Judgment Search Results Home > Cases Phrase: income tax act 1961 section 168 executors Sorted by: recent Court: guwahati Page 80 of about 794 results (1.951 seconds)

S. Charan Singh Vs. Commissioner of Wealth-tax

Court : Guwahati

..... provisions of the notices under section 14(2) of the wealth-tax act, penalty orders imposing penalties for the default under section 14(1) of the wealth-tax act, 1957, for the assessment years 1966-67 and 1968 - 69 were valid and were not void ab initio ?(2) whether, on the facts and ..... 1969, was to be made under section 18(l)(i) of the wealth-tax act, 1957, as substituted with effect from april 1, 1965, by section 18 of the wealth-tax (amendment) act, 1964, and thereafter under section 18(l)(i) as substituted by section 24 of the finance act, 1969 ?' 2. in the two questions, the issue relates to levy of ..... this reference under section 27(1) of the wealth-tax act, 1957. the following are the two questions referred : '(1) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that although the show-cause notices under section 18(2) of the wealth-tax act, 1957, were issued for non-compliance with the .....

Abdul Rab Abdul Salam Vs. Income-tax Officer.

Court : Guwahati

..... exist, but an investigation whether the inferences raised by the income-tax officer from the information are correct or proper cannot be made.." finally, the assessee relied on ..... to dismiss a petition in limine cannot be denied. "again in cit v. a. raman and co. : [1968]67itr11(sc) the powers of the high court were reiterated." ... the taxpayer may challenge the validity of a notice under section 147 of the income-tax act, 1961, on the ground that either branch of the condition precedent does not ..... 1969 was ascertained as rs. 7,51,814 plus rs. 8,38,397 = rs. 15,90,211.after the particulars were received, the income-tax officer, under section 147 of the income-tax act, recorded the reasons for reopening the two assessment orders and served the two impugned notices. the assessee, once on october 24, 1973, and .....

Goyal Trading Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1989)28ITD265(Gau.)

..... give rise to amnesty to the assessee against enquiries or verification of those facts. there was nothing in section 24 of the finance (no.2) act, 1965, which prevented the income tax officer, if he was not satisfied with explanation of the assessee about the genuineness or source of the amount found credited in its books, although the ..... law and was not vitiated.according to the cit (appeals) if the ito acted wrongly in making enquiries and impounded the books of the assessee after return has been filed under the amnesty scheme, the assessee should have complained the matter to the iac concerned or the commissioner of income-tax and this ground cannot be taken in appeal. ..... declared in a voluntary disclosure under section 24 of the finance (no. 2) act, 1965 and to say that the amount did not represent income or declarant. but this decision was overruled by the hon'ble supreme court in another case in jamnaprasad kanhaiyalal v. cit [1981] 130 itr 244, which was also taken into account by the .....

Ajit Singh Rais Vs. Commissioner of Income-tax.

Court : Guwahati

..... in holding that despite the charge of interest under clause (iii) of the proviso to section 139(1) of the income-tax act, 1961, penalty can be validly imposed under section 271(1)(a) of the income-tax act, 1961 ?(2) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that penalty ..... can be levied under section 271(1)(a) of the income-tax act, 1961, in spite of the filing of the return within the time allowed under section 139(4) of the income-tax act, 1961 ?(3) whether, on the facts and in the circumstances of the case, the tribunal was justified ..... returns for those years and in reducing the amount of penalties levied by the income-tax officer ?"s. ajit singh is the assessee. the income-tax officer, in his case, imposed penalty under clause (a) (i) of section 271(1) of the income-tax act, 1961. on appeal, the appellate assistant commissioner condoned the delay and recomputed the penalties .....

Tarun Chandra Barua Vs. Commissioner of Income-tax.

Court : Guwahati

..... capital asset within the meaning of section 2(4a) of the indian income-tax act, 1922, and that there was capital gain subject to income-tax ?"in this reference, tarun chandra barua is an assessee. he owned 175 bighas of land under dag. no. 36 of village fatasil ambari area. ..... disturbed by this court by going into the finding that has been recorded. if authority is needed, it is m. m. ipoh v. cit : [1968]67itr106(sc) : "... the high court, in a reference under section 66 of the income-tax act, was incompetent to disturb what was essentially a finding of fact recorded by the tribunal and arrive at another finding". on the question ..... a. raghuvir c.j. - the following question is referred to this court under sub-section (2) of section 256 of the income-tax act. the question reads as under :"whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the land in question was a .....

