Array
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    [0] =>  ..... are challenged on the following grounds:(i) rule 52(1) of part iii of the second schedule to the income-tax act, 1961 (hereinafter referred to as 'the rules'), provides for an order to be made by the tax recovery officer directing that any immovable property shall be sold and such an order can be passed only after the ..... a detailed counter-affidavit has been filed by respondents nos. 1 to 3. in 4 the counter-affidavit the details of the various proceedings initiated under the income-tax act against the fourth respondent herein and various writ petitions filed by the fourth respondent, etc., have been set out in detail. it is stated that the  ..... relief is sought for against the fourth respondent, service of notice on him is dispensed with.8. mr. n. muralikumaran learned senior standing counsel for the income-tax department raised a preliminary objection regarding the locus standi of the petitioner to file the above writ petition. learned senior standing counsel submitted that by the impugned  ..... 
    [1] =>  .....  the assessee is a trust and for the year 1974-75 it filed a return admitting an income of rs. 17,690, after claiming exemption in a sum of rs. 18,628 spent on charity under section 11 of the income-tax act, 1961. the income-tax officer, however, took the view that for the attainment of general public utility the assessee carried  ..... on an activity for profit and therefore it is not entitled to any exemption. the income-tax officer also found that the assessee cannot be held to be a ..... also the business of conducting kuries was kept under trust and the income from the business was held to be exempt under section 11(1)(a) of the income-tax act, 1961 the supreme court has referred to the definition of 'charitable purpose' in section 2(15) of the act and held that once it is found that the business itself  ..... 
    [2] =>  .....  and in the circumstances of the case, the tribunal was right in law in holding that the sum of rs. 91,160 was charge-able to tax under section 41 of the income-tax act, 1961 ? 2. whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the sum of rs ..... . 3,32,500 was chargeable to tax as capital gains under section 45 of the income-tax act, 1961?' 3. learned counsel for the assessee contended that when an individual converts his sole proprietary concern into a partnership of which he himself is .....  a partner, no question of sale arises. in this connection, he also relied on the decision of this court in commissioner of income-tax v. janab n. hyath batcha- ..... 
    [3] =>  ..... reads as follows: -' in exercise of the powers conferred by item (h) of sub-clause (iv) of clause (15) of section 10 of income-tax act, 1961 (43 of 1961) the central government hereby specifies '10 years-9% (tax-free) secured redeemable non-convertible rec bonds (19th series) (private placement)' issued by the rural electrification corporation limited, for the purpose of the said  .....  as follows: -' in exercise of the powers conferred by item (h) of sub-clause (iv) of clause (15) of section 10 of income-tax act, 1961 (43 of 1961) the central government hereby specifies '10 years-9% (tax-free) secured redeemable non-convertible hudco shelter bonds (series-ii)', issued by the housing and urban development corporation limited, for the purpose of the said ..... 1. this is an appeal under section 260a of the income tax act, 1961 ( in short 'the act') filed on behalf of the assessee.2. heard the learned counsel for the assessee and for the department.3. the appellant company during the assessment year  ..... 
    [4] =>  .....  revenue. in the aforesaid factual backdrop, the conclusion is factual, giving rise to no questions of law. considering the limited scope under section 260 of the income tax, act, we do not find any justification to disturb the order of the tribunal. consequently, the appeal stands dismissed. there will, however, be no order as to costs.  ..... noted that the assessee had found that lessee had committed a fraud which had the effect of huge financial liability in the form of tax, interest and penalty coupled with threat of prosecution under the income tax act, but yet had not taken any action against bsal and not even an attempt had been made. the assessee was a major  .....  circumstances, the tribunal upheld the order of the appellate authority. 9. aggrieved of this, the assessee has come on appeal under section 260a of the income tax act, seeking admission of this case.10. learned counsel for the appellant submitted that the tribunal erred in its finding that the appellant was not able to disprove ..... 
    [5] =>  .....  paid the tax due and sought for waiver of interest levied under sections 234b and 234c of the income-tax act, but the first respondent rejected the same. hence,  ..... with brain cancer. he became bedridden and died on february 20, 1998. in that melee, the tax could not be paid by the petitioner.2. the second respondent issued a notice under section 148 of the income-tax act, 1961 and on the basis of the revised return filed by the petitioner, reassessment was made. the petitioner .....  viz., the sudden demise of the managing partner at the time when the tax under the voluntary disclosure of income scheme was demanded. further, the petitioner filed a revised return on receipt of notice under section 148 of the income-tax act and paid tax accepting the reassessment. we, therefore, hold that the first respondent is not  ..... 
    [6] =>  ..... case on hand as discussed earlier admittedly the assessee did not file any return before the proceedings under 131 and thereafter the search made under section 132 of the income tax act, 1961. the only action on the part of the assessee before the said proceedings was by way of sending a reply to the notice issued to her under section .....  services and was the then chairman of m/s. tamil nadu minerals ltd.,2. there was a search on mr. dyaneswaran under section 132 of the income tax act, 1961 (hereinafter referred to as 'the act') on 19/20.01.1996. in connection with the said search, the residence of mr. s.d. rajendran, the husband of the respondent assessee was ..... of against the assessee, then the question to be considered by this court is whether such letter can be treated as a return filed under the provisions of the income-tax act to enable the assessing officer to pass an order of assessment. the learned counsel for the revenue fairly submits that the letter dated january 25, 1995, cannot  ..... 
