Court : Orissa
Reported in : [1975]99ITR102(Orissa)
..... r.n. misra, j.1. at the instance of the assessee under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the appellate tribunal has stated a case and referred the following question for determination of this court:' whether, in the facts and circumstances of the case, ..... on the point:' our attention has, however, been invited to haji mohd. khalil mohd. farooq v. income-tax officer. that was a case under the old act and the learned single judge considered that natural justice required that the income-tax officer should give an opportunity to show cause why the application should not be dismissed. with respect we are ..... natural justice. the tribunal did not accept that contention and preferred to rely upon a later bench decision of the madras high court in pannalal ramkumar and co. v. income-tax officer : [1970]75itr309(mad) . mr. mohanty for the assessee contends that the reasoning given in the madras decision to distinguish the allahabad case has no basis. .....
Tag this Judgment!Court : Orissa
Reported in : (1981)24CTR(Ori)181; [1981]130ITR25(Orissa)
misra, c.j.1. the cuttack bench of the income-tax appellate tribunal at the instance of the revenue has stated this case undersection 256(1) of the i.t. act of 1961 (hereinafter referred to as 'the act'), and has referred the following question for opinion .of the court:'whether, on the facts and in the circumstances of ..... ' are items which are not defined under the act or under the rules. their meanings have, therefore, to be gathered from the context in which they are used as well as in accordance with their meaning in common parlance. before the income-tax rules, 1962, came into force, the indian income-tax rules, 1922, were in force. item-e ..... two items : ' e. electric supply and undertakings--(i) electric plant, machinery, boilers,(ii) hydro-electric concerns--hydraulic works, pipelines and sluices (n.e.s.a.).' the income-tax rules, 1962, have taken out the 'hydraulic works, pipelines and sluices' as a separate item and have grouped them under item-a thus : 'a. (1) hydraulic works .....
Tag this Judgment!Court : Orissa
Reported in : [1984]148ITR146(Orissa)
..... opinion 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 '2. 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 ..... services rendered to the huf itself and not to the partnership firms by way of looking after the business interest of the huf in these firms. the net of the income-tax law is to rope in real business profits. therefore, their lordships were at great pains to point out that this was notin any manner a device so long as remuneration ..... 1. in an application filed by the assessee under section 256(2) of the i.t. act, 1961 (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 the opinion of this court and the tribunal has .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori69; 18(1952)CLT324; [1955]28ITR386(Orissa)
..... government from exercising the jurisdiction hereby delegated. schedule' (omitted)the objection therefore to the validity of the administration of orissa states order and of the extension of the orissa agricultural income-tax act to the ex-states areas by including it, by a notification, in the schedule to the said order is clearly untenable, no reference to this court by the revenue commissioner ..... and requires further consideration, can direct a reference. we accordingly proceed to consider the three questions raised as above stated.5. (1) as has been narrated above the orissa agricultural income-tax act has been included inthe schedule of the orissa administration of states order by virtue of notification no. 980 dated 19-1-1949. the administration of orissa states order, 1948, is .....
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT765; [1999]238ITR989(Orissa)
..... of the word 'processing' and, whether the activities undertaken to make kendu leaves saleable and marketable condition amount to processing, as mentioned in section 20gc of the income-tax act.13. a large number of reported decisions have been cited from the bar. the following cases have been referred to in support of the case of the petitioner ..... counter affidavit that the order passed by opposite party no. 4 in annexure-3 is revisable by virtue of the provision contained in section 264 of the income-tax act and in view of the alternative remedy the writ petition is liable to be dismissed.12. we have heard learned counsel of both sides. the only dispute ..... 4) such other order/direction/declaration/writ as this court may deem proper in the interest of justice . . .' 2. the petitioner is an assessee under the income-tax act and carries on business of trading in petroleum products as well as purchase and sale of processed bidi leaves. the petitioner is a permanent resident of dhenkanal and for .....
