Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: income tax appellate tribunal itat lucknow Page 9 of about 81 results (0.067 seconds)

Janki Prasad Garden Enclave (P) Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2005)92ITD47Luck

..... the assessing officer were beyond the scope of reassessment. it was also pleaded that for assuming jurisdiction under section 147 of the act, there should be cogent material for formation of belief that income chargeable to tax has escaped assessment. in the instant case, though there is no material except the valuation report, it is almost settled law ..... rs. 25,000. in this year, the order was made under section 143(1)(a) of the act. as per section 149 of the act, the notice beyond a period of four years could be issued if the income chargeable to tax has escaped assessment amounts to rs. 25,000. thus, even in this year the assumption of jurisdiction ..... a number of years including the assessment years in question before us, the assessing officer felt that the income chargeable to tax in these years have escaped assessment. the assessing officer, therefore, issued the notices under section 148 of the act on 30-5-2001 for all the years after recording the following reasons : "in the course of .....

Janki Prasad Garden Enclave (P) Vs. the Acit, Range 1

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2005)92ITD37Luck

..... the a.o. were beyond the scope of re-assessment. it was also pleaded that for assuming jurisdiction under section 147 of the act, there should be cogent material for formation of belief that income chargeable to tax has escaped assessment. in the instant case, though there is no material except the valuation report, it is almost settled law that ..... exceed rs. 25,000/-. in this year, the order was made under section 143(1)(a) of the act as per section 149 of the act, the notice beyond a period of fours could be issued if the income chargeable to tax has escaped assessment amounts to rs. 25,000/-. thus, even in this year the assumption of jurisdiction under section ..... a number of years including, the assessment years in question before us, the a.o. felt that the income chargeable to tax in these years have escaped assessment. the a.o., therefore, issued the notices under section 148 of the act on 30.5.01 for all the years after recording the following reasons: "in the course of assessment .....

Tahreem Electricals (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)112TTJLuck586

..... , the dispute relates to as to whether the assessee is entitled to deductions under section 80hh and 80-1 of the it act, 1961.the brief facts relating to this issue are that the assessee-company enjoys income from repair of transformers of u.p. state electricity board (hereinafter referred to as "upseb"). the ao framed the assessment ..... shukla, learned counsel for the assessee, submitted that in similar set of facts, tribunal, amritsar bench, in the case of saraf electricals (p) ltd. v. asstt. cit (2004) 89 ttj (asi) 761, held that process involved in manufacturing of new transformers and repairing the old transformers undisputably being the same involving the use of same ..... in this behalf it would be appropriate to notice the following observations of the apex court in radhasoami satsang v. cit : we are aware of the fact that, strictly speaking, res judicata does not apply to income-tax proceedings. again, each assessment year being a unit, what is decided in one year may not apply in the .....

Shri Abhay Pratap Singh Sengar Vs. the Ito 4(3)

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... his contention, the assessee has relied on various case laws particularly on the decision of the itat bangalore bench in the case of ram sagar chaudhari v. third income-tax officer 31 itd 21, wherein it has been held that the requirement of section 6(6)(a) is not that the assessee should be a non-resident in ..... as against resident but not ordinarily resident'.3. brief facts of the case are that assessee tiled his return of income declaring total income at nil. the assessee had claimed income to be exempt under section 5(1) of the act. the assessee was serving in merchant marinar in the rank of chief officer and driving salary in foreign currency from ..... assessment year under consideration the assessee had been in india exceeding 182 days. therefore, his residential status was taken as resident as per section 6(1)(a) of the act. in order to determine the status whether he was 'resident and ordinarily resident' or 'resident but not ordinarily resident' he noted that he had been resident in .....

Smt. Neelam Gupta Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)110TTJLuck714

..... to the effect that they had not made any gift to the assessee. therefore, the ao made addition of rs. 1,50,000 under section 69 of the it act, 1961. on appeal, the cit(a) deleted the addition observing as under: 5. i have carefully considered the reply given by the appellant and perused the assessment order. this is undisputed fact that ..... ), the ao initiated action under section 148 for asst. yr. 1997-98. according to him, action is permissible under section 150(1) of the it act, 1961. in view of the above, learned cit(a) held that the assessment order framed by the ao on 13th march, 2006 was within time.7. now the assessee is in second appeal before this bench of ..... counsel for the assessee also submitted that in view of the provisions of section 150(2) of the it act, 1961 also, the reassessment proceedings are time barred by limitation. it is seen that the appeal for asst. yr. 1998-99 has been passed by the cit(a) on 10th june, 2004 and as per law, no reassessment for asst. yr. 1997-98 .....

