation officer, kanpur under section 131(1)(d) of the income-tax act, 1961 who after inspecting the complex on 21.3.1999 and after considering the objections of the assessee, submitted report to the ao. the d.v.o.estimated the cost .....

Syed Mohammad Isa and Another Vs. Commissioner of Income-tax.

Court : Allahabad

Reported in : [1942]10ITR267(All)

..... that the remuneration that he receives as mutawalli is remuneration for discharging the duties of his office and as such comer within section 3 (2) (viii) of the income-tax, act, 1918, being a receipt arising from the exercise of his vocation, whether the fund from which he is paid comes originally from an agricultural source or not.'panckridge, ..... bore to the non-agricultural in come of the waqf properties in the year of assessment must be regarded in his hands as agricultural income within the meaning section 2 (1) of the income-tax act.'thus would i answer the reference to us.order.the order of the court was as follows :-the answer to the question referred to ..... for services rendered, as one of the trustees or in his capacity as a beneficiary could be regarded in his hands as agricultural income within the meaning of section 2 (1) of the income-tax act? 'the commissioner is of opinion that the question should be answered in the negative.there is a parallel reference in respect to the .....

Shri Chhotey Lal, Kanpur Vs. Income-tax Officer, C-ward, Allahabad, an ...

Court : Allahabad

Reported in : [1962]46ITR762(All)

..... could not be imposed on a dissolved firm and (2) that penalty, in default of payment of penalty, could not be imposed under section 46(1) of the income-tax act.so far as the imposition of penalty of rs. 6,000 under section 28(1)(c) is concerned, the matter has since been concluded by a decision of the ..... agitate this matter before me.he has, however, argued that penalty, in default of payment of penalty, could not be imposed under section 46(1) of the income-tax act. in support of his submission learned counsel has relied upon two single judge decisions, one of the travancore-cochin high court in m.m. mathew v. second additional ..... may be summarised as follows :1. section 46(1) deals with default in payment of income-tax and not with default in payment of penalty, accordingly, penalty cannot be imposed in default of payment of penalty under that section.2. for purposes of the income-tax act, income-tax, penalty and interest have been viewed independently of each other as, for example, under .....

Broswel Pharmaceutical Inc. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2004)83TTJ(All.)126

..... hon'ble gauhati high court in the matter of assam company (india) ltd. v. crr (2002) 256 itr 423 (gau) held: "the language used in section 254(1) of the it act, 1961, conferring powers on the tribunal is in widest possible terms. the income-tax (appellate tribunal) rules, 1963, framed by the tribunal in exercise of its power under section 255(5) of the ..... act are wholly for the purpose of regulating its own procedure and the procedure of the benches of the tribunal. the rules, therefore, embody the principles of procedure to be followed .....