Court : Orissa
Reported in : [1959]36ITR100(Orissa)
..... rule 6 in the said rules to the effect that the rules and orders that are issued by the government of india from time to time under the indian income-tax act, 1922, should be followed in the state. but this rule does not in any way help the contention of the learned counsel for the assessee. it is ..... the assessee, contends that under section 3 of the income-tax act which is a charging section, no tax can be levied unless the annual finance act is passed. section 3 of the indian income-tax act is as follows :'where any central act enacts that income-tax shall be charged for any year at any rate or rates tax at that rate or those rates shall be charged ..... case.the assessee raised two contentions before the tribunal to the effect, firstly, that under section 3 of the indian income-tax act, there must be a central finance act enacting the rates of income-tax for the year of assessment and as, such finance act was not passed by the gangpur state, there was no rate in force so as to determine the .....
Tag this Judgment!Court : Orissa
Reported in : (1997)143CTR(Ori)454
..... learned counsel for the parties and are being disposed of by this common judgment.2. circular no. 681, dt. 8th march, 1994, relates to deduction of income-tax at source under s. 194c of the act from payments made to contractors/sub-contractors. the board issued the circular purportedly on the basis of the judgment rendered by the supreme court on 23rd march ..... the supreme court in associated cement co.s case (supra) and held that the supreme court has in no way extended or amplified the scope of s. 194c of the it act, 1961. it merely held that the said section is not confined to works contracts but also applies to labour contracts. the supreme court in that case was required to consider the ..... , ministry of finance, government of india, opposite party no. 1, is ultra vires arts. 14 and 265 of the constitution of india and ss. 44ae, 119 and 194c of the it act, 1961 (for short 'the act'), and for a direction not to make any deduction from the amount due to the petitioners under s. 194c of the .....
Tag this Judgment!Court : Orissa
Reported in : (1991)100CTR(Ori)211; [1992]194ITR743(Orissa)
..... , j.1. at the instance of the revenue, the following question has been referred to this court for adjudication by the income-tax appellate tribunal, cuttack bench (in short 'the tribunal'), under section 256(1) of the income-tax act, 1961 (in short 'the act').'whether, on the facts and in the circumstances of the case, the tribunal was legally justified in holding that the commissioner of ..... in conformity with the directions given by the inspecting assistant commissioner and thereby setting aside the order passed by the commissioner of income-tax under section 263 of the income-tax act, 1961 ?'2. the background facts are that the assessee was assessed for the assessment year 1973-74 for the accounting period ending on december 31, 1972, on september 18, 1979. the .....
Tag this Judgment!Court : Orissa
Reported in : [1995]211ITR993(Orissa)
..... on an application being filed under section 256(1) of the income-tax act has referred the following two questions to be answered by this court :'(i) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in directing the income-tax officer to estimate profit at 12.5 per cent. of the ..... in the execution of the extra work carried out in the earlier assessment year (ii) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in holding that the pre-award interest component of the amount was not taxable ?' 2. the short facts leading to the order of the ..... tribunal referring the two questions may be briefly stated.3. the assessee had executed some civil contract under the government during the financial years 1961-62 to 1965-66. disputes having arisen between the parties in accordance with the arbitration clause in the agreement the same were referred to the arbitrator. the .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT413; [1992]196ITR838(Orissa)
..... j. 1. the commissioner of income-tax, orissa, and the income-tax officer, ward a, sambalpur, call in question the legality of the order passed by the income-tax appellate tribunal, cuttack bench (hereinafter referred to as ' the tribunal'), in purported exercise of its powers under section 254(2) of the income-tax act, 1961 (in short 'the act').2. the background facts are ..... as follows :one, shri h. k. phool (opposite party no. 3) (hereinafter referred to as ' the assessee ') filed his return of income before petitioner no. 2 for the assessment year 1978-79. from ..... no. i. t. a. 260/ctk of 1983. the tribunal held that the commissioner of income-tax (appeals) was not justified in remanding the matter for further enquiry. an application under section 254(2) of the act was filed before the tribunal, inter alia, on the ground that there were certain basic mistakes .....
