Court : Kolkata
Reported in : AIR1957Cal696,[1958]33ITR435(Cal)
..... rao v. the collector of madras, : [1954]26itr99(mad) (a). the decision relates to sections 13 and 14 of the excess profits tax act, read with section 44 of the income-tax act, as adapted by the central board of revenue and it is extremely unfortunate that the learned judge should have been told that the law applicable to ..... division, had already been heard and allowed. the commissioner held that no notice of dissolution under section 25 (2) of the income-tax act having been given to the income-tax authorities, section 44 of the act was not applicable and consequently the assessment could not be sustained as an assessment of a dissolved firm. who told the commissioner that ..... judge's conclusion is, in my view, correct, 14. the question, as presented to us, turns on the true construction of section 44 of the indian income-tax act. that section speaks of a case where any business, profession or vocation carried on by a firm or association of persons has been discontinued and a case-where .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]196ITR845(Cal)
..... of rs. 68,849 being the unclaimed wages written back by the assessee in its profit & loss account could not be brought to tax by the income-tax officer under section 41(1) of the income-tax act, 1961?' 5. it is not in dispute that most of the questions referred at the instance of the assessee are concluded by decisions of this ..... to rs. 49,81,892 was liable to tax under the income-tax act, 1961 ? 3. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the sum of rs. 60, ..... tribunal was justified in law in holding that the benefit of rs. 15,64,284 received by the assessee-company under the export incentive schemes is taxable under the income-tax act, 1961? 2. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the cash subsidy on controlled cloth amounting .....
Tag this Judgment!Court : Kolkata
Reported in : [1989]180ITR86(Cal)
..... . the said case arose under the second proviso to section 10(2)(vii) of the indian income-tax act, 1922, corresponding to section 41(2) of the income-tax act, 1961. the scope of the second proviso to section 10(2)(vii) of the indian income-tax act, 1922, fell to be construed by the supreme court in the aforesaid decision. the supremecourt held ..... in the circumstances of the case, the tribunal was right in holding that the assessee's professional receipts were not assessable under section 176(4) of the income-tax act, 1961, for the assessment years 1968-69 and 1969-70 ?'2. the assessee, in the present reference, is justice ramendra mohan datta who has since retired ..... such discontinuance. hence, he was of the view that the said amount would be chargeable to income-tax in view of section 176(4) of the income-tax act, 1961 (hereinafter referred to as 'the act'). accordingly, he charged the same to tax in both the years.4. on an appeal having been preferred by the assessee, the appellate .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)178CTR(Cal)517,[2002]258ITR46(Cal)
..... to be considered.5. petitioner no. 1 claims that it is entitled to deduction of a sum of rs. 2,86,565 under section 80hhc of the income-tax act, 1961, in respect of the said assessment year 1994-95 in respect of the exports made by it during the previous year 1993-94 relevant to the assessment year ..... whether, in the facts and circumstances of the case, petitioner no. 1 is entitled to extension of time in terms of section 80hhc(2)(a) of the income-tax act, 1961, in respect of its claim for deduction in respect of the assessment year 1994-95.4. it is dependent upon the above question that the other reliefs prayed ..... application, inter alia, questioned the order dated september 12, 2001, passed by the commissioner of income-tax, central-ii (for short 'the cit'), being annexure p-15 whereby and whereunder the application filed by the petitioner under section 80hhc(2)(a) of the income-tax act, 1961, has been rejected and prayed for consequential orders in that behalf. the petitioners have also .....
