Court : Orissa
Reported in : (1994)117CTR(Ori)385; [1994]207ITR794(Orissa)
..... a. pasayat, j. 1. on being moved by an application under section 256(1) of the income-tax act, 1961 (in short, 'the act'), by the commissioner of income-tax, orissa, the income-tax appellate tribunal, cuttack bench, cuttack (in short, 'the tribunal') has referred the following questions for the opinion of this court :'(1) ..... are received within the period or the extended period aforesaid, or the assessee intimates to the income-tax officer theacceptance of the variation, the income-tax officer shall complete the assessment on the basis of the draft order....' 8. section 144b concerns two acts, i.e., (a) the making of a draft order, and (b) forwarding ..... reference to inspecting assistant commissioner in certain cases.--(1) notwithstanding anything contained in this act, where, in an assessment to be made under sub-section (3) of section 143, the income-tax officer proposes to make any variation in the income or loss returned which is prejudicial to the assessee and the amount of such variation .....
Tag this Judgment!Court : Orissa
Reported in : [1975]101ITR827(Orissa)
..... 'd'. cuttack, by way of interest payable by the assessee under sections 139 and 217 of the income-tax act, 1961 (hereinafter referred to as 'the act'), and the orders in revision passed under section 264(1) of that act by the commissioner of income-tax upholding part of the demand in respect of four assessment years 1964-65, 1965-66, 1966-67 ..... fact that a part of the demand had already been paid by the assessee he directed the income-tax officer to recompute interest under section 217 of the act by giving credits to the payment made under section 140a of the act or taxes paid thereafter before the completion of regular assessment. he, however, did not interfere in regard ..... liability created by the statute and the same is to be calculated at the time of regular assessment by the income-tax officer. while the commissioner was dealing with the application made under section 271(4a) of the act the question of interest did not arise for consideration. that apart, it was not a matter within the .....
Tag this Judgment!Court : Orissa
Reported in : [1974]93ITR140(Orissa)
..... made by the income-tax appellate tribunal under section 256(1) of the income-tax act of 1961 (hereinafter referred to as 'the act'), of the following question at the instance of the revenue: 'whether, on the facts and circumstances of the case, the penalty imposed by the income-tax officer on the assessee under section 221(1) of the act was validly imposed ..... past default could not be automatically condoned and it was still open to the income-tax officer to penalise the assessee for the past default; (2) under the provisions of section 221(1) of the income-tax act it was obligatory for the income-tax officer to levy penalty though he has discretion in regard to the quantum of ..... notices, the petitioner's liability to satisfy them by payment within the time allowed under section 220(1) of the act would have arisen. in issuing a challan for rs. 8,000, the income-tax officer virtually rectified his own mistake. the tribunal has looked at the matter from that point. therefore, when the new .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori48; [1951]19ITR353(Orissa)
..... , cuttack, who had territorial jurisdiction over them. side by side, the two partnership firms filed applications before the said income-tax officer cuttack, for registration of their firms for the purpose of this act under section 26a, income-tax act, 1922. the income-tax officer cuttack, it is stated, instead of making an assessment order or registering the firms under section 26a, sent the case records to the ..... income-tax officer (special circle) who had s9isin of the assessment of the hindu undivided family income. the income-tax officer (special circle) treated the incomes of the aforesaid two business .....
Tag this Judgment!Court : Orissa
Reported in : [1988]173ITR425(Orissa)
..... the same, the years of assessment are 1971-72 and 1972-73. the question of law referred by the tribunal under section 256(1) of the income-tax act, 1961 (for short ' the act '), in all the three cases is as follows :' whether, on the facts and in the circumstances of the case, the tribunal was correct in ..... 1972-73, the assessee had received a sum of rs. 25,211 from the (central government) employees, the income-tax officer, while reopening the assessment, also initiated penalty proceedings under section 271(1)(c) of the act for both the periods on february 26, 1975. the explanation of the assessee was rejected and for the assessment ..... assessment on december 31, 1975, initiated penalty proceedings under section 271(1)(c) of the act. the assessee contested the proceeding, but, ultimately, the income-tax officer, by his order dated march 31, 1977, held that there was concealment of income of rs. 21,200 and imposed penalty accordingly. the appeal before the appellate assistant commissioner by .....
