Court : Allahabad
Reported in : [1970]75ITR646(All)
..... 31, 1945, and march 31, 1946, by means of the orders dated 26th august, 1949. the assessments were both under the indian income-tax act and the excess profits tax act. in the excess profits tax appeals, the assessee took a specific ground before the appellate assistant commissioner regarding adjustment of standard profits. the appellate assistant commissioner dismissed the ..... are 'that tribunal shall have all such powers in disposing of the appeal as it has in respect of appeals preferred to it under the indian income-tax act, 1922'. it is clear that these words have restricted application for the purposes of disposal of appeals. the proceedings for review commence after an appeal ..... 17 may, within the prescribed time and in the prescribed manner, appeal against such order to the appellate tribunal constituted under the indian income-tax act, 1922, and that tribunal shall have all such powers in disposing of the appeal as it has in respect of appeals preferred to it under the .....
Tag this Judgment!Court : Allahabad
Reported in : [1973]87ITR368(All)
..... company. for the assessment years 1958-59 and 1959-60 the assessee should have paid tax under section 18a(3) of the income-tax act, 1922. as it did not, the income-tax officer served notices under section 274(1) of the income-tax act, 1961, on the assessee to show cause why penalties should not be levied. the assessee objected ..... to the proceedings contending that no penalty under section 273 of the 1961 act could be levied. the objection was rejected. the income-tax officer ..... tribunal pointed out that there was no specific provision in the act of 1961 deeming that the default under section 18a of the repealed act of 1922 would be a default under section 212 of the act of 1961. at the instance of the commissioner of income-tax the tribunal has referred this case. 3. it seems to .....
Tag this Judgment!Court : Allahabad
Reported in : [1991]187ITR590(All)
..... case, the respondent assessee, a trust created by the instrument executed on april 24, 1958, is a public charitable and religious trust, and its income is exempt from tax under section 11 of the income-tax act, 1961 .? 2. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the amount of difference between ..... the fair market value of the land and the price at which it had been sold could be taxed as a capital gain ?' 2. so far as the ..... order of the tribunal says that the difference between the fair market value of the assets and the actual consideration was brought to tax under the gift tax act. a copy of the gift-tax assessment order was also placed before the tribunal. acting upon the same and applying clause (iii) of section 47, the tribunal held that no capital gains .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)191CTR(All)25; [2004]269ITR71(All)
m. katju, j.1. this appeal under section 260a of the income-tax act, 1961, has been filed against the judgment of the income-tax appellate tribunal, allahabad, dated october 18, 2002, relating to the assessment year 1998-99.2. heard learned counsel for the parties.3. the appellant owns properties at 199, ..... material to support this finding of fact as is evident from paragraphs 11 and 12 of the tribunal orders. hence, this court cannot interfere under section 260a of the income-tax act.19. in cit v. shree manjunathesware packing products and camphor works [1998] 231 itr 53, the supreme court has held that the word 'record' in the explanation to section 263( ..... . thus the revisional power of the commissioner under section 263 is of wide amplitude. it enables the commissioner of income-tax to call for and examine the record of any proceedings under the act. it empowers the commissioner of income-tax to make or cause to be made such inquiry as he deems necessary in order to find out if any order .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)182CTR(All)194; [2003]260ITR249(All)
..... as his brother, rajesh rastogi, and the latter's wife and two minor daughters. the petitioner and his father and brother and their wives are all regular assessees under the income-tax act. during the search and seizure on november 23, 2001, cash and jewellery were seized. during the search three keys of lockers of banks were also found. one of the keys ..... and the reputation and number of patients he attracts, there is every reason to believe that in the case of sri nand lal tahiliani, action under section 132 of the income-tax act is required. this is so because there is also reason to believe that in the normal course provided under the ..... as the company, of which he was claiming to be the managing director, were regular assessees with the income-tax department'.17. in our opinion these decisions squarely apply to the facts of the present case. it seems to us that the department has only acted on rumours. the petitioner is admittedly a leading dentist of allahabad who has a huge practice. we .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]93ITR164(All)
..... of section 271(1) of the income-tax act, 1961, were satisfied. the opening part of section 271(1) of the act corresponds to section 28(1) of the indian income-tax act, 1922. the relevant part of section 28(1) of the indian income-tax act, 1922, may be quoted : 'if the income-tax officer, the appellate assistant commissioner or ..... of two questions. the first is as to whether the appellate assistant commissioner had any jurisdiction at all under section 271(1) of the income-tax act, 1961, to start penalty proceedings; and, secondly, whether the penalty proceedings could be initiated by sending a notice after the completion of the proceedings. ..... an appeal before the appellate assistant commissioner and he upheld both the additions. the income-tax officer although he had made additions to the returned income, did not initiate any penalty proceedings under section 271(1)(c) of the income-tax act, 1961. the appellate assistant commissioner, while disposing of, the quantum appeal, directed that .....
