Court : Allahabad
Reported in : (1981)20CTR(All)160; [1981]128ITR564(All)
..... finding recorded by the tribunal that in this case the onus that lay on the assessee in view of the explanation to section 271(1)(c) of the income-tax act, 1961, had been discharged ?' 3. the observation made by the tribunal indicates that in its opinion in cases where the explanation added to section 271(1)(c) is ..... is made no penalty under section 271(1)(c) can be imposed. section 143 of the income-tax act, 1961, read with section 145 of the act, clearly contemplates that in a case where the assessee files a return of its income and the income-tax officer is either not satisfied that the method employed by the assessee in maintaining its account books ..... that lav on the assessee in view of the explanation to section 271(1)(c) of the income-tax act, 1961, had been discharged ?' assessment year 1966-67:'(1) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was legally correct in cancelling the penalty of rs. 13,000 imposed upon the assessee under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All330; [1970]25STC383(All)
..... to draw an analogy from the corresponding provisions under the income tax act. the income tax act of 1961 also contains several provisions for the imposition of interest when the assessee defaults in making payment of advance or regular tax. under section 156 of the income tax act, 'when any tax, interest, penalty fine or any other sum is payable ..... in consequence of any order passed under the act, the income tax officer has ..... has become classical and has been cited with approval by the supreme court in cases which are a legion. to quote some of such cases under the income tax act, reference may be made to the following where this passage of lord asquith of bishopstone has been reproduced and approved:(a) m.k. venkatachalam v. .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]144TAXMAN651(All)
..... , order or direction in the nature of certiorari quashing separate notices issued to them on 15-3-2001 by the income tax officer, ward bijnor, respondent no. 1, under section 148 of the income tax act, 1961 ('the act'), relating to the assessment year 1996-97.since all the four petitions raise a common question of law, they are ..... (p) ltd. (supra).18. in the case of gkn driveshafts (india) ltd. (supra) the apex held as follows:'when a notice under section 148 of the income tax act, 1961, is issued the proper course of action for the notice is to file the return and, if' desires, to seek reasons for issuing the notices. the assessing officer ..... the writ petition under article 226 is maintainable.27. it is well-settled that the proceedings under the wealth tax act and the income tax act are separate and merely because the assessing officer under the wealth tax act and the income tax act is one and the same person, would not mean that the scrutiny of materials /informations/ wealth under the .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]144TAXMAN848(All)
..... appeals) order directing accepting of the assessee's request made under section 154 of the income tax act, 1961 that it was an industrial undertaking and the mistake of its being treated as non-industrial one, was apparent on the face of the record in respect of assessment ..... tribunal, delhi has referred the following questions of law under section 256(1) of the income tax act, 1961 (hereinafter referred to as 'the act') for opinion to this court :-'whether on the facts and in the circumstances of the case, the tribunal has been correct in law in upholding the commissioner ( ..... there was a mistake apparent on the record inasmuch as the firm had not been charged at the maximum rate of tax under section 17(1) of the indian income tax act, 1922. the income tax officer rectified the assessment by applying the provisions of that section. on these facts, the apex court has held that the question whether sections 17(1) .....
Tag this Judgment!Court : Allahabad
Reported in : [1967]63ITR97(All)
..... given by a learned single judge of this court in writ petition no. 2624 of 1957, dated 3rd october, 1961, in which the view taken was that no penalty under section 46(1) of the income-tax act could be imposed, having regard to the principles of natural justice, without first issuing notice to such person. that ..... assistant commissioner gave full hearing on merits, we are unable to hold that the imposition of penalty under section 46(1) of the income-tax act read with section 21 of the excess profits tax act was invalid.in these circumstances, the question referred to us is answered in the affirmative. the assessee will pay the costs of the ..... appellate assistant commissioner who dismissed the appeals and confirmed the imposition of the penalties. a further appeal before the income-tax appellate tribunal under section 66(1) of the income-tax act read with section 21 of the excess profits tax act to refer a question of law to this court and it is in pursuance of that application that question .....
