Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: patna Page 16 of about 423 results (1.069 seconds)

Deep Narayan Gupta Vs. Central Board of Direct Taxes and ors.

Court : Patna

..... 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 .....

infrastructure Development Authority, a Government of Bihar Undertakin ...

Court : Patna

Reported in : [2010]321ITR278(Patna)

..... 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 .....

J.B. Associates (P) Ltd. a Company Registered Under the Companies Act ...

Court : Patna

jyoti saran, j.1. this appeal under section 260a of the income tax act has been filed on behalf of the assessee-appellant, and is directed against the order dated 31.01.2002 (annexure-1), passed by the income tax appellate tribunal, patna bench, patna, in i.t. (s.s.) a. no. 35(pat)-2001, relatable to the block period 1987-88 to 1997-98, ..... the appellant company for the block period was assessed at rs. 54,30,677/- under section 158bc of the act. the tax payable on the said undisclosed income at the rate of 60 per cent was calculated at rs. 32,58,406/-, and surcharge payable thereon was rs. 2,44,380 at the rate of 7.5 per ..... facts. the learned solicitor general further contended that once the explanation offered by the assessees is found unsatisfactory, the sums credited in the books are to be charged to income-tax as the income of the assessees. the duty is heavily cast upon the assessees to offer a reasonable explanation as regards the nature and source of the amounts found credited in the .....

Commissioner of Income-tax Vs. Rastriya Swayam Sevak Sangh

Court : Patna

..... receipt from members as gurudakshina. it is also seen that gurudakshina is also received from devotees. the income-tax officer held that gurudakshina received by the assessee is taxable under the provisions of the income-tax act. he computed the income of the assessee in the following figures for the respective assessment years 1967-68 to 1975-76 : ..... 4, 1979, and march 19, 1980, are annexures b-1 and b-2. the revenue took up the matter in appeals before the income-tax appellate tribunal, patna bench. the income-tax appellate tribunalheard and disposed of the appeals for all the nine years by a common order dated october 8, 1980, evidenced by annexure c ..... arose before it in detail and failed to render appropriate findings as to whether gurudakshina received by the respondent-assessee from its members is exempt from income-tax. counsel for the revenue further submitted that the finding of the appellate assistant commissioner was only to the effect that gurudakshina received from the members .....

income-tax Officer Vs. Income-tax Appellate Tribunal and anr.

Court : Patna

..... order, the tribunal has veritably sat in appeal over an order passed by its predecessor members, and has plainly exceeded its jurisdiction. section 254(2) of the income-tax act, 1961, empowers the tribunal to amend any order passed by it under sub-section (1) with a view to rectify a mistake apparent from the record. 8. it ..... facts brought on record. a perusal of the assessment order would show that the income-tax officer categorically stated that the assessee could not produce the batsari account before the officer visiting the assessee's shop in the course of special survey conducted ..... conducted on the assessee's business premises and at that time, the assessee had failed to produce the so-called batsari account before the visiting officers. the income-tax appellate tribunal allowed the revenue's appeal holding as under : 'we have considered the submission made before us by both the parties and have gone through the .....

Dipesh Chandak Vs. Union of India (Uoi)

Court : Patna

..... no way connected with the grant of pardon tendered to dipesh chandak by the special court of the c.b.i. under section 291 of the income-tax act, 1961, the central government only has power to grant immunity from prosecution whereas under section 306 of the code of criminal procedure, the chief judicial magistrate ..... chandak, sri mohal lal chandak and sri n. k. chitlangia for the offences under sections 277 and 278 of the income-tax act, 1961, and the learned special judge had found a prima facie case under sections 277 and 278 of the income-tax act, 1961, against the accused, dipesh chandak, and a prima facie case under section 277 of the said ..... whereby the learned special judge has taken cognizance of the case for the offences under sections 277 and 278 of the income-tax act, 1961, against the accused dipesh chandak and for the offence under section 277 of the said act against the accused hitesh chandak, mahavir prasad chandak, mohan lal chandak and n. k. chitlangia. the complaint case .....

Commissioner of Income-tax Vs. Ramdas and Sons.

Court : Patna

..... an income-tax reference under section 256(1) of the income-tax act, 1961. the following question is referred by the tribunal for the opinion of this court : 'whether the tribunal was correct in law in holding that the rental income of the assessee was liable to be assessed as business income ?' 2. the assessee is a firm deriving income from ..... factory of the oil mill is let out to different tenants. the income derived from the let out portion of the oil premises from different tenants has been clubbed by the assessee in his business income derived from other sources. the income-tax officer the appellate commissioner and the tribunal held that since the business ..... activity of the oil mill is closed since last 35 years, therefore, income derived from factory premises as rent from tenants the same .....

Ply King Vs. Central Board of Direct Taxes and anr.

Court : Patna

..... order dated march 12, 1991, as contained in annexure 10, passed by the commissioner of income-tax, patna, rejecting the application filed by the petitioner for waiver of penalty and interest under section 273a of the income-tax act (for short 'the act').3. the facts, which are not in dispute, are that the petitioner is a ..... authority.5. learned counsel for the petitioner raised two points. firstly, he submitted that once the application under section 273a of the act was entertained and, admittedly, the commissioner of income-tax, patna, had jurisdiction at the time when the matter was being disposed of, the said application should not have been rejected on ..... in this writ petition, rejecting the claim of the petitioner on three grounds : firstly, that the application filed under section 273a of the act was not maintainable before the commissioner of income-tax, patna, as at that time he had no jurisdiction to entertain such application ; secondly, that on the merits also no case for .....

Bhagwan Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Patna

..... country spirit purchased by them. thus, the second ground also fails.so far as the last ground is concerned, on a detailed consideration of the provisions of the income-tax act, 1961, and the bihar excise act, 1915, and the rules made thereunder, in the case of ramjee prasad sahu v. union of india : [1993]202itr800(patna) (c. w. j. c. no. 7278 ..... in our opinion, a firm being assessed as a firm having been registered under section 185 of the income-tax act, would come within the purview of section 206c of the act. further, if the assessee is being assessed as a firm under the income-tax act, 1961, it is estopped and precluded from contending that the constitution of the firm was in violation of the ..... 1. in these applications the petitioners have, inter alia, questioned the vires of sections 44ac and 206c of the income-tax act, 1961.2. it is admitted that the said question is pending before the supreme court of india in transfer petition no. 42 of 1984 : bihar excise vendors association v. .....

Rajendra Prasad Vs. Commissioner of Income-tax

Court : Patna

..... 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 .....