Array ( [0] => ..... before the special judicial magistrate (economic offences), jamshedpur, respondent no. 2. a prayer has also been made for quashing the order taking cognizance under sections 276c and 277 of the income-tax act, 1961, including the entire criminal proceedings against the petitioners. 2. before dealing with the grievances made by the petitioners, it would be appropriate to refer to the factual background. petitioner no ..... air-conditioners, etc., and pays a commission of rs. 66,500 to petitioner no. 5. on scrutiny, this was disallowed and added to the total income of petitioner no. 1. penalty proceeding under section 271(1)(c) of the income-tax act,1961 (hereinafter referred to as 'the act'), was initiated. the complaint alleges that this accused firm have deliberately and wilfully furnished inaccurate particulars of ..... [1] => ..... j. 1. the petitioner is an income-tax assessee. on the allegations that there was concealment of substantial income for the assessment year 1982-83 a notice was issued under section 139 of the income-tax act (hereinafter referred to as the 'act'), to him on december 6, 1982. the petitioner failed to submit a return of income by the due date. the return ..... was actually filed on december 17, 1985. thus, on the basis of a complaint filed by the income-tax officer, the petitioner is being prosecuted ..... the assessment year but on instructions the petitioner does not dispute that it has been served. under the provisions of the act the due date by which the petitioner was required to file his income-tax return would be within thirty days from the date of service of such a notice. in case it is presumed that ..... [2] => 1. heard learned counsel for the parties.2. the tribunal after having considered the materials on record has found that section 68 of the income-tax act, 1961, is not attracted in the case for the reason that in this case credit in the books of account of the assessee-firm is on account of introduction of capital by the partners and the firm has failed to prove the amount credited in the books of account and as such it would be assessed in the hands of the partners as unexplained investment.3. in view of the aforesaid finding, in our view, no substantial question of law arises in this case warranting interference. accordingly, this appeal is dismissed. [3] => ..... common order as a common question is involved therein. 2. it appears that a best judgment assessment order was passed under section 144 of the income-tax act, 1961 {hereinafter referred to as the act), against the assessee in relation to four different years. prosecution of the petitioner was launched in these four cases because of passing of best ..... judgment assessment against the petitioner. it appears that against the said assessment order, the matter was taken in appeal before the commissioner of income-tax, who has set ..... aside the order of the assessing officer and remanded the matter. the said remand order has been upheld in further appeal by the income-tax appellate tribunal. it has been stated that since the basis of the order has gone, prosecution of the petitioner should not be allowed to continue. ..... [4] => ..... . the assessing officer during the course of regular assessment proceedings for the assessment year 1992-93 examined the flat buyers under the provisions of section 131 of the income tax act but no incriminating material came on record from their cross-examination. further, during the course of block assessment proceedings also the assessing officer again made an effort to ..... it is pointed out in this context that the land on which these flats have been constructed was taken on lease by the assessee huf from tisco in 1961 for a period of thirty years on annual lease rent of rs. 87.55. lease period expired in march 1991 and according to the learned counsel the lease ..... venture to recapitulate the facts for proper appreciation as borne out from the records.2.1. the assessee-huf owned a plot taken on lease from tisco in 1961 and constructed thereon 18 flats during the period from 1988 to 1992. the assessee-huf sold 16 flats therefrom to different parties through agreements of sale entered into ..... [5] => ..... of ajantha industries' case : [1976]102itr281(sc) , learned counsel for the petitioner has contended that the requirement of recording' reasons under section 127(1) of the income-tax act, 1961, for the transfer of a case from one income-tax officer to another is a mandatory direction under the law and non-communication thereof to the assessee is not saved by showing that the reasons exist ..... -97, dated december 6, 1996, issued by the commissioner of income-tax, patna, revenue building, gardiner road, patna, under section 127 of the income-tax act, 1961 (hereinafter referred to as 'the act'), transferring the file of the petitioner from the jurisdiction of the assistant commissioner of income-tax, investigation circle 1(2), patna, to the deputy commissioner of income-tax, special range, ranchi.2. it is contended that right from ..... [6] => ..... application is being disposed of at the admission stage itself, the petitioners challenged the notice, dated june 16, 1999, issued under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), by the joint commissioner of income-tax, special range, ranchi, relating to the assessment year 1995-96. a copy of the said notice is made annexure-7 to this writ application.2 ..... is justified in issuing notice in terms of section 148(1) of the act. section 147 of the act of 1961, as amended, under which the assessment was completed under section 147 of the act, reads as follows :'147. if the assessing officer, has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions ..... [7] => ..... tribunal has referred the following questions of law pursuant to the order of this court for its opinion under section 256(2) of the income-tax act, 1961, at the instance of the revenue :' (1) whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding ..... the order of the appellate assistant commissioner, who deleted the penalty under section 271(1)(c) of the income-tax act by wrongly putting the onus upon the department ?