Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Sorted by: old Court: patna Page 1 of about 387 results (0.100 seconds)

Deep Narayan Gupta Vs. Central Board of Direct Taxes and ors.

Court : Patna

..... rejected the prayer of the petitioner for condonation of the delay in filing the application under section 119(2) of the income-tax act, 1961 (hereinafter referred to as 'the act') for refund. 3. the matter relates to the assessment years 1993-94 and 1994-95. admittedly, the petitioner had not filed the returns within the statutory period and ..... this court does not sit as an appellate forum over the decision of the authority in exercise of the writ jurisdiction. it can interfere only when the authority has acted wrongly in the decision-making process or the order is such which cannot be supported by reasons and similar other grounds. that is not a case here. the board ..... is one year from the last day of such assessment year. admittedly, the application for refund has not been filed within time. section 119(2)(b) of the act empowers the board to extend the period for filing an application for refund in case of genuine hardship. the board has issued circulars from time to time laying down .....

Maharaja Chintamani Saran Nath Sah Deo Vs. the Commissioner of Income- ...

Court : Patna

..... 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 .....

Sayedabad Tea Co. Ltd. Vs. State of Bihar

Court : Patna

Reported in : AIR1969Pat165; 1969(17)BLJR912

..... to the inevitable corollaries of that state of affairs."3. learned counsel for the respondent drew our attention to another decision of the supreme court in commissioner of income tax, delhi v. s. teja singh, air 1959 sc 352 where it was pointed out that it is a rule of interpretation well settled that in construing the ..... in the high court against the judgment and decrees passed in the aforesaid three land acquisition cases. thereafter, the bihar and west bengal (transfer of territories) act 1956 (act xl of 1956) was passed by the parliament by virtue of which the portion of purnea district where the acquired lands are wholly situated, was transferred to ..... would follow. hence, learned counsel for the respondent submitted that the court below was right in giving effect to the deeming provision made under section 47 of the act. such deeming provision, as made here, has been the subject matter of judicial interpretation in many cases. learned counsel referred to the decision of the supreme .....

Jamshedpur Cement Ltd., a Company Registered Under the Indian Companie ...

Court : Patna

Reported in : 2009(57)BLJR2248

..... 16. i cannot do better to quote the words of chief justice chagla, as noted in the case of all india groundnut syndicate ltd v. commissioner of income tax, bombay city since reported in : [1954]25itr90(bom) :but the most surprising contention is put forward by the department that because their own officer failed ..... 2007. petitioner undisputedly made application with requisite amount within that period. therefore, his application was within the time. now it was for respondent- bicico to act and communicate the figure on which the payment schedule was dependent but for some undisclosed internal problem it has failed to communicate the final figure, nor did ..... term loan from bihar state credit and investment corporation limited (hereinafter referred to 'as bicico'). bicico is a financial corporation established under the state financial corporation act, 1951.2. petitioner no. 1 had set up a mini cement plant with the finance made available at jamshedpur. for various reasons, the plant could not .....

Nathmal Jalan Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1983)6ITD275(Pat.)

..... finding contained in the order passed by my learned brother in para 23 thereof.1. the following question has been assigned by the president under section 24(11) of the act read with section 255(4) of the income-tax act, 1961: whether, on the facts and in the circumstances of the case, the exemption under section 5(1)(iva) of the wealth ..... -tax act, 1957 was allowable 2. the assessee purchased .19 acre of orchard land in 1970. the land was situated in digha, patna. according to the assessee, the value of land for ..... )(iva) of the wealth-tax act.4. the assessee is said to have purchased 9.19 acre, i.e., 6 kathas of land sometime during 1970. there are said to be about a dozen trees there in the said plot. the value of the said plot of land was reflected by the assessee in his return of income in the following manner: assessment .....

M.E. Jalil Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1984)9ITD310(Pat.)

