Court : Chennai
..... excluding the income from other sources and sales of other items, sales of cotton taxable under the tamil nadu general sales tax act would come to rs.659.02 lakhs for the assessment year 93-94 and rs.10,59,68,728 for the ..... sales and the merchant export which are exempted under the tax act come to rs.48,90,051 and rs.1,23,12,834. however, the eligibility certificate issued recorded the total income as total sales. with the result the base year sales and the tax payment thereon resulted in an artificial turnover and the tax liability much against the actual state of affairs. however ..... for these 2 years were in respect of total turnover of the petitioner company which included not only taxable sales but also consignment sales and export sales. apart from this income from other sources were also included in the total sales given for 93-94 and 94-95 at rs.723.71 lakhs and rs.1240.78 lakhs. strictly speaking .....
Tag this Judgment!Court : Chennai
..... that he has reason to believe that the petitioner's income in respect of which they are assessable and chargeable to tax for the assessment year 2005-06 has escaped assessment within the meaning of section 147 of the income act, 1961, (hereinafter referred to as 'act'). therefore, the first respondent proposed to assess/reassess the income/recompute loss/depreciation allowance for the said assessment year and ..... called upon the petitioner to file a return in the prescribed form. 3. the petitioner filed their return of income .....
Tag this Judgment!Court : Chennai Madurai
..... india [1970 (3) scc 76] to submit that it would be open to this court to direct a fresh assessment. the decision in grindlays bank ltd. v. income-tax officer, calcutta and others [(1980) 122 itr 55 (sc)] was relied upon to impress that considerations of limitation would not stand in the way of doing so. relying ..... stand in the way. in the light of section 28(11) of the customs act, 1962, a discussion on whether central excise officers are empowered to investigate customs violations becomes unnecessary. the decision of the apex court in grindlays bank ltd. v. income-tax officer, calcutta and others [(1980) 122 itr 55 (sc)], carves out an exception ..... also relied on the decision of the apex court in mahadayal premchandra v. commercial tax officer, calcutta and another [1959 scr 551], a case wherein, on facts it was found, that the commercial tax officer who issued the show cause notice had not acted independently but had followed the instructions of the assistant commissioner. 8. informing undue .....
Tag this Judgment!Court : Chennai
..... of sale deed in favour of the first plaintiff, the defendant has to obtain no objection certificate from the concerned income tax department. as per the amended provision of income tax act, 1961, the income tax department has become the owner. after obtaining no objection certificate from the income tax department, the defendant has left to america and the first plaintiff has given a legal notice and the same has ..... of sale, it is agreed by both the plaintiff and defendant that time is essence of contract. the income tax act, 1961 has been amended in the year 1986 by finance act chapter xxc and thereby introduced section 269 ul. by virtue of section 269 ue (1) of income tax act, the central government has become the owner on 9.1.1989. under such circumstances, the defendant has .....
Tag this Judgment!Court : Chennai
..... an educational institution under the name and style of all angels matriculation higher secondary school . the petitioner is registered under section 12a(a) of the income tax act (hereinafter the act ), vide proceedings dated 30.07.1990. 3. in the assessment year 2012-2013, the petitioner filed an application in form no.56d on 22. ..... it will not be appropriate/permissible to rely on the provisions of any other statute including the limitation act for the purpose of considering the matter relating to condonation of delay. 15. the chief commissioner of income-tax being a creature of the statute cannot travel beyond the statutory provisions. law is well settled that ..... counsel for the respondent submitted that under the provisions of the act, there is no power to condone the delay and this issue was considered by the orissa high court in2009 309 itr 50 (roland educational and charitable trust v. chief commissioner, income tax), in which the court distinguished the decision of the orissa high .....
