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Sajjan Kumar Kayan Vs. Tax Recovery Officer, Xxxi and ors.

Court : Kolkata

Reported in : (1990)1CALLT43(HC)

..... constitution of india,(h) the respondent no. 1 although has been empowers to adjourn and/or stop the sale under rule 15 of the schedule ii of the income tax act, 1961 illegally and mala fide and without any reason failed to exercise his discretion in adjourning the sale as published in the statesman, dated 9.2.1987.4. in ..... already been made final and conclusive. my attention has been drawn to section 224(1) of the income tax act 1961 where it has been laid down that it shall not be open to the assessee to challenge the assessment before the tax recovery officer and correctness of the assessment cannot be challenged on any ground.16. i am of the ..... officer to adjourn the sale as there is no such provision in schedule ii of the income tax act, 1961 for the sale being adjourned at the state when the same has been fixed by the tax recovery officer after complying with all formalities. the petitioner, however, complains that no notices were served upon the trustees and therefore no formalities .....

Bengal Tea and Fabrics Ltd. Vs. Assistant Commissioner of Taxes

Court : Guwahati

..... and reasonable opportunity of being heard was given to the assessee in terms of the proviso to sub-section (1) of section 31 of the assam agricultural income-tax act, 1939 ?' 2. the assessee carries on business of cultivation, manufacture and sale or supply of tea. for the assessment year 1978-79, the company ..... :'(i) whether, in the facts and circumstances of the case, the order of the assessment passed by the agricultural income-tax officer by way of rectification under section 31(1) of the assam agricultural income-tax act, 1939, has been rightly set aside when such order had the effect of enhancing the assessment?(ii) whether, in ..... circumstances of the case, the learned board was justified in upholding the order of the assistant commissioner of taxes setting aside the order of rectification passed under sub-section (1) of section 31 of the assam agricultural income-tax act, 1939, which was prima facie violative of the mandatory requirements contained in the provision to the aforesaid .....

G. Padmanabhappa Vs. Excess Profits Tax Officer, Bellary

Court : Karnataka

Reported in : [1963]49ITR763(KAR); [1963]49ITR763(Karn)

..... are barred. the view taken in the several decided cases is that merely because no steps can be taken under section 46(2) of the indian income-tax act, the right of the department to recover the tax due otherwise is not taken away. 4. section 46(7) as it stood prior to its amendment in 1953 read as follows : 'save in ..... any action under section 46(2) of the indian income-tax act, 1922, read with rule 3 of the excess profits tax rules, 1940, is now barred. the question is whether this contention is correct. 3. mr. srinivasan has not contended before us that the other remedies available to ..... inspecting assistant commissioner extended time on september 3, 1948, for the payment of the tax levied till the disposal of the appeal. the appeal was disposed of in 1957. a certificate under section 46(2) of the indian income-tax act, read with rule 3 of the excess profits tax rules, 1940, was issued on march 23, 1950. 2. it is contended that .....

Ashok Kumar Sood Vs. Deputy Commissioner of Income-tax and ors.

Court : Allahabad

Reported in : (1996)130CTR(All)269; [1995]216ITR193(All)

..... undervalued the property and, therefore, the appropriate authority, lucknow, proposed to exercise a right of pre-emptive purchase in exercise of the powers as conferred by the income-tax act under chapter xx-c. he further recited some exemplars on the basis of which conclusion was drawn that the market value of the property comes to rs. 5 ..... requires to be supported by reasons in writing and such reasons must be germane to the object for which chapter xx-c was introduced in the income-tax act, namely, to counter attempts to evade tax. '9. this decision holds that if there is a significant undervaluation of the property concerned, namely, of 15 per cent. or more and ..... arriving at the market value, two different considerations have to be made, one when the market value is fixed under the land acquisition act and the other under section 269ud of the income-tax act. in the earlier case, the compulsory acquisition is for a public purpose for which the market value is paid while the latter case is .....

induprasad Chunibhai Patel Vs. Central Board of Direct Taxes and ors.

Court : Gujarat

Reported in : [1993]200ITR688(Guj)

..... time, issue such orders, instructions and directions to other wealth-tax authorities as it may deem fit for the proper administration of this act, and such authorities and all other persons employed in the execution of this ..... mainly on the ground of the application of the criterion of income that the petitioner's application for registration as valuer has been rejected. 9. section 10 of the act empowers the board to issue instructions to subordinate authorities. this provision which is in pari materia with section 119 of the income-tax act, 1961, reads as follows : '10. (1) the board may, from time to .....

