Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: patna Page 23 of about 423 results (0.140 seconds)

Kumar Films Pvt. Ltd. Vs. Commissioner of Income-tax and ors.

Court : Patna

..... , has been made.3. the petitioner has challenged the appointment of the auditor on the ground of non-fulfilment of the requirements as contained under section 142(2a) of the income-tax act, 1961 (hereinafter referred to as 'the act'). elaborating the submission, learned counsel for the petitioner submitted that the regular assessment proceeding has already been concluded by the assessing authority and some undisclosed ..... a special procedure with regard to block assessment. in other words, while section 143 of the act deals with the disclosed income, section 158bc deals with undisclosed income. there are two basic requirements for appointment of an auditor as is evident from section 142(2a) of the act. the first requirement is that a proceeding should be pending before the assessing authority. in this .....

Smt. Puspa Singh, Vs. Union of India (Uoi) and ors.

Court : Patna

..... law arise for consideration in this batch of cases. the petitioners assailed the order dated june 15, 1993 passed by the appropriate authority of the income-tax department under chapter xxc, i.e., section 269ud of the income-tax act, 1961. the said order is the common order in all these cases. it has been assailed on many grounds but we take up one of the ..... with law. 3. learned counsel for the petitioners assailed the entire proceeding on many other grounds, for example, it was argued that the provisions of chapter xx-c of the income-tax act are totally inapplicable, that no reasonable opportunity was afforded at any stage, that the materials used were not germane to the matter, that there was no application of mind, and .....

Smt. Pushpa Kumari Vs. Commissioner of Income-tax and ors.

Court : Patna

..... -2, muzaffarpur, issuing commission with regard to the cost of construction of the residential-cum-commercial complex under section 131(1)(d) of the income-tax act, 1961, (hereinafter referred to as the 'act'), read with order xxvi, rule 9, of the code of civil procedure.3. the simple question involved in this case is as to whether the assessing ..... section 55a or to a competent authority under section 269l of the act. however, while dealing with the said matter, it was submitted in that case on behalf of ..... appointed. it is not open to the valuation officer to act in his capacity as valuation officer otherwise than in discharge of his statutory functions. he cannot be called upon nor would he have the jurisdiction to give a report to the assessing officer under the income-tax act except when a reference is made under and in terms of .....

Sheo Nandan Prasad. Vs.The Union of India, and anr.

Court : Patna

..... 1994, passed by the settlement commission (it & wt), additional bench, calcutta, in purported exercise of powers under section 245 d (4) of the income-tax act, 1961, (hereinafter referred to as the act), whereby the order of assessment as per the prescribed procedure has been passed and also orders have been passed for payment of interest. the present writ ..... the facts and circumstances of each case, and by recording reasons in support of the order. he relies on the judgment of the supreme court in commissioner of income-tax v. anjum m.h. ghaswala and others (2001) 252 itr i. he also relies on the relevant circular dated 2.5.1994, which has been issued ..... are concluded by the authoritative pronouncement of the supreme court in commissioner of income tax vs. anjum m.h. ghaswala and others(supra), wherein it has been held that the settlement commission is bound to impose tax in terms of section 139(8)(a) of the act. it can consider the petitioners plea for waiver or reduction in interest .....

B.K. Jaiswal and ors. Vs. State of Bihar and ors.

Court : Patna

..... they also relied upon a bench decision of this court in (1993) 2 p.l.j.r. 555 which was rendered in the context of section 206c of the income-tax act as it was in existence at that time. counsel for the petitioners also relied on a decision of kerala high court in madras rubber factory limited v. state of kerala ..... who earlier appeared on behalf of the petitioners in these cases was quite right in his submission that the amount of sales tax leviable is legally required to be determined in an assessment proceeding under the finance act and it is in that proceeding that the question as to what constitutes the taxable turnover of the assessee can be determined ..... to cause interference in the assessment proceeding that would be held against the petitioners under the provisions of the bihar finance act and would come in their way to try to show and persuade the assessing authority that sales tax was leviable on the cost price of the country liquor, excluding the amount of excise duty.9. mr. jain .....

