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Asst. Commissioner of Income-tax Vs. Nageshwar Prasad (Late). (by

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)63ITD29(Pat.)

..... smt. yawarunnissa begum v. wto [1975] 100 itr 645 (ap) distinguished." 17. the high court drew a distinction between the provisions of the income-tax act, 1961, and the wealth-tax act, 1957. they seem to have held the opinion that the legal representative cannot be proceeded against in the penalty proceedings or penalty proceedings cannot be initiated ..... of the deceased assessee liable for the penalty which would have been payable by the deceased assessee had he not died. under section 159 of the income-tax act, 1961, penalty proceedings for a default committed by the deceased can be started or continued against the legal representatives. held, therefore, it is not possible to ..... answer to the above question is in the affirmative, whether in the facts and circumstances of the case, penalty under section 271(1)(c) of the income-tax act, 1961, levied on the learned representative of the deceased should be upheld or cancelled on merits 4. i hold that almost all the points of difference listed .....

Commissioner of Wealth-tax, Bihar-i, Patna Vs. Jagdish Prasad Choudhar ...

Court : Patna

..... of andhra pradesh high court in anantha naganna chetty air 1970 ap 367 (supra) came to the conclusion that penalty proceeding under section 271(1)(a) of the income-tax act, 1961 was not only quasi-judicial but also quasi-criminal and the revenue in order to impose penalty has to discharge its onus in strict compliance of the law. the ..... in : [1970]78itr743(ap) . that was a case of penalty proceeding under section 28(3) of the income-tax act, 1922 read with section 5(7c) of the said act. those were the corresponding provision of sections 274 and 129 of the income-tax act, 1961.21. the division bench of andhra pradesh high court in that case while construing the provision of section 5(7c ..... the procedural safeguards against such levy are found in other taxation laws, namely, section 274 and 129 of the income-tax act, section 17,17(2), 17a and 17a(4) of the gift-tax act as also section 10a(i) of the central sales tax act, 1956.9. on a glance at the provisions of section 18(1)(a) and 18(1)(b) of .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... previous year, i.e., 31-12-1985. total amounts to rs. 54,319. the due date for filing the return of income under section 139(1) of the income-tax act, 1961 was 30-6-1986 and it is an admitted position that the above outstanding amounts were paid after 30-6-1986.the assessee is, therefore, not saved ..... appeal filed by the assessee. the main dispute relates to the order of the cit(a) confirming disallowance of unpaid sales tax of rs. 54,319 under section 43b of the income-tax act, 1961.2. the facts, in brief, are that bihar sales-tax amounting to rs. 47,159 and central sales-tax amounting to rs. 7,260 remained unpaid on the last date of the ..... by the first proviso below section 43b of the act, even if the first proviso is treated as clarificatory and operative from 1-4-1984, as held by .....

Joint Commissioner of Income-tax Vs. Smt. Dr. Reeta Singh

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2002)80ITD503(Pat.)

..... -1997 at the residential premises of the assessee, wherein cash and valuable securities were seized. notice under section 158bc of the income-tax act, 1961 (in short the act) was served on the assessee and returns were filed belatedly on 15-12-1999, declaring total undisclosed income of rs. 1,79,980/-. the assessee is a professor of economics at patna university, patna. though she has ..... to the authority concerned so that it may charge or deduct income-tax out of the said income. the provisions of sub-section (1) of section 192 of the act enjoins duty on an employer to deduct tax at the average rate of income-tax computed on the basis of the rates in force on the estimated income of the assessee. it means that an estimate of the .....

Commissioner of Income Tax Vs. Metallurgical Engineering Consultants ( ...

Court : Patna

..... to the british oxygen co. ltd., london, in pursuance of the agreement dt. 1st oct., 1959, was a permissible deduction under s. 37(1) of the it act, 1961,' the court held that it was nothing but revenue expenditure. the court noted that the high court after examining the various clauses in the agreement between the assessee and ..... ,709 paid to the foreign collaborators on account of licence fees, engineering services fee and foreign technicians services was not deductible as revenue expenditure ?'asst. yr. 1974-75 (tax case no. 19 of 1983) :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the expenditure of rs. 1 ..... ,981 paid to the foreign collaborators on account of licence fees, engineering services fee and foreign technicians services was not deductible as revenue expenditure ?'asst. yr. 1976-77 (tax case no. 17 of 1983) :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that a sum of rs. 11 .....