Tag this Judgment!Court : Allahabad
Reported in : [2008]302ITR221(All)
..... tribunal, new delhi, has referred the following questions of law under section 256(1) of the income tax act, 1961 income tax act for opinion to this court:r.a. no. 980/delhi/96 (a.y. 1984-85)1. whether, on the facts and in the circumstances of the case, learned itat was ..... legally correct in deleting the addition of rs. 2,99,287 towards cessation of liability which is clearly chargeable to tax under section 41(1) of income tax act ?2. whether, on the facts and in the circumstances of the case, learned itat was legally correct in deleting the addition of rs. 1,77,953 made ..... was legally correct in deleting the addition of rs. 1,39,658 made by the assessing officer under section 40a(5) of income tax act and holding that disallowance should be: worked out in view of rule 3(c)(ri) of income-tax rules ?whether, on the facts and in the circumstances of the case, learned itat was legally correct in deleting the addition of .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)196CTR(All)53; [2005]274ITR155(All)
..... (sc) , has held the question whether that proceeding was barred by limitation or not is irrelevant for determining whether under section 297(2)(d)(ii) of the income-tax act, 1961, the proceedings were pending or not. under the said section, actual pendency of a proceeding is required.18. in the case of sheth enterprises (p) ltd., ..... jadeja : [2003]259itr149(guj) , the gujarat high court was considering a case where the assessee had filed revisions under section 264 of the income-tax act, before the commissioner of income-tax, rajkot, after the expiry of the period for filing the revision. the assessee had also applied for condonation of delay. after filing the revision applications ..... calcutta high court has held that where the application for condonation of delay which was filed along with the application for revision under section 264 of the income-tax act has been rejected, the revision was to be treated as nonest and when it was non est, there would not be any question of pendency of .....
Tag this Judgment!Court : Allahabad
Reported in : (1991)98CTR(All)196; [1991]190ITR216(All)
..... tribunal, allahabad, has stated the following question under section 256(2) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, theincome-tax appellate tribunal was right in holding that section 104 of theincome-tax act, 1961, was not attracted ?' 2. the assessee is a private limited company in which the public are not substantially interested. it manufactures sodium sulphate. it ..... , tended toaccumulate profits without distributing them as dividends. the section was aimed to defeat such acts. this section corresponds to section 23a of the indian income-tax act, 1922. in cit v. gangadhar banerjee (p.) ltd. : [1965]57itr176(sc) , the supreme court held that while applying this provision, the income-tax officer must have regard to the actual profit arrived at on commercial principles and not to .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]94ITR315(All)
..... 84 of the income-tax act 1961, and was entitled to an exemption of tax on a sum of rs. 13,303 on this account. thereafter, he proceeded to ..... whether, on the facts and in the circumstances of the case, the tribunal rightly held that the rebate and relief under sections 84 and 88 of the income-tax act, 1961, were to be allowed in the hands of the registered firm '6. the language of section 84 is quite clear. it provides that ..... -64, the assessee gave donations amounting to rs. 15,530. it also derived income from a newly set up industry. the assessee claimed that it was entitled to rebate in respect of the aforesaiditems, under sections 88 and 84 of the income-tax act, 1961. the income-tax officer made an order holding that the assessee was entitled to claim rebate tinder section .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]284ITR484(All)
..... has referred the following question of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act') for the assessment year 1986-87 for opinion to this court:whether, on the facts and in the circumstances of the case, learned income-tax appellate tribunal was legally correct in holding that the interest under section 7b of ..... , under section 7b, interest is payable on the aggregate sum of any 7 instalments of advance tax paid during any financial year. the provision of section 7b of the companies (profits) surtax act, 1964 is similar to section 214 of the income-tax act.8. we find that the andhra pradesh high court in the cases of j. and j ..... . dechane v. cit : [1990]182itr345(ap) ; bakelite hylam ltd. v. cit : [1993]202itr145(ap) , the bombay high court in the case .....
Tag this Judgment!