Court : Allahabad
Reported in : AIR1960All19; [1960]40ITR222(All)
..... the records and all documents and materials that are to be used against him. under the provisions of section 37 o the indian income-tax act, the proceedings before the income-tax officer are judicial proceedings and all the incidents of such judicial proceedings have to be observed before the result is arrived at.'in the ..... relevant portion of the impugned, sub-section, namely, section 34(1 a) of the indian income-tax act. this sub-section provides that if the income-tax officer has reasons to believe that income, profits or gains chargeable to income-tax have escaped assessment for any year in respect of which the relevant previous year falls within the period ..... dictionaries, but none of the meanings assigned to the words exclude the interpretation of the impugned sub-section that the income-tax officer is to assess the income and then the other provisions of the income-tax act become immediately applicable, including the provisions of section 23.32. in ronald burrows. vol. v, at page 388 .....
Tag this Judgment!Court : Allahabad
Reported in : [1951]19ITR507(All)
..... , be computed on the principles on which the profits of a business are computed for the purposes of income-tax under section 10 of the indian income-tax act, 1922.'section 10(1) of the indian income-tax act lays down that :- 'the tax shall be payable by an assessee under the head profits and gains of business, profession or vocation in ..... proviso to rule 1 is that :-'where the profits during any standard period have already been determined for the purpose of an assessment under the indian income-tax act, 1922, such profits as so determined shall, subject to the adjustments required by this schedule, be taken as the profits during that period for the purpose ..... accounting period it being the duty of the excess profits tax officer to compute the profits in accordance with the provisions of section 10 of the indian income-tax act and the first schedule to the excess profits tax act, he could not be guided by the opinion of the income-tax officer in the matter.the point strenuously urged by mr .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]110ITR798(All)
..... tribunal, ' b ' bench, allahabad, has, at the instance of the commissioner of income-tax, made this reference under section 256(1) of the income-tax act, 1961.2. the assessee in this case is k. s. wazir mohd. and sons, a registered firm, carrying on business of building contractors and the assessment year involved is the year ..... under sections 30 to 43 of the income-tax act, corresponding to section 10(2)(xv) of the 1922 act, a proper trade or commercial expense which has not been specifically prohibited by any other section of the act, has to be excluded in computing the assessee's taxable profits and gains of business under section 28 of the 1961 act or section 10(1) of the .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]109ITR37(All)
c.s.p. singh, j. 1. the income-tax appellate tribunal, allahabad bench, allahabad, has under section 256(2) of the income-tax act, 1961, referred the following question for our opinion :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in cancelling the penalty imposed under section 271(1)(c) of the income-tax act, 1961 ?'2. the facts necessary for the decision ..... of this reference may be shortly stated. the assessee is a registered firm and carried on the business ofmanufacturing of tents, etc. for the year 1964-65, it filed a return showing an income of rs. 43,395. the income-tax officer assessed the income at rs. 81,786 by making .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)165CTR(All)72; [2000]246ITR144(All)
..... 89 civil procedure code. therefore, in our view, the ratio of janak raj's case : [1967]2scr77 , will apply with full force to sales under schedule ii to the income-tax act 1961. 18. the aforesaid principle was reaffirmed in sardar govindrao mahadik v. devi sahai : [1982]2scr186 , in which the auction purchaser was the decree holder himself. the apex ..... d-53/91-d situate at luxa in the town of varanasi and also an order passed by the commissioner of income-tax by which the latter dismissed the petitioner's revision petition under section 264 of the income-tax act, 1961, against an order of confirmation of sale. 2. counter and rejoinder affidavits have been exchanged. 3. we have ..... allowed and, therefore, the sale that was held on january 11, 1980, should have been set aside by the tax recovery officer. he placed reliance on sub-section (3) of section 225 of the income-tax act, 1961, which reads as under: '(3) where a certificate has been drawn up and subsequently the amount of the outstanding .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)37CTR(All)220; [1983]143ITR901(All); [1983]12TAXMAN91(All)
..... of rs. 20,000 imposed by the iac under section 271(1)(c) of the i.t. act, 1961 ' 2. the material facts lie in a short compass. sri sohan lal filed an income-tax return for the assessment year 1965-66, but did not include the income received by his minor son, pawan kumar, in that return. the minor had been admitted to the ..... r.b. lal, j.1. the income-tax appellate tribunal, allahabad bench, has referred the following questions under section 256(2) of the i.t. act, 1961 (briefly ' the act '), for the opinion of this court:' 1. whether, on the facts and in the circumstances of the case, was the tribunal legally correct in holding that the explanation to ..... from referring the matter to a larger bench because the form of the income-tax return had been changed from 1st april, 1972, and a separate column had been provided for showing the 'income arising to spouse, minor child or any other person, as referred to in chap. v of the act ', and the question had thus become only academic.5. though in .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)148CTR(All)97; [1998]233ITR624(All); [1998]100TAXMAN369(All)
..... business could be assessed in accordance with section 188 of the income-tax act, 1961 ?' (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in upholding the appellate assistant commissioner's view that the income of the two periods could not be clubbed and that two separate ..... 256(2) of the income-tax act, 1961 (for short 'the act'), the income-tax appellate tribunal, delhi bench 'a', new delhi, has referred at the instance of the revenue, the following two questions for the opinion of this court :'(1) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in ..... change in constitution of the firm within the meaning of section 187 of the act and, therefore, one assessment was called for.3. on appeal, the appellate assistant commissioner of income-tax did not agree with the view taken by the income-tax officer and relying upon a full bench decision of this court in dahi laxmi .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC493
..... the indian sugar company with the appellant-company therein, the indian sugar company continued to have its entity and was alive for the purposes of section 41(1) of the income-tax act, 1961, the apex court held as under :'generally, where only onecompany is involved in changeand the rights of the shareholders and creditors are varied,it amounts to reconstruction orreorganisation of scheme ..... . delhi, air 1991 sc 70, question was whether an amalgamated company could be held liable to pay tax under section 48(1) of the income-tax act. 1961. the supreme court held as under:'in order to attract the provisions of section 41(1) for enforcing the tax liability, the identity of the assessee in the previous year and the subsequent year must be the same .....
Tag this Judgment!Court : Allahabad
Reported in : [1998]232ITR588(All); [1998]100TAXMAN140(All)
..... october 18, 1974, the business and residential premises of the assessee and that of smt. joya varshney were subjected to search under section 132 of the income-tax act, 1961 (for short 'the act'). it was discovered that the assessee maintained two wives, namely, smt. praful lata varshney and smt. joya varshney. the first wife was living in ..... tribunal was justified in law in confirming penalties for the assessment years 1972-73, 1973-74 and 1974-75 under section 271(1)(c) of the income-tax act, 1961 ?' 2. sushil kumar sarad kumar in the years under consideration was a proprietary concern of one sushil kumar varshney (hereinafter referred to as 'the assessee') ..... inadequate considering the size of the family, the standard of living and other factors. eventually, the income-tax officer inflicted varying amounts of penalty upon the assessee for each year under section 271(1)(c) of the act with the following remarks :'it has been established that he deliberately showed nominal withdrawals for meeting .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All338
..... that the notices were valid. the notices and the assessment orders were held to be valid because of section 44 of the income-tax act made applicable to assessment and collection of excess profits tax. 13. the facts in muthappa chettiar v. income-tax officer : [1961]41itr1(ap) were as follows. muthappa and thyagrajan were partners of a firm which carried on business, the latter being the ..... subject of the assessment was not the person but the business. to this extent the excess profits tax act departed from the income-tax act under which every person is to be charged with income-tax in respect of his total income of the previous year, see section 3 of the income-tax act. 'person here includes every individual, hindu undivided family, company, local authority and every firm or other association .....
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