Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: income tax appellate tribunal itat indore Page 12 of about 115 results (0.149 seconds)

Greater Kailash Nursing Home Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (1996)57ITD202Indore

..... is, therefore, eligible for immunities against levy of interest under various sections. the contention of the assessee did not find favour with the cit(appeals). according to him, the assessee has disclosed income recorded in the diaries after the same was discovered by the department during the survey operations, otherwise the same would have escaped assessment. he ..... return, the receipts have been shown as per the diaries. the assessing officer completed the assessment on total income of rs. 2,30,825 vide his order dated 6-3-1989 under section 143(3) of the act. he directed charging of interest under sections 139(8), 215 and 216. he also initiated penalty proceedings under ..... sections 271(1)(a) and 273(2)(aa) of the act.aggrieved, inter alia, by the assessing officer's direction for charging interest under the said sections and initiation of penalty proceedings under the above sections, the .....

Assistant Commissioner of Vs. Tolaram Hassomal

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (1997)61ITD38Indore

..... we find that the paper book filed by the revenue is in conformity with rule 18 of the income-tax (appellate tribunal) rules, 1963. on page 2 thereof is copy of assessment order dated 7-1-1983 under section 143(1) of the act accepting the income returned at rs. 18,570 for the assessment year 1981-82. on page 3 is itns-150 ..... was no assessment order as such is wholly immaterial. for the above observations, their lordships derived support from the decision of the supreme court in esthuri aswathiah v.ito [1961] 41 itr 539. their lordships finally held that an order for making a refund on the basis of a return submitted by an assessee amounts to an order of assessment ..... that for presentation of an appeal, the assessment order is essential under section 249(1) of the i.t. act and in this connection referred to the decision of bombay high court in rasiklal amritlal doshi v. a. nundi, addl. ito [1961] 42 itr 35 and argued that the assessment order under section 143(1) for these years had not been .....

Malwa Texturising (P) Ltd. and Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Indore

..... not take it out of section 246(1)(a) since there is no provision in the it act, 1961, corresponding to section 96(3) of cpc 1908. in this regard, he relied on chhatmall agrawal v. cit (1979) 116 itr 694 (p&h), gauri sahai ghisa ram v. cit (1979) 120 itr 338 (all). he contended that assessee's group did not file ..... returns before that date, therefore, the provision is applicable. he contended that section 249(4) is very clear and before filing the appeal assessee is supposed to pay tax on returned income as per clause (a) of sub-section (4) of section 249. he further contended that even the proviso to sub-section (4) of section 249 give the ..... these appeals. as far as first objection is concerned, he read out the provisions of section 249(4). he further submitted that though assessee had originally filed returns declaring nil income, later on some surrenders were made as per detailed letter of the assessee dt. 20th nov., 1996, and some of the returns were revised accordingly. in this regard, .....

Agro Aid Agencies Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (1995)52TTJIndore525

..... levy of penalty at rs. 7,100 under s. 273(2)(c) of the it act, 1961 (for short 'the act') for failure of furnishing estimate of advance tax in form no. 29 in accordance with the provisions of sub-s. (4) of s. 209a of the act for the asst. yr. 1985-86.2. the assessee is a firm engaged in ..... by the assessee in appeal. according to shri jain, non-filing of appeal does not necessarily lead to the conclusion that the assessee had not estimated its current income correctly. the assessee has maintained its account on mercantile basis and, therefore, it was necessary for it to provide for liability of the year of account.during the ..... penalty proceedings.3. in response to show-cause notice, it was contended before the assessing officer that the difference between the current income estimated by the assessee for the purposes of advance tax estimate and the income assessed arose on account of certain disallowances which could not be predicted at the time of filing the estimate. hence, the penalty .....

Hind Syntex Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (1998)67ITD36Indore

..... is advised by the financial experts on the companies law and income-tax matters. had the assessee been so sincere with regard to the amendments in the companies act, he would have disclosed or put a note in the return of income about the excess charge of depreciation in the return of income for the relevant assessment year stating therein the reasons for not ..... year the ao has reopened the assessment for the asst. yr. 1988-89 after forming an opinion that the income chargeable to tax has escaped assessment as it will have an impact on the working of income under s. 115j of the act. consequently after issuing a notice under s. 148 the reassessment was framed under s. 143(3)/147 of the ..... 25,42,627. later on, the ao passed a rectification order under s. 154 of the act and computed the income under s. 115j of the act and made an addition of rs. 10,35,066 against which an appeal was filed before the cit(a) but the assessee could not succeed and it has filed an appeal before us vide ita .....

