Court : Madhya Pradesh
Reported in : (2010)228CTR(MP)497; [2009]310ITR341(MP)
..... dipak misra, j.1. regard being had to the similarity of the substantial question of law involved in these appeals preferred under section 260a of the income-tax act, 1961 (or brevity 'the act'), they were heard analogously and are being disposed of by a singular order. for the sake of clarity and convenience, the facts in mait no. 58 of ..... investment and finance co. ltd. [2007] 294 itr 438 (mad), it was held as under (headnote):. that in view of the express provisions of the income-tax act, 1961, an assessee was entitled to compensation by way of interest for the delay in the payment of amounts lawfully due to the assessee which were withheld wrongly and ..... complete working of the correct amount of deduction under section 80hh of the act and accordingly, he disallowed the deduction of rs. 3,00,75,391.4. being dissatisfied with the order of the assessing officer, the assessee preferred an appeal before the commissioner of income-tax (appeals) to delete the addition of rs. 1,46,623 on account .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1996]218ITR515(MP)
..... also decided some other questions against the assessee. the order of assessment dated june 23, 1981 is annexure 'a-1'. it was passed under section 143(3)/144b of the income-tax act, 1961. an appeal, registered as i.t. 482/81-82, was filed. thereafter, an appeal, i.t.a. no. 315/ind of 1982, was filed which was decided ..... a.r. tiwari, j. 1. the applicant (assessee) has filed this application under section 256(2) of the income-tax act, 1961 (for short 'the act'), seeking a direction to the income-tax appellate tribunal to state the case and refer the undernoted question of law for our answer :'whether, on the facts and in the circumstances of the case, ..... in the hands of the appellant and in the year of receipt ?'2. briefly stated, the facts of the case are that the applicant is an assessee under the income-tax act. this application pertains to the assessment year 1972-73. the assessee received interest during the accounting year from the government. the amount was paid to the then holkar state .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)189CTR(MP)26; [2004]268ITR244(MP); 2004(1)MPHT438; 2004(1)MPLJ589
..... assessment years 1972-73,1973-74 and 1974-75 the income tax officer completed assessment in the cases of all the partners under section 141a of income tax act, 1961 (hereinafter referred to as the 'act') and excess advance tax was refunded together with interest under section 214 of the act. on completion of regular assessment of these three years under ..... section 143(3), taking share income subject to rectification under section 155, no refund was ..... before us that up to 1-4-1989 the interest shall be payable in accordance with section 244 of the income tax act and for the period beyond that, according to section 244a of the income tax act. so far as the period prior to 1-4-1989 is concerned, the appellant's case is that interest .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004]136TAXMAN465(MP)
..... assessment years 1972-73, 1973-74 and 1974-75 the income tax officer completed assessment in the cases of all the partners under section 141a of income tax act, 1961 (hereinafter referred to as the act) and excess advance tax was refunded together with interest under section 214 of the act. on completion of regular assessment of these three years under ..... section 143(3), taking share income subject to rectification under section 155, no refund was ..... before us that up to 1-4-1989 the interest shall be payable in accordance with section 244 of the income tax act and for the period beyond that, according to section 244a of the income tax act. so far as the period prior to 1-4-1989 is concerned, the appellants case is that interest has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ228
..... orderu.l. bhat, c.j.1. the following question has been referred by the income tax appellate tribunal at the instance of the revenue under section 256(1) of the income tax act, 1961 :-'whether on the facts and in the circumstances of the case, the tribunal was correct in interpreting the word 'regular assessment' in the light of the ..... proceedings. it states that where, as a result of any order passed in appeal or other proceeding under the act, refund of any amount becomes due to the assessee, the income tax officer shall, except as otherwise provided in this act, refund the amount to the assessee without his having to make any claim in that behalf. sub-section (1 ..... and 244(14). the claim was rejected by the income tax officer. in appeals filed by the assessee, the c.i.t (appeals) upheld the claim of the assessee and directed the income tax officer to work out the exact amount due as interest under sections 214 and 244 of the act. the tribunal allowed the application filed by the revenue .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)135CTR(MP)365; [1996]222ITR620(MP)
