Court : Uttaranchal
Reported in : [2009]176TAXMAN184(NULL)
..... argued that the impugned order passed by itat is erroneous in law as the assessee had avoided to reply the notice issued by cit under section 263 of income-tax act, 1961. it is further argued that in a case of income of rs. 5,67,479 shown in the return, the sundry credits of rs. 74,15,976 were taken as correct ..... above, we are of the view that the itat has erred in law in quashing the order passed by cit under section 263 of the income-tax act, 1961, and we find that there is no illegality in the order passed by cit directing the assessing officer to make de novo assessment.9. accordingly the question of law stands answered in favour ..... the parties.3. the question of law involved in the appeal is as under:whether income-tax appellate tribunal has erred in law in quashing the order passed by cit under section 263 of income-tax act, 1961 and is there any illegality in the order of the cit directing the assessing officer to make assessment de novo after giving the opportunity to the assessee .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2003)180CTR(Uttranchal)492; [2003]259ITR138(Uttaranchal)
..... as annexures 'i', 'p', 'u', 'z' and 'ae') purported to have been issued under section 147 read with section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'). they have been impugned principally on the ground that they suffer from serious legal infirmity since they were issued after the expiry of four years from the ..... been underassessed by an amount of rs. 29 lakhs. therefore, i have reason to believe that income chargeable to tax has escaped assessment in view of clause (c) of explanation 2 to section 147 of the income-tax act, 1961.' 12. even the reasons as adopted by the authority do not furnish any premises for the submission made by mr. ..... satisfaction to reopen the assessment under section 147 of the act, as thus :'assessment in this case was completed on january 12, 1993, on total income of rs. 2,81,31,790. the income of nrc assessee was computed under the provisions of section 44bb of the income-tax act, 1961. the assessee nrc has offered mob/demob as outside .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007]290ITR538(Uttaranchal)
..... by the garhwal mandal vikas nigam ltd., the orders under section 201(1)/201(1a) were passed holding the assessee in default for not deducting the tax at source as per the provision of section 194c of the income-tax act and for charging the interest thereon. aggrieved by the order passed by the assessing officer, the assessee preferred appeals before the commissioner of ..... amount of 85 per cent. to them. it is an agreement between the contractor and agent and the income-tax department has nothing to do with this internal arrangement. the liability to pay the tax is created on the contractor under section 194c of the income-tax act and the contractor is kmvn who appoints the agents for his own facilities. thus, the kmvn cannot shirk .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2009]180TAXMAN554(NULL)
..... . hence these appeals.5. before further discussions, we think it just and proper to mention the proviso to section 147 of income-tax act, 1961, which provides reopening of the assessment on escaped income. the proviso reads as under:provided that where an assessment under sub-section (3) of section 143 or this section has been ..... under:whether the itat has erred in law in holding that notice under section 148 of income-tax act, 1961, was issued without jurisdictional foundation under section 147 available to assessing officer, and is the action under section 147 of the act covered under sub-clause (i) of clause (c) of explanation 2 to section 147 ..... included in the total receipt of the assessee. on this, a notice was issued in may 2001 under section 148 of income-taxact 1961 (hereinafter referred as'the act'), after obtaining approval from commissioner of income-tax, meerut. the assessee filed its objections to the notice and contended that it was not at fault in alleged escaped assessment .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2005)198CTR(Uttranchal)371; [2005]276ITR585(Uttaranchal)
..... legally correct in upholding the orders of the commissioner of income-tax (appeals) that there is no scope of grossing up and that the income determined on notional basis in accordance with section 44bb of the income-tax act, 1961, was not liable to be grossed up under section 195a of the income-tax act ?'4. heard learned counsel for the parties and perused ..... the record.5. as this court has discussed in income-tax appeal no. 470 of 2001 : cit v. ongc manu/uc/0005/2003, dated september 30 ..... 1. this is an appeal preferred under section 260a of the income-tax act, 1961, filed by the revenue against the judgment and order dated december 7, 2000, passed by the income-tax appellate tribunal, new delhi, in i. t. a. no 6148/delhi of 1995.2. m/s. brown and root international inc., the respondent .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)186CTR(Uttranchal)468; [2003]264ITR340(Uttaranchal)
