Court : Rajasthan
Reported in : [1990]181ITR54(Raj)
..... j.1. complaints under sections 276b and 278b of the income-tax act, 1961, have been filed against the accused petitioners who are partners of the firm, universal supply corporation. eight complaints have been lodged because, according to the contention of the department, the petitioners failed to deposit tax which was deducted by them while paying interest to eight ..... department but it has been subsequently deposited within four months along with in unrest at 15% per annum as is provided under section 201(1a) of the income-tax act. the total interest deposited is rs. 6,686. it is, in these circumstances, that these applications for grant of anticipatory bail moved by the petitioners are ..... of any sum of money now. so far, notice for imposing penalty as provided in section 221 of the income-tax act has also not been issued. according to learned counsel for the petitioners, the tax along with interest was deposited soon after the mistake came to their notice.3. at present, the only matter .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)52CTR(Raj)286; [1986]160ITR908(Raj); 1985(2)WLN789
..... udaipur to the tribunal. the same was dismissed. the tribunal considered the question of exemption under sections 10(19) and 10(2) of the income-tax act, 1961 (xliii of 1961) (for short 'the act'), and recorded the following findings:(1) that the deceased-assessee has all along in the past been receiving the said allowance by way of ..... of the ruler as privy purse or as a result of any financial agreement with the government and, therefore, exemption under section 10(19) of the income-tax act, 1961, is not available in the hands of the assessee. the covenant is between the ruler and the government whereas hath kharch allowance is between the ruler and ..... of privy purse were not entitled to exemption under section 10(19) of the income-tax act, 1961, in spite of clauses (2) and (4) of the covenant, but constituted income of by virtue of the definition of ' income' contained in section 2(24) of the income-tax act, 1961 ' 6. the tribunal, has however, thought it fit to refer the following .....
Tag this Judgment!Court : Rajasthan
Reported in : [1991(62)FLR252]; (1992)ILLJ903Raj; 1990(1)WLN361
..... its employees is 7. this firm is also separately registered with the industries department and has got its separate central sales tax and rajasthan sales tax numbers and is separately assessed under the income tax act. this firm also purchases limestones from khoja lime udyog and operates its kilns. it is also stated in this petition that ..... the three firms are separately owned by three individuals, they kept their accounts separate and are separately assessed under the central sales tax and rajasthan sales tax act and the income tax act. not only this, there is absolutely nothing on record to suggest that there is a functional integrality or integrity of finance and ..... of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961, or under the standing orders of the establishment'. the same term has been defined under the employees state insurance act, 1948:2.(9) 'employee' means any person employed for wages in or in connection with the .....
Tag this Judgment!Court : Rajasthan
Reported in : [1974]44CompCas144(Raj); [1974]94ITR11(Raj); 1972()WLN563
..... disclosed. then the respondent has stated as follows :' further', the clear object and purport of introducing a provision like section 178 of the income-tax act, 1961, was to safeguard the recovery of tax from a company in liquidation on the basis of priority even though the assessments were yet pending.'3. it has been urged in this ..... the liquidator sent reply, annexure ' ii ', requesting the income-tax officer to obtain the leave of this court under section 446 ..... 1968, when the official liquidator became the liquidator. the income-tax officer issued notice, annexure ' i ', to the liquidator on august 29, 1968, notifying him under section 178 of the income-tax act, 1961, that he should set aside a sum of rs. 41 lakhs on account of the taxes payable, or likely to be payable by the company. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)191; [2008]299ITR253(Raj)
..... . 1503 of 1995, the assessee challenged the constitutional validity of section 143(1a) of the income-tax act, 1961 (for short 'the i. t. act').2. the writ petitioner-assessee had returned a net loss. after adjustments had been made by the taxing authorities under the provisions of section 143(1)(a) the assessment of loss stood reduced. the ..... 243itr48(sc) , principally because the assessee in that case had not challenged the provisions of sub-section (1a).11. constitutional validity of section 143(1a)(a)(b) of the income-tax act was challenged in sanctus drugs pharmaceuticals p. ltd. v. union of india : [1997]225itr252(mp) . the division bench (headed by the hon'ble chief justice a. ..... filed by the assessee was correct by reason of the law as it stood when the return was filed. a retrospective amendment of section 28 of the income-tax act rendered that return incorrect. an adjustment in the return was made under sub-section (1) of section 143 and, therefore, the provisions of sub-section .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)175CTR(Raj)168
..... and in the circumstances of the case, the tribunal erred in law in holding that no disallowance was to be made under section 43b of the income tax act, 1961, in respect of outstanding sales-tax liability of rs. 34,576 shown in the balance-sheet at the end of the relevant accounting year as the said liability had been discharged by ..... and in the circumstances of the case, the tribunal erred in law in holding that no disallowance was to be made under section 43b of the income tax act, 1961, in respect of outstanding sales-tax liability of rs. 2,210 shown in the balance-sheet at the end of the relevant accounting year as the said liability had been discharged by ..... and in the circumstances of the case, the tribunal erred in law in holding that no disallowance was to be made under section 43b of the income tax act, 1961, in respect of outstanding sales-tax liability of rs. 9,267 shown in the balance-sheet at the end of the relevant accounting year as the said liability had been discharged by .....