..... by his order dated march 7, 1990, directed the assessing officer to allow the claim of interest under section 67(3) of the income-tax act, 1961 (for short, 'the act'). in pursuance of the aforesaid order, the respondent reassessed the income of the petitioner to the tune of rs. 1,04,070 by the assessment order dated april 11, 1991. the petitioner, in compliance ..... waived interest to the tune of rs. 14,330 by the order dated nil, but served on the petitioner on november 30, 1993. but, even after reassessment of the income, no demand notice was ever issued to the petitioner and the petitioner was not refunded the excess amount paid by him. therefore, the petitioner has submitted that he is ..... shivnarain ashok kumar and co. and the total income of the assessee was determined at rs. 1,48,270 as per i. t. n. s. no. 150, dated may 7, 1992, which was subse-quently revised under section 154 on august 6, 1992, for allowing interest under section 244(1a) of the act as the same was not allowed in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1971]80ITR656(MP)
..... legal position be different when a registered firm is assessed on the footing that it is an unregistered firm for imposing penalty? section 271(2) of the income-tax act, 1961, creates a statutory fiction by direction a registered firm to be treated as an unregistered firm for the computation of penalty. it has been well said that ..... a registered firm under section 271(1) read with section 271(2) of the income-tax act, 1961, the tax payable by such firm should be determined without deducting the advance tax paid by the partners under section 18a of the income-tax act, 1922, from the gross tax payable by the firm on the basis that it was an unregistered firm.11. there ..... (1) read with section 271(2) of the income-tax act, 1961, the tax payable by such firm should be determined after deducing the advance tax paid by the partners under section 18a of the indian income-tax act, 1922, in respect of their shares of profits from the firm from the gross tax payable by the firm on the basis that it .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2006)199CTR(MP)400
..... under the proviso to section 30 of the income tax act, 1922, in the instant case, when there is a material difference between the relevant provisions in section 30 of the 1922 act and section 249(4) of the income tax act, 1961 ?4. whether, in the facts and circumstances of the case, the ..... defects. the assessing officer called upon the assessee to cure the defects. eventually on 31-3-1985 the assessing officer completed the assessment under section 144 of income tax act. it is against this order of assessment, the assessee filed appeal to commissioner (appeals). in the appeal, the assessee raised several grounds including some preliminary ..... case, the commissioner (appeals) would impliedly be deemed to have exercised his powers under the proviso to section 249(4) of the income tax act and exempting the assessee from payment of tax, when he proceeded to dispose of the appeal on merits ?3. whether the tribunal is correct in law in relying upon the decision .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1983]139ITR64(MP)
..... to this court for its opinion :'(1) whether, on the facts and in the circumstances of the case, the levy of penalty, at 25% of the tax avoided, under section 271(1)(c) of the income-tax act, 1961, for the a. y. 1959-60, was valid in law ?(2) whether, on the facts and in the circumstances of the case, the levy of penalty ..... , at 25% of the tax avoided, under section 271(1)(c) of the income-tax act, 1961, on the assessee for the a. y. 1960-61, was valid in law ?(3) whether, on the facts and in the circumstances of the case, the ..... levy of penalty, at 25% of the tax avoided, under section 271(1)(c) of the income-tax act, 1961, on the assessee for the a. y. 1961-62, was valid in law ?'2. the material facts, giving rise to this reference, are briefly as follows:the assessee is a contractor .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP148
..... 'residents' according to whether they are 'ordinarily residents or not'. but that distinction is not one wholly between resident and non-resident. under the income-tax act the incidence of tax depends upon and is determined by the question whether the assessee is resident in the taxable territories. it goes not depend on the assessee being 'resi ..... 1st april, 1950, a person residing in madhya bharat, a part b state comprising of certain former indian states, was not liable to pay any tax under the indian income-tax act unless he was at the same time 'a resident in the taxable territories' within the meaning of section 4-a and the definition of 'taxable territories ..... it was not brought into the taxable territories. in many indian states there was no income-tax and in some, where it existed, the rate of tax was much lower than the rate of tax under the indian income-tax act. when, therefore, the indian income-tax was extended to part b states, the legislature thought it proper to soften the .....
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