Court : Orissa
Reported in : AIR1952Ori281; [1952]22ITR220(Orissa)
..... but for the proviso, an order declining to interfere is an order prejudicial to the assessee. the orissa legislature, while enacting the agricultural income-tax act of 1947 and having this proviso to the parent income tax act before it, did not choose to enact any such proviso to sub-section 28 thereof. on the other hand, the proviso to subjection ..... subordinate authoritywould amount to an order 'prejudicial' to the assessee within the meaning of sub-section (2) of section 66 of the income-tax act as amended.the law on the subject is undoubtedly not clear. but there is a decision of five judges of the madras high court in 'sreeramulu v. i. ..... of an assessment or is otherwise prejudicial to him. the language of this sub-section is very similar to that of section 66 (2) of the indian income-tax act prior to the recent amendment and there are several decisions on the question as to whether an order of a revising authority confirming an assessment made by a .....
Tag this Judgment!Court : Orissa
Reported in : (2004)190CTR(Ori)42; [2006]283ITR562(Orissa)
..... appointed by the central governmentunder section 11 of the securities contract (regulations) act, 1956. after taking over, the administrator found that the assistant commissioner of income-tax, circle- 1(i), bhubaneswar (hereinafter referred to as 'the asstt. cit') had issued notices to the petitioner under section 148 of the it act, 1961 (for short, 'the act') for the asst. yrs. 1996-97, 1997-98, 1998-99, 1999-2000 ..... , 2000-01 and 2001-02 stating that its income had escaped assessment and pending assessment had provisionally .....
Tag this Judgment!Court : Orissa
Reported in : 1984(I)OLR540
..... of this court:'keeping in view the terms of the agreement relied upon for authorising payment to the karta, whether the payment is admissible under section 37 of the income-tax act of 1961?'this court further directed that the tribunal would go into the question of the agreement and indicate as to what, in its opinion, is the real purport and as ..... order* * *13. in an application filed by the asessee under section 256(2) of the income-tax act (hereinafter called the 'act') this court directed the tribunal to state a case and refer the question of law arising out of its order for opinion of this court and the tribunal has ..... appeal before the appellate assistant commissioner, the order of. the income-tax officer was confirmed. second appeal was carried to the tribunal and the tribunal also dismissed the same. thereafter an application under section 255(1) of the act having been dismissed, this application under section 256(2) of the act was filed before this court to state a case and refer the .....
Tag this Judgment!Court : Orissa
Reported in : [1992]196ITR803(Orissa)
..... the income-tax act, 1961 (hereinafter referred to as 'the act'), the revenue has sought for a direction to the income-tax appellate tribunal, cuttack bench, cuttack (in short 'the tribunal'), to refer the following question:' whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law to direct the income-tax officer ..... 77itr518(sc) . the said decision was rendered with reference to the provisions of section 22 of the indian income-tax act, 1922 (hereinafter referred to as 'the 1922 act'). section 22 of the 1922 act, provided for filing of return of income. sub-section (1) of that section provided for issue of a general notice by publication in the ..... under section 139(4). the main significant change seems to be that the discretion that was given to the income-tax officer to extend the time for filing the return under the 1922 act has been taken away. but the right of the assessee to file the return before the period of assessment, .....
Tag this Judgment!Court : Orissa
Reported in : [1976]104ITR648(Orissa)
..... penalty was to be levied is in accordance with law as indicated in the explanation to section 271(1)(c) of the income-tax act, brought into the statute book with effect from april 1, 1964 ?' 2. the tribunal has accordingly stated a case. 3. the relevant assessment years are 1958-59, 1959-60 ..... r.n. misra, j. 1. on the application of the revenue under section 256(2) of the income-tax act (hereinafter referred to as 'the act'), this court required the tribunal to state a case and refer the following question for opinion of the court: 'whether the decision of the appellate tribunal that no ..... , 1960-61, 1961-62 and 1962-63. for these years, reassessments were made under section 147 of the act on the footing that certain cash credits which were not genuine had not been taxed. during the reassessment proceedings, the assessee by a letter dated december 6, 1966, intimated the income-tax officer thus: '.....that, on the facts and .....