..... the business. the share of the partner is business income in his hands for the purpose of section 10(1) of the indian income-tax act, 1922, and being business income, expenditure necessary for the purpose of earning that income and appropriate allowances are deductible therefrom in determining the taxable income of the partner. held, accordingly, that the respondent, ..... his share of the profits of the firm the expenses so incurred. in the book of the learned authors kanga and palkhivala's law and practice of income-tax, 7th edition, volume 1, it is mentioned as under: deductions allowable to partner from his share of profits of firm--normal expenses of the firm, ..... both the sides. the cases of tipperary estates co. (supra) and moulvic estate (supra), pertained to agricultural income-tax, where salary paid to a partner was allowed as an expenditure while working out the agricultural income. these two cases are not relevant to the facts here. in the case of jugal kishore baldeo sahai (supra .....

income-tax Officer Vs. Devanand Singh Jogendra Singh

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1984)10ITD81(Pat.)

..... department is against the order of the commissioner (appeals) reducing the quantum of penalty levied by the ito for concealment under section 271(1)(c) of the income-tax act, 1961 ('the act'). the assessee is a contractor. he declared receipts of only rs. 5,95,461. the ito made direct enquiries from the office of the paying authority ..... order of the ito/commissioner (appeals) that the assessee suppressed the receipts purposely to evade the payment of proper taxes. the assessee not only suppressed the receipts in the account books produced before the income-tax authorities but also managed to obtain wrong certificates from a.i.r.it was a clear case of concealment and ..... of materials supplied according to the decision of the supreme court in brij bhushan lal parduman kumar v. cit [1978] 115 itr 524. as the ito while levying the penalty had taken into account the total income finally confirmed which included the profit even on the materials supplied, the commissioner (appeals) while dealing with .....

income-tax Officer Vs. Bibhuti Mishra

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1985)13ITD158(Pat.)

1. this is a departmental appeal against the order of the aac cancelling the levy of penalty under section 271(1)(c) of the income-tax act, 1961 ('the act'), for alleged concealment. the ito levied the penalty under section 271(1)(c) on shri bibhuti mishra, who died on 4-4-1981 and the penalty order ..... continue with the proceedings and pass orders and necessarily invalidates the proceedings and the orders passed therein. if the estate of a deceased assessee is to be assessed to income-tax, the estate must be fully represented by impleading all the legal representatives and serving notices under section 143(2) on all of them who represent the entire estate. ..... had to be included in his return, precludes a finding that he had deliberately concealed that income or furnished inaccurate particulars of his income as a result of fraud or gross or willful neglect. the imposition of penalty under section 271(1)(c) of the act, in such circumstances, would not be valid. (p. 391) it was, thus, argued .....

Major Birendra Singh Negi Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1985)13ITD369(Pat.)

..... whether the salary paid by the assessee to his manager, who happens also to be his wife, could be added under section 64(1)(ii) of the income-tax act, 1961 ('the act') to the income of the assessee or the said salary is excludible from such inclusion under the proviso to the said section. the case of the assessee was that his wife ..... to be his wife.5. shri k.n. jain replied that each assessment year is separate and self-contained and the principle of estoppel does not apply to the income-tax proceedings. he stated that the assessee was not able to get a qualified and experienced person as manager for any smaller salary and so he was forced to appoint ..... was acting as the manager of the indane business while the assessee was looking after the work relating to the bank, attending other office work and the matters generally .....

Chotanagpur Diocesan Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1986)19ITD175(Pat.)

..... the earlier year. there is no dispute about the fact that the assessee is a trust whose income is exempt under section 11 of the income-tax act, 1961 ('the act') provided it spends at least 75 per cent of its income for the charitable purposes in india. the case of the assessee before the ito was that it had spent a sum of rs. 75 ..... ,500 during the previous year under consideration in which its income was rs. 74,748 and, consequently it ..... exemption under section 11. deducting 25 per cent of rs. 74,748 as the permissible amount which could be accumulated, the ito arrived at a taxable income of rs. 56,060 which he brought to tax.3. the assessee appealed to the aac who, however, confirmed the action of the ito and dismissed the appeal of the assessee.4. shri b .....