Court : Madhya Pradesh
Reported in : (1987)66CTR(MP)83; [1988]171ITR59(MP)
g.g. sohani, j.1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of ..... were not initiated during the course of the regular assessment proceedings but were initiated while revising the assessment under section 155(1) of the income-tax act, the levy of penalty under section 273(b) of the income-tax act is bad in law '2. the material facts giving rise to this reference, briefly, are as follows:the assessees are partners in ..... a registered firm. they filed returns of income for the assessment years 1974-75 to 1976-77 declaring their share income from the firm. the income-tax officer completed the assessments and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1971]80ITR656(MP)
..... legal position be different when a registered firm is assessed on the footing that it is an unregistered firm for imposing penalty? section 271(2) of the income-tax act, 1961, creates a statutory fiction by direction a registered firm to be treated as an unregistered firm for the computation of penalty. it has been well said that ..... a registered firm under section 271(1) read with section 271(2) of the income-tax act, 1961, the tax payable by such firm should be determined without deducting the advance tax paid by the partners under section 18a of the income-tax act, 1922, from the gross tax payable by the firm on the basis that it was an unregistered firm.11. there ..... (1) read with section 271(2) of the income-tax act, 1961, the tax payable by such firm should be determined after deducing the advance tax paid by the partners under section 18a of the indian income-tax act, 1922, in respect of their shares of profits from the firm from the gross tax payable by the firm on the basis that it .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2006)199CTR(MP)400
..... under the proviso to section 30 of the income tax act, 1922, in the instant case, when there is a material difference between the relevant provisions in section 30 of the 1922 act and section 249(4) of the income tax act, 1961 ?4. whether, in the facts and circumstances of the case, the ..... defects. the assessing officer called upon the assessee to cure the defects. eventually on 31-3-1985 the assessing officer completed the assessment under section 144 of income tax act. it is against this order of assessment, the assessee filed appeal to commissioner (appeals). in the appeal, the assessee raised several grounds including some preliminary ..... case, the commissioner (appeals) would impliedly be deemed to have exercised his powers under the proviso to section 249(4) of the income tax act and exempting the assessee from payment of tax, when he proceeded to dispose of the appeal on merits ?3. whether the tribunal is correct in law in relying upon the decision .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1983]139ITR64(MP)
..... to this court for its opinion :'(1) whether, on the facts and in the circumstances of the case, the levy of penalty, at 25% of the tax avoided, under section 271(1)(c) of the income-tax act, 1961, for the a. y. 1959-60, was valid in law ?(2) whether, on the facts and in the circumstances of the case, the levy of penalty ..... , at 25% of the tax avoided, under section 271(1)(c) of the income-tax act, 1961, on the assessee for the a. y. 1960-61, was valid in law ?(3) whether, on the facts and in the circumstances of the case, the ..... levy of penalty, at 25% of the tax avoided, under section 271(1)(c) of the income-tax act, 1961, on the assessee for the a. y. 1961-62, was valid in law ?'2. the material facts, giving rise to this reference, are briefly as follows:the assessee is a contractor .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP148
..... 'residents' according to whether they are 'ordinarily residents or not'. but that distinction is not one wholly between resident and non-resident. under the income-tax act the incidence of tax depends upon and is determined by the question whether the assessee is resident in the taxable territories. it goes not depend on the assessee being 'resi ..... 1st april, 1950, a person residing in madhya bharat, a part b state comprising of certain former indian states, was not liable to pay any tax under the indian income-tax act unless he was at the same time 'a resident in the taxable territories' within the meaning of section 4-a and the definition of 'taxable territories ..... it was not brought into the taxable territories. in many indian states there was no income-tax and in some, where it existed, the rate of tax was much lower than the rate of tax under the indian income-tax act. when, therefore, the indian income-tax was extended to part b states, the legislature thought it proper to soften the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2000]241ITR758(MP)
..... referred articles and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the indian income-tax act, 1922, or under the 1961 act. where any books of account, other documents, money, bullion, jewellery or other valuable articles or things are or is found in the ..... on the basis of such materials as are available with him ; (ii) calculating the amount of tax on the income so estimated in accordance with the provisions of the indian income-tax act, 1922 (11 of 1922), or the 1961 act ; (iii) determining the amount of interest payable and the amount of penalty imposable in accordance with ..... the provisions of the indian income-tax act, 1922 (11 of 1922)/1961 act as if the order had been the order of regular assessment ; .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990(0)MPLJ727
..... jabalpur bench, jabalpur, has referred under section 256(1) of the income-tax act, 1961, the following question for the decision by this court :'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the income arising to the minor sons of the assessee from their admission to the ..... firms, as representative of the hindu undivided family. the income-tax officer, while assessing the total income in the hands of the assessee included the income of the minor sons, derived from these partnership firms. this was in terms of section 64(1)(iii) of the income-tax act. the appellate assistant commissioner, in appeal, affirmed that order ..... and rejected the contention that, if the income of the assessee is nil; the benefit earned by his minor sons from the partnerships could not be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1968]70ITR831(MP)
..... dixit c.j. - the consolidated reference under section 66(1) of the indian income-tax act, 1922, by the income-tax appellate tribunal at the instance of the commissioner of income-tax arises out of the tribunals common order disposing of the assessees appeals for the assessment years 1956-57, 1957-58, 1958-59 and 1959-60. the ..... also assessable in the hands of the assess, badrilal, under section 16(3) (a) (ii) of the act.the view we have taken is amply supported by authorised. in l. ram narain garg v. commissioner of income-tax, the allahabad high court held that interest paid to minor son admitted to the benefits of a partnership on his ..... on the capital amount to his credit as also interest on accumulated profits were included in the total income of the assessee, badrilal. the inclusion was made by the income-tax officer under section 16(3) (a) (ii) of the act.the assessee then preferred appeals before the appellate assistant commissioner questioning the correctness of the decision of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP155; 1996(0)MPLJ929
..... a regular basis whetherpayable in cash or kind and also includesperquisites and profits in lieu of salary asdefined in section 17 of the income-tax act,1961 (no. 43 of 1961) but does not includebonus in any form and on any account,gratuity and pension'; section 3 deals with levy and collection of ..... been made available to professionals, has not been made available to the salaried persons. in that connection, it has been submitted that the deductions under the income tax act are admissible. the same deductions has not been made available to the salaried persons and likewise it has been pointed out that the deductions, which has been ..... the first contention regarding permissibility of the deductions on the income tax act is concerned, it may be relevant to mention here that two enactments are different and under the income tax act, it is an income, which is the basis and parliament is competent to permit deductions admissible under that act. but that necessarily does not follow that it is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1998]232ITR198(MP)
..... the case and refer the question. he, however, submits that in the proposed question, at the end of the words 'within the meaning of section 2(47) of the income-tax act, 1961' need to be added to impart proper clarification of the point in issue.9. the fact remains that the amount has been received by the assessee on the basis of ..... case, the tribunal was justified in holding the amount of rs. 7,34,000 as capital receipt not exigible to capital gains tax as no transfer of any property was involved within the meaning of section 2(47) of the income-tax act, 1961 ?'11. we, however, make no order as to costs.12. counsel fee for each side in each case is, however, ..... a.r. tiwari, j.1. the applicant (commissioner of income-tax, bhopal), has filed these three applications under section 256(2) of the income-tax act, 1961 (for short 'the act'), seeking direction to the tribunal to state the cases and refer the undernoted common question of law arising out of the order dated july 27, 1992, passed in i. .....
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