Judgment Search Results Home > Cases Phrase: income tax act 1961 section 155 other amendments Court: patna Page 36 of about 423 results (1.002 seconds)

V.K. Agrawal Vs. Union of India

Court : Patna

..... issue before the court is whether a writ may issue on such a petition.there is no issue before the court that the law has not provided whether under the income tax act, 1961 or the rules framed thereunder that there is any statutory liability on behalf of the department, that a percentage of the monetary value of the assets discovered will be delivered ..... .3. the petitioner ran the risk of collecting intelligence and his status was not better than that of a snooper praying and picking up information and delivering it to the income-tax department for the purposes of receiving a prize.4. the court has reservations whether such arrangements may be a contract enforceable by a court of law. on this, the court .....

Commissioner of Income Tax Vs. Maqbool Alam and Co.

Court : Patna

..... the tune of one third of the claim for personal use of the car by the partner and also disallowance of deduction under section 35b of the income tax act, 1961 (hereinafter referred to asthe act).3. on the question of disallowance of deduction under section 35b, the commissioner (appeals) came to the finding that since the order of the ..... 1. whether, on the facts and in the circumstances of the case. the tribunal was justified in holding that the order passed by the income tax act officer merged into the order passed by the commissioner of income tax (appeals)?2. whether, on the facts and in the circumstances of the case, the tribunal was justified in its finding that the order ..... by him. it has been said that when there is no decision by the appellate authority, the order of the income tax officer remains untouched and it is open to the commissioner, in exercise of power under section 33b of the act, to revise it (see the observation at page 13 in r.s. banwarilals case (supra). the said full .....

M.E. Jalil Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1984)9ITD310(Pat.)

..... the business. the share of the partner is business income in his hands for the purpose of section 10(1) of the indian income-tax act, 1922, and being business income, expenditure necessary for the purpose of earning that income and appropriate allowances are deductible therefrom in determining the taxable income of the partner. held, accordingly, that the respondent, ..... his share of the profits of the firm the expenses so incurred. in the book of the learned authors kanga and palkhivala's law and practice of income-tax, 7th edition, volume 1, it is mentioned as under: deductions allowable to partner from his share of profits of firm--normal expenses of the firm, ..... both the sides. the cases of tipperary estates co. (supra) and moulvic estate (supra), pertained to agricultural income-tax, where salary paid to a partner was allowed as an expenditure while working out the agricultural income. these two cases are not relevant to the facts here. in the case of jugal kishore baldeo sahai (supra .....

Sau Jamnadevi Balkisan Jaju Vs. First Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1987)20ITD209(Pat.)

..... subsequently, for this assessment year, the ito took reassessment proceedings. the reason recorded by the ito for the issue of notice under section 148 of the income-tax act, 1961 ('the 1961 act') was that he had occasion to critically examine such a deduction claimed in respect of advertisement expenses for the assessment year 1963-64 and it was noticed ..... to section 34(1)(b).in this case decided by the bombay high court, the reassessment proceedings under section 34(1)(a) of the indian income-tax act, 1922 ('the 1922 act'), had been initiated. the question that had arisen was whether in the reessessment such items which satisfied the conditions of section 34(1)(b) and ..... found that the rent fixed by the government was rs. 4,658 per month and he initiated reassessment proceedings under section 147(a) of the 1961 act, to bring to tax the difference. the tribunal held that the assessee could not be said to have failed or omitted to disclose all material facts necessary for assessment and .....

Rajesh Kumar Phoolchand Agrawal Vs. First Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1987)20ITD730(Pat.)

..... up to the assessment year 1969-70, dhannamal filed his return in the status of an individual and the share income of his two minor sons from the partnership was included in the assessment under section 64 of the income-tax act, 1961. in the assessment year 1970-71 and later, the assessee filed the return in the status of huf showing ..... before the wto that there had been a complete partition of the huf as on 18-3-1983. the wto passed an order under section 20 of the wealth-tax act, 1957 recognising the complete partition.4. on this partition, certain properties had been allotted to shri phoolchand bharmal agrawal. shri phoolchand bharmal agrawal claimed that these properties which ..... and the assessments were completed in the status of individual. the aac cancelled the assessments and held that the proper status was that of a huf and the share income of the minors could not be included under section 64. the tribunal also took the same view. on reference, it was held by the high court that the .....

