Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Court: patna Page 3 of about 387 results (0.675 seconds)

Narsingh Ram Ashok Kumar Vs. Union of India (Uoi) and ors.

Court : Patna

..... 1. in this petition under articles 226 and 227 of the constitution, there is challenge to the constitutional validity of sections 269ss and 271d of the income-tax act, 1961 (for short 'the act'). these two sections may be set out as under : '269ss. mode of taking or accepting certain loans and deposits.--no person shall, after the ..... contained in section 269ss is confined to loans and deposits only and does not extend to purchase/sale transactions. 32.6 section 276dd inserted in the income-tax act by the finance act, provides that if a person, without reasonable cause or excuse, takes or accepts any loan or deposit in contravention of the aforesaid provisions, he ..... . 32.2 with a view to countering this device, which enables taxpayers to explain away unaccounted cash or unaccounted deposits, the finance act has inserted a new section 269ss in the income-tax act debarring persons from taking or accepting, after 30th june, 1984, from any other person any loan or deposit otherwise than by an .....

Commissioner of Income-tax Vs. Bishwanath Tulsyan

Court : Patna

..... a show-cause notice is a condition precedent before charging the interest under sections 139(8) and 217 of the income-tax act, 1961 ? 2. whether, on the facts and circumstances of the case, the tribunal is justified in deleting the interest charged by the income-tax officer ?' 2. the assessee was assessed in the status of an unregistered firm for the assessment year 1977- ..... 1. at the instance of the revenue under section 256(1) of the income-tax act, 1961 (for short, 'the act'), the appellate tribunal, patna bench, patna, has referred to this court the following questions for its opinion pertaining to the assessment year 1977-78 : ' 1. whether, on the facts ..... reason for the levy and the circumstances in which it is imposed, it is clear that interest is levied by way of compensation and not by way of penalty. the income-tax act makes a clear distinction between the levy of a penalty and other levies under that statute. interest is levied under sub-section (8) of section 139 and under section .....

Metallurgical and Engineering Consultants (India) Ltd. Vs. Commissione ...

Court : Patna

gurusharan sharma, j. 1. the petitioner is a government company and an assessee under the income-tax act, 1961 (hereinafter to be referred to as 'the act'), it is deriving income from imparting technical consultancy 'know-how' to its customers. after completion of the assessment for the assessment year 1977-78, a notice dated july 29, 1977 ( ..... the assessment year 1979-80 at rs. 2,69,79,430 (vide annexure-5) and deduction under sections 80mm and 80o of the act on gross receipts was disallowed. on appeal, the commissioner of income-tax (appeals) by a consolidated order dated march 2, 1981 (annexure-8), for the assessment years 1977-78 to 1979-80 directed the inspecting ..... the assessee and determine the same payable by the assessee or refundable to him on the basis of such assessment. section 144 of the act deals with the best judgment assessment and empowers the income-tax officer, in a case, where no return has been filed or where a return having been filed, a notice requiring the assessee .....

Kejriwal Bros. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)60ITD502(Pat.)

..... sacrosanct and final then the legislature would not have provided further hearing to be given to an assessee before penalising him by enacting section 274 in the income-tax act, 1961. if we go by the contents of the assessment order and the findings recorded therein we have to say that the assessing officer even at assessment stage ..... considering the circumstances of the case i impose a penalty of rs. 2,60,000 (two lacs sixty thousand) only under section 271(1)(c) of the income-tax act, 1961." the imposition of penalty was challenged by way of first appeal before the commissioner who, by a brief and cryptic order, confirmed the penalty. we reproduce the ..... to make statement under section 132(4) to get immunity from the penal provisions of the income-tax act. now he has simply changed his opinion for avoidance of payment of tax on the declared amount under section 132(4) of the income-tax act, 1961. in my opinion, the assessee is liable for penalty. penalty leviable is calculated as under .....

Shanti Complex Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)63ITD181(Pat.)

..... of such report/opinion of the dvo, the assessing officer was justified in making addition in terms of section 69 of the income-tax act, 1961 ?" 1. under sub-section (4) of section 2.55 of the income-tax act, 1961, the hon'ble president of the appellate tribunal has appointed me as a third member for my opinion in respect of the ..... question, then whether on the basis of such report/opinion of the dvo, the assessing officer was justified in making addition in terms of section 69 of the income-tax act, 1961 ?" 2. appeals were fixed for hearing and both sides heard in detail with the aid of the relevant case records.3. to be stated succinctly, the controversy ..... for obtaining such a report which is adverse to him and being used by the assessing officer for making addition under the deeming provisions of section 69 of income-tax act, 1961. these facts are mentioned at page 22 of the paper book filed in this appeal. the assessing officer has brushed aside the objections raised by the assessee .....

