Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: income tax appellate tribunal itat lucknow Page 1 of about 81 results (1.996 seconds)

Handloom Intensive Development Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2008)114TTJLuck416

..... family trust (supra), it is to be noticed that the crucial words in section 147, namely, "has reason to believe that income chargeable to tax has escaped assessment" were also present in the original section as enacted by it act, 1961 which came into force w.e.f. 1st april, 1962. thus, the asst. yr. 1962-63 which was involved in ..... trust (supra) it is to be noticed that the crucial words in section 147, namely, "has reason to believe that income chargeable to tax has escaped assessment" were also present in the original section 147 as enacted by it act,1961, which came into force w.e.f. 1st april, 1962.thus, the asst. yr. 1962-63,which was involved in ..... the validity of reassessment proceedings under section 147 of the it act, 1961 and has also challenged the decision of cit(a) in upholding the proceedings under section 147 of the act, as valid.4. briefly stated, the facts of the case are that the assessee company filed its return of income on 28th nov., 1997 declaring a loss of rs. 30 .....

Shri Anil Kumar Goel Vs. the Ito Range Iv(4)

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2008)116TTJLuck239

..... in the case of y. narayana chetty and anr. v.ito 35 itr 388: in this case it was held that the notice prescribed by section 34 of the income-tax act, 1961 for the purposes of initiating re-assessment proceedings is not a mere procedural requirement; the service of prescribed notice on the asscssee is a'condition precedent to the validity of ..... 2002. 7. that the inspector namely sri a.k. seghal served the notice under section 148 of the income tax act 1961 dated 20.03.2002 on the person alleged to be the employee of the deponent without asking the name of the person or his authority while such alleged person was ..... connection with the as the deponent was himself present before the learned assessing authority and the learned assessing authority could easily have served the notice under section 148 of the income tax act, 1961 on the deponent instead of allegedly sending his inspector to the place 51, g.b marg, lucknow for the a.y 95-96 & 96-97 on dated 26.3. .....

Deputy Commissioner of Vs. Uttar Pradesh Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... initiate assessment proceedings because local authority is taxable unit under section 2(31) of the income-tax act, 1961 and that every income of the local authority is not liable to be excluded under section 10(20) of the income-tax act, 1961. the cit(a) following the order of the hon'ble high court in respect of local authority ..... vide its miscellaneous application for rectification of certain mistakes including a request for clarifying the issue relating to assessee's claim under section 11 of the income-tax act, 1961 in para 8 of the miscellaneous application had requested.... 8. in the alternative-claim of the assessee under section 11, it may be clarified that ..... are extracted as under :-- the u.p. forest corporation was created by the u.p. forest corporation act, 1974. the corporation filed its return of income as exempt under section 10(20) of the income-tax act, 1961 claiming it to be a local authority. against initiating the assessment proceedings for the assessment year 1976-77, .....

inder Kumar Bachani (Huf) Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2006)99ITD621Luck

..... issue. i, therefore, in exercise of powers available under sub-section (1) of section 263 of the income-tax act, 1961 set aside the assessment order dated 29-1-2003 under section 148/143(3) of the i.t. act, 1961 made by the income-tax officer, ward 3(4), kanpur with the direction to make it afresh after taking the value of gold ..... on file. since the assessee has not deposited the tax on the disclosure of income of rs. 3,74,312, he loses immunity under the vdis-1997. in the above circumstances, income of rs. 3,74,312 chargeable to tax has escaped assessment under the provisions of section 147 of it. act, 1961.5.7 during the assessment proceedings again, the statement ..... assessment under section 148/143(3) of the ix act, 1961 was made on the basis of a set of documents forwarded by cit-h, surat regarding declaration made by the assessee under vdis-1997. the issue involved in the notice under section 263 of the it. act was whether the income declared by the assessee under the vdis-1997 should be .....

Deputy Commissioner of Vs. Rohtas Projects Ltd.

