Court : Delhi
Reported in : [2005]142TAXMAN478(Delhi)
..... references.4. it appears that the assessing officer under the wealth tax act relied solely on the decision rendered by the income tax officer wherein the income tax officer held that the trust violated the provisions of section 13(1)(c) read with section 13(3) of the income tax act, 1961. the decision on which reliance was placed ultimately was considered by ..... held that the trust violated the provisions of section 13(1)(c) read with section 13(3) of the income tax act, 1961. however, the tribunal had given the finding in favor of the assessed as regards the income-tax cases. the department had not accepted the same and was in reference before the high court. as the department ..... this court in case of the same assessed titled cit v. sir sobha singh public charitable trust (2001) 250 itr 475 wherein one of the questions .....
Tag this Judgment!Court : Delhi
Reported in : [1978]48CompCas720(Delhi); [1978]114ITR645(Delhi)
..... company, by taking such proceedings as may be available under the income-tax act, 1961. it is quite obvious that the application seeks to take certain coercive steps under the income-tax act, 1961, which leads to a supposition that the income-tax authorities want to act outside the companies act. to understand the legal background of the matter, it is enough ..... say that there are two reported cases taking different views of section 178 of the income-tax act, 1961. the andhra pradesh high court has held in income-tax officer v. official liquidator : [1975]101itr470(ap) , that this section gives priority to income-tax dues even if there is no order under section 178. the gujarat high court has ..... the other applicants to make recoveries outside the liquidation proceedings. although a reference has been made to sections 222 and 226 of the income-tax act, 1961, to urge that the taxation authorities have very many powers to make recoveries, which are not available to the official liquidator, i .....
Tag this Judgment!Court : Delhi
Reported in : [1986]59CompCas235(Delhi); 1985(1)Crimes1094; [1986]157ITR385(Delhi)
..... ltd, for short, the company, its chairman, director, and secretary, 'to quash 220 complaints against them by the income-tax officer, company circle, respondent herein, for an offence under section 276b of the income-tax act 1961, for short, the act, and the orders summoning the petitioners in the complaints to stand their trial not only for an offence under the ..... act but also for an offence under- section 409 of the indian penal code.(2) prior to july 19 ..... , without any reasonable cause or excuse, was a condition precedent to any complaint of an offence under section 276b of the act. it is further urged that the order of the income-tax officer, and of the appellate assistant commissioner, having been set aside by the appellate tribunal there was no finding by any .....
Tag this Judgment!Court : Delhi
Reported in : (2005)196CTR(Del)279; 121(2005)DLT164; [2006]283ITR326(Delhi)
..... /- by the assessing officer.3. the assessed had filed its return of income for the assessment year 1993-94 in which it had disclosed gifts of a total ..... revenue is aggrieved by an order dated 16th august, 2004 passed by the income tax appellate tribunal bench 'e' (for short the tribunal) in ita no. 13/del/2001.2. the only ground agitated by the revenue in this appeal under section 260a of the income tax act, 1961 (the act) is with regard to deleting an addition of rs. 10,20,000 ..... is concerned was discovered during the search. however, the assessing officer resorted to section 158bc of the act and treated these gifts as concealed income and an attempt at money laundering.6. in appeal, the commissioner of income tax (appeals) [for short cit (a)] took the view that to consider the amounts for the purposes of a block assessment, it .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1983)4ITD665(Delhi)
..... over and above the paid-up value of shares is not considered as deemed dividend under section 2(22) of the income-tax act, 1961 and the provisions of section 194 read with section 2(22) of the income-tax act, 1961 are not applicable to it.he then argued that no deduction in respect of interest could be allowed under section 36(1 ..... under the circumstances of the case, whether the first party is precluded from deducting the amount of rs. 6.90 per share purporting to act under the provisions of section 194 of the income-tax act, 1961 and is consequently liable to pay the amount of rs. 6.90 per share (withheld by it) to all the erstwhile shareholders who have ..... applicable, be also paid to the erstwhile shareholders.the company had treated the payment of 80 paise per share as interest and tax deducted at source under section 194a of the income-tax act, 1961 ('the act'). the sum of rs. 9,58,969 was claimed by the assessee as revenue expenditure. it was claimed that out of the aforesaid amount, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1992)41ITD147(Delhi)
..... required to be sustained or quashed " 22. this is a matter referred to me as a third member under section 24 of the wealth-tax act, 1957, read with section 255(4) of the income-tax act, 1961. the point of difference of opinion referred to me is : " whether, on the facts and in the circumstances of the case, the order ..... submitted by smt. indra bansal that the learned commissioner had no jurisdiction to proceed under section 263 of the income-tax act, 1961, on the basis of the assessment order dated january 14, 1987, passed by the income-tax officer after the wealth-tax assessment order dated march 31, 1986, as it could not be said to constitute the record of the ..... under section 25 of the wealth-tax act, 1957, is required to be sustained or quashed ?" 23. the assessee in this appeal, a private limited company, .....
