Court : Orissa
Reported in : AIR1965Ori150
..... 'whether on the facts and circumstances of the case, registration of the firm should have been renewed for the assessment year 1959-60 under section 26a of the income tax act, 1922, read with rules framed thereunder.'2. the assessee is a partnership concern constituted by a registered deed of partnership dated 28-3-1958. the principal object ..... the view that the right of the assessee to employ a particular mode of accounting could not be questioned in an application, under section 26a of the income-tax act and just because the system of accounting employed by the asseseee-did not commend itself to the departmental authorities, it is no ground for refusal of the registration ..... and hold that the registration of the firm should have been renewed for the assessment year 1959-60 under section 26a, read with the rules made under the income-tax act, 1922. the department shall pay a sum of rs. 250/-(rupees two hundred and fifty) to the assessee towards the cost of reference. narasimham, c.j. .....
Tag this Judgment!Court : Orissa
Reported in : [1963]49ITR366(Orissa)
..... be 'agriculture' and income from dairy farming will not be agricultural income for the purpose of the orissa agricultural income-tax act. following the aforesaid decisions therefore we must answer the first question ..... aforesaid decision and the patna decision in province of bihar v. gajendra narain singh, which is based on identical provisions in the old bihar agricultural income-tax act of 1938 will be applicable. question no. 2 is therefore answered also in the affirmative.the reference is disposed of accordingly. the department must pay ..... supreme court held that the expression 'agriculture' occurring in the income-tax act should not be given a wide meaning so as to embrace dairy farming also and this court also in state of orissa v. ram chandra choudhury, decided on august 16, 1961, followed the aforesaid decision and held that dairy farming will not .....
Tag this Judgment!Court : Orissa
Reported in : [1973]31STC160(Orissa)
..... (340) (s.c). their lordships observed thus:the notice contemplated under rule 32 is not similar to a notice to be issued under section 34(l)(b) of the income-tax act, 1922. all that sections 11(4) and 11a(1) prescribe is that before taking proceedings against an assessee under those provisions, he should be given a reasonable opportunity of being ..... r. 291 (s.c.).the same view has been taken by this court in bhagwati prasad misra v. commissioner of income-tax [1959] 35 i.t.r.97. income-tax commissioner v. scindia steam navigation co. ltd. [1961] 42 i.t.r. 589 (s.c.) and income-tax commissioner v. jadavji narsidas [1963] 48 i.t.r. 41 (s.c) do not take any vieinconsistent with ..... patra of sarankul and towards arrears the assessee paid rs. 70 as per direction of the selling dealer. but in the bunch of invoices recovered, no such invoice during 1961 from shyam sundar patra was found.thereafter it refers to bunch 2, slip 20 and bunch 3, slip 20, the first valuing rs. 36-10-1 and the second .....
Tag this Judgment!Court : Orissa
Reported in : [1977]109ITR370(Orissa)
..... the assessee for the assessment year 1970-71. hence, proposal for action under section 147(a) read with explanation 2 to section 153 of the income-tax act, 1961, may please be approved.'36. we have already stated that the tribunal's appellate decision in respect of the assessment year 1970-71 was pronounced on ..... this is an application under article 226 of the constitution for a writ of certiorari to quash the notices issued under section 148 of the income-tax act of 1961 (hereafter referred to as 'the act') in respect of the five assessment years being 1965-66 to 1969-70.2. the assessee-petitioner is a firm constituted under the indian ..... partnership act of 1932. for the assessment years 1954-55 and 1955-56, the firm was accorded registration under the indian income-tax act of 1922, but thereafter registration .....
Tag this Judgment!Court : Orissa
Reported in : [1990]78STC271(Orissa)
..... relied upon by the learned counsel for the petitioner. in the case of om prakash agarwal v. income-tax officer reported in : [1967]66itr175(all) , the allahabad high court considering the provisions of sections 221 and 220(6) of the income-tax act, 1961, observed that while determining the question whether the assessee is in default or is deemed to be ..... in default in making payment of the tax, the officer must consider not only whether the amount specified in the notice of demand has been ..... pendency of the second appeal. on careful perusal, i find that the decision has no application at all to the present case. section 220(4) of the income-tax act provides that if the amount is not paid within the time-limit under sub-section (1) or extended under sub-section (3), as the case may be, .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori115; 104(2007)CLT197
..... 2003 inter alia on the ground that the sale is contrary to section 29 of recovery of debts due to banks and financial institutions act and rules 52 and 53 of the second schedule to the income tax act 1961. in that case, the proclamation of sale was also challenged on the ground that the valuation was fixed without hearing the appellant and ..... and ors. reported in : [1983]142itr6(mp) . in that case, the chief justice g.p. singh while delivering judgment and considering the provisions of second schedule to the income tax act held that even a ground that no notice was issued to the defaulter before drawing up the proclamation of sale under rule 53 ought to be taken only by an ..... of the code of civil procedure to hold that there is no corresponding provision to that effect either in rule 52 or rule 53 of the second schedule to the income tax act. as such, on the question of opportunity of hearing the contention of the appellant in that case was not approved.13. in the instant case, this court has .....
