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 : (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 : AIR2005Utr6
..... 08,631.06. so far as the provision of interest other than 'interest on securities'. it shall be deducted at the rate in force. relevant section 194a of the income-tax act, is quoted below :'194-a. (1) any person, not being an individual or a hindu undivided family, who is responsible for paying to a resident any ..... enhanced compensation on the enhanced compensation under land acquisition act, it is fully covered under section 194a of the act.10. a bear perusal of section 194a provides interest other than 'interest on securities' at the time of credit of such income to the account of the payee by any mode the income-tax shall be deducted thereon at the rate in force ..... of the decree, the revisionist is not liable to pay anything to the decree-holder.6. because the trial court accepted that the opposite parties were liable to pay income-tax on the amount and yet recorded a finding that the opposite parties is entitled to receive rupees 11,08,631.06 which is against the calculation table.12. the .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2003)184CTR(Uttranchal)585; [2003]264ITR502(Uttaranchal)
..... assessee is shown to have earned income, which is more than estimated income, it will not make the estimate untrue. ..... the case of hind products (p) ltd. v. cit manu/mh/0130/1979 : [1980]121itr903(bom) , it has been held that the estimate of advance tax required to be filed under the it act must show estimated income for the relevant year. estimated income may not be the same as ultimate reported income. merely because at the end of the year an ..... was completed under section 143(1)(a). the total income was determined at rs. 4,92,501 after giving effect to section 115 of the it act. the ao issued notice under section 273(1)(b) of the it act on the ground that the assessee has failed to submit estimate of advance tax under form no. 29. the ao, therefore, .....
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)186CTR(Uttranchal)144; [2003]264ITR320(Uttaranchal)
..... the amount of tax which would be deductible at source ..... 209(1)(a)(d) of the act, the scheme of sections 208 and 209 of the act indicates that in order to compute advance tax the assessee has to, inter alia, estimate his current income and calculate the tax on such income by applying the rates in force. that under section 209(1)(d) the income-tax calculated is to be reduced by ..... section 234b was applicable. she contended that the income-tax appellate tribunal was wrong in holding that section 234b was not applicable to incomes falling under the head 'salaries'. it was submitted that under section 191 of the act, in cases of failure to deduct tax at source by the employer the tax has to be paid by the assessee. it .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)189CTR(Uttranchal)91; [2003]264ITR328(Uttaranchal)
..... of 2003 are mentioned hereinbelow ;facts : hyundai heavy industries company ltd., the assessee, was charged with interest under section 201(1a) of the income-tax act, 1961, for short payment of tax deducted at source from the salary of its employee for the assessment year 1994-95. being aggrieved by the order of the assessing officer, the ..... of free 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 ?' answer : for reasons given hereinafter we are answering both the questions in the affirmative, i.e., in favour of the assessee and against the department. ..... a perquisite under section 17(2)(iii) and those decisions have not been challenged by the department and therefore interest under section 201(1a) of the income-tax act was not leviable on hyundai heavy industries co. ltd. being aggrieved by the decision of the tribunal, the department has come by way of appeal under .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2004]265ITR109(Uttaranchal)
..... tribunal dated august 16,1999, in i. t. a. t. no. 2842/d of 1992 the department has come by way of appeal under section 260a of the income-tax act, 1961.facts :the assessee is a private limited company. it runs a hotel by the name 'hotel savoy' at mussoorie. the assessee claimed rs. 6,32,718 as revenue ..... the department carried the matter in appeal to the tribunal which has confirmed the order of the commissioner of income-tax (appeals). being aggrieved the department has come by way of appeal to this court under section 260a of the income-tax act. this appeal pertains to the assessment year 1988-89.arguments :mr. maulkhi, learned counsel appearing on behalf of ..... and therefore the assessee was required to incur expenditure at regular intervals in order to maintain and upkeep the hotel. this finding of fact recorded by the commissioner of income-tax (appeals) has been confirmed by the tribunal. it is a concurrent finding, hence we do not see any reason to interfere with this finding. on the .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2004]134TAXMAN109(NULL)
..... of the tribunal dated 16-8-1999, in i.t.a.t. no. 2842/d of 1992 the department has come by way of appeal under section 260a of the income tax act, 1961.facts :the assessee is a private limited company. it runs a hotel by the name 'hotel savoy' at mussoorie. the assessee claimed rs. 6,32,718 as revenue expenditure incurred ..... to the tribunal which has confirmed the order of the commissioner (appeals). being aggrieved the department has come by way of appeal to this court under section 260a of the income tax act. this appeal pertains to the assessment year 1988-89.arguments :mr. maulkhi, learned counsel appearing on behalf of the department, contended that in this case there was conversion of manual .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)186CTR(Uttranchal)328; [2003]264ITR761(Uttaranchal)
..... area outside the territorial waters of india was not chargeable to tax under the income-tax act, 1961, for the assessment year 1983-84 ?'our answers :8. for the reasons given hereinafter we answer both the above questions in the affirmative, i.e., ..... continental sheif and exclusive economic zone. it is important to note that in this case we are concerned with the concept of taxable territory of india under the income-tax act, 1961. this is important as it is only by virtue of notification dated march 31, 1983, that the continental shelf and the exclusive economic zone became part of ..... :'(1) whether the tribunal was right in holding that the continental shelf did not form part of india prior to april 1, 1983, for the purposes of the income-tax act, 1961 ?(2) whether the tribunal was right in holding that salary earned by the employee for services rendered on the rig before april 1, 1983, in the off shore .....
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