(2) whether, on the facts and in the circumstances of the case, the deletion of penalty under section 271 ..... )(c), as it originally stood was as follows ;' if the income-tax officer or the appellate assistant commissioner, in the course of any proceedings under this act, is satisfied that any person . . .(c) has concealed the particulars of his income or deliberately furnished inaccurate particulars of such income,he may direct that such person shall pay by way of penalty ..... [8] => ..... the facts and in the circumstances of the case, the imposition of penalty of rs. 11,352 under section 271(1)(c) of the income-tax act, 1961, for the assessment year 1967-68 is legal and valid ?'2. as to how the reference has been called for we may note a few facts from the statement of ..... d.p. wadhwa, c.j.1. on an application filed under section 256(2) of the income-tax act, 1961, by the assessee, a bench of this court directed the tribunal to draft a statement of the case and refer the following question of law for a decision :'whether, on ..... assessee also brought up a draft statement of case for the benefit of the appellate tribunal. after setting out the order of the income-tax appellate tribunal imposing penalty under section 271(1)(c) of the act and the confirmation of the same by the appellate assistant commissioner, the assessee before stating the questions said as under : 'on further appeal to the tribunal ..... [9] => ..... 20, 1980, the residential and business premises of the petitioner were searched under section 132(1) of the income-tax act, 1961 (hereinafter 'the act'). in the course of search a large number of incriminating books of account including duplicate sets of books were seized by the officers of the department. ..... petitioner in complaint case no. 68 of 1986 under section 276cc of the income-tax act, 1961, presently pending before the special court (economic offences), muzaffarpur. 2. only such of the facts as are necessary for disposal of the application need be stated. the income-tax officer, o.p. no. 2, filed a complaint alleging that on september ..... appears no doubt whatsoever that the petitioner is being prosecuted as he did not file the return of income pursuant to the notice under section 139(2) of the act issued to him by the income-tax officer. paragraph 9 of the complaint petition alleges that the accused wilfully failed to furnish in due time ..... [10] => ..... company is a private company and is an assessee within the meaning of section 2(7) of the income-tax act, 1961. two returns of loss were filed by the assessee-company first on december 28, 1989, disclosing total loss of rs. 91,69,770 and the second ..... dated february 1, 1994, passed in complaint case no. 1 of 1994 taking cognizance under sections 276c and 277 of the income-tax act, 1961, against them. 3. the union of india through the deputy commissioner of income-tax, special range, jamshedpur, filed a complaint petition before the special judicial magistrate, jamshedpur, alleging, inter alia, that the accused ..... on the materials placed before it, there is no legal bar in giving due regard to the result of the proceedings under the income-tax act, 1961.' 16. thus, the criminal court while deciding the criminal proceeding withregard to the relevant assessment year has to take into consideration theresult of the proceeding ..... [11] => ..... writ petition seeking quashing of the notice (annexure 3) issued by the assistant commissioner of income-tax on september 7, 1995, under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), declaring that he proposed to 'assess the income' of the assessee for the assessment year 1989-90. also conies under challenge the proceedings ..... under section 147 of the act initiated pursuant to the impugned notice. 2. the facts of ..... manifest that though the assessment order, dated march 11, 1993, was set aside by the commissioner of income-tax (appeals), an assessment of the assessee's income was made under section 143(3) of the act. it, therefore, follows that it is the proviso to section 147 that would cover the assessee's case ..... [12] => ..... follows: it was not open to the income-tax officer to go into the true scope of the relevant provisions of the act in a proceeding under section 154 of the income-tax act, 1961. a mistake apparent on the record must be an obvious and patent mistake and not something which can be established ..... the assessee and the same cannot be rectified by the assessing officer in exercise of the power under section 154 of the income tax act, hereinafter referred to as the act. the tribunal on appraisal of the material came to the following conclusion: after hearing the contentions, facts and materials on record, we are of the opinion that the ..... but such kind of a mistake cannot be rectified in exercise of the power under section 154 of the act. in support of the submission, he has placed reliance on a judgment of the supreme court in the case of t.s. balaram, income tax officer, v. volkart brothers and ors. : [1971]82itr50(sc) in which it has been held as ..... [13] => ..... the tribunal was justified in holding that rs. 46,000 represented the income of the assessee from undisclosed sources though the creditor was not summoned and examined under section 151 of the income-tax act, 1961 ?2, whether the finding of the tribunal in respect of the addition ..... of rs. 46,000 alleged to be the income of the assessee from undisclosed sources is in the teeth of ..... tribunal, patna bench, patna, referred to this court under section 256(2) of the income-tax act, 1961, the following questions of law for its opinion. the question relates to the assessment year ..... for the assessment year