..... amount to benefit under section 28(iv) of the income-tax act. accordingly, he added that tax component to the income of the assessee on the basis of multiple grossing. according to the assessing officer, section 44bb of the income-tax act did not override section 28(iv) of the income-tax act. according to the assessing officer, section 28(iv ..... is required to be answered :'whether, the tribunal was right in holding that mulitple stage grossing up of income was not applicable to notional income under section 44bb read with section 195a of the income-tax act ?'answer : for reasons given hereinafter we answer the above question in the affirmative, i.e., in favour ..... appearing on behalf of the assessee, on the other hand, submitted that the concept of multiple stage grossing up of income was not applicable for computing notional income under section 44bb of the income-tax act. in this connection he submitted a chart in order to explain the meaning of the expression 'multiple stage grossing up .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)187CTR(Uttranchal)462; [2003]262ITR648(Uttaranchal)
..... took exception to and questioned notices dated may 29, 2001 (annexures marked as exts. 13 to 17) issued under section 147 read with section 148 of the income-tax act, 1961 (hereinafter for short 'the act'), in regard to the assessment years 1991-92, 1992-93, 1993-94 and 1994-95 and the challenge to the notices is mainly on the ground that ..... commissioner of income-tax,special range, dehradun.' 9. at the outset it needs to be mentioned that in the reasons for reopening of assessment ..... by the assessing officer stood confirmed.in view of the above, i have reason to believe that income to the tune of rs. 109,43,12,086 has escaped assessment within the meaning of the explanation 2(c)(i) of section 147 of the income-tax act. accordingly, notice under section 148 is to be issued.(sd.) h. c. jain,addl. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)206CTR(Uttranchal)56; [2006]285ITR74(Uttaranchal)
..... by the second respondent withdrawing/rescinding the order granting registration to the petitioner society under section 12aa of the income-tax act, 1961, is quashed. consequently, the registration granted to the petitioner society under section 12aa of the income-tax act, 1961, stands restored.18. in view of the quashing of the impugned order on the ground of lack of ..... withdrawn. the said show-cause notice read as follows :the working of your institution has been reviewed in the light of the provisions of the income-tax act, 1961. it appears that the conditions laid down for grant/continuation of registration are not being fulfilled by your institution. your institution does not appear to ..... pradesh. the name was later changed to welham boys' school society.2. the petitioner has been regularly filing returns under the income-tax act, 1961 (hereinafter referred to as 'the act'). in view of the charitable objects of the petitioner society, it was granted registration under section 12aa of the .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)205CTR(Uttranchal)340; [2006]285ITR321(Uttaranchal)
..... manner and to the same extent and the assessee took the plea that no concession was enjoyed by any employee within the meaning of section 17 of the income-tax act, 1961 (hereinafter referred to as 'the act') and no deductions were made by the assessing officer. it was further held by the assessing authority that the assessee has taken the accommodation on lease at ..... on account of concessional accommodation facility provided by the employer to its employees and the assessing officer was not justified in charging interest under section 201/201(1a) of the income-tax act ?5. we have heard learned counsel for the parties and perused the record.6. it is not disputed before us that the employees of the assessee were in fact paying .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2007)207CTR(Uttranchal)651; [2006]282ITR520(Uttaranchal)
..... by such foreign companies.explanation.-for the purposes of this notification,-(a) 'foreign company' shall have the meaning assigned to it in clause (4) of ssection 80b of the income-tax act, 1961 (43 of 1961);(b) 'mineral oil' includes petroleum and natural gas.9. the exemption provided by the aforesaid notification is only with respect to those categories of foreign companies, which enter into ..... p.c. verma, j.1. this is an income-tax appeal under section 260a of the income-tax act, 1961, against the judgment order dated september 28, 1999, passed by the income-tax appellate tribunal (delhi bench 'c' new delhi) in s.t.a. no. 17 (delhi) of 1992 (hereinafter referred to as 'the tribunal'), whereby the tribunal has held that the assessee .....
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