P. Soundarya Vs. Chief Commissioner of Income-tax and anr.

Court : Chennai

Reported in : [2008]300ITR70(Mad)

..... of 2006 and for further orders.2. brief facts leading to the writ petition are as follows:the petitioner had filed an application under section 230a(1) of the income-tax act, 1961, on may 12, 1983, for issue of a certificate in her favour for settling the property bearing door no. 20, first cross street, lake area, nungambakkam, ..... request for compounding.10. in the instant case, while considering the representation of the petitioner on the merits, the authority found that under the provisions of the income-tax act, compounding is not permissible in cases of the indian penal code offence. the authority who examined the matter afresh has found that it is not a fit ..... second respondent, by his order dated june 20, 2006, turned down the request of the petitioner on the following ground:only when the case is compounded under the income-tax act, the complaints under the i.p.c. are withdrawn.... since the matter is subjudice and is pending before the hon'ble supreme court, your petition cannot be .....

Brooke Bond Lipton India Ltd. Vs. Commissioner of Income-tax and ors.

Court : Kolkata

Reported in : [1996]222ITR540(Cal)

..... of accounting of the said company was mercantile and the accounting period of this was the financial year. this company was a regular income-tax assesses under the income-tax act, 1961, and was being assessed by the income-tax department, sector-10, calcutta, for all the relevant assessment years including the assessment year 1993-94. it is claimed that in computing ..... your case on march28, 1996, under sub-section (3) of section 143 of the income-tax act, 1961,and that the total income stood determined at rs. 4,62,19,080. i furtherfound that your claim for deduction under section 33ab of the income-tax act for an amount of rs. 72,63,966 had been rejected as the assessingofficer found that ..... and as such prejudicial to the interests of the revenue and propose to exercise the powers available in section 263 of the income-tax act, 1961, to direct the assessing officer to revise the assessment bringing to tax the amounts of rs. 8,93,89,258 and rs. 3,22,91,765 as aforesaid stated. if you have .....

Commissioner of Income-tax (Central) Vs. Rohtas Industries Ltd.

Court : Kolkata

Reported in : [1979]120ITR110(Cal)

..... , the tribunal misdirected itself in law in holding that the sum of rs. 10,47,422 was allowable as a bad debt under section 10(2)(xi) of the indian income-tax act, 1922?' 2. the facts admitted and/or found in the proceedings are that rohtas industries ltd., dalmianagar, the assessee, is a public limited company. it carries on the manufacture ..... , the question was an academic one.33. dr. pal cited a decision of this court in cit v. dunlop rubber co. (i) ltd. : [1977]107itr182(cal) . in that case, the assessee had claimed relief under ss. 84 and 101 of the i.t, act, 1961, on the ground that it had established new industrial undertakings. the ito disallowed such claim on the ..... the assessee from rohtas quarries ltd., and the same arose out of and as an incident of the business of the assessee. on the authority of abdullabhai abdulkadar's case : [1961]41itr545(sc) , it must be held that the loss of this sum was not a capital loss.46. the contention of mr. pal for the revenue that the assessee .....

Director of Income-tax (Exemptions) Vs. A.V. Narayanan Trust

Court : Chennai

Reported in : [2004]265ITR635(Mad)

..... officer for the assessment years 1987-88 and 1988-89 on the ground that it had made investment contrary to section 13(1)(d) of the income-tax act, 1961.2. the commissioner reversed the order of the assessing officer and that reversal was sustained by the tribunal. at the instance of the revenue, the following ..... assessee-trust in these years are not in accordance with section 13(1)(d) of the income-tax act, that would not result in the assessee being deprived of the benefit of the exemption, either under the income-tax act or under the wealth-tax act, as the time for disinvesting from such investments and making investments in accordance with the ..... requirements of section 13 of the income-tax act had been extended by the finance (no. 2) act, 1991, read with the finance act, 1992, up to march 31, 1993, and .....

Shaw Wallace and Co. Ltd. Vs. Commissioner of Income-tax (Tds) and ors ...

Court : Kolkata

Reported in : [2003]264ITR241(Cal)

..... 1. by this writ application the writ petitioner has prayed for setting aside the decision to initiate prosecution against the petitioner under section 276b of the income-tax act, 1961, for the financial years mentioned in the prayer portion of this writ application. 2. there is no dispute that in the past the respondents authority ..... the petitioner for explaining why prosecution under section 276b of the income-tax act, 1961, for failure on the part of the company to pay to the credit of the central government, the tax deducted at source as required under the provisions of chapter xvii-b of the income-tax act, 1961, should not be initiated. 3. the petitioner had shown cause ..... convince this court that even if the allegations made by the respondents were all true those facts did not constitute any offence under section 276b of the income-tax act. i, thus, find no reason to entertain this application at this stage in view of the fact that the questions involved are all disputed questions of .....