Tag this Judgment!Court : Rajasthan
Reported in : [2000]244ITR636(Raj)
..... of 1993 the merits of waiver were not considered at all, but had been dismissed because of non-compliance with certain provisions of section 273a of the income-tax act. in any case, if those provisions of section 273a have been complied with fully or partially, it was fit case where the commissioner ought to havedecided ..... commissioner that the excess payment has been made and thus waiver application be reconsidered.6. the deputy commissioner of income-tax vide its letter dated ]uly 27, 1993, while passing the order under section 154 of the income-tax act had observed that even the calculation of interest (up to that date) has been wrongly made and the ..... annexure-12 dated february 25, 1994, the waiver of interest under section 220(2a) of the income-tax act had been rejected. these two orders are being challenged by the petitioner.7. while exercising powers under section 273a of the income-tax act, the commissioner did observe in the order dated november 25, 1992, that because of the reason .....
Tag this Judgment!Court : Rajasthan
Reported in : [1970]76ITR642(Raj)
..... by the board in consultation with the ministry of law. under section 271(1)(a)(i) of the income-tax act, 1961, the penalty is to be 2% of the tax, if any, payable by the assessee. section 219 of the income-tax act, 1961, makes it clear that any sum, other than penalty or interest, paid by or recovered from an assessee ..... court:'whether, on the facts and in the circumstances of the case, the penalty of rs. 4,78.12 imposed under section 271(1)(a) of the income-tax act, 1961, was legally and validly reduced to a sum of rs. 1,000 only?'3. for deciding this question we have to consider the provisions of section 28 ..... delhi, bench 'c' (hereinafter called 'the tribunal'), has made this reference under section 256(1) of the indian income-tax act, 1961 (hereinafter called the 'new act').2. notice under section 23(2) of the income-tax act, 1922 (hereinafter called the 'old act'), was served on messrs, shankerlal naraindas (hereinafter called 'the assessee') on 24th october, 1958, for filing the return .....
Tag this Judgment!Court : Rajasthan
Reported in : [1962]45ITR317(Raj)
..... the respective contentions, therefore, we may have to refer to the relevant provisions of those acts as also the income-tax act. section 46 of the income-tax act provides that when an assessee is in default in making payment of income-tax, the income-tax officer may forward to the collector a certificate under his signature specifying the amount of ..... in respectful agreement with these pertinent observations of the learned chief justice.the absence, therefore, of any fresh notice under section 29 of the income-tax act cannot now be pleaded as a bar to the continuation of the proceedings which were initiated against the petitioners for recovery of the amount due ..... , where chakravartti c.j., who delivered the judgment, incidentally emphasised on the necessity of issuing a fresh notice of demand under section 29 of the income-tax act in the circumstances of that case. the learned chief justice himself explained his decision in a later judgment of the said high court in ladhuram taparia .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)121CTR(Raj)255; [1995]213ITR443(Raj)
..... 269ul (chapter xx-c of the income-tax act, 1961), etc., from the income-tax department in accordance with law and it its own cost and expenses;(iv) that respondent no. 4 after collection receipts of payment of taxes, obtaining tax clearance certificate/no-objection certificate/certificate from the income-tax department under the income-tax act, 1961, for registration of sale deed shall ..... on behalf of the petitioner, has not addressed any argument on the question of the constitutional validity of the provisions of chapter xx-c of the income-tax act, 1961, and rightly so because the constitutional validity of the same has already been upheld by the supreme court. it was also stated by shri n. ..... on june 1, 1991, which has been filed with the writ petition as annexure 'd'. thereafter, a show-cause notice under section 276ab of the income-tax act, 1961, dated june 3, 1991, issued by respondent no. 3 was received by registered post on june 5, 1991, requiring the petitioner and respondent no. .....
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