Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: orissa Page 14 of about 843 results (0.316 seconds)

Debasis Sahu Vs. Nabeen Chandra Sahu and anr.

Court : Orissa

Reported in : AIR2002Ori211; 94(2002)CLT142; (2003)181CTR(Ori)427

..... of documents relevant to the case pending before the court, even from the income tax authorities, revived. neither section 54 of the 1922 act nor section 137 of the 1961 act had taken away for all times the jurisdiction of the courts to call for the record from the income tax authorities. those provisions, as already noticed, had, only put the exercise ..... date. that privilege did not extend, after april 1, 1964, to record filed before the income tax authorities, for the assessment years 1964-65 onwards. section 6 of the general clauses act as well as section 138(1)(b) of the 1961 act cannot extend the ban on the exercise of the jurisdiction by the courts to summon the ..... production of documents from the income tax authorities after april 1, 1964 relating to assessment year 1964-65 in .....

Nazir Mahammad Vs. Jamila Bibi and ors.

Court : Orissa

Reported in : [1972]85ITR342(Orissa)

..... the ultimite decision to the legality of the learned trial judge's order in the matter oi production of these papers only.4. under section 137 of the income-tax act, 1961, the bar against disclosure was provided. it was to the following effect:'(1) all particulars contained in any statement made return furnished or accounts or documents produced ..... and the power of the court to receive those documents. this objection was on the basis that there was a bar against production of these documents under the income-tax act, 1961. the objection was over-ruled by the learned trial judge and he held that the order of production was justified and he was competent to receive the ..... where a person makes an application to the commissioner in the prescribed form for any information relating to any assessee in respect of any assessment made under this act or the indian income-tax act, 1922 (11 of 1922), on or after the 1st day of april, 1960, the commissioner may, if he is satisfied that it is in the .....

Sri Ramkrishna Vivekananda Educational Trust Vs. Registrar, Debt Recov ...

Court : Orissa

Reported in : AIR2005Ori75

..... . rule 4 of schedule ii of the income-tax act, 1961 provides the modes of recovery of certificate dues. rules 44, 45 and 47 of the income-tax (certificate proceedings) rules, 1962 are the ..... assessee', shall be construed as a reference to the defendant under this act.'8. from the above provision, it is clear that a recovery proceeding under the act is to proceed under the second and third schedules of the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962 as in force from time to time ..... are not applicable to a recovery proceeding under the act.7. section 29 of the recovery of debts due to banks and financial institutions act, 1993 provides as follows :'the provisions of the second and third schedules to the income-tax act, 1961 (43 of 1961), and the income-tax (certificate proceedings) rules, 1962, are in force from .....

Commissioner of Income-tax Vs. Aloo Supply Co.

Court : Orissa

Reported in : [1980]121ITR680(Orissa)

..... and referred the following questions for the opinion of the court under section 256(1) of the income-tax act, 1961 (hereinafter referred to as ' the act ') :' 1. whether the statutory limit of rs. 2,500 under section 40a(3) of the income-tax act applies to payment made to a party at a time or aggregate of payments made to a party ..... statutory restriction contained in the provision in question unless any one payment is above rs. 2,500. section 40a appears in chap. iv of the act dealing with computation of total income and is classified under the sub-heading in group d ' profits and gains of business or profession '. parliament must have intended a work-ing rule ..... upon him to show cause as to why these payments should not be disallowed as revenue expenditure in view of the contravention of section 40a(3) of the act. the assessee explained that payments were made in cash because of exceptional and unavoidable circumstances and the payment in any other manner was not practicable having regard .....

Commissioner of Income-tax Vs. Utkal Machineries Ltd.

Court : Orissa

Reported in : 51(1981)CLT260; [1981]131ITR650(Orissa)

..... in the law relating to companies, is deductible as revenue expenditure under section 37(1) of the income-tax act, 1961 ?'2. the relevant assessment year is 1969-70. the assessee was a private company as denned in section 3(1)(iii) of ..... r.n. misra, c.j.1. the bombay bench-b of the income-tax appellate tribunal has under section 256(1) of the i.t. act of 1961, stated this case and referred the following question .for our opinion :' whether, on the facts and in ..... by the reversal in the second appeal, the revenue has raised the present dispute.3. a bench of the allahabad high court in the case of cit v. modi spinning & weaving mills co. ltd. : [1973]89itr304(all) , dealing with a somewhat similar question, observed as follows (p. 311 ..... in conformity with the provisions of the statute as applicable to a public company as defined in section 3(1)(iv) of the companies act, the assessee obtained the services of a solicitor's firm, m/s. crawford bayley & company of bombay, and paid rs. 12,620 .....

