Court : Orissa
Reported in : [1995]211ITR431(Orissa)
g.b. patnaik, j. 1. the assessee having moved this court under sub-section (2) of section 256 of the income-tax act, 1961, and this court on being satisfied that a question of law arises out of the order of the tribunal formulated the following question for opinion of this court : 'whether the ..... the certificate in question for cross-examination. but the officer was not available. the assessee had made an application to the income-tax officer that the concerned officer who had given the certificate might be summoned under section 131 of the income-tax act at the cost of the assessee or alternatively he might be examined on commission. but that prayer was never acceded to ..... to the extent of rs. 77,112. the assessee being aggrieved by the said order made an application under section 256(1) of the income-tax act to make a reference but the tribunal having refused, the assessee approached this court and under the direction of this court the question of law has been formulated and the .....
Tag this Judgment!Court : Orissa
Reported in : 44(1977)CLT148
..... petitioner to the following effect: 'whereas i have reason to believe that your income chargeable to tax for the assessment year 1958-59 has escaped assessment within the meaning of section 147 of the income-tax act, 1961. i, therefore, propose to reassess the income for the said assessment year and i hereby require you to deliver to me ..... of certiorari to quash a notice issued under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), and for a direction prohibiting the revenue from taking any proceeding in terms of the notice. 2. petitioner is an assessee under the 'act and for the assessment year 1958-59 a regular assessment under section 23 ..... within 30 days from the date of service of this notice, a return in the prescribed form of your income assessable for the said assessment year. this .....
Tag this Judgment!Court : Orissa
Reported in : (1988)72CTR(Ori)109; [1988]173ITR10(Orissa)
..... , j.1. in this revision, the petitioner has challenged the order passed by the learned sub-judge, first court, cuttack, rejecting a petition under section 226(4) of the income-tax act ('the act' for short).2. the undisputed facts are that opposite parties nos. 1 and 2 were partners of the firm opposite party no. 3. they were liable to pay ..... . malchand surana : [1955]28itr684(cal) , in which a bench of the calcutta high court interpreted section 63 of the old income-tax act (xi of 1922) as well as section 27 of the general clauses act and held that a presumption could be raised that service of notice by post on the brother of the assessee, although the letter was addressed to ..... court of the learned sub-judge in execution case no. 181 of 1985 as compensation on account of acquisition of land. the income-tax officer filed an application on november 20, 1985, under section 226(4) of the act praying that out of the amount deposited to the credit of the opposite parties, a sum of rs. 2,99,413.50 .....
Tag this Judgment!Court : Orissa
Reported in : 1995LC62(Orissa); 1993(68)ELT739(Ori)
..... r. 818 is applicable to the facts of the case. in the apex court, the question was whether the income tax appellate tribunal had the power to grant stay while exercising power under section 254 of the income tax act, 1961. it was held :'in our opinion the appellate tribunal must be held to have the power to grant stay ..... as incidental or ancillary to its appellate jurisdiction. this is particularly so when section 220(6) deals expressly with a situation when an appeal is pending before the appellate assistant commissioner, but the act is ..... or decision. therefore, the view expressed by the tribunal that its powers under section 129b of the customs act are similar in nature to the powers granted to income tax appellate tribunal under section 254 of the income tax act is clearly wrong.17. in paragraph-45 of the judgment dated 10-5-1990 the tribunal has referred to .....
