Court : Orissa
Reported in : [1991]190ITR396(Orissa)
..... trust from the assessments of the assessee in all these years. against these appellate orders, the revenue filed applications under section 256(1) of the income-tax act for stating a case to this court. being of the opinion that all the findings are inferences of fact, the tribunal refused to refer the questions ..... the observations made in the appellate order. the assessee and the revenue both preferred appeals before the income-tax appellate tribunal where it was held, amongst others, that statements obtained under section 131 of the income-tax act cannot be used against the assessee without providing an opportunity to him to place materials for rebutting the ..... same. it was further held that the income-tax officer failed to consider all the evidence on record and without calling upon .....
Tag this Judgment!Court : Orissa
Reported in : [1976]103ITR433(Orissa)
..... following question of law has been referred to this court under section 256(1) of the income-tax act, 1961 :' whether, on the facts and in the circumstances of the case, the tribunal was justified in deleting the income from contract work on the ground that there was no real income, even though the assessee adopted the mercantile system of accounting '2. relevant facts may be ..... the assessment, under the mercantile system he shall have to find out when the right to receive the amount accrued. (see commissioner of income-tax v. a. gajapathy naidu [1961] 53 itr 114. and commissioner of income-tax v. swadeshi cotton and flour mills (private) ltd. : [1964]53itr134(sc) ).10. the assessee entered rs. 2,18,442 on the debit side under the mercantile system .....
Tag this Judgment!Court : Orissa
Reported in : 74(1992)CLT826; (1993)115CTR(Ori)393; [1993]200ITR785(Orissa)
..... writ application is being challenged by the petitioner, inter alia, on the ground that the provisions of section 55a of the income-tax act, 1961, can have no application to any enquiry under the income-tax act, 1961, to find out the investment made by the assessee in the construction of a building.2. the petitioner is a registered ..... the valuation of the house submitted by the petitioner was incorrect made a reference to the valuation officer, invoking his jurisdiction under section 55a of the income-tax act, 1961, and, on receipt of the report from the said valuation officer and finding out a huge difference between the figures submitted by the petitioner with ..... in constructing the hotel building was indicated by the petitioner and, ultimately, an assessment was made by the income-tax officer under section 143(1) of the income-tax act and the investment made was accepted by the income-tax officer. the assessee had also furnished the valuation of the house made by a registered valuer. in 1987 .....
Tag this Judgment!Court : Orissa
Reported in : [1976]103ITR706(Orissa)
..... payment made by the assessee and taken into account in computing the total income under the provisions of the income-tax act, 1961 ?'2. the assessee is a firm carrying on business in grocery articles on wholesale basis at jharsuguda in the district of sambalpur. in the assessment year 1970 ..... tribunal has stated this case and referred the following question for opinion of the court on an application of the assessee made under section 256(1) of the income-tax act, 1961 (hereinafter referred to as ' the act,'):'whether the expenditure referred to in section 40a(3) refers only to the expenditure that could be claimed as a deduction under section 37 or to any .....
Tag this Judgment!Court : Orissa
Reported in : [1992]197ITR66(Orissa)
..... pasayat, j.1. at the instance of the revenue, the following question 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, cuttack (in short, 'the tribunal') for adjudication in both the cases :' whether the tribunal was justified in their ..... determined from the method of accounting adopted by it. with these conclusions, the orders of the commissioner of income-tax passed under section 263 of the act were set aside, and the orders of the income-tax officer were restored. it is not in dispute that the revenue has not assailed the correctness of the conclusions ..... the. past records after examining the accounts properly. against the orders passed under section 263 of the act, the assessee carried the matter in appeal before the tribunal. the tribunal restored the orders of the income-tax officer and set aside the orders passed by the commissioner. in the meantime, the assessments for the .....