Ruhee Enterprises Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1996)56ITD544(Pat.)

..... not applicable. in durga prasad candy prasad's case (supra) the question was cancellation of registration under section 23(4) of the indian income-tax act, 1922 (corresponding to section 144 of the income-tax act, 1961). it was held that the cancellation was in the nature of a penalty and the penalty can be imposed even against a genuine firm ..... p. gramophone co. (supra) the assessment year concerned was assessment year 1961-62 and the question was granting of registration under section 26a of the indian income-tax act, 1922 (corresponding to section 185 of the income-tax act, 1961 partly).there was no provision in the act of 1922 for holding that the firm was not genuine in case one ..... & karimia talkies, both belonging to m/s. karimia trust. due to insertion of section 13(1)(bb) in the income-tax act, 1961, exemption granted to m/s. karimia trust under section 11 of the act was withdrawn since the trust was carrying cinema business which was not for its primary purpose. it was because of the .....

Shah Traders Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1996)56ITD33(Pat.)

..... penalties in such cases. we recommend that the present section 276 of the income-tax act, 1961, may be deleted from chapter xxii dealing with 'offences and prosecutions' and may be incorporated with suitable amendments in chapter xxi of the income-tax act, 1961, dealing with 'penalties imposable'. we may mention that a provision enabling ..... sections of the indian penal code should be incorporated in the income-tax law itself so that the income-tax act is made comprehensive enough to deal with such offences.... in this connection, we also considered the provisions of section 276 of the income-tax act, 1961, which prescribes only monetary fines for the offences specified therein ..... to rs. 10 for every day during which the default continued under section 276b of the act under "chapter xxii offences and prosecutions" of the income-tax act, 1961. the matter was considered by the direct taxes enquiry committee, commonly known as wanchoo commission, and a recommendation was made to delete the then .....

Patna Guinea House and ors. Vs. Commissioner of Income-tax and anr.

Court : Patna

..... , special court, economic offences, muzaffarpur, in complaint case no. 3 of 1991 (tr no. 2188 of 1991), whereby cognizance was taken of the alleged offences under section 276c of the income-tax act (hereinafter referred to as 'the act.'), and the petitioners were summoned to stand their trial. 2. according to the petition of complaint lodged by one lekha shrivastava, assistant commissioner of ..... income-tax, patna, the petitioners herein had, inter alia, disclosed a sum of rs. 52,000 in their returns, but had refused to disclose the source of income. therefore, penalty proceedings were initiated against them under section 271(1)(c) of the act and a penalty of rs. 14,367 was imposed on .....

Commissioner of Income-tax Vs. Bihar Alloy Steels Ltd.

Court : Patna

g.c. bharuka, j. 1. in this reference application, a statement of case had been called for by this court under section 256(2) of the income-tax act, 1961 (hereinafter to be referred to as 'the act' only), for examining the following questions of law, which relate to the assessment year 1972-73: '(1) whether, on the facts and in the circumstances of the case ..... from the guidelines laid down in the said brochure for ascertaining the true import and meaning of the word 'actual cost' for the purpose of section 10 of the indian income-tax act, 1922. in my opinion, this submission has got to be rejected for two reasons. firstly, the supreme court, in the case of. challapalli sugars ltd. : [1975]98itr167(sc) , has taken .....

Prem Kumar Keshri Vs. State of Bihar and ors.

Court : Patna

..... code of criminal procedure has been filed seeking quashing of the prosecution against the petitioner for the offences under sections 276c and 277 of the income-tax act, 1961 (for short 'the act').2. the complaint against the petitioner pertains to offences for the assessment year 1988-89 and was filed in january, 1993. on the same ..... be correct at least after the assessment order was passed incorporating the direction given by the commissioner of income-tax (appeals), while deciding the appeal.8. section 276c of the act deals with wilful attempt to evade tax and what it is has been mentioned in the explanation to section which though inclusive is as under ..... prosecution. in the appeal filed by the petitioner under the act, the commissioner of income-tax (appeals) while giving certain reliefs to the petitioner remitted the matter back to the income-tax officer for a fresh assessment in terms of the order in appeal. the commissioner of income-tax (appeals) found that the addition of rs. 20,000 .....