Tag this Judgment!Court : Orissa
Reported in : [1991]188ITR342(Orissa)
..... income-tax appellate tribunal. the tribunal has held that it is not income from business. against the said finding the assessee sought ..... the claim of the company that interest received is not business income. the commissioner, however, in exercise of his power of revision, set aside the order and directed the income-tax officer to assess the company by considering the interest received as income from other sources as provided under section 56 of the income-tax act. aggrieved by the revisional order, the assessee preferred appeal before the .....
Tag this Judgment!Court : Orissa
Reported in : (1984)40CTR(Ori)29; [1984]145ITR464(Orissa)
..... 1. in this writ petition the short question raised is if the commissioner of income-tax while exercising jurisdiction under section 264 of the i.t. act, 1961, in a revision filed against the order of the ito, was right in ignoring the direction given by the income-tax appellate tribunal ?2. the petitioner is a partnership-firm dealing in g.i. ..... pipes, ceramic sanitary wares, etc. the ito did not accept the return for the assessment year 1976-77 filed by the petitioner showing its income ..... contained in the proviso to section 145(1) of the i.t. act anl assessment was to be made according to best of judgment. the tribunal, however, did not approve the way the ito had made the assessment and observed :'...the approach of the income-tax officer was neither fair to the assessee, nor correct in law. .....
Tag this Judgment!Court : Orissa
Reported in : [1995]211ITR639(Orissa)
..... 1. on an application being filed under section 256(1) of the income-tax act, 1961, by the department, the tribunal has referred the following question for the opinion of this court :'1. whether, on the facts and circumstances, the income-tax appellate tribunal was justified in holding that the assessee was entitled to standard deduction under section ..... received as such director from the company could not be held to be salary from which he could claim deduction under section 16(i) of the income-tax act. the aforesaid decision fully applies to the facts and circumstances of this case. accordingly, we answer the question posed in favour of the department and ..... company. treating that remuneration as salary, he claimed the standard deduction under section 16(i) of the income-tax act. the income-tax officer negatived the assessee's contention and assessed the same treating to be an income from other sources. the assessee carried the matter in appeal and the appeal having been dismissed, the .....
Tag this Judgment!Court : Orissa
Reported in : [1976]103ITR487(Orissa)
..... to the aforesaid question may be narrated in brief. the assessment year is 1962-63. the assessment was completed on february 15, 1963, under section 143 of the income-tax act, 1961 (hereinafter to be referred to as 'the act'), for a sum of rs. 70,422. in response to a notice under section 147(a) read with section 148 of the ..... finally determined comes to rs. 22,900.4. on march 8, 1968, a penalty proceeding was initiated under section 271(1)(c) of the act by the income-tax officer for concealment of cash credit and in respect of unexplained investments and also the incorrectness of the return. the matter was referred to the inspecting assistant ..... of this court examined the legal position in commissioner of income-tax v. k.c. behera : [1976]103itr479(orissa) .it is not necessary to repeat the reasonings given therein. it would be sufficient to say that this court laid down in unmistakable terms that the onus was under the act on the assessee to establish that the suppression was not .....
Tag this Judgment!Court : Orissa
Reported in : [1993]199ITR212(Orissa)
..... , j.1. at the instance of the revenue, the following questions have been referred to this court for adjudication under section 256(1) of the income-tax act, 1961 (in short 'the act'), by the income-tax appellate tribunal, cuttack bench (in short ' the tribunal') :' (1) whether, under the facts and circumstances of the case, the learned authorities below ..... are correct in law in including the salary income of the assessee in his hands in place of his wife?(2) whether, under the facts and ..... because of professional knowledge and experience of the assessee and, therefore, the proviso to section 64(1)(ii) was applicable. in appeal, the commissioner of income-tax (appeals), orissa, affirmed the conclusion of the assessing officer holding that, even if smt. shila sahu was a member of the board of directors and .....
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