Auto Square Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1992)43ITD259(Pat.)

..... ), [hereinafter described as dc (appeals) for short], dated 16-9-1991 confirming the penalty levied under section 271 b of the income-tax act, 1961 (naming of the act hereinafter, omitted). the appeal relates to the assessment year 1989-90.2. in the opinion of the assessing officer (ao for short), as the assessee did riot file ..... could not be furnished as the return inadvertently was not filed within the time stipulated under section 139(1) due to illness of the partner, who was looking after the income-tax matters, it had escaped his mind. he ultimately died on 25-8-1990. the a.o. felt that the explanation was unsatisfactory. he opined that there were two ..... if the assessee proves that there was reasonable cause for the failure. in this case, it is not disputed that the partner who used to look after the income-tax matters had after prolonged illness in the hospital, eventually died.it squarely proves that there was reasonable cause for failure to file the returns within the stipulated time.

Tata-yodogawa Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1996)56ITD194(Pat.)

1. this is an appeal filed by the assessee. the main dispute, before us, contained in ground nos. 4 and 5, relates to the computation of income under section 115j of the income-tax act, 1961 and whether a sum of rs. 21,27,993 should be added to the net profit as per profit & loss account for determining the "book profit" under section ..... 115j of the act.2. section 115j of the act was applicable from the assessment years (a.y.) 1988-89 to a.y. 1990-91. we are concerned ..... laid down in sub-section (1) of section 115j that where, in the case of certain companies, the total income, as computed under the i.t. act, 1961, is less than 30% of its "book profit", the total income of such assessee chargeable to tax in the relevant previous year shall be deemed to an amount equal to 30% of such "book profit". thereafter .....

Shree Panna Mills Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)65ITD24(Pat.)

..... absence of any business carried on by it in the assessment year in question. he referred to the provisions of section 2(23) of the income-tax act and section 4 of the indian partnership act, and added that in view of the definition of partnership, as given in these two sections, there could not be any partnership without fulfilling the ..... a business is an essential ingredients of the partnership. since the partnership has been assigned the same meaning by section 2(23) of the income-tax act as given in section 4 of the indian partnership act, the condition of carrying on of business must be fulfilled for taking the status of an assessee as a firm.11. in the ..... appeal filed on the ground of status of the assessee would be valid appeal as per section 246 of the income-tax act.9. the ld. departmental representative (d.r.) on the other hand, supported the order of the ld. cit (appeals). she submitted that since the assessee had itself claimed the status as a registered firm and also stated .....

Singh Construction and Co. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD153(Pat.)

..... net profit ?" 24. 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 giving my opinion on a dissent on the following identical ..... regular bench for disposal of the case in accordance with the provisions of section 255(4) of the income-tax act, 1961. ..... the appellate tribunal. reference has then been made to the procedure adopted in respect of the assessment year 1992-93 where the learned commissioner of income-tax (appeals) adopted the net profit rate of 8 per cent. on self-executed works and 5 per cent. on works executed through sub-contractors ..... records, it may be stated that the appellate tribunal noted that some of the points taken by the assessee before the learned commissioner of income-tax (appeals) had not been disposed of which were directed to be re-heard and decided.28. coming to the controversy before the third member .....

Singh Construction and Co. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Patna

..... is no specific mention of proviso to s. 145(1), it is apparent that the disallowances were made only under it. otherwise, under s. 145(1) of the act, income chargeable under the head 'profits and gains of business' has to be computed necessarily in accordance with the method of accounting regularly employed by the assessee. in my opinion, ..... applying a flat rate of net profit ?" 1. under sub-s. (4) of s. 255 of the it act, 1961 (hereinafter referred to as the 'act' for brief), i have been nominated by the hon'ble president of the 'tribunal' to act as a third member for giving my opinion on a dissent on the following identical points of difference between the ..... evidence purchase of raw material for the purpose of execution of contract work. even before us, no satisfactory evidence has been laid so as to rebut the conclusion of the cit(a). we therefore, agree with him. addition rightly confirmed.9. regarding the addition of rs. 61,083, we find substantial force in the argument of the assessee' .....