Tag this Judgment!Court : Chennai
..... 11.1.2001 dated 29.5.2006, received on 22.6.2006.) d. krishnakumar, j. 1. this appeal has been filed under section 260a of the income tax act 1961 against the order of the income tax appellate tribunal, bench a , chennai in i.t.ssa.no.95/mds/2003 for the assessment year : block period 1.4.1990 to 11.1.2001 , ..... counsel for the appellant and mr.t.r.senthilkumar, learned standing counsel for the respondent and perused the available materials. 6. a search under section 132 of the income tax act was conducted in the residential and business premises of the appellant on 10.1.2001 and the search was concluded on 16.4.2001. as a result of the ..... 755) by the delhi high court, relates to the case of interpretation under section 234a of the income tax act, which is the subject matter in that writ petition, whereas the instant case relates to the interpretation under section 158bfa(1) of the income tax act. therefore, the aforesaid decision will not be applicable to the facts of the present case. 20 it .....
Tag this Judgment!Court : Chennai
..... mlj 243, the hon'ble first bench of this court was considering a matter arising under the income tax act in which the court framed a question as to whether in tax matter when alternate remedy is provided in the act itself should there be short circuiting of the statutory remedy. this issue was considered after elaborately referring ..... to several decisions and it was held that it is well settled by the series of decisions of the hon'ble supreme court that particularly in tax matters, there should be ..... serious, disputed and complicated questions of fact are involved and therefore, the petitioner should be necessarily relegated to avail the appellate remedy provided under the customs act. 14. accordingly, the writ petition is dismissed as not maintainable, giving liberty to the petitioner to prefer an appeal before the appellate authority and while .....
Tag this Judgment!Court : Chennai
..... 2011 on 29.08.2011 on the allegation that shri.andasu ravindar, irs (a1), while functioning as additional commissioner of income tax, company range, chennai, had organised a survey proceedings under the income tax act in the premises of m/s.everonn education limited, perungudi, chennai, an educational company run by shri.padmanabhan kishore ..... (a2), managing director of the company. proceedings conducted by the income tax officials revealed that the above company had concealed taxable income to the tune of rs.100 ..... (d) during the course of investigation, it further revealed that a5 - shri.t.banusekar is a chartered accountant practising in the settlement commission of income tax, chennai, who assisted the company m/s.everonn education limited on a previous occasion. within a few days of meeting a4 in the office of .....
Tag this Judgment!Court : Chennai
..... tan number delt05319f. admittedly survey operations have been conducted in the above mentioned premises on 20.01.2016 under section 133-a of the income tax act, 1961 and that the assistant commissioner of income tax, circle 76(1), tds-2, new delhi, has found that the petitioner/appellant has deducted tds amount of rs. 17,13,74 ..... 2015-16 respectively and not deposited to the government account. the petitioner/appellant has been held as an assessee in default under section 201 of the income tax act, 1961, at delhi and called upon to discharge the tds liability. the petitioner/appellant has been only informed that in case of non-compliance, recovery proceedings ..... ltd., 202-204, pacific square mall jmd campus sector-15, gurgaon sir/madam, whereas, your attendance is required in connection with the assessment proceedings under the income tax act, 1961 in the case of m/s. tecpro system limited, 202-204, pacific square mall, jmd campus, sector-15, gurgaon. you are hereby required personally to .....
Tag this Judgment!Court : Chennai
..... m/s.ags) stating that he has reasons to believe that income chargeable to tax for the assessment year 2009-10 escaped assessment within the meaning of section 147 of the income tax act, 1961 (hereinafter referred to as the act). further, the respondent proposed to assess/re-assess the income for the said assessment year and directed the said company to deliver ..... to him, within 30 days from the date of service of the notice dated 16.3.2016, a return of their income in the prescribed ..... the records of the respondent in c.w.1/1/148/aafca0242c/2016-17 dated 10.6.2016 and the consequential notice issued under section 148 of the income tax act, 1951 dated 16.3.2016 and quash the same as illegal and without jurisdiction.) 1. heard mr.r.sivaraman, learned counsel for the petitioner and mr. .....
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