in question, he did not maintain any books of account. during the course of the assessment proceedings, the income-tax officer, working backwards from the peak amount of the bills received by the assessee for the contract work done, came to the ..... [14] => ..... two questions of law for its opinion : ' (i) whether, a revised return can be filed when a return has been filed under section 139(4) of the income-tax act, 1961 (ii) if the answer to the above question is in affirmative, whether the assessment made on the basis of the return filed by the assessee on march 21, 1978 ..... we may reproduce instruction no. 888, and the opinion of the ministry of law, which formed part of this instruction ;- xx/1/97 -- returns of income filed under section 139(4) of the income-tax act, 1961--whether can be revised under section 139(5)--whether extended time limit under section 153(1)(c) be available in respect of such returns of ..... regarding. a question has been raised as to whether a person who has filed a belated return of income under section 139(4) of the income-tax act, 1961, is entitled thereafter to file a revised return of income under section 139(5) of the act. a related question is whether in such a case the time limit for completion of assessments laid ..... [15] => ..... the communication dated october 27, 1999 (annexure 7), made to the petitioner by the commissioner of income-tax, patna, that the application filed by the petitioner for renewal of exemption under section 80g of the income-tax act, 1961, has been rejected. the reason for passing the aforesaid order was not communicated to the petitioner and ..... , accordingly, we directed counsel for the income-tax department to supply the reason for not granting the renewal of approval. the ..... petitioner on march 31, 1998, filed an application for renewal of exemption under section 80g and that application was rejected by the commissioner of income-tax after having noticed the fact that except the construction of shopping complex no other charitable work has been carried out. the commissioner has also found ..... [16] => ..... of the constitution of india, the petitioner has prayed for quashing the notice as contained in annexure-7 to the writ application, issued under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'). 2. heard learned counsel for the parties. 3. learned counsel appearing on behalf of the petitioner submitted that the order as contained in annexure-7 to the ..... is, therefore, misconceived. 5. in this case, it appears that the petitioner has filed its income-tax return for the assessment year 1991-92 under section 139(1) of the act and pursuant thereto an intimation in terms of the provision contained in section 143 of the act was sent to the petitioner accepting the return and claiming no dues. thereafter, it appears that ..... [17] => ..... is not in dispute and it shows that a certificate no. 131 dated 31st march, 2008 under section 197(1) of the income tax act, 1961 was issued by assistant commissioner, of income tax circle-i, patna. it was valid for the financial year 2007-08 till 31st march 2008. the amount of interest over fixed ..... under section 264 of the income tax act before the commissioner of income tax (tds) seeking revision of the order dated 02nd february, 2009. that application has also been rejected by the impugned order dated 03rd march, 2009 ..... exhibition road branch, patna, was the subject matter of the certificate. the prayer of the petitioner made to the competent authority under section 197 of the income tax act for the year 2008-09 was, however, rejected by order dated 02nd february, 2009, contained in annexure-3. against that order petitioner preferred an application ..... [18] => ..... s.k. katriar and kishore k. mandal, jj.1. this batch of five appeals preferred under the provisions of section 260a of the income tax act 1961 (hereinafter referred to as 'the act'), raise common issues of facts and law, and are with respect to the assessment years 1995-96, and 1997-98. dr. narendra prasad, a surgeon in ..... the question should be answered in the affirmative, namely, that the tribunal was justified in holding that the income derived by the radhasoami satsang was entitled to exemption under sections 11 and 12 of the income-tax act of 1961.we must add to the same the unfortunate development during the pendency of the present proceeding that dr. leela ..... which is in violation of the provisions of section 255(4) of the act. he relies on the following reported judgments:(i) : (1953) 23 itr 15 (jan mohammad v. commissioner of income tax)(ii) : (1953) 23 itr 505 (hanutram chandanmul v. commissioner of income tax)he submits in the same vein that it is not permissible for the learned ..... [19] => ..... rejected the prayer of the petitioner for condonation of the delay in filing the application under section 119(2) of the income-tax act, 1961 (hereinafter referred to as 'the act') for refund. 3. the matter relates to the assessment years 1993-94 and 1994-95. admittedly, the petitioner had not filed the returns within the statutory period and ..... this court does not sit as an appellate forum over the decision of the authority in exercise of the writ jurisdiction. it can interfere only when the authority has acted wrongly in the decision-making process or the order is such which cannot be supported by reasons and similar other grounds. that is not a case here. the board ..... is one year from the last day of such assessment year. admittedly, the application for refund has not been filed within time. section 119(2)(b) of the act empowers the board to extend the period for filing an application for refund in case of genuine hardship. the board has issued circulars from time to time laying down ..... ) Income Tax Act 1961 Section 155 Other Amendments - Court Patna - Page 10 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: patna Page 10 of about 423 results (0.121 seconds)