Tag this Judgment!Court : Orissa
Reported in : [1987]168ITR253(Orissa)
..... mohapatra, j.1. in this application under articles 226 and 227 of the constitution of india, the assessee under the income-tax act, 1961 (for short ' the act '), has assailed the decision (annexure-4) of the commissioner of income-tax (opposite party no. 1) and has prayed for quashing the same by issue of a writ in the nature of ..... of the appellate tribunal. after hearing the petitioner, the commissioner held that no revision lay against an order of the appellate tribunal and the order of the income-tax officer dated december 31, 1976, cannot be considered for revision long after one year.3. mr. rajan mohapatra, learned counsel appearing for the petitioner, submitted ..... be rejected. in the peculiar circumstances of this case, i am satisfied that the commissioner ought to consider the correctness of the reasons given by the income-tax officer and also the merits of the application for registration and pass appropriate orders as deemed proper.5. in the result, the order of the commissioner in .....
Tag this Judgment!Court : Orissa
Reported in : (1992)102CTR(Ori)281; [1992]196ITR640(Orissa)
..... 30, 1989, passed in i. t. a. no. 80/ctk of 1986, in purported exercise of its powers under section 254(2) of the income-tax act, 1961 (in short 'the act').2. the background facts relevant for disposal of the writ application are as follows :one, messrs. premier industries (hereinafter referred to as 'the assessee') ..... the tribunal restored the penalty imposed by the assessing officer and set aside the order of the commissioner of income-tax (appeals) granting relief.3. an application purported to be under section 254(2) of the act was filed by the assessee making many grievances, viz., (i) that the tribunal had wrongly stated that ..... was assessed to income-tax by the income-tax officer, special survey ward, rourkela, for the assessment year 1980-81. under the head 'salary and wages', the assessee claimed payment .....
Tag this Judgment!Court : Orissa
Reported in : [1974]97ITR133(Orissa)
..... submitted in this case by the assessee under section 139(4) of the income-tax act, 1961, would be one filed within the time allowed under section 139(1) of the income-tax act, 1961, in which case the penalty imposed cannot stand. apart from this, even if it be held that there is default ..... on the part of the assessee in not having filed the return within the time allowed under section 139(1) of the income-tax act, 1961, the default is only technical and this is the first instance of such a default. penalty need not be imposed in every case of default merely because it ..... be a return submitted within the time allowed by section 22(1) of the indian income-tax act, 1922. the provisions of sections 139(1) and 139(4) of the income-tax act, 1961, are analogous to corresponding provisions of section 22(1) and 22(3) of the indian income-tax act, 1922, and on a parity of reasoning it may be heldthat the voluntary return .....
Tag this Judgment!Court : Orissa
Reported in : [1976]104ITR682(Orissa)
..... r.n. misra, j.1. this is an application of the revenue under section 256(2) of the income-tax act of 1961 (hereinafter referred to as 'the act'), for a direction to the appellate tribunal to state a case and refer the following question said to be of law for opinion of the court:'on the ..... assessment years for adjustment as and when there was assessable profit and a reserve to satisfy the condition imposed in section 34(3) of the act. the tribunal accepted this contention and required the income-tax officer to compute the development rebate for the purpose of being carried forward.5. learned standing counsel for the revenue seriously disputes the view ..... to be carried forward as provided in section 33(2) of the act on the ground that the condition imposed under section 34(3) of the act had not been satisfied.3. assessee preferred an appeal to the appellate assistant commissioner for a direction to the income-tax officer to determine the development rebate to be carried forward in the manner .....
Tag this Judgment!Court : Orissa
Reported in : [1992]197ITR177(Orissa)
..... has been referred to this court under section 256(1) of the income-tax act, 1961 (in short 'the act'), by the income tax appellate tribunal, cuttack bench (in short 'the tribunal') :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in holding that, in the absence of ..... application before the stipulated time. the formalities to be complied with before the registration is granted are enumerated in section 184 of the act and rule 22 of the income-tax rules, 1962 (in short 'the rules'). the procedure on receipt of an application for registration is prescribed in section 185. registration ..... to comply with the notices issued under section 142(1) of the act. in appeal, the commissioner of income-tax (appeals), orissa, cancelled the orders passed by the income-tax officer. he noticed that, originally, for the assessment year 1977-78, the income-tax officer had allowed continuance of registration by his order dated march 28, 1980 .....
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