Tag this Judgment!Court : Orissa
Reported in : (1991)99CTR(Ori)181; [1991]191ITR688(Orissa)
..... assessee less the investment allowance allowed under section 32a of the act. the income-tax officer rejected the contention of the assessee that, for granting ..... l. hansaria, c.j.1. the assessee is a partnership firm and it derived its income from manufacture and sale of charcoal. it was entitled to certain deduction under section 80hh of the income-tax act, 1961 (hereinafter 'the act'). though the deduction was allowed, the same was calculated on the profit earned by the ..... 80hh on profits of the industrial undertaking before deducting the investment allowance allowed under section 32a of the income-tax act ' 2. to answer the aforesaid question, we may note section 80hh(1) of, the act: '80hh. deduction in respect of profits and gains from newly established industrial undertakings or hotel business in .....
Tag this Judgment!Court : Orissa
Reported in : 42(1976)CLT115; [1977]106ITR487(Orissa)
..... r.n. misra, j. 1. on being moved by the assessee under section 256(1) of the income-tax act of 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, cuttack bench, has stated this case and referred the following question for the opinion of the court :'whether, on the facts and in the circumstances of ..... the appellate tribunal at bombay and the appeals were received on april 7, 1954, one day after the expiry of the period prescribed under section 33 of the indian income-tax act of 1922. the tribunal while rejecting the application for condonation of delay had taken the view that there was no justification for the appellant to wait till the 56th ..... of cross-objections referred to in sub-section (4), be accompanied by a fee of rupees one hundred.' 4. rule 6 of the income-tax (appellate tribunal) rules, 1963, made under section 255(5) of the act provides :'(1) a memorandum of appeal to the tribunal shall be presented by the appellant in person or by an agent to the .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ2417
..... knowledge about how a particular asset was acquired or an investment therein was made. the onus is at least similar to that as is expressed under section 68 of the income-tax act, 1961. the said section reads as follows:'68. cash credits. where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers ..... d.w. 7 as loan is not acceptable. it is to be noted here that under section 269 of the income-tax act, 1961, if a person received cash of rs. 10,000/- or more after 30-6-1984 it is an offence.(4) income from house property situated at aparna nagar, chauliaganj in the name of smt. manorama roul. source of investment and claim .....
Tag this Judgment!Court : Orissa
Reported in : [1976]105ITR371(Orissa)
..... had been taken by surprise by receipt of the new material placed before the first appellate authority, it has virtually proceeded on that footing. section 250(4) of the income-tax act, 1961, provides the scope of disposal of appeals by the first appellate authority. it is as follows:'the appellate assistant commissioner may, before disposing of any appeal, make such further ..... r.n. misra, j.1. these are several applications under section 256(2) of the income-tax act, 1961, all made by the assessee. by order dated december 6, 1973, made in these applications, this court called upon the appellate tribunal to state the case and refer the ..... deleted from the membership of the family.6. on july 1, 1960, the assessee claimed a partition in the family and in assessment year 1961-62, a claim of partition under section 25a of the indian income-tax act, 1922, was made by petition dated january 15, 1962. the assessee contended that the larger hindu undivided family with badrinarayan as the karta had .....
Tag this Judgment!Court : Orissa
Reported in : [1971]79ITR493(Orissa)
g.k. misra, c.j. 1. this reference has been made under section 256(1) of the income-tax act, 1961. two questions have been framed by the assessee asking for reference. they are !' 1. whether, on the facts and circumstances of the case, the tribunal was justified in holding that ..... the amount recovered by the government as penalty for non-supply of paddy according to specification was not deductible as expenditure under the indian income-tax act, 1922 ? 2. whether, on the facts and circumstances of the case, the tribunal was justified in upholding the estimate of profit at 121/2 per cent. on the gross value ..... purpose of such business, profession orvocation. ' 5. it is not necessary to enumerate the provisions of clauses (i) to (xiv) of sub-section (2) of section 10 of the indian income-tax act. a bare perusal of these clauses would show that the penalty would not come within theambit of any one of those clauses so as to entitle the assessee to claim .....
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