Tag this Judgment!Court : Orissa
Reported in : [2004]137TAXMAN318(Orissa)
..... execution of the income tax act, 1922 under section 5(8) of the said act. he pointed out that similar provisions as in section 5(8) of the income tax act, 1922 have also been made in section 119 of the income tax act, 1961 empowering the central board of direct taxes to issue instructions to other income-tax authorities from time ..... to time as it may deem fit for the proper administration of the act and such authorities and all other ..... bhubaneswar had issued notices to the petitioner under section 148 of the income tax act, 1961 (hereinafter referred to as for short, 'the act') for the assessment years 1996-97, 1997-98, 1998-99, 1999-2000, 2000-2001 and 2001-2002 stating that its income had escaped assessment and pending assessment had provisionally attached the fixed deposits .....
Tag this Judgment!Court : Orissa
Reported in : [2005]144TAXMAN872(Orissa)
..... a.k. patnaik, j. this is an appeal under section 260a of the income tax act, 1961 (hereinafter referred to as 'the act') filed by the appellant against the order dated 12-3-2002 of the income tax appellate tribunal, cuttack bench, cuttack in i.t.a. no. 301/ctk/1997.2. the facts briefly are that the appellant is a partnership firm ..... court of law. (see observations of this court in the cases of calcutta discount co. ltd. v. ito : [1961]41itr191(sc) , and s. naryanappa v. cit : [1967]63itr219(sc) , while dealing with the corresponding provisions of the indian income tax act, 1922.' (p. 445)the supreme court has further observed in the aforesaid case of lakhmani mewal das (supra) that ..... arise for decision in this case.'(i) whether, on the facts and in the circumstances of the case, the reopening of the assessment under section 147 of the income tax act was justified and legal and(it) whether, on the facts and in the circumstances of the case, the addition of rs. 2,70,421 as inflated liabilities .....
Tag this Judgment!Court : Orissa
Reported in : (2007)103CALLT88; (2007)207CTR(Ori)656
..... this writ petition under articles 226 and 227 of the constitution of india challenging the order dt. 17th aug., 2000 passed by the asstt. cit, rourkela circle, rourkela-op no. 1 under section 251 of the it act, 1961 ('the act', hereinafter) for the asst. yr. 1989-90, vide annex. 3.2. main challenge of the petitioner in the writ petition is ..... 1, as per the statute instead of giving effect to the appellate order (annex. 2), passed the order under section 251 of the act determining the net taxable income at rs. 78,810 and levied tax separately along with interest at rs. 1,47,433. the claim of the petitioner is that there was unabsorbed depreciation loss of the preceding ..... the learned counsel for the revenue and we found therefrom that the petitioner for the asst. yr. 1989-90 had claimed unabsorbed depreciation as per the computation of income filed along with the return for which the particulars of depreciation had been given.8. in view of the above position, we are of the opinion that the .....
Tag this Judgment!Court : Orissa
Reported in : [1977]108ITR403(Orissa)
..... revenue to prove that the amount added under section 68 of the act was in fact the income of the assessee to sustain the imposition of penalty for concealment of such amount in the ..... interpretation of section 271(1)(c) read with sections 68 and 2(24) of the income-tax act, 1961, the appellate tribunal was not right in requiring the revenue to prove that the amount added under section 68 if the act was in fact income of the assessee so as to warrant assessment for concealment of the same in the return ..... this case at the instance of the commissioner of income-tax and referred the following question for the opinion of the court :'whether, on the facts and circumstances of the case and on a true interpretation of section 271(1)(c) read with sections 68 and 2(24) of the income-tax act, 1961, the appellate tribunal was right in requiring the .....
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