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2006)100ITD113Luck

..... of the assessing officer to de novo examine the investment in the cost of construction? 1. the hon'ble president of income-tax appellate tribunal exercising power under section 255(4) of the income-tax act, 1961 ('the act') has referred the following point of difference emanated from the orders passed by the id. judicial member, shri b.r. ..... while the word 'evidence' may recall the oral and documentary evidence as may be admissible under the indian evidence act, 1872, the use of the word 'material' in section 143(3) of the income-tax act, 1961, shows that the income-tax officer, not being a court, can rely upon material which may not be strict evidence admissible under the ..... ] 134 itr 119 observed as under: in the making an assessment, the ito does not act merely on what is technically described as 'evidence' in the indian evidence act. under sections 142 and 143 of the income-tax act, 1961, the ito may also act as 'the material gathered' by him. the word 'material' shows that the ito is .....

Assistant Commissioner of Vs. Sahara India

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2006)100ITD93Luck

..... submission was made vide letter dated 12-1-1998:the additional commissioner date 12-1 -1998of income-tax, central circle, sub: reply to notice under section 271d of the income-tax act, 1961 for the assessment year 1994-95. with reference to your notice under section 271d of the income-ax act, 1961 for the assessment year 1994-95 it is respectfully submitted as under: the assessee-firm is ..... the cancellation of penalty of rs. 41,42,87,300 imposed by the addl. cit (central), lucknow under section 271d of the income-tax act, 1961. in the cross-objection, two grounds have been taken by the assessee for supporting the order of learned cit(a).3. shri k.k. pandey, cit dr appeared for the assessee whereas shri a.a.thakkar, advocate along with shri j .....

Dy. Cit Vs. U.P. Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2001)79ITD319Luck

..... the revenue vide its miscellaneous application for rectification of certain mistakes including a request for clarifying the issue relating to assessee's claim under section 11 of the income tax act, 1961 in para 8 of the miscellaneous application had requested....8. in the alternative-claim of the assessee under section 11, it may be clarified that the ..... (appeals) erred in law and on facts of the case in holding that the assessee-corporation is exempt under section 10(20) and 11 of the income tax act, 1961.(ii) that the hon'ble high court's decision referred to by the learned commissioner (appeals) has not been accepted and a s.l.p. have ..... power to initiate assessment proceedings because local authority is taxable unit under section 2(31) of the income tax act, 1961 and that every income of the local authority is not liable to be excluded under section 10(20) of the income tax act, 1961. the commissioner (appeals) following the order of the hon'ble high court in respect of local .....

Dy. Cit Vs. Rohtas Projects Limited

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2006)282ITR42Luck

..... in building without taking into consideration the d.v.o's report.22. the hon'ble president of income tax appellate tribunal exercising power under section 255(4) of the income tax act, 1961 (hereinafter referred to as the act) has referred the following point of difference emanated from the orders passed by the ld. judicial member, shri ..... word "evidence" may recall the oral and documentary evidence as may be admissible under the indian evidence act. 1872, the use of the word "material" in section 143(3) of the income tax act, 1961, shows that the income-tax officer, not being a court, can rely upon material which may not be strict evidence admissible under the ..... evidence act for the purpose of making an order of assessment. courts often take judicial notice of certain facts .....

Saroj Nursing Home Vs. Asstt. Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... years. the preliminary grounds raised by the assessee are as under: (1) because the notice captioned as "under section 158bd r.w.s. 158bc of the income-tax act, 1961" dated 30th march, 2005 is wholly illegal as there is no enabling provision (to issue such notice in chapter xiv b of the ..... act) and the block assessment order dated 28th march, 2006 captioned as "section 158bc r.w.s. i58bd of the income-tax act, 1961" passed thereunder is wholly illegal as being without jurisdiction. (2) because looking to the overall scheme of the ..... "block assessment" as envisaged in chapter xiv b of the "act," proceedings to make block assessment under section 158bd, have to be necessarily initiated by .....

Pawan Agarwal Vs. Dy. Cit (inv.)

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2004)87TTJLuck328

..... (supra) and material observations of their lordships are as 'under: "the officers mentioned in section 131(1) of the income tax act, 1961, viz., the income tax officer, appellate assistant commissioner, inspecting assistant commissioner, commissioner (appeals) and cit are conferred with the same powers as are vested in a court under the code of civil procedure, 1908, when trying a ..... are that for assessment year 1989-90, the assessee filed return showing total income at rs. 1,57,305'on 24-9-1990 and return was processed and intimation under section 143(1) (a) of the income tax act, 1961 (hereinafter referred to as the 'act'), was issued on 24-10-1990, the copy of which had also been ..... filed on record by the assessee accepting the total income. it is also on record that a search under section 132 of the .....