    [7] =>  .....  registering any instrument of conveyance, exchange, gift, release of benami right or settlement. the question as to fraudulent evasion of capital gain tax and the purpose of chapter xx-c of the income tax act, preventing such fraudulent evasion of capital gain tax by making under valuation came up for consideration before the supreme court in c.b. gautam v. union of india and ors ..... . : [1993]199itr530(sc) . while considering the purpose of chapter xx-c of the income tax act, the supreme court specifically pointed out that although a presumption of an attempt to evade the tax may be raised by the appropriate authority concerned, but it has to determine that in a given transaction of an agreement to ..... 
    [8] =>  ..... deemed as assessee in default in respect of the tax required to be deducted from the amount of interest and penalty paid to his principal.4. the assessee being aggrieved ..... that no order has been passed against the assessee under section 201 of the income-tax act, treating the assessee as an assessee in default by reason of the failure to deduct the amount of tax which was required to be deducted under section 194a of the income-tax act. that averment of the assessee has remained unrebutted. the assessee's case,  ..... therefore, must be considered on the basis that there is no order under section 201 of the income-tax act holding that the assessee is to be  ..... 
    [9] =>  .....  in union of india vs. azadi bacho andolan (2004) 10 scc 1] was in the context of the circular issued in violation of section 119 of the income-tax act relating to the residence nature of a company which was sought to be assessed and it was held that the powers of central board of direct .....  taxes in issuing directions in the form of circular under section 119 of the income-tax act to set things on course by eliminating avoidable wastage of time, talent and energy of the assessing officers discharging the onerous public .....  which is a parliamentary enactment.10. the supreme court held in kerala finance corporation v. commissioner of income-tax [(1994) 4 scc 375] in the context of section 119 of the income-tax act that the circulars issued cannot override the provisions of the act and the relevant portion of the judgment is as follows:" 14. the fact that the circular to which ..... 
    [10] =>  ..... holding that no penalty was leviable in terms of the explanation to section 271(1)(c) of the income-tax act, 1961, for each of the assessment years 1959-60, 1960-61, 1961-62, 1962-63, 1964-65 and 1965-66 ' 2. as the commissioner of income-tax was not satisfied with the question as referred to the high court in t.c. no. 272 of .....  was right in law in cancelling the penalty levied under the provisions of section 271(1)(c) of the income-tax act, 1961, for the assessment year 1963-64 2. whether the conclusion of the appellate tribunal that there was no concealment of income of the assessee within the purview of section 271(1)(c) is a reasonable view to take on the  .....  in the circumstances of the case, the appellate tribunal was right in law in cancelling the penalty levied under the provisions of section 271(1)(c) of the income-tax act, 1961, for the assessment years 1959-60, 1960-61, 1961-62, 1964-65 and 1965-66 2. whether the conclusion of the appellate tribunal that there was no concealment of ..... 
    [11] =>  ..... as to the genuineness and the nature and source of those credits, the assessee filed a petition before the commissioner of income-tax purporting to be made under section 27(4a) of the income-tax act, 1961. in that petition, it referred to the credits appearing in their books in the names of multani financiers, the bulk  .....  assessments in this manner following the voluntary disclosure, he nevertheless initiated penalty proceeding against the assessee under section 27(1)(c) of the income-tax act, 1961. these proceedings subsequently stood transferred to the inspecting assistant commissioner. when the assessee was asked to show cause against the levy of penalty, .....  launched. the assessee submitted that the assessment was made on the basis of the petition under section 271(4a) of the income-tax act filed by the assessee before the commissioner of income-tax, even before any investigation was undertaken by the department. it was further represented that the figures offered by the assessee for the ..... 
    [12] =>  ..... former employer at or in connection with the termination of his employment whether solely as compensation for loss of employment or for any other consideration. when the income-tax act, 1961, was introduced in the year 1962, there is a significant omission of the words, compensation for loss of employment or for any other consideration as  .....  both the amounts in view of the provisions of clause (3) of section 17 of the income-tax act, 1961 (hereinafter to be referred to 'the act'). in other words, he upheld the order of the income-tax officer levying the tax on both the amounts. the appellate tribunal, on further appeal by the assessee, also reached the same conclusion. ..... both at the instance of the assessee and at the instance of the revenue. the income-tax appellate tribunal has stated a case and referred the following questions of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as the act), for our opinion for the assessment year 1977-78. 2. question of law  ..... 
    [13] =>  .....  in the circumstances of the case, surtax liability is not an admissible deduction under the provisions of the income-tax act 3. whether, on the facts and in the circumstances of the case and having regard to the provisions of section 2(18) of the income-tax act, 1961, the tribunal was right in holding that the assessee should be treated as a company in which the .....  involved is whether the assessee would be entitled to claim surtax liability as a deduction in computing the business income under the provisions of the income-tax act, 1961 (hereinafter referred to as 'the act'). the supreme court in the case of smith kline and french (india) ltd. v. cit : [1996]219itr581(sc) , has held that the surtax paid under the provisions of the companies (profits) surtax ..... 
