Court : Orissa
Reported in : (2002)178CTR(Ori)409; [2002]257ITR512(Orissa)
..... under articles 226 and 227 of the constitution of india the petitioner seeks quashing of the notice dated august 31, 1999, issued under section 148 of the income-tax act, 1961, at annexures 1 and 1/a requiring it to file return in the prescribed form for the assessment years 1997-98 and 1998-99 for the purpose of ..... 99. both of them are identically worded. therefore, we may extract hereunder one of them, i.e., annexure 1 :'notice under section 148 of the income-tax act, 1961. dated, khurda, the 31st august, 1999. to, m/s. vishnu borewell,at p. o. nayagarh, dist. nayagarh. whereas i have reasons to believe that your ..... income chargeable to tax for the assessment year 1997-98 has escaped assessment within the meaning of section 147 of the income-tax act, 1961, i, therefore, propose to reassess the income/recompute loss/depreciation allowance for the said assessment year, and i hereby require you to deliver .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori94; [1951]19ITR102(Orissa)
..... of this type seem to have no doubt that in such circumstances section 23(3) alone would empower the income-tax officer to assess the petitioner. in the present case as already pointed out the income-tax officer has not quoted the particular section of the income-tax act which he applied and it seems to be unnecessary for us to discuss elaborately whether the expression 'method ..... . this is a reference under section 66 (2), income-tax act, by the income-tax appellate tribunal, madras bench, under the directions of this court contained in its order dated 3-12-1948 in s.j.c. no. 10 of 1947.2. the applicant ganeshdas kaluram is a yarn dealer of cuttack town & he was assessed to income-tax for the year 1943-44 at the rate .....
Tag this Judgment!Court : Orissa
Reported in : (2003)180CTR(Ori)548; [2003]260ITR87(Orissa)
..... p.k. balasubramanyan, c.j. 1. in this writ petition, an assessee under the income tax act, 1961 (hereinafter referred to as the 'act') challenges the constitutional validity of section 44-ad of the income tax act, and on that basis seeks the issue of a writ of certiorari to quash the order of assessment made for the assessment year 1994-1995 and the ..... admittedly engaged in the business of civil construction or supply of labour for civil construction within the meaning of section 44-ad of the income tax act. on the wording of section 44-ad of the act, there is no doubt that a sub-contractor would also come squarely within the purview of that provision. we are therefore not in ..... co. etc. v. state of andhra pradesh and another : [1963]1scr404 , it is open to the assessee to challenge the validity of the relevant provision under the income tax act to be violative of the fundamental rights of the assessee. the arguments on behalf of the assessee are met by the learned standing counsel for the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1970Ori58; [1970]76ITR151(Orissa)
..... your income in respect of which you are chargeable to tax for the assessment year 1952-53 has escaped assessment within the meaning of ..... further details. in appeal before the appellate assistant commissioner and the income tax tribunal the original assessment was reduced.on 26-7-68 the incometax officer, bari-pada, issued a notice under section 148 of the indian income tax act, 1961, (hereinafter referred to as the act) which may be quoted:'whereas i have reason to believe that ..... 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 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori191; [1950]18ITR383(Orissa)
..... may therefore follow that if the disruption has taken place in the course of the accounting year, a major or substantial portion of the income would escape assessment by virtue of section 14, income-tax act. it may also happen that the hindu law provision that there can be a notional disruption of a joint family without any substantial and ..... 1943, that is, during the course of the accounting year and that accordingly he is entitled to an order under section 25-a of the act and for assessment accordingly. the income tax authorities have held that he was not so entitled and hence this reference.4. one hariram was the father of rangalal. the original joint family ..... jagannadhadas, j.1. this is a reference under the income-tax act. this court by its order dated 3rd january 1949, directed the income-tax appellate, tribunal to state a case under section 66 (2) of the act. in pursuance of that order the question that has been referred for decision of this court is stated by the tribunal in the .....
Tag this Judgment!Court : Orissa
Reported in : (1994)116CTR(Ori)466; [1994]207ITR887(Orissa)
..... shall govern each one of them.2. on the basis of an application under section 256(2) of the income-tax act, 1961 (in short, 'the act'), filed by the revenue and pursuant to the direction given by this court, the income-tax appellate tribunal, cuttack bench (in short, 'the tribunal'), has referred the following question for adjudication by this court ..... be levied under section 271(1)(a) of the income-tax act, 1961, on a registered firm by treating it as an unregistered firm in terms of section 271(2) of the act when no tax is payable by the registered firm after giving credit to advance tax paid and/or tax deducted at source ?' 4. the assessment years involved are ..... and co. (hereinafter referred to as 'the assessee') is a partnership firm, which filed its returns of income before the income-tax officer, bhawanipatna. the returns were filed after the due date prescribed under section 139 of the act. penal proceedings were initiated under section 271(1)(a) for four years, i.e., 1976-77, 1980- .....
Tag this Judgment!Court : Orissa
Reported in : [1991]189ITR741(Orissa)
..... been imposed on persons who 'fly-by-night'. this has been done by inserting sections 44ac and 206c in the income-tax act, 1961, (hereinafter called 'the act'), by the finance act, 1988. the drawing of the tax net tighter on these types of persons as an 'anti-evasion measure', as described by the finance minister in his budget speech, has been assailed in this batch of ..... two reasonable views, the one favourable to the assessee has to be accented as per ambika silk mills co. ltd. v. cit : [1952]22itr58(bom) and cit v. vegetable products ltd. : [1973]88itr192(sc) . another reason advanced is that the income-tax act being an all-india statute, the view propounded by one high court of the country should be accepted by other high courts .....
Tag this Judgment!Court : Orissa
Reported in : [1977]108ITR398(Orissa)
..... r.n. misra, j. 1. this is an application by the revenue under section 256(2) of the income-tax act, 1961, for a direction to the appellate tribunal to state a case and refer the following question said to be of law for determination of this court:'whether, in the ..... said in respect of the remaining four transactions.8. when the appellate tribunal was asked to state a case by an application made by the commissioner of income-tax under section 256(1) of the act, the tribunal came to hold that the finding reached by the tribunal was one of fact and no question of law emerged out of its order. ..... index numbers as also the discharged hundis. not being satisfied with the confirmatory letters, the income-tax officer issued notices to the creditors under section 131 of the act. some of the creditors responded by appearing before the income-tax officer either in person or through agents and the income-tax officer recorded their statements. he rejected the assessee's stand and included the entire cash .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori354; 19(1953)CLT269
..... having been discharged, the assessee claimed that the sum or expenses incurred in the defence of these prosecutions should be deducted under section 10 (2) (xv) of the indian income-tax act, 1922 as expenses wholly and exclusively incurred for the purpose of the assessee's business. the ex-emption was allowed. at page 567, in paragraph 2, chagla c. ..... mohapatra, j. 1. this is a reference under section 66 (1) of the indian income-tax act made by the income-tax appellate tribunal, bombay branch. the assessee is an undivided hindu family represented by lachminarayan modi, the karta of the said family. lachminarayan has four brothers who separated ..... we direct accordingly under section 66(4) of the act that the tribunal should send a further statement of all the relevant facts in the light of the above decisions in -- 'j. b. advani & co. ltd. v. commr. of income tax and excess profits tax' : [1950]18itr557(bom) and -- 'mahabir parshad & sons v. commr. of income tax punjab and n. w. f. p. lahore' .....
Tag this Judgment!Court : Orissa
Reported in : [1976]105ITR286(Orissa)
..... in regard to rs. 41,075 was, however, not accepted and the addition was sustained. penalty under section 271(1)(c) of the income-tax act (hereinafter referred to as the 'act') was levied and upheld. these two reference applications arise out of the appellate tribunal's disposal of the appeal against the quantum as also the ..... an opportunity of leading evidence on the point relevant to its explanation. the income-tax officer rejected the explanation of the assessee and added the amount as income from a concealed source. consequently, proceedings were taken under section 271(1)(c) of the act and penalty was also levied. both the appeals before the appellate assistant ..... facts and circumstances of the case, the assessee has not been prejudiced on account of the income-tax officer examining the bank manager behind the assessee's back (3) whether the imposition of penalty under section 271(1)(c) of the act is at all warranted ?' 2. assessee is a registered firm and carries on business .....
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