Fagumani Khuntia Vs. Commissioner of Income-tax

Court : Orissa

Reported in : AIR1960Ori142

..... tribunal did not appear to have referred to any legal evidence or any material in support of this finding. doubtless having regard to the provisions of the indian income-tax act, there may be some difficulty for any strict legal evidence; but there must be some material on record to support the finding with regard to the estimation ..... 4. before dealing with this question, i would like to state that section 13 of the indian income-tax act does not justify a bald estimate of the income by the income tax officer without any evidence or other material on record. the income-tax officer is equally not entitled to make a guess without any evidence. where accounts have been produced and ..... . 3. mr. s.m. gupta, learned counsel on behalf of the petitioner did not challenge the applicability of the proviso to section 13 of the indian income-tax act. he also did not challenge the gross turn-over of rupees one lakh in the general potato business or the gross turnover in respect of the fruits and .....

Banchhanidhi Onkarmal Vs. Commissioner of Income-tax

Court : Orissa

Reported in : AIR1965Ori162

..... the opinion of the court: 'whether on the' facts and circumstances of this case and having regard to the provisions of section 10 (2) (iii) of the indian incomer-tax act, 1922 the income tax tribunal had power to scale down the rate of interest due to bai mani poddar from nine per cent to six per cent.' 2. the assessment years involved in ..... provision laid down in section 10 (2) (iii) of the old act was kept intact in section 36 (1) (iii) of the new act, in spite of the aforesaid decision of the madras high ..... a. abraham v. i. t. o. kottyam, held that in interpreting taxing statutes, the court cannot make good the deficiency, if there be any. the court must interpret the statute as it stands and in case of doubt in a manner favourable to the tax-payer. 13. the new income-tax act (43 of 1961) came into force with effect from 1-4-1962. but the .....

M/S Visa Comtrade Limited Vs. Union of India and Others

Court : Orissa

..... has been filed with a prayer for quashing/ setting aside the prohibitory order dated 11.11.2010 (annexure-1) passed under section 132(3) of the income tax act, 1961 (for short, the act) in respect of current account no.0553002100028097 of the petitioner-company maintained with o.p. no.7-punjab national bank,station square branch, bhubaneswar and for ..... or cause to be produced, any books of account or other documents which will be useful for, or relevant to, any proceeding under the indian income tax act, 1922 (11 of 1922), or under this act, or (c) any person is in possession of any money, bullion, jewellery or other valuable article or things and such money, bullion, jewellery ..... a) any person to whom a summons under subsection (1) of section 37 of the indian income tax act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act, or a notice under subsection (4) of section 22 of the indian income tax act, 1922 (11 of 1922), or under sub-section (1) of section 142 of this .....

M/S. B. Engineers and Builders Ltd. Vs. the Assistant Commissioner of ...

Court : Orissa

..... 15. 26.06.2001 petitioner has filed this writ petition challenging the notice issued to it under section 148 of the income tax act, 1961. 2. heard the learned counsel for the petitioner, and the learned standing counsel (income-tax). without expressing any opinion on the rival contentions as to the correctness or otherwise of the reassessment notice issued, it ..... writ petition. moreover, the writ petition is not maintainable as the assessee has alternative remedy to file an appeal under section 246-a of the act before the commissioner of income tax (appeals). the direction of this court in o.j.c. no.16347 of 1998 dated 26.06.2001 has been duly complied with. due ..... 148 and order of re-assessment. 4. mr. a. mohapatra, learned senior standing counsel appearing for the income tax department submitted that the petitionerassessee earlier had challenged the validity of the notice under section 148 of the act in o.j.c. no.16437 of 1998 and the said writ petition was dismissed by this court. .....

idl Industries Ltd. and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : [2004]134STC62(Orissa)

..... the constitution. it is pertinent to note that similar provision was there in section 241 of the income-tax act, 1961 before its substitution by the direct tax laws (second amendment) act, 1989 with effect from april 1, 1989. section 241 of the income-tax act read as follows :'241. power to withhold refund in certain cases.--where an order giving rise to ..... to our notice the provisions of certain other statutes which grant interest on the refundable amount from the date of payment. basing on the provisions of the income-tax act and those statutes, it is submitted that by not granting interest, though the state has enjoyed the money collected by virtue of pretended valid order, which ..... assessment. by placing reliance on the language of sections 237 to 240 and comparing the same with the language used in section 220(2) of the income-tax act, the apex court held that no amount is refundable when an order of assessment is set aside and the question of any amount becoming refundable arises when .....