Tag this Judgment!Court : Delhi
Reported in : ILR1984Delhi334
..... : 'whether on the facts and in the circumstances of the case the tribunal was correct in law in holding that the order of the income-tax officer under section 195(2) of the income-tax act, 1961 was without jurisdiction and thereforee null and void ?'(2) the jay engineering works limited, the assessed, was incorporated as a public limited company. ..... the calcutta high court. the assessed company also acted on the order of the income-tax officer under s. 195(2) of the act.(11) the income-tax officer could not act under the act to grant a tax clearance certificate to the assessed company. he is an income-tax authority under s. 116 of the act and his jurisdiction is prescribed by s. ..... a change in his previous year after a settlement with the commissioner of income-tax and the income-tax officer acting on the return, passed an order for assessment. it was held that the consent of the income-tax officer under s. 3(4) of the act could be implied for the change in the previous year though no formal .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1987)22ITD35(Delhi)
..... from the tribunal's order. the said question should, therefore, be referred for the esteemed opinion of the hon'ble delhi high court.order under section 255(4) of the income-tax act, 1961 - we have been able to differ with respect to the above reference application. the matter is, therefore, to be placed before the president for proceeding under section 255(4) of ..... 19-3-1986 of 'b' bench of the itat, new delhi and in fact issue no. 2 pertaining to accumulation of rs. 43,307 under section 11(2) of the income-tax act, 1961 was restored to the lower authorities for examining the allowability.4. the revenue thereafter raised the following two questions for being referred to the hon'ble delhi high court for .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1992)41ITD192(Delhi)
..... 26,84,156. assessee objected to the proposed enhancement vide letter dated 18-3-1988. the validity of the notice under section 251(2) of the income-tax act issued by the cit(appeals) was questioned on the ground that it had been issued on wrong premises and on incorrect appraisal of facts. it was pleaded that assumption made by ..... accordance with the method of accounting regularly employed by the assessee. under the mercantile system of accounting, income and expenditure are accounted for on the basis of accrual and not on the ..... opinion that what the assessee has received in the form of sales-tax is nothing but a trading receipt. that being so, we have now to consider as to whether provisions of section 43b are applicable in this case.22. under section 145 of the income-tax act, the profits and gains of business or profession are computed in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1998)62TTJ(Delhi)652
..... export packing credit loan.assessee had also taken another legal plea before first appellate authority that assessment order passed under section 143(3) of income tax act, 1961 (hereinafter called as the act), inasmuch as, for the year under consideration, the assessee was served with assessment order, dated 27-3-1989, in which total ..... it was submitted that it holds the view that an order passed after insertion of section 292b of the income tax act, if in substance and effect is in conformity and according to the intent and purpose of the act, the same cannot be deemed to be invalid merely by reasons of some mistake, defect or omission in ..... making a valid assessment under section 143(3). in fact, the whole purpose of the income tax act will be lost if the tax liability remains undetermined in scrutiny assessment made by an assessing officer.(c) the assessment without determination of tax liability is not procedural omission which could be protected under section 292b. the assessment is null .....
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