Deputy Commissioner of Vs. Mittal Appliances (P.) Limited

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2001)76ITD15Indore

..... ground that since the appeal for the same assessment year has been dismissed as withdrawn in view of the certificate issued by the commissioner of income-tax under section 90(2) read with section 91 of the finance act, 1998 in respect of kar vivad samadhan scheme, the revenue's appeal should also be deemed to have been withdrawn.3. the learned departmental ..... itr 123 in which their lordships have held that deduction under section 80-i is to be allowed on the gross total income and not the income reduced by the deductions under section 80hh of the act. since the findings of the cit(a) are in consonance with the judgment of the jurisdictional high court, we find no justification in interfering with the same .....

Shajapur Solvent Extraction (P.) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2002)80ITD345Indore

..... , other documents or assets requisitioned under section 132a. therefore, the appellant was entitled to file the appeal before the cit(a) under the general clause whereby he could challenge any demand raised by the income-tax authorities. he also brought to our attention provisions of section 158be whereby sub-section (1) provides time limit for ..... as annexure 'a/1'. from the said diary, it appears that the appellant-company had suppressed production of doc and, therefore, it was inferred that income by the company was concealed during assessment year 1995-96. a notice under section 158bd read with section 158bc was accordingly issued to the appellant-company on ..... of the assessec, mr. m. mehta, contended that no search was conducted at the premises of the assessee.therefore, provisions of sections 132 and 132a of the act were not applicable. once these provisions are held inapplicable, the assessment framed under section 158bd read with section 158bc is not proper. he invited our attention to .....

Assistant Commissioner of Income Vs. Shree Sajjan Mills Ltd.

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2008)115TTJIndore145

..... payment of the commission to s was genuine and did not amount to diversion of the income of the assessee to reduce the tax liability.the tribunal allowed the claim of the assessee. the tribunal rejected the application of cit under section 256(1) of the it act, 1961, for referring a question of law on an application under section 256(2) (sic ..... ble president of the tribunal to refer the following point of difference to a third member under section 255(4) of the it act, 1961: whether, on the facts and in the circumstances of the case, the learned cit(a) was justified in deleting the addition of rs. 13 lacs on account of disallowance of commission payment claimed during the ..... bench of the tribunal, following question has been referred to me as a third member under section 255(4) of the it act: whether, on the facts and in the circumstances of the case, the learned cit(a) was justified in deleting the addition of rs. 13 lacs on account of disallowance of commission payment claimed during the .....

Reliable Cigarette and Tobacco Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (1995)51TTJIndore103

..... first put to use.7. we have perused the decision of the kerala high court in cit vs. a.yunus kunju (supra) relied on by the learned departmental representative. in that case the assessee failed to furnish a return under s. 139(1) of the it act, 1961, for the accounting year 1977-78.notice dt. 10th jan., 1979 under s. 139( ..... ) accepted the contention of the assessee. the tribunal affirmed the order of the cit(a). on these facts the high court held that the second return filed by the assessee could not be treated as a revised return under s. 139(5) of the act. in the case before us there is no such controversy about the validity or ..... club. according to the assessing officer the expenditure was not connected with the business of the assessee. he, therefore, made the impugned disallowance which has been upheld by the cit(a). the learned counsel for the assessee submitted that the payment, in question, is an allowable expenditure as it is not in the nature of entertainment expenditure. the .....

Rameshchandra Bordia Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Indore

..... is incorrect statement of the ito. he argued that on the basis of the said incorrect facts, the ito had proceeded to initiate income-tax proceedings against shri rameshchandra bordia. he submitted that any action taken under the it act pursuant to misappreciation of facts cannot have any legal sanctity. under the said wrong notion, the ito had issued notice under s. 148 ..... , and we are inclined to agree with the majority view that the decision of the privy council in nawal kishore's case (supra), is no longer applicable to the it act, 1961, by reason of the specific statutory changes, which the division bench of the said court has noted in extenso. if the right of appeal of the assessee is to ..... a person was wrongly deemed to be an agent could only be taken as one of the grounds of attack against the assessment order. sec. 246(g) of the 1961 act provides for an appeal from an order under s. 163 treating an assessee as the agent of a non-resident. sec. 249(2) provides that the appeal should be .....