Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... the rival contentions made by the learned counsels appearing for the parties, i would first like to discuss some of the relevant provisions of the income tax act, 1961.7. chapter xiv of the income tax act, 1961 deals with the procedure for assessment in the event return is filed. section 139 provides that every person, if his total ..... income or the total income of any other person in respect of which he is assessable under this act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall furnish a return of his income or the income ..... m.y. eqbal, j.1. the commissioner of income tax, bihar-ii, ranchi filed two applications under section 256(1) of the income tax act, 1961 for the assessment years 1984-85, 1985-86 and prayed to the appellate tribunal to refer the question arising out of the order of the .....
Tag this Judgment!Court : Jharkhand
Reported in : (2004)190CTR(Jharkhand)116; [2004]270ITR214(Jharkhand); [2004(2)JCR116(Jhr)]
..... any proceedings under the act, the assessing officer or the first appellate authority is satisfied that (a) any person has concealed the particulars of his ..... could offer no acceptable explanation for the income not disclosed or the inaccurate particular he had furnished in his return, had to be examined and if found unacceptable, penalty was liable to be imposed. the kerala high court as follows :'section 271(1)(c) of the income tax act, 1961, is attracted where in the course of ..... order of the assessing officer imposing penalty.5. the assessee sought a reference of five questions in his application under section 256(1) of the income tax act, filed before the income tax appellate tribunal, which decided that the question that really arose for decision was the one that has been quoted above by us in the beginning .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2716; (2008)218CTR(Jharkhand)666; [2009]308ITR109(Jharkhand); [2008(4)JCR364(Jhr)]
..... the court and law.13. accordingly, this application is allowed and the order dated 07.08.2004 taking cognizance of the offence under section 277 of the income tax act, 1961 in c.o. case no. 24/04 against the petitioner by the special judge (economic offences), dhanbad as well as the entire criminal prosecution against the ..... parties.2. in this application, the petitioner has prayed for quashing of the order dated 07.08.2004 taking cognizance of the offence under section 277 of the income tax act, 1961 which has been taken against the petitioner by the special judge (economic offences), dhanbad.3. the facts in short are that c.o. case no. 24/ ..... made in the complaint petition, the special judge, economic offences, dhanbad, by order dated 07.08.2004, took cognizance of the offence under sections 277 of the income tax act against the petitioner which is under challenge in this application.5. mr. binod poddar, learned senior counsel appearing for the petitioner submitted that 'mensrea' is an .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR694; [2007(1)JCR542(Jhr)]
..... matter bearing on the assessment. if as a result of information in his possession the income-tax officer has reason to believe that income chargeable to tax had escaped assessment, the income-tax officer has jurisdiction to assess or reassess income under section 147(1)(b) of the income-tax act, 1961. information in his possession that income chargeable to tax has escaped assessment furnishes a starting point for assessing or re-assessing ..... , hyderabad : [1974]97itr239(sc) their lordships had concluded as under:...having second thoughts on the same material does not warrant the initiation of a proceeding under section 147 of the income-tax act, 1961.10. their lordships finally concluded and answered as under:(i) the answer to the question posed at the very outset is rendered in the negative and it is held that .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1097
..... facts are involved, they have been heard together and are disposed of by this common order. 2. these appeals have been filed under section 260a of the income tax act 1961 challenging the order passed by the income tax appellate tribunal, patna bench, patna whereby the tribunal dismissed the appeal filed by the revenue and further allowed cross objection filed by the respondent-assessee.3. for ..... counsel further submitted that the tribunal ought not to have expunged paragraph 8 of the appellate order passed by cit (appeal) which is contrary to the provision of section 251(1)(a) of the income tax act.6. mr. binod poddar, learned senior counsel raised preliminary objection that the instant appeal is not maintainable, inasmuch as no substantial question of law is involved. learned .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)218CTR(Jharkhand)670; [2008]302ITR57(Jharkhand); [2008(1)JCR513(Jhr)]