Munsi-ii HussaIn Vs. Income Tax Appellate Tribunal and ors.

Court : Patna

..... agreed with that of respondent no. 4. the said order of the tribunal is annexure 6.5. thereafter, the petitioner filed an application under s. 256(1) of the it act, 1961, before respondent no. 1 praying therein to refer the question of law arising out of the order dt. 13th sept., 1995, as contained in annexure 6, to the high ..... it appeal no. 100/ran/1, 1990-91. by order dt. 25th feb., 1992, while agreeing with the submissions of the petitioner that he was eligible for 25 per cent of the share income from the unregistered firm, held that the ..... . was included in his assessment. total income was determined and clubbed both the heads at the hands of the petitioner and estimated the rate of profit @ 10 per cent on the said gross receipt. this order is annexure 2 to this application. against that order the petitioner moved the cit(a), respondent no. 3, ranchi, which was registered as .....

Amba Carbonisation Pvt. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... 1962 ac 135, has stated the position as follows:the phrase 'exempt from taxation' (land and income tax act, 1954 (no. 6701) (new zealand), section 86(1)) does not cover income that is not at all within the reach of the new zealand tax laws. it refers to income that would, had it not been for the exemption, otherwise have been so taxable.15. the answer ..... shall stand reduced to the extent of tax paid under the entry tax act. in other words, where importer of scheduled goods is liable to pay tax under the entry tax act becomes liable to pay tax under the act, 1981, the tax paid by such importer under the entry tax act is adjustable against his liability to pay tax under the act 1961. second proviso appended to sub-section (2) of section 3 .....

Pushpa Pandey and ors. Vs. Janardan Prasad Singh and ors.

Court : Patna

..... .6. the case of the appellants in the first appeal is that rabindra kumar pandey was a flourishing young businessman. he himself owned two trucks and he was an income-tax assessee. he owned a private car purchased from the financier. the claimants had claimed rs. 3,00,000/- on account of premature death of rabindra kumar pandey and ..... at the rate of 6 per cent per annum from the date of order. it was further ordered that the amount received under section 92-a of the motor vehicles act will be deducted from the compensation amount.9. the applicants have filed these appeals for enhancement of compensation.10. mr. sukumar sinha, the learned counsel for the applicants ..... . the tribunal has awarded rs. 20,000/- as compensation for the death of kusum pandey. the victim was aged about 50 years and her income was rs. 3,000/- per month. according to the amendment act, the compensation should be rs. 50,000/-. accordingly the claimants are entitled to rs. 50,000/- for the death of pandey. the learned .....

JaIn Handloom Emporium Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)54ITD88(Pat.)

..... can be taxed on accrual basis, we fail to understand why the interest awarded to ..... assessee would have invested such sum and earned some income or it could have perhaps utilised the said seized sum for business purposes and would have earned some income, gains or profits which in turn would have been offered and subjected to tax in accordance with the provisions of the i.t. act, 1961. when such income which could have been earned on the seized amount .....

Azad Builders (Ccl) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD118(Pat.)

..... evidence of additional sale price having been actually received.2. in this connection, reference may also be usefully made to the provisions of section 52(2) of the income-tax act, 1961, as they existed up to assessment year 1987-88, according to which, when in the opinion of the ito the fair market value of a capital asset ..... 18,093 should be confirmed or deleted 1. under sub-section (4) of section 255 of the income-tax act, 1961 (hereinafter referred to as "the act" for brief), i have been nominated by the hon'ble president of the 'appellate tribunal' to act as a third member for my opinion on a dissent on the following point of difference between the ..... it accrues or arises to him.effectiveness of the device depends not upon considerations of morality, but on the operations of the income-tax act. legislative injunction in taxing statutes may not, except on paril of penalty, be violated, but it may lawfully be circumvented. i have a definite purpose in referring the observations .....