Satnam Singh Chhabra Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... the books of account, agreements/deeds and any other evidence and after examining the concerned parties and confronting the assessee to their statements and report of the income-tax inspector, etc. it would be wrong to make interpretation of the jottings in the seized diary in complete isolation of other material evidence etc. such interpretation ..... was that the document was found in the possession of the assessee and there was presumption under sub-section (4a) of section 38 (sic-132) of it act, according to which it shall be presumed that the books of account or article found in possession of the assessee belonged to him.the learned senior departmental ..... in view of the provisions contained under section 158bb, the loose paper found with the assessee was a document. according to him, even under evidence act and general clauses act, the loose paper is covered within the definition of 'document'. the learned senior departmental representative also pleaded that in view of the statement of the .....

Smt. Brij Bala Chaudhary Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2003)87ITD173Luck

..... considered by the hon'ble supreme court of india in the case of cit v. suresh chandra mittal (2001) 251 itr 9 (sc). in that case, the assessee had originally filed return showing meagre income.as the action under s, 132 of the it act, 1961, was taken against the assessee and thereafter a notice under section 148 was ..... assets, the assessee preferred to surrender rs. 35,000 for addition under section 68 of the it act, 1961, due to unexplained cash credit in the capital account of the assessee. the addition of rs. 5,000 was also made as income from other sources.accordingly, addition of rs. 35,000 was made by the it'o. while ..... served on him, he filed revised returns showing higher income. eventually, assessment orders were passed and the returns submitted regularized under section 148 .....

Singhania Polyester (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2005)96TTJLuck614

..... of the provisions contained in explanation to sub-section (2) of section 158ba of the it act, 1961, it is necessary that the aggregate income computed in a block assessment should be a positive income, so as to attract levy of tax under section 113 of the it act, 1961, on the amount of undisclosed income determined in that block assessment 30. a perusal of the above shall reveal, the ..... current year's unabsorbed depreciation as 'loss' for the purpose of computation of undisclosed income under section 158bb of the it act, 1961 (2) whether block assessment can be framed where aggregated total income (including undisclosed income) determined under section 158bc for each assessment year and assessed/returned income is loss and whether tax under section 113 can be charged on the difference between the loss determined under .....

Smt. Bitoli Devi Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)110TTJLuck735

..... could not be said that the assessee had concealed the particulars of his income so as to attract clause (c) of section 271(1) of the it act, 1961. in the instant case, the assessee applied a different net profit rate and the ao and cit(a) adopted different estimates and, therefore, it could not be said ..... that the assessee had concealed the particulars of his income so as to attract penalty under section 158bfa(2) of the it act, 1961. the decisions relied upon by learned departmental representative are distinguishable ..... , senior departmental representative submitted that the addition in the income of the assessee has been confirmed upto the tribunal level therefore, the ao was fully justified in levying the penalty under section 158bfa(2) of the it act, 1961. he also relied on the following decisions: (iii) addl. cit v. lakshmi industries & cold storage co. ltd. .....

Abhay Pratap Singh Sengar Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)108ITD8Luck

..... who hitherto was to be assessed as 'resident but not ordinarily resident' will be assessed as 'resident and ordinarily resident' thereby increasing his scope of total income and consequently tax liability) or to impose new burdens or to impair existing obligations. in the words of lord blanesburg, "provisions which touch a right in existence at the ..... 'resident but not ordinarily resident'.3. brief facts of the case are that assessee filed his return of income declaring total income at nil. the assessee had claimed income to be exempt under section 5(1) of the act. the assessee was serving in merchant marinar in the rank of chief officer and deriving salary in foreign ..... under consideration the assessee had been in india exceeding 182 days. therefore, his residential status was taken as resident as per section 6(1)(a) of the act. in order to determine the status whether he was 'resident and ordinarily resident' or 'resident but not ordinarily resident' he noted that he had been resident .....