Tag this Judgment!Court : Allahabad
Reported in : (1987)61CTR(All)256; [1987]32TAXMAN72(All)
..... tribunal, allahabad bench, allahabadi has referred the following two questions of law for the opinion of this court under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act '):'(1) whether, on the facts and in the circumstances of the case, the tribunal was legally correct in holding that there was no failure on the part of the assessee ..... with the assessment year 1960-61. the original assessment for this year was completed much earlier on february 2, 1961.4. the assessments for both the years mentioned above were completed under the provisions of the indian income-tax act, 1922 (hereinafter referred to as ' the act of 1922 ').5. subsequently, after the completion of the above assessments, the assessing officer got information that the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All264; [1961]41ITR150(All)
..... by babu har narain singh and his successors was agricultural income exempt from income-tax or income liable to tax under the indian income-tax act. the tribunal finally held that this income being received by babu har narain singh and his successors was not agricultural income and was consequently liable to income-tax. it is in thesecircumstances that the question mentioned above ..... of rs. 36,396/- received by the asses-see as an allowance during the previous year of assessment year 1949-50 is revenue income liable to tax under the indian income-tax act, 1922,'the facts and circumstances under which this question has arisen and has been referred to this court have been mentioned by the ..... tenure, the malikana could not be considered as rent or revenue derived from land and it was not, therefore, agricultural income within the meaning of section 2 (1) (a) of the income-tax act even though it would not have become payable to the ancestors of the assessee had they not been feudal proprietors of .....
Tag this Judgment!Court : Allahabad
Reported in : (1988)75CTR(All)41; [1989]176ITR261(All)
..... during the search and seizure operation, gold ornaments, silver ornaments, cash, etc., were seized under section 132(1) of the income-tax act, 1961 (briefly 'the act') and a restraint order was passed under section 132(3) of the act, for want of verification in respect of the following assets :rs.(i)stock of woollen yarn, etc.7,00,855(ii)stock ..... can be seized under clause (iii) is the asset as mentioned in clause (c) which has not been or would not be disclosed for the purpose of the income-tax act. some courts took the view that seizure means taking physical possession of any valuable article or thing. to overcome this, the legislature has amended section 132(1) by ..... determined at rs. 7,30,683 in the order passed under section 132(5) of the act and as the total tax liability aggregating to rs. 25,85,988 for the aforesaid years exceeded the total value of the seized assets, the income-tax officer ordered retention of the entire seized assets.3. thereupon, the petitioner filed this writ .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)165CTR(All)513; [2000]245ITR844(All)
..... 1971-72 for the opinion of this court :'1. whether, on the facts and in the circumstances of the case, a second application under section 154 of the income-tax act, 1961, lies when there has been no change in the factual or the legal situation ? 2. whether a successor-appellate assistant commissioner can entertain an application under section ..... . according to this sub-section, the aggregate amount of deductions under this chapter vi-a of the income-tax act, 1961, shall not, in any case, exceed the gross total income of the assessee. in the instant case as the gross total income is only rs. 52,952 is allowed a deduction of rs. 52,952 which will reduce the ..... the appellant was entitled to a deduction of rs. 4,03,797 under section 80k being the amount of tax-free dividend received from the j.k. synthetics ltd. but as this deduction was claimed under chapter vi-a of the income-tax act, 1961, the provisions of sections 80a and 80b are very relevant. hence, these are reproduced hereunder : '80a. .....
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