Surendra Prasad Singh and ors. Vs. Commissioner of Income-tax

Court : Guwahati

..... the circumstances of the case, the tribunal was justified in law in upholding the orders of the additional commissioner of income-tax under section 263 of the income-tax act, 1961, to the extent of charging of interest under section 139 and section 217 of the income-tax act, 1961, relating to the assessment years involved in the various appeals ? (2) whether, on the facts and in the circumstances of ..... non-charging of interest leviable under section 139 for the assessment years 1964-65, 1965-66, 1967-68 and 1968-69 as also of interest under section 217 of the income-tax act, 1961, for all the seven assessment years. all the assessments are, therefore, set aside with a direction that penalty proceedings should be initiated as directed in respect of the relevant years .....

Smt. Kamala Devi Todi (Legal Representative of Late Lalchand Todi) Vs. ...

Court : Guwahati

..... the facts and in the circumstances of the case, the tribunal was justified in holding that the best judgment assessments under section 144(b) of the income-tax act, 1961, for the assessment years 1962-63 and 1963-64 could be legally made without issuance of a notice under section 143(2), although the failure to comply ..... challenged except for the quantum of assessment since no applications under section 146 of the income-tax act, 1961, were made ?"learned counsel for the assessee in support of the first question argued that notice under section 143(2) of the income-tax act was not served on the assessee before the assessment order was finalised and, therefore, ..... the procedure prescribed under the act was not followed. what is urged more is that if the assessment order is finalised without notice .....

Commissioner of Income-tax Vs. 1. Joy Sukhlal SethiA. (i.T.R. No. 51 o ...

Court : Guwahati

the following question of law has been referred under sub-section (1) of section 256 of the income-tax act, 1961 :"whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the assessee, shri joysukhlal sethia, cannot be assessed in ..... and on the first day of the accounting year, a partial partition of the business assets of the hindu undivided family was made and when this was represented before the income-tax officer, the partial partition was accepted under section 171 and even after the partial partition, the hindu undivided family remained a partner of the firm.in the relevant year 1967 ..... -68, the income-tax officer, on the above facts, held that no separate partnership deed was drawn up but the partnership was governed by the earlier deed and so he treated the assessee .....

Meghalaya Road Carriers Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1990)32ITD213(Gau.)

..... section 185 being a separate order, would continue to exist no matter what decision is taken with reference to section 246(l)(c). the cit (appeals) observed that the scheme of the income-tax act is clear and in the case of the assessee the question of registration should be dealt with separately in the assessment as well as in ..... order refusing to grant the benefits of registration. he, therefore, inferred that there was no opportunity available to him to deal with the said order under section 185. the cit (appeals) observed that no doubt section 246(1 )(c) provides that the assessee can contest the status taken in the assessment. but without being able to upset the ..... adjudication. in respect of ground nos. sand 6, we are to hear the parties and examine the facts. the cit (appeals) mentioned that the assessee has not preferred a separate appeal under section 246(l)(j) of the act. to understand the real controversy, we should narrate the facts of the case in brief.2. the assessment was made .....

Wealth-tax Officer Vs. Abdul Malik

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1990)32ITD125(Gau.)

..... claim that taxation liability should be allowed. the w.t.o.mentioned that on 27-8-1970 there was a search and seizure under section 132(1) of the income-tax act,1961, in the business premises of the firm m/s. barik brothers and the residential houses of their partners etc. certain documents were seized and possessed. more ..... the years under consideration, but later on he noted that the demands were consequent to the income-tax assessment raised in the hands of the firm on reassessment under section 147(a) of the income-tax act. the w.t.o., therefore, concluded that as the liabilities for the taxes were not in existence on the date of valuation, these cannot be said to be ..... debts in terms of section 2(iii) of the wealth-tax act. he also noted that in respect of the firm's .....