Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (2007)106ITD541Indore
..... not apply to such administrator, pendente lite. the court observed (page 762) : "we have noted section 168 and sub sections (3) and (4) of the income-tax act, 1961. section 168, in our opinion contemplates the distribution of the assets in the case of the administration of an estate by the executor.if the executor or the administrator cannot ..... discussion various aspects of these provisions and different case law, hon'ble high court has opined as under: the assessable person under section 168 of the income tax act, 1961, is the executor. an administrator is also an executor for purposes of this section by virtue of the explanation. neither term has been defined in the ..... . james anderson 51 itr 345 (sc). to overcome this lacuna, certain sections in chapter xv were introduced in the income tax act 1961. particular reference in respect of taxation of the income of the deceased can be made to sections 159 to 168. in the present case, section 168 which is a complete code in itself will apply. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (1982)2ITD235Indore
..... assessment year 1975-76. it appeal no. 927 is directed against the commissioner's order under section 263 of the income-tax act, 1961 ('the act') setting aside the ito's assessment order passed under section 143(3)/144b of the act on 12-9-1978, and it appeal no. 1723 is directed against the commissioner's order under section 154 of ..... convenience.2. the assessee in this case is a private limited company which was registered on 6-2-1946. it had income from supply of high speed rotary presses imported directly from usa or, by acting as commission agent of foreign manufacturers. due to foreign exchange difficulty, the assessee-company started manufacture and sale of a sophisticated ..... fact that the provisions considered in those decisions were of section 35 of the 1922 act and/or section 154 of the 1961 act, which, to our mind, are certainly not identical with those of section 33b of the 1922 act and section 263 of the 1961 act, it may be noted that even the insertion of sub-section (1a) in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (1982)1ITD288Indore
..... has vehemently submitted that the authorities below have failed to appreciate the facts of the case before corning to their conclusion and in fact the comments in the book on income-tax law by chaturvedi & pithisaria, at page 1633, were referred to before the aac in which the discussion was made on the bona fide change of method being permissible. ..... in the present case, in fact, was filed as the books of account have been re-written on cash basis as the assessee could not admittedly pay the tax if the income were to be computed on mercantile basis. in our opinion, the case laws relied on by the assessee would not help to advance the case of the assessee ..... of the assessee were kept on mercantile basis and not on cash basis, without any material on record. it is the appeal of the assessee that the authorities below acted without judicially appreciating the facts of the case. it is also contended that the aac erred in not considering the return filed under section 139(5) and thereby upholding .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (1982)1ITD343Indore
1. the appellant-assessee by this appeal under section 253(1) of the income-tax act, 1961 ("the act"), challenges the first appellate order dated 3-12-1980 of shri rajendra mohan, the learned commissioner (appeals), for the assessment year 1967-68, inter alia, on the following ground : the ..... to tax had escaped assessment.the omission on the part of the assessee is said to be that it had not shown the appreciated amount of rs. 61,574 in its income and in fact the same was directly credited to the contingency fund account. in these circumstances, the learned ito initiated reopening proceedings under section 147(o) of the act, with ..... the revenue authorities and further contended that about the sum of rs. 61,574 full information was not supplied by the assessee and that, therefore, the escapement of income chargeable to income-tax occurred on account of failure on the part of the assessee to fully and truly disclose primary and material facts at the relevant time. he continued that the full .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (1982)1ITD615Indore
..... terms of the said ratio, the liability is said to arise only when the finance act becomes operative on the first day of april of the assessment year either by enactment of the act or by virtue of section 294 of the income-tax act. thus, in our view, the liability does not by itself automatically occur and the ..... committee has said in regard to payability of income-tax must apply equally in regard to payment of wealth-tax. therefore, the amount of wealth-tax determined by the order of ..... council held that the amount of income-tax determined by the order of assessment became payable only when the notice of demand is issued to the assessee. the scheme of the wealth-tax act is in material respects identical with that of the income-tax act so far as charge, assessment and levy of tax are concerned and what the judicial .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (1983)3ITD151Indore