    [14] =>  .....  interpretation and further observed that the state legislature in defining 'agricultural income', cannot go beyond the definition of the term 'agricultural income' as found in the income-tax act, 1961, and the rules therein. 11. now the definition of 'agricultural income' as contained in the income-tax act, 1961, is found in section 2(1a) thereof. the relevant portion ..... relating to indian income-tax.' 9. at the time when the constitution was framed in 1950, the indian income-tax act, 1922, was in force and it contained the definition of 'agricultural income' and granted its exemption from the levy under the said act. when the income-tax act, 1961, replaced the abovesaid 1922 act, it also ..... revenue is paid for the said land. further, in the relevant assessments under the central enactment, viz., the income-tax act, 1961, the abovesaid income is charged to tax only as non-agricultural income. 6. but, learned counsel for the revenue submits that the whole approach of the tribunal in coming to  ..... 
    [15] =>  ..... tribunal dismissed the appeal. at the instance of the assessee the following question has been referred, under section 66(1) of the indian income-tax act, 1922, and section 256(1) of the income-tax act, 1961 :' whether, on the facts and in the circumstances of the case, the entire expenditure claimed by the assessee is allowable under section  ..... assessee required this question also to be referred to the high court, in m's applications under section 66(1) of the indian income-tax act, 1922, and 256(1) of the income-tax act, 1961, along with the question now referred. but the tribunal refused to refer this question of reasonableness of allocation. thereupon, the assessee filed ..... 12(2) of the indian income-tax act, 1922, in respect of the assessment years 1959-60 to 1961-62, and under section 57(iii) of the income-tax act, 1961, for the assessment year 1962-63 ?'5. the learned counsel for the assessee contended that the ..... 
    [16] =>  ..... purposes shall not be included in the total income to the extent to which it is applied for such purposes in india and, where it is accumulated .....  by the bombay high court in the case of commissioner of income tax v. trustees of bhat family research foundation : [1990]185itr532(bom) , held as follows: 'it is clear from clause (a) of sub-section (1) of section 11 of the income-tax act, 1961, that income derived from property held under trust wholly for charitable or religious  ..... follow. it is also to be kept in view that under the earlier income-tax act 1922 exemption was available to charitable trusts without any restriction upon the accumulated income. there was a change in this respect under the present act 1961. under the present act, any income accumulated in excess of 25% or rs.10,000 whichever is higher, ..... 
    [17] =>  ..... the assessee, engaged in cutting and polishing of diamonds, amounts to manufacturing or production of goods and is entitled to deduction under section 80-i of the income-tax act, 1961?, and held that 'there can be little difficulty in holding that the raw and uncut diamond is subjected to a process of cutting and polishing which yields ..... and the assessee is entitled to the relief under section 80hh and 80j of the income tax act, 1961 has held as follows: 'as pointed out by the apex court, the word 'production' or 'produce' has been used in the section 80hh of the income-tax act, 1961, in juxtaposition with the word 'manufacture' and it would take in bringing into  .....  assessee had a coffee curing plant. in relation to machinery installed for curing of the coffee, the assessee claimed investment allowance under section 32a of the income-tax act for the assessment years 1980-81 and 83-84. the appellate tribunal found that nine processes were involved in curing coffee and to deal with the nine ..... 
    [18] =>  ..... p.p.s. janarthana raja, j.1. the present appeal is filed under section 260a of the income tax act, 1961 by the revenue against the order passed in i.t.a. no. 864/mds/2000 by the income tax appellate tribunal, madras, 'a' bench. on 21.10.2003, this court admitted the appeal and formulated the following question of  .....  furnish details. after the details were furnished by the assessee, the income tax officer completed the assessment under section 143(3) of the act, accepting the total loss return by the assessee. further, he made ..... a dealer in fertiliser and also derived income from plying 3 lorries. the assessee filed return of income for the said assessment year on 13.02.1995 declaring a total loss of rs. 2,18,712/-. later, a notice under section 143(2) of the income tax act (hereinafter referred to as the 'act'), was served directing the assessee to ..... 
    [19] =>  ..... . j.v. gupta and sons(huf) 2000 itr 861 and submitted that the powers of the court under section 256(1) of the income-tax act, 1961 are advisory in nature and this court has no power to reframe a question or consider new issue. we are unable to accept the said submission of the learned counsel  .....  date subsequent to the end of the accounting year when the market value of the stock is at low ebb and thereby the income earned in one accounting year is not taxed which will be against the provisions of the income-tax act, as it will be open to the assessee to finalise and close its accounts at its choice. 21. learned counsel for the ..... , not only the right but the duty of the assessing officer to act in exercise of his statutory power, as he has done in the instant case, for determining what, in his opinion, is the correct taxable income.'14. this court in asher textiles ltd.,tiruppur v. commissioner of income-tax, madras 1952 itr 125 held that it is a long established principle of ..... 
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