Apr 19 1995 (HC)

Equipment Service Centre and ors. Vs. Union of India (Uoi) and ors.

Court : Patna

..... before the special judicial magistrate (economic offences), jamshedpur, respondent no. 2. a prayer has also been made for quashing the order taking cognizance under sections 276c and 277 of the income-tax act, 1961, including the entire criminal proceedings against the petitioners. 2. before dealing with the grievances made by the petitioners, it would be appropriate to refer to the factual background. petitioner no ..... air-conditioners, etc., and pays a commission of rs. 66,500 to petitioner no. 5. on scrutiny, this was disallowed and added to the total income of petitioner no. 1. penalty proceeding under section 271(1)(c) of the income-tax act,1961 (hereinafter referred to as 'the act'), was initiated. the complaint alleges that this accused firm have deliberately and wilfully furnished inaccurate particulars of .....

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Jul 25 1997 (HC)

Lal Saraf Vs. State of Bihar and anr.

Court : Patna

..... j. 1. the petitioner is an income-tax assessee. on the allegations that there was concealment of substantial income for the assessment year 1982-83 a notice was issued under section 139 of the income-tax act (hereinafter referred to as the 'act'), to him on december 6, 1982. the petitioner failed to submit a return of income by the due date. the return ..... was actually filed on december 17, 1985. thus, on the basis of a complaint filed by the income-tax officer, the petitioner is being prosecuted ..... the assessment year but on instructions the petitioner does not dispute that it has been served. under the provisions of the act the due date by which the petitioner was required to file his income-tax return would be within thirty days from the date of service of such a notice. in case it is presumed that .....

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Sep 10 2003 (HC)

Commissioner of Income-tax and anr. Vs. Md. Perwez Ahmad and ors.

Court : Patna

1. heard learned counsel for the parties.2. the tribunal after having considered the materials on record has found that section 68 of the income-tax act, 1961, is not attracted in the case for the reason that in this case credit in the books of account of the assessee-firm is on account of introduction of capital by the partners and the firm has failed to prove the amount credited in the books of account and as such it would be assessed in the hands of the partners as unexplained investment.3. in view of the aforesaid finding, in our view, no substantial question of law arises in this case warranting interference. accordingly, this appeal is dismissed.

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Dec 19 1996 (HC)

Bhola Nath Keshari Vs. State of Bihar and anr.

Court : Patna

..... common order as a common question is involved therein. 2. it appears that a best judgment assessment order was passed under section 144 of the income-tax act, 1961 {hereinafter referred to as the act), against the assessee in relation to four different years. prosecution of the petitioner was launched in these four cases because of passing of best ..... judgment assessment against the petitioner. it appears that against the said assessment order, the matter was taken in appeal before the commissioner of income-tax, who has set ..... aside the order of the assessing officer and remanded the matter. the said remand order has been upheld in further appeal by the income-tax appellate tribunal. it has been stated that since the basis of the order has gone, prosecution of the petitioner should not be allowed to continue. .....

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May 06 1999 (HC)

D. N. Kamani (Huf) Vs. Deputy Commissioner of Income Tax

Court : Patna

..... . the assessing officer during the course of regular assessment proceedings for the assessment year 1992-93 examined the flat buyers under the provisions of section 131 of the income tax act but no incriminating material came on record from their cross-examination. further, during the course of block assessment proceedings also the assessing officer again made an effort to ..... it is pointed out in this context that the land on which these flats have been constructed was taken on lease by the assessee huf from tisco in 1961 for a period of thirty years on annual lease rent of rs. 87.55. lease period expired in march 1991 and according to the learned counsel the lease ..... venture to recapitulate the facts for proper appreciation as borne out from the records.2.1. the assessee-huf owned a plot taken on lease from tisco in 1961 and constructed thereon 18 flats during the period from 1988 to 1992. the assessee-huf sold 16 flats therefrom to different parties through agreements of sale entered into .....