Tag this Judgment!Court : Orissa
Reported in : [1991]188ITR306(Orissa)
..... rival submissions depends upon an interpretation of section 9 of the code of civil procedure and the provisions of chapter xxa of the income-tax act. chapter xxa was inserted in the income-tax act with effect from november 15, 1972, and contains sections 269a to 269s. section 269c is the provision dealing with proceedings for acquisition ..... rupees one lakh and defendant no. 2 was prima facie satisfied that the property transferred was undervalued, he issued a notice under section 269d of the income-tax act. the proceeding was initiated both against the plaintiff and defendant no. 3, namely, the transferor and the transferee. due particulars were given to the parties ..... a declaration that the disputed property belongs to the plaintiff and is not liable to be proceeded against in acquisition proceedings under chapter xxa of the income-tax act.3. defendant no, 2 filed a written statement alleging therein that the plaintiff executed a registered sale deed in respect of a double-storeyed building .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori1; 20(1954)CLT686; [1955]28ITR625(Orissa)
..... article 226 of the constitution may perhaps be invoked where it is clear that the appellate assistant commissioner had refused to exercise jurisdiction vested in him by law and the income-tax act does not provide any alternative remedy against his order. it is, however, un-necessary to decide this question at great length in this reference.6. we are satisfied ..... he applied for a copy of theassessment order on 28-5-1948 and it was supplied to him on 9-6-1948.under section 30(2), income-tax act, he was entitled to file an appeal against the assessment order, before the appellate assistant commissioner within thirty days of the date of receipt of the notice of ..... not admitting the appeal which was admittedly barred by limitation was an order passed under section 30(2), income-tax act or was an order passed under section 31 of the act.'2. the material facts are as follows:the assessee was assessed to income-tax for the year 1946-47 and the demand notice was served on him on 6-5-1948. .....
Tag this Judgment!Court : Orissa
Reported in : (1995)123CTR(Ori)46
..... is in the negative, whether the entire or ten per cent. of tax borne by oil india limited should be taken as income of the non-resident considering the provisions of section 44bb and other sections of the income-tax act, 1961 ?'2. the aforesaid two questions arise under the following circumstances. nowsco ..... well services ltd., a non-resident firm, had entered into an agreement with oil india limited, in connection with mineral oil exploration activity in the mahanadi basin. under the contract, the indian firm, namely, messrs. oil india limited, had undertaken the liability to pay the income-tax ..... gains in connection with the business of exploration of mineral oil. parliament engrafted the aforesaid provision in the income-tax act as a measure of simplification providing for determination of income of such taxpayers at ten per cent. of the aggregate of certain amount. by virtue of section .....
Tag this Judgment!Court : Orissa
Reported in : [1971]82ITR83(Orissa)
..... there-fore, this becomes effective for all subsequent years until it is set aside by the commissioner, in revision, under section 33b of the income-tax act, 1922, which corresponds to section 263 of the income-tax act, 1961.6. mr. misra, learned standing counsel for the department, concedes that the order under section 25a has not yet been set aside. once ..... . thus, on an analysis of the relevant section and on the basis of authorities, we are clearly of opinion that the notices under section 148 of the income-tax act, 1961, were without jurisdiction inasmuch as the earlier order under section 25a recognising partition still subsists.11. in the result, the writ application is allowed with costs. a ..... and still stands good for all subsequent years and in the face of such an order the assessment cannot be reopened under sections 147 and 148 of the income-tax act, 1961.2. the facts on the basis of which the notices were issued were also questioned.3. at the time of hearing, dr. pal did not .....
Tag this Judgment!Court : Orissa
Reported in : [1976]104ITR148(Orissa)
..... the court:'whether, on the facts and in the circumstances of the case, and on a true interpretation of clause (a) of sub-section (3) of section 34 of the income-tax act, 1961, the appellate tribunal was correct in holding that the assessee-firm by making entries in respect of development rebate and development rebate reserve even after the closure of the accounts ..... to the reserve fund. this sum is sufficient to meet the requirements of section 17 of the banking companies act, 1949, as well as of proviso (b) to section 10(2)(vib) of the act (indian income-tax act of 1922, corresponding to section 34 of the 1961 act), but no separate reserve fund as required by proviso (b) to section 10(2)(vib) had been created .....
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