Mahadeo Lal Agarwala Vs. State of Bihar and anr.

Court : Patna

..... (economic offences), muzaffarpur, in trial no. 777 of 1987, refusing to discharge the petitioner in a prosecution under section 277 of the income-tax act, 1961 (hereinafter referred to as 'the act'). 3. it appears that the petitioner has been prosecuted for the offence under section 277 of the act on the ground that the petitioner had fraudulently and dishonestly made a false statement about his ..... income in the verification of his return for the assessment year 1974-75 and thereby dishonestly induced the income-tax authority to assess on lesser amount causing wrongful loss to the department and .....

Bihar State Co-operative Bank Ltd. Vs. Union of India (Uoi) and ors.

Court : Patna

1. heard learned counsel for the parties. 2. admittedly, appeal is pending against the assessment order. when the attachment was made under section 226(3) of the income-tax act, 1961 the petitioner itself undertook to deposit the amount in instalment and thereafter the attachment was recalled. now the petitioner is making a prayer to stay the realisation of the amount till the disposal of the appeal. 3. the petitioner cannot be allowed to blow hot and cold. once it has undertaken to deposit the amount, it cannot take a different stand. in that view of the matter, the prayer for stay of realisation of the amount till the disposal of the appeal is rejected. however, the appellate authority is directed to dispose of the appeal expeditiously preferably within two months from the date of receipt/production of a copy of this order.

Shashi Kumar S/O Late Sureshwar Sharan Vs. the State of Bihar Through ...

Court : Patna

..... , 2005, by p. ramanatha aiyar:gazetted officer. an officer who holds a gazetted post. [section 2(17)(c), c.p.c. (5 of 1908)]; [section 194a(3), expln., income-tax act (43 of 1961)]. defined. act 14, 1887, section 2(1)(b).the usual incidents so far as the office of the gazetted officer is concerned, are that his appointment is always published in the ..... unfair and would prejudice to him. the authority already having taken a decision in the matter to the prejudice of the petitioner cannot be expected to change his views or act impartial in the matter. in my view, these issues should be first raised by the petitioner before the disciplinary authority as also before the enquiry officer. if the disciplinary authority .....

Smt. Tej Kumari and ors. Vs. Commissioner of Income Tax and ors.

Court : Patna

..... i may also like to examine the relevant provisions of the income tax act. chapter xiv of the act lays down the procedure for assessment. section 139 provides that every person whose total income during the previous year exceeded the maximum amount which is not chargeable to income tax, shall, on or before the due date, furnish a return ..... these sections should not be charged on excess tax as per income determined under sections 143(3) and 144 of the act and further held that interest under section 234a was leviable on the tax on the total income as declared in the returns. the said decision of ranchi club v. commissioner of income tax, ranchi and ors. is reported in : ..... by the division bench in ranchi club's case. firstly, whether interest under sections 234a and 234b of the act can be levied on the tax payable on the returned income or tax payable on the assessed income and secondly whether in absence of any specific order of the assessing authority interest could be charged and recovered .....

Ram Balak Singh and Co. Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)65ITD1(Pat.)

..... . 1,69,556. after giving credit to the tax deducted at source, the balance tax payable was rs. 1,00,950. penalty for 29 months @ 2 ..... s. 271(1)(a) of the it act, 1961, though tax deducted at source of rs. 68,606 exceeded the tax assessed on the assessee as a registered firm of rs. 67,934. for this purpose, the ao had computed the tax on assessed income as an unregistered firm in terms of s.271(2) of the it act, 1961 and the tax on assessed income so found by him was rs ..... per cent. of the assessed tax came to rs. 58,551.3. the cit(a) cancelled the penalty considering the decision .....