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Nov 17 1998 (HC)

Steel Engineering and Processing Works Vs. Union of India (Uoi) and or ...

Court : Patna

..... of ajantha industries' case : [1976]102itr281(sc) , learned counsel for the petitioner has contended that the requirement of recording' reasons under section 127(1) of the income-tax act, 1961, for the transfer of a case from one income-tax officer to another is a mandatory direction under the law and non-communication thereof to the assessee is not saved by showing that the reasons exist ..... -97, dated december 6, 1996, issued by the commissioner of income-tax, patna, revenue building, gardiner road, patna, under section 127 of the income-tax act, 1961 (hereinafter referred to as 'the act'), transferring the file of the petitioner from the jurisdiction of the assistant commissioner of income-tax, investigation circle 1(2), patna, to the deputy commissioner of income-tax, special range, ranchi.2. it is contended that right from .....

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Aug 26 1999 (HC)

Usha Beltron Ltd. and anr. Vs. Joint Commissioner of Income-tax and or ...

Court : Patna

..... application is being disposed of at the admission stage itself, the petitioners challenged the notice, dated june 16, 1999, issued under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), by the joint commissioner of income-tax, special range, ranchi, relating to the assessment year 1995-96. a copy of the said notice is made annexure-7 to this writ application.2 ..... is justified in issuing notice in terms of section 148(1) of the act. section 147 of the act of 1961, as amended, under which the assessment was completed under section 147 of the act, reads as follows :'147. if the assessing officer, has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions .....

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Apr 24 1996 (HC)

Commissioner of Income-tax Vs. Ashok Kumar Jha

Court : Patna

..... tribunal has referred the following questions of law pursuant to the order of this court for its opinion under section 256(2) of the income-tax act, 1961, at the instance of the revenue :' (1) whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding ..... the order of the appellate assistant commissioner, who deleted the penalty under section 271(1)(c) of the income-tax act by wrongly putting the onus upon the department ?(2) whether, on the facts and in the circumstances of the case, the deletion of penalty under section 271 ..... )(c), as it originally stood was as follows ;' if the income-tax officer or the appellate assistant commissioner, in the course of any proceedings under this act, is satisfied that any person . . .(c) has concealed the particulars of his income or deliberately furnished inaccurate particulars of such income,he may direct that such person shall pay by way of penalty .....

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Mar 01 1996 (HC)

Padam Kumar JaIn Vs. Commissioner of Income-tax

Court : Patna

..... the facts and in the circumstances of the case, the imposition of penalty of rs. 11,352 under section 271(1)(c) of the income-tax act, 1961, for the assessment year 1967-68 is legal and valid ?'2. as to how the reference has been called for we may note a few facts from the statement of ..... d.p. wadhwa, c.j.1. on an application filed under section 256(2) of the income-tax act, 1961, by the assessee, a bench of this court directed the tribunal to draft a statement of the case and refer the following question of law for a decision :'whether, on ..... assessee also brought up a draft statement of case for the benefit of the appellate tribunal. after setting out the order of the income-tax appellate tribunal imposing penalty under section 271(1)(c) of the act and the confirmation of the same by the appellate assistant commissioner, the assessee before stating the questions said as under : 'on further appeal to the tribunal .....

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Aug 29 1996 (HC)

Lal Saraf Vs. State of Bihar and anr.

Court : Patna

..... 20, 1980, the residential and business premises of the petitioner were searched under section 132(1) of the income-tax act, 1961 (hereinafter 'the act'). in the course of search a large number of incriminating books of account including duplicate sets of books were seized by the officers of the department. ..... petitioner in complaint case no. 68 of 1986 under section 276cc of the income-tax act, 1961, presently pending before the special court (economic offences), muzaffarpur. 2. only such of the facts as are necessary for disposal of the application need be stated. the income-tax officer, o.p. no. 2, filed a complaint alleging that on september ..... appears no doubt whatsoever that the petitioner is being prosecuted as he did not file the return of income pursuant to the notice under section 139(2) of the act issued to him by the income-tax officer. paragraph 9 of the complaint petition alleges that the accused wilfully failed to furnish in due time .....

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