Tag this Judgment!Court : Orissa
Reported in : 38(1972)CLT992; [1974]94ITR459(Orissa)
..... assessment records of the plaintiff. the court considered the application, rejected the prayer made and directed defendant no. 3 to make an application to the income-tax commissioner under section 138 of the income-tax act, 1961 (hereinafter referred to as the ' 1961 act'), and produce the information if made available. defendant no. 3 either did not take steps to obtain the necessary information by making an application ..... (2) of this section made disclosure of any such particulars by a public servant punishable with imprisonment and sub-section (3) made certain exceptions to the bar against disclosure. the income-tax act, 1961, repealed the 1922 act and substantially re-enacted its provisions. the matter relating to disclosure of information is contained in sections 137 and 138 of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori53; [1958]34ITR656(Orissa)
..... special request of the parties and are dealt with in one judgment. they all arise out of the statements or two cases under section 66(2) of the indian income tax act made by the income-tax appellate tribunal, in pursuance of the directions given in two bench decisions of this court in s. j. cs nos. 42, 43, 44 and 45 of 1954 ..... did not make the said annadan patra anything but a private trust with the consequence that the assessee was not entitled to the benefit of the exemptions under the income tax act.16. in this view of the matter, i agree with the order proposed to be made in the main judgment of my lord the chief justice. ..... to the panda personally. this last item alone (called pranami), the assessee contends, is assessable as income, the rest of it being exempt either under section 4(3)(i) or section 4(3)(ii) of the income-tax act (hereinafter referred to as the said act). the income-tax department, however did not accept these contentions.13. this leads me to the consideration of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori89
..... had been completed during that year. it is well-settled in law that the words 'accrue and arise' used in section 4 of the income-tax act -- the section that defines income in the previous year (accounting year) -- are of the same import except that the use of one or the other may be more ..... a parallel between the words just quoted from section 115, civil procedure code, and the words defining the powers of the appellate tribunal in section 33(4) of the income-tax act, which provides: 'the appellate tribunal may pass such orders thereon as it thinks fit.' this contention, however, is fallacious. the limitations that have gathered round ..... proceeding arises out of two applications, consolidated, because of the facts being identical, by the commissioner of income-tax, excess profits tax, bihar and orissa, under section 66 (1) of the income-tax act read with section 21 of the excess profits tax act for stating a case and opinion of this court on the following (three) questions of law: (1 .....
Tag this Judgment!Court : Orissa
Reported in : 48(1979)CLT478; (1980)14CTR(Ori)193; [1980]123ITR513(Orissa)
..... , we find that there has been a change in the law in the assessment years under consideration in these appeals before us. by act no. 5 of 1964, section 28(iv) of the income-tax act, 1961, was introduced with effect from april 1, 1964. this section states that the value of any benefit or perquisite whether convertible into money ..... having been met by the hindusthan steel limited had to be limited to the amount of actual tax due and that in the circumstances the grossing up was not permissible under the provisions of the income-tax act, 1961 ? (2) whether, on the facts and in the circumstances the case, the tribunal was right in directing that if the assessee ..... had followed cash system of accounting the benefit should be assessed to tax on receipt basis and not on accrual basis and that if .....
Tag this Judgment!Court : Orissa
Reported in : [1976]105ITR193(Orissa)
..... that the assessee concealed the particulars of his income or deliberately furnished inaccurate particulars of that income. it is on this conclusion that the tribunal allowed the appeal and directed ..... penalty was justified in law ?'2. the short facts are that before the income-tax. appellate tribunal an appeal was filed against the imposition of penalty of rs. 14,500 under section 271(1)(c) read with section 274(2) of the income-tax act, 1961. the tribunal applied the principles in commissioner of income-tax v. anwar ali : [1970]76itr696(sc) that the revenue failed to establish .....
Tag this Judgment!Court : Orissa
Reported in : [1976]104ITR148(Orissa)
..... the court:'whether, on the facts and in the circumstances of the case, and on a true interpretation of clause (a) of sub-section (3) of section 34 of the income-tax act, 1961, the appellate tribunal was correct in holding that the assessee-firm by making entries in respect of development rebate and development rebate reserve even after the closure of the accounts ..... to the reserve fund. this sum is sufficient to meet the requirements of section 17 of the banking companies act, 1949, as well as of proviso (b) to section 10(2)(vib) of the act (indian income-tax act of 1922, corresponding to section 34 of the 1961 act), but no separate reserve fund as required by proviso (b) to section 10(2)(vib) had been created .....
Tag this Judgment!