..... ) deals with the provisions with regard to income which do not form part of total income. section 11 lays down the detailed provision with regard to income which shall not be included in the total income derived from property held under trust wholly for charitable ..... time the assessing officer denied exemption from income tax in view of provisions of section 13(1)(bb) of the act. according to the assessing officer, the assessee was not entitled to have exemption under the aforesaid provision.9. before answering the questions, i would first like to consider the relevant provisions of the income-tax act, 1961.10. chapter iii (section 10 to 13a ..... m.y. eqbal, j. 1. by this application under section 256(1) of the income-tax act, 1961, the following questions of law have been referred to this court for opinion:1. whether in the facts and circumstances of the case, the was justified in .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004]137TAXMAN290(NULL)
..... course of any proceedings under the act, the assessing officer or the first appellate authority is satisfied that : (a) any person has concealed the particulars of his ..... could offer no acceptable explanation for the income not disclosed or the inaccurate particular he had furnished in his return, had to be examined and if found unacceptable, penalty was liable to be imposed. the kerala high court stated as follows---'section 271(1)(c) of the income tax act, 1961, is attracted where, in the ..... order of the assessing officer imposing penalty.5. the assessee sought a reference of five questions in his application under section 256(1) of the income tax act, filed before the income tax appellate tribunal, which decided that the question that really arose for decision was the one that has been quoted above by us in the beginning .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR288(Jhr)]
..... court for economic offences, dhanbad whereby and whereunder cognizance of the offence was taken under sections 276(c) and 277 of the income tax act, 1961 against the petitioners.2. the informant opposite party no. 4, income tax officer, ward-ii, hazaribagh filed a complaint case being no. 176 of 1992 before the special court stating therein that the petitioner ..... decisions have consistently held that criminal prosecution under sections 276(c) and 277 of the income tax act, 1961 and under such circumstances as relevant in the present case is not maintainable and there was no additional tax liability on the enhanced income as held in 2nd appeal by the tribunal.10. keeping in view of the fact ..... , therefore, the petitioner had committed an offence as alleged punishable under sections 276(c) and 277 of the income tax act, 1961. the sanction of the commissioner of income tax, ranchi was obtained.3. notices were issued to the opposite parties 2 to 4 and the office reported the same as valid service .....
Tag this Judgment!Court : Jharkhand
Reported in : (2005)196CTR(Jharkhand)469; [2005]276ITR127(Jharkhand); [2004(3)JCR568(Jhr)]
..... division of the life insurance corporation of india, are exempted under section 10(14) of the income tax act, 1961 read with rule 2-bb of the income tax rules, 1962. a further declaration that there should be no deduction of tax at source on the amounts of conveyance allowance and additional conveyance allowance paid to the development ..... division bench ultimately held that the development officers of the life insurance corporation of india are entitled to claim exemption under section 10(14) of the income tax act, of the conveyance allowance/additional conveyance allowance paid to them, upon satisfying the condition that such allowances have actually been spent for the purpose for ..... and establishing it at the time of completing the assessment against him. therefore, the prayer for quashing the communication issued by the authority under the income tax act in that behalf cannot be granted.8. since we have taken this view, we are not inclined to examine in detail the various decisions brought .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR493(Jhr)]
..... in this context, the learned counsel for the respondents referred to several decisions. however, in our opinion, all these decisions either arising under the income tax act in relation to special mode of collection of tax or excise duty on timber dealers or other enactments have no relevance. what can be seen is that the charge under the section is clearly on ..... so as to allow the procedure prescribed under the provisions of section 3-a(4) to be followed section 3-a of the act provides for levy and collection of the tax arising under the act in such manner and at such rate as may be prescribed by the rules. section 3-a provides a special procedure in respect ..... production. such a procedure cannot be adopted at all, for the two procedures are alternative schemes of payment of tax.15. rejecting the contention of the assessee that rule 96zo(3) is contrary to section 3a(4) of the act and the same is ultra vires, their lordships observed:11. the learned counsel far the respondent contended that .....
Tag this Judgment!