Court : Patna
..... rai, j. 1. the assessee-appellant has filed this appeal under section 260a of the income tax act, 1961 (hereinafter referred to as the act) against the decision dated 21.12.2000 passed in i.t.a. no. (ss) 25 (pat)/1998 by the income tax appellate tribunal, patna bench, patna by which the tribunal has upheld with modification the order ..... dated 28th january, 1998 passed by the assessing officer, (assistant commissioner of income tax), patna under section 158bc of the act making assessment for the block period 1987-88 to 1997-98 (up to 27.11.1996).2. the factual matrix for disposal of the ..... from the end of the month in which last authorisation for search was executed. he further submitted that the concerned authority, namely, the deputy director of income tax on the basis of the materials available and after being satisfied that there were sufficient reasons ordered for authorisation for search and seizure. the appellant did .....
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..... [1970]77itr107(sc) is not an authority for the proposition of interpretation of the provisions contained in section 271(1)(a), visa-vis, section 271(1)(c) of the income-tax act, 1961. 13. further, as noticed hereinbefore, in onkar saran's case : [1992]195itr1(sc) , the point at issue has specifically been dealt with and this court is bound ..... in section 297(2)(g) of the act made the aforementioned observations. it is now well known that a decision is an authority for what it ..... with regard to the interpretation of section 271(1)(c) of the income-tax act. in the aforementione'd case, the supreme court was considering a matter relating to the assessment year 1962-63, i.e., prior to the coming into force of the income-tax act, 1961. the supreme court while considering the repeal and savings clause as contained .....
Tag this Judgment!Court : Patna
..... s.k. homchaudhuri, j. 1. in this case, pursuant to the direction of this court under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the learned income-tax appellate tribunal (patna bench), patna, referred the following questions, framed by this court, for opinion : '(i) whether, on the facts and in ..... behalf of the revenue, mr. vidyarthi urged the following points : (i) the hindu undivided family properties have not been defined either in the income-tax act or the wealth-tax act and has to be understood in its common parlance.(ii) the hindu undivided family is not a creature of contract and accordingly even if the existence ..... govind dutta was assessable in the hands of the hindu undivided family consisting of the assessee and her two daughters. the income-tax department thereafter filed an application under section 256(1) of the act for referring the questions of law framed by the department to this court for opinion. the tribunal, by order dated .....
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..... total income of rs, 2,29,230. the income was assessed under section 143(1) at the total income of rs. 2,29,230 by the assessing officer vide his order dated march ..... 19, 1991. it is alleged that the petitioner had wilfully attempted to evade tax by furnishing inaccurate particulars of income and making false verification in the return of income. thus, the petitioner made himself liable to be prosecuted under sections 276c and 277 of the income-tax act, 1961. 5. the complaint was filed on march 13, 1992. during the ..... complaint case no. 166 of 1992 under sections 276c and 277 of the income-tax act. 3. a complaint was filed by the union of india against the petitioner stating that the petitioner is an assessee within the meaning of section 2(7) of the income-tax act, 1961. the petitioner filed a return on november 30, 1988, declaring a .....
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..... . it has been held in the case of dunlop india ltd. v. arun chandra sinha : [1995]211itr79(cal) , that proceedings under section 277 of the income-tax act cannot be initiated against a company because imprisonment is a compulsory punishment for an offence under that section and a company cannot be sent to prison nor is it open ..... ground that petitioner no. 1 is a firm and it cannot be punished with sentence of imprisonment as provided under the income-tax act under those sections. it was further asserted that as the firm cannot be prosecuted and sentenced, petitioners nos. 2 and 3 who are partners of petitioner no. ..... order was upheld up to the appellate stage. the complaint had been filed against the petitioners for committing offences punishable under sections 276c and 277 of the income-tax act and section 420 of the indian penal code. an application was filed on behalf of the petitioners before the learned trial court for discharging them on the .....
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..... follows: it was not open to the income-tax officer to go into the true scope of the relevant provisions of the act in a proceeding under section 154 of the income-tax act, 1961. a mistake apparent on the record must be an obvious and patent mistake and not something which can be established ..... the assessee and the same cannot be rectified by the assessing officer in exercise of the power under section 154 of the income tax act, hereinafter referred to as the act. the tribunal on appraisal of the material came to the following conclusion: after hearing the contentions, facts and materials on record, we are of the opinion that the ..... but such kind of a mistake cannot be rectified in exercise of the power under section 154 of the act. in support of the submission, he has placed reliance on a judgment of the supreme court in the case of t.s. balaram, income tax officer, v. volkart brothers and ors. : [1971]82itr50(sc) in which it has been held as .....
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..... (2) of section 43a, it rejected the claim as regards investment allowance. later, pursuant to the order of this court under section 256(2) of the income-tax act, 1961, it referred the aforequoted questions for its opinion,3. it would thus appear that though the tribunal apparently accepted the assessee's contention that as a result of ..... the following questions to this court for opinion under section 256(2) of the income-tax act, 1961 : '1. whether, on the facts and in the circumstances of the case, the tribunal was right in law in not allowing investment allowance under section 32a of the income-tax act, 1961, on the sum of rs. 25,00,495 representing the increase in the ..... actual cost (on account) of changes in the rates of exchange under section 43a of the act ?2. whether, on the facts and in the circumstances of the case, .....
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..... entire records has to be delivered to the official liquidator so that he may discharge his obligations under the companies act. the obligation of the company under different statutes, such as the income-tax act has also to be discharged and being the liquidator of the company, the official liquidator has to discharge those obligations ..... can he get the accounts audited nor discharge his obligations under various statutes, such as, the income-tax act. he pointed out in this connection that neither income-tax returns have been filed for the intervening periods nor the municipal taxes have been paid to the patna municipal corporation endangering the interests of all creditors, shareholders, etc ..... said committee, subject to directions of this court, as may be issued from time to time. the committee shall submit quarterly statements of accounts of income to this court. at the first instance, the first statement shall cover the period up to march 31, 1998, the subsequent statements will cover the .....
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..... facts and circumstances of this case, the tribunal was right in holding that the sum of rs. 2,20,000 was the income of the assessee assessable to tax under the provisions of the income-tax act ?"the original assessee was maharaja pratap udai nath sah deo, the holder of an impartible estate. by an indenture of lease dated the 22nd january ..... the following decisions :province of bihar v. maharaja pratap udai nath sahi deo kamakshya narain singh v. commissioner of income-tax, member for the board of agricultural income-tax v. sindhurani chaudhurani, chintamani saran nath sah deo v. commissioner of income-tax and commissioner of income-tax v. panbari tea co. ltd.the principle of law laid down by a special bench of this court in maharaja ..... g. n. prasad, j. - under section 66(1) of the income-tax act, 1922, the appellate tribunal, patna bench, has drawn up a statement of the case and formulated the following question of law for determination by the high court :"whether, on the .....
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..... arguments that the compensation payable to a workman under the scheme of voluntary retirement, was not exigible to income-tax and the compensation amount was not covered by the definition of income within the meaning of the income-tax act. mr. alok kumar sinha submitted that the compensation paid to the workman was in lieu of his ..... significant to note that in each of the modes for calculation of compensation it was clearly and expressly stated that the income-tax payable, if any, will be deducted at source as required under the income-tax act/rules currently in force.4. four workmen, out of whom three are respondent no. 2 in each of these ..... payable to them, certain amounts were deducted by the petitioner-company at source as income-tax payable under the income-tax act/rules currently in force.5. the four concerned workmen then filed petitions under section 33c(3) of the industrial disputes act which were registered before the labour court, bhagalpur as miscellaneous cases nos. 9 and .....
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