Judgment Search Results Home > Cases Phrase: income tax act 1961 section 237 refunds Sorted by: old Court: patna Page 13 of about 387 results (0.281 seconds)

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

Court : Patna

..... as 'regular assessment' has been held to be misconceived and not in consonance with the scheme of the act and the language of various sections dealing with 'regular assessment'. once the amount of advance tax is treated as payment of income-tax and dealt with as such in the assessment order, neither the amount which is retained and adjusted against ..... to pay the assessee interest on the refundable amount under s. 214(1a) of the act. for the purpose of this section, the amount of advance payment of tax and the amount of tax deducted at source must be treated as payment of income-tax pursuant to an order of assessment on and from the date when those amounts were set ..... gurusharan sharma, j. :the petitioner is a government company and an assessee under the it 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 asst. yr. 1977-78, a notice dt. 29th july, 1977 ( .....

Tata Iron and Steel Co. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Patna

..... statement of objects and reasons and the press note issued supported the plea of the petitioners. in particular, he refereed to the decisions, reported in : [1957]32itr615(sc) commissioner of income tax v. smt. sodra devi : 1988(36)elt201(sc) doypack systems pvt. ltd. v. union of india : 1988crilj855 c.d. shang v. s.d. baijal : air1991sc672 ..... of the decision of the supreme court, the madhya pradesh high court struck down section 23 of the madhya pradesh act. on september 11, 1961 the parliament enacted the act in question, which received the assent of the president on the same day. the act purported to validate the imposition and collection of cesses on sugar cane under ten different ..... had been struck down by the supreme court as unconstitutional in diamond sugar mills ltd. v. u.p. : [1961]3scr242 . the madhya pradesh as well as the uttar pradesh act authorised the respective state governments to impose a cess on the entry of cane in the premises of factory for use, consumption or sale. it .....

Deputy Commissioner of Vs. Bihar State Leather Development

Court : Income Tax Appellate Tribunal ITAT Patna

..... that the penalty should be restored.5. the ld. counsel for the assessee, on the other hand, submitted that, no doubt, the income-tax act, 1961, was a self-contained code, but in the second proviso below section 44ab of the income-tax act, 1961, there was a recognition of audit under any other law. it was provided that where the assessee has to get his accounts audited ..... -company was rs. 1,69,52,507. since it exceeded rs. 40 lacs, there was a mandatory requirement to obtain an audit report, as prescribed under section 44ab of the income-tax act, 1961. in absence of such a report, a notice was issued to show cause why penalty should not be levied under section 271b of the ..... , we fail to see why one could have appointed for internal audit, we fail to see why one could not be appointed for an audit under section 44ab of the income-tax act, 1961. we, therefore, agree with the ld. d. r. that absence of appointment of an auditor under section 619 (2) of the companies .....

Bihar Alloy Steels Ltd. and anr. Vs. State of Bihar and ors.

Court : Patna

..... rules and consequent registration thereof cannot fasten liability upon it to pay electricity duty to the state government.19. it appears that in relation to bihar sales tax act, 1959 and bihar finance act, 1981, though the provisions are not identical, but to some extent similar, the supreme court had occasion to consider this question in the case of ..... in restaurant located in a hotel in which lodging and means are provied to residents is sale and taxable as such under the provisions of bengal finance (sales tax) act, 1941. it was laid down that the supply of meals was essential in the nature of service provided and could not be treated as a section of sale ..... does not affect the competence of the state legislature to make a provision like sub-section (3) section 5 of the act, nor does it become a tax on his income. it is, no doubt, true that sales tax is, according to the accepted notion intended to be passed on to the buyer and provision authorising and regulating the collection of .....

Padam Kumar JaIn Vs. Commissioner of Income-tax

Court : Patna

..... the facts and in the circumstances of the case, the imposition of penalty of rs. 11,352 under section 271(1)(c) