Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1989)28ITD249(Ahd.)
..... of cit v. nandlal agarwal [1966] 59 itr 758 and reiterated the same' in cwt v. kripashankar dayashankar worah [1971] 81 ..... quoted with approval by the supreme court in the case of c.r. nagappa v. cit [1969] 73 itr 626 and the court in that case further observed that: the same consideration must apply in the interpretation of section 161(2) of the income-tax act, 1961.the supreme court had taken a similar view in an earlier decision in the case ..... aforesaid that the hon'ble supreme court has held that the provisions of section 161 of the act are in pari materia with the provisions of section 41 of the indian income-tax act, 1922 as well as the provisions of section 21 of the wealth-tax act, 1957. further, it would be clear that in case of a representative assessee, like .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1991)37ITD514(Ahd.)
..... property and other sources.proceedings of search under section 132 of the income-tax act, 1961 was carried out at the residence of the appellant on 16-1-1982. the only point of dispute in ..... the course of search. the other ground taken by the assessee relates to invalidity of interest charged under sections 139(8) and 215 of the income-tax act.2. during the course of search, diamond ornaments mentioned at sr. nos.40 to 45 of the annexure-a to the panchnama dated 21 ..... -1-1982 were found, which was valued by the valuer appointed by the income-tax department at an aggregate sum of rs. 75,300. para 10 of the order passed under section 132(5) dated 15-4-1982 reveals ..... he was inclined to accept the stand taken by the ito in treating the difference of the value of diamond jewellery as un-explained income of the assessee. in our view, the assessee has successfully discharged the initial burden of proving the sources of acquisition of aforesaid diamond .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1991)38ITD5(Ahd.)
..... to the effect whether the words "ordinarily resident in the said territories" have any direct nexus with the expression "resident but not ordinarily resident" under the income-tax act, 1961.17. for reasons given above we confirm the order of the learned commissioner setting aside the assessment on the point in controversy and directing the gift ..... indicates that he called upon the assessee to show that he was not ordinarily resident in assessment year 1984-85 under the provisions of income-tax act, 1961. he satisfied himself on that point. the gto was shown the pay-in-slips and counterfoils of cheques in support of the statement that the gifts ..... is directed against order dated 28-3-1988 passed by the commissioner of gift-tax, gujarat-i, ahmedabad in exercise of powers under section 24(2) of the gift-tax act, 1958.2. for assessment year 1984-85, the assessee had for the purpose of income-tax act, 1961 the status of resident but not ordinarily resident. the assessee filed return showing .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1996)56ITD254(Ahd.)
..... 1: for the purposes of this section, the following shall also be deemed to be cases where income chargeable to tax has escaped assessment, namely :- (c) where such income has been made the subject of excessive relief under this act or under the indian income-tax act, 1922 (1 of 1922); or (d) where excessive loss or depreciation allowance has been computed ..... details relevant for section 2(18) of the act and it has resulted into the assessment at lower rate of tax for assessment years 1969-70 to 1981 -82 and accordingly notice under section 147(a) read with section 148 of the it act, 1961 (hereinafter referred to as the act) was issued for reopening of the assessment relating to ..... supra). briefly stated the facts of that case were that in original assessment relating to assessment year 1960-61, the assessment was completed on 2-12-1961 and in assessment year 1961-62 the ito noticed that assessee had sold gold worth rs. 19,421. he issued notice on 3-9-1963 for reassessment and assessee filed .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1996)58ITD58(Ahd.)
..... itr 106, 116, the supreme court categorically stated that there was no objection to a minor being a member of an association of persons for the purpose of the income-tax act, 1961." 35. in reply to the aforesaid judgment relied by the ld. counsel for the assessee, the ld. d. r. very ably pointed out that in this ..... ld. d. r. had argued that the said judgment rendered by the hon'ble gujarat high court involved interpretation of the provisions of the act, 1922. the provisions contained in income-tax act, 1961 relating to the years under consideration are materially different. it was also pointed out by him that the circular relied by the hon'ble gujarat ..... power house, thuurah dist., thane.all these appeals relate to refusal to grant registration to the firm under section 185(1)(b) of the income-tax act, 1961 (hereinafter referred to as the act).3. in assessment year 1987-88 the assessee-firm submitted an application for grant of registration in the prescribed form no. 11 along with copy .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1999)64TTJ(Ahd.)460
..... cash of rs. 7,50,000 from shri ramehandra p. patel, the assessee's employee. the said cash of rs. 7,50,000 was requisitioned by the income-tax department under section 132a of the income tax act, 1961. during the course of action under section 132a, the said shri r.p. patel, the carrier of the said cash had stated that on 17-4-1989 ..... regard to the source of capital introduced by other partners. in the circumstances, the assessing officer added the sum of rs. 6,39, 109 as the assessee's income under section 68 of the income tax act, 1961.on appeal, the commissioner (appeals), deleted the addition following and the principle laid down by the judgments, reported at (1983) 141 itr 706 (all) : (1980) 124 itr .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2000)243ITR1(Ahd.)
..... well as the decision thereon are appearing in the headnote of the said decision at page 501 as under : "in a reference under section 256 of the income-tax act, 1961, it is not open to the high court to embark upon a reappraisal of the evidence. even the question of sufficiency of evidence cannot be gone into in ..... chokshi & co. who was examined under section 133a of the income-tax act, 1961, on february 27, 1986. he stated that he is in income-tax practitioner. besides professional income, he derived dividend income, interest income prior to 1973-74 and he was assessed to income-tax since 1975-76 but he was not assessed to wealth-tax. he has four members in his family, i.e., ..... opinion on the following point, we refer the case to the president as provided under section 255(4) of the income-tax act, 1961 : "whether, on the facts and in the circumstances of the case, the learned commissioner of income-tax (appeals) has erred in deleting cash credits of rs. 7,81,620 and rs. 2,83,494 in the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2000)68TTJ(Ahd.)610
..... it is pointed out that the tribunal, after recording a finding in para 27 of its order allowing the claim of exemption under section 11 of the income tax act went on to observe various other grounds contained in the grounds of appeal for the assessment year under reference have not been argued by the learned counsel ..... not consider the ground raised by the assessee in all the six appeals against the disallowance of the claim for accumulation of income as per provisions of section 11(2) of the income tax act.applications in prescribed form no. 10 filed by the assessee before the completion of impugned assessments whereby the assessee had intimated the ..... assessing officer for accumulation of income in terms of the provisions of section 11(2). the assessing officer rejected the applications on the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2000)75ITD362(Ahd.)
..... the cbdt and also in view of the unambiguous judicial pronouncements with respect to the term 'charitable purpose' as defined in section 2(15) of the income-tax act, 1961. by its very nature, a club exists mainly for the benefit of its members who are admitted to the membership of the club subject to certain terms ..... reads as under :- subject : promotion of sports - whether a charitable purpose - clarification regarding : the expression "charitable purpose" is defined in section 2(15) of the income-tax act, 1961, to include relief of the poor, education, medical relief and the advancement of any other object of general public utility. the question whether promotion of sports and games can be ..... to a group of persons who could not be equated with the 'general public' as envisaged in section 2(15) of the income-tax act, 1961. in para 10 of the impugned order ld. dy. cit(a) has concurred with the conclusion of the assessing officer. we are unable to uphold the views of the lower authorities in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2000)67TTJ(Ahd.)202
..... , i therefore, fail to understand as to why this question is asked to me repeatedly q 51. you have been clearly explained the provisions of section 131 of the income tax act (in the question no. 45) still however you have not been furnishing time and complete information in respect of gift received by you. and in addition you have been ..... for a gift and they have given me the gift.q. 45. from your above reply it is observed that in the statement recorded tinder s 131 of the income tax act it is seen that you have been replying to the it department by giving replies which are intentionally false and are misguiding. you are now made to understand clearly ..... itr 579 (p&,h). " in this connection, it is useful to refer to the safeguards provided under section 165 of the cr.pc which applies to search under the income tax act, in view of section 132(13) and they are : (i) the empowered officer must have reasonable ground for believing that anything necessary for the purpose of assessment/recovery of .....
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