..... similarly, for the assessment year 1980-81, a revised return was filed on 30-6-1981 showing income of rs. 12,515.3. in both the years under consideration, the assessee had claimed deduction under section 80u of the income-tax act, 1961 ('the act').the learned ito was of the view that the case of the assessee is not covered under ..... make rule and to issue orders, instructions and directions to all officers and persons employed in the execution of the act. this is clear from section 119 of the act. normally the quasi-judicial function of an income-tax authority cannot be controlled by the cbdt in a particular case, but they can be so controlled to the extent ..... to engage in a gainful employment or occupation, there shall be allowed a deduction of a sum of five thousand rupees : provided that such individual produces before the income-tax officer, in respect of the first assessment year for which deduction is claimed under this section,- (a) in a case referred to in clause (i), a certificate .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (1983)5ITD552Indore
..... did not collect further material to show that such material was not genuine.12. under the law, as it stands, in proceeding under section 143(3) of the income-tax act, 1961, the ito is bound to consider such evidence as the assessee may produce in support of his return and if after considering the evidence, so produced, he still ..... b. reference may be made to the ratio of decision in the case of lalji haridas v. ito [1961] 43 itr 387 (sc). i may state at this stage that there is no specific provision in the indian income-tax act, 1922 regarding making the assessments on protective basis. such concept has been borrowed from law and practice as ..... there cannot be any assessment excepting of an assessee and there can be no doubt that the income-tax authorities must confine themselves within the four corners of the statute and not invent new procedures outside the limits of the indian income-tax act....(p. 609) if we read those decisions carefully, it would be clear that before completing the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (1983)4ITD317Indore
..... year 1978-79. the assessee is an individual. for this year, return was filed declaring income of rs. 9,490. the assessee derives income from salary.he has claimed deduction of rs. 5,000 under section 80u of the tncome-tax act, 1961 ('the act'). a certificate in support of the claim from the registered doctor was also filed. the learned ..... lower limb since childhood. his total disability is about 45 per cent of the functional activity and as such his case comes under orthopaedically handicapped and entitles for income-tax deductions. a copy of the certificate is in the paper book. the authorities below did not dispute the genuineness of the said document.even before the tribunal ..... physical disability, he is entitled to claim deduction under section 80u. the said circular is beneficial to the assessees and as such it is binding on the income-tax authorities. from the evidence on record, it is clear that the assessee is suffering from bilateral paralysis of lower limb and as a result of it, the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (1983)5ITD326Indore
..... in this appeal states that the acc erred in holding that the salary income earned by the assessee in france could not even be included for rate purposes in his total income computed under the income-tax act. 1961 ('the act').3. there is an agreement dated 26-3-1969 [see taxmann"s direct taxes circulars, vol. 1, pp. 460-71] between india and france for the avoidance ..... of double taxation within the meaning of section 90(b) of the act. in accordance with article xiv thereof, the salary earned .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Indore
Reported in : (1983)5ITD526Indore
..... the assessee has relied upon the decision in the case of smt. vimlaben (supra) and submitted that 40 per cent of the gross income should be allowed as deduction. the valuation officer has allowed 4 per cent on account of collection charges. in smt. vimlaben's case ..... (supra), the court was concerned with the rough method as provided in schedule ii to the urban land ceiling act. that is not the case here. we are of the view that the deduction should be allowed on the basis of actual expenses ..... this the assessee's counsel has replied that the reversionary value cannot be taken into account at all because of the rent restriction act which enables the tenant to stay on and for these purposes he has relied upon the tribunal's decision in wt appeal nos. ..... 8,008 the value shown by him, i.e., rs. 1,40,000 is 17 1/2 times net income which is much more than multiple mentioned in the case of cit v. smt. vimlaben bhagwandas patel [1979] 118 itr 134 (guj.), i.e., 8 1/3 times. therefore .....
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