Tag this Judgment!Court : Kolkata
Reported in : 1995(1)ALT(Cri)7,(1993)2CALLT299(HC),98CWN396
..... unaccounted/undisclosed/ unexplained amounts of money under false and fictitious cover of receipt of gifts from the contactman, said udayram agarwala of gangtok, sikkim where the provisions of income tax act, 1961 do not apply. in furtherance of the common object of the said agreement mahesh kumar @ mahesh chand bhagchank, hiralal banka, nisha agarwala @ banka and sudesh banka ..... delhi special police establishment, cbi, scb, calcutta branch on 27th june, 1989 under sections 120b/420/468/471 i.p.c. and sections 277/278 of the income tax act, 1961 on the basis of information reported in writing by one sri p.s. bose, inspector of police, cbi, scb, calcutta who also took up the investigation of ..... facts prima facie disclose commission of offences punishable under sections 120b read with sections 420, 468, 471 i.p.c. and sections 277 and 278 of the income tax act, 1961. what is described above in this paragraph is the reflection of the allegations in the f.i.r.3. from a reading of the f.i.r. .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)192CTR(Cal)472,[2004]270ITR170(Cal)
..... that the period of limitation in the case on hand is eight years for completing the assessment and reliance is placed on section 153(1)(b) of the income-tax act by learned counsel for the revenue.7. having heard learned counsel for the respective parties we are of the view that in the case on hand what has ..... paid by the assessee. the assessee was also served with another notice dated october 5, 1977, under section 274 read with section 271 of the income-tax act calling upon the assessee to appear before the income-tax officer on october 29, 1977, and to show cause why an order imposing a penalty should not be made under section 271 of the ..... income-tax act for having concealed the particulars of his income or furnished inaccurate particulars of such income.3. the assessee questioned the said two notices by filing two several writ applications which were registered as c. r. no. .....
Tag this Judgment!Court : Kolkata
Reported in : [1979]117ITR446(Cal)
..... whether transfer of property to trust was disclosed for the purpose of gift-tax and in any other connection for his income-tax records. all that he has stated is that since the appellant continued to enjoy the benefit of his property, the claim of trust was not ..... argument of the learned counsel for the assessee that the notional income could not be included in the income of the assessee.14. there is great force in the arguments of mr. sengupta and in our opinion also the tribunal has rightly applied section 64(v) of the i.t. act, 1961, in view of the aforesaid clause of the trust deed, ..... come to a categorical finding that the claim of trust is bogus. in view of the registered deed duly executed, it was on the income-tax officer to disprove that there was a valid trust. the income-tax officer has not looked into the details and has not seriously challenged the validity of the trust. he has also not brought on record .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)164CTR(Cal)637,[2000]246ITR133(Cal)
..... officer cannot be construed as the joint or deputy commissioner alone but also the assistant commissioner meant for the purpose. section 120 of the income-tax act, 1961, prescribes that the income-tax authority shall exercise all or any of the powers and perform all or any of the functions conferred on, or, as the case may ..... advertiser as required by the form. 6. the petitioner company is a regular income-tax assessee under the income-tax act, 1961. the petitioners were previously being assessed by the deputy commissioner of income-tax, special range-4, who is now known as the joint commissioner of income-tax, special branch-iv, having his office at no. 3, government place, ..... requisition or enquiry relating to the returns filed under section 206 of the income-tax act, 1961, read with rule 37 of the income-tax rules, 1962, or to require the petitioners to produce or furnish documents or information in relation to tax deducted at source on the basis of the facts and circumstances herein. 3 .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)164CTR(Cal)109,[2000]245ITR196(Cal)
..... the petitioner's husband who was one of the directors, before the amendment in section 179 is not liable for any tax of the company in question under section 179 of the income-tax act, 1961 (hereinafter referred to as 'the act of 1961').2. the petitioner's husband expired on may 22, 1988, at calcutta. the petitioner's husband was one of ..... march 30, 1989, and the order of the assistant commissioner dated september 12, 1991, and ought to have held that the amendment in section 179 of the income-tax act, 1961, which was amended in october, 1975, is not applicable in the case of the director of a company who resigned in 1974 when the company has not ..... in compliance with the direction of this court in accordance with law that order should not be set aside by the commissioner of income-tax, under section 263 of the act of 1961. the order of the income-tax officer was neither erroneous nor prejudicial to the interests of the revenue. when the order was not erroneous and was strictly in compliance .....
Tag this Judgment!Court : Kolkata
Reported in : [1979]118ITR675(Cal)
..... the facts and in the circumstances, the tribunalwas justified in holding that the daily allowance of rs. 70 per day paid tothe assessee was not exempt from tax under section 10(14) of the income-tax act, 1961? 3. in any event, whether the tribunal was right in rejecting the assessee's claim that there could be no grossing up of ..... income on tax basis in the present case and that the income-tax officer erred in law in treating the sum of rs. 27,17,496 as perquisite'taxable in the hands ..... 1958, the husband became assessable to income-tax. the revenue sought to assess the payments made to the wife from the years 1955-56 to 1961-62. the commissioner discharged all the assessments and the question which was stated was whether the words 'free of income-tax' in the agreement were not hit by the income-tax act and whether the said of 35 .....
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