Tag this Judgment!Court : Orissa
Reported in : [1987]165ITR716(Orissa)
..... to cancel the assessments under section 263 of the income-tax act, 1961 ?' 2. the assessee is a partnership firm. for the assessment years 1971-72 and 1972-73, assessments were made under section 143(3) of the income-tax act, 1961 (for short 'the act'), raising the amount of taxability on january 29, ..... 1973. on the assessee's appeal, the appellate assistant commissioner confirmed the assessments. on further appeal, the tribunal by its order dated june 4, 1974, accepted the book results shown by the assessee except for the contract works done at some particular places and remanded the matter to the income-tax ..... this aspect of the matter was that the commissioner was not precluded from invoking the jurisdiction under section 263 of the act inasmuch as the income-tax officer had not applied his mind to the directions given by the tribunal and, accordingly, the orders were clearly prejudicial .....
Tag this Judgment!Court : Orissa
Reported in : (1981)22CTR(Ori)132; [1981]129ITR43(Orissa)
..... act of 1961 (hereinafter referred to as ' the act '), this court called upon the appellate bench of the income-tax tribunal at cuttack to state a case and refer the following question for the opinion of the court: ' whether, on the facts and in the circumstances of the case, the tribunal was justified in deleting the penalty levied under section 273(b) of the income-tax act ..... on the ground that the proceedings were not initiated in the course of regular assessment within the meaning of section 273 read with section 2(40) of the act ' 2. assessee is a forest contractor. the relevant assessment years are ..... of the patna high court in the case of cit v. ram chandra singh : [1976]104itr77(patna) . 5. section 273 of the act, prior to its amendment by the finance act of 1969, read thus : ' false estimate of, or failure to pay, advance tax.--if the income-tax officer, in the course of any proceedings in connection .....
Tag this Judgment!Court : Orissa
Reported in : [1993]203ITR641(Orissa)
..... the tribunal was legally justified in confirming the order of the appellate assistant commissioner deleting the penalty imposed on the assessee under section 271(1)(c) of the income-tax act, 1961 ?'the reference relates to messrs. prathi hardware stores (hereinafter referred to as 'the assessee').2. the background facts as culled out from the statement of case ..... a. pasayat, j.1. on being moved by the revenue by an application under section 256(1) of the income-tax act, 1961 (in short, 'the act'), the income-tax appellate tribunal, cuttack bench, cuttack (in short, 'the tribunal'), has referred the following question to this court for opinion:'whether, on the facts ..... commissioner. explanation 1.--where in respect of any facts material to the computation of the total income of any person under this act,-- (a) such person fails to offer an explanation or offers an explanation which is found by the income-tax officer or the appellate assistant commissioner to be false, or (b) such person offers .....
Tag this Judgment!Court : Orissa
Reported in : [1991]188ITR566(Orissa)
..... s.c. mohapatra, j.1. these two references are under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'). the statements of fact were made on the following common question of law : 'whether, on the facts and in the circumstances of the case, the non-disclosure by the assessee ..... -disclosure.5. law is now settled that all material facts are to be disclosed by an assessee and non-disclosure of the same authorises the income-tax officer to exercise power under section 147(a) of the act. what is a material fact would depend upon facts and circumstances of each case and no hard and fast rule can be laid down in ..... ice factory does not amount to disclosure of a material'fact since he is to disclose the amount which he has invested. accordingly, the income-tax officer has jurisdiction to reopen the assessment under section 147(a) of the act as regards the year 1962-63, mr. ray submitted that there being absolutely no indication that he is a partner of the firm .....
Tag this Judgment!Court : Orissa
Reported in : [1979]118ITR915(Orissa)
..... form no. 12 was an application for registration which was not in order within the meaning of section 185(2) read with section 184(6) of the income-tax act, 1961 ?'2. assesses is a partnership firm. the year of assessment is 1968-69, previous year having ended on march 31, 1968. the firm was constituted under ..... decision of the commissioner. the tribunal dealt with the provisions of the act and observed :'it follows, therefore, that when the commissioner of income-tax restored the matter to the stage of consideration of that application by setting aside the order of the income-tax officer, an opportunity to rectify the defect by making a fresh application ..... therefore, palpably wrong and prejudicial to the interests of the revenue. in the circumstances, the order passed by the income-tax officer which was wrongly labelled as an order under section 185 of the act is hereby cancelled......'5. in the first partnership deed there was no provision for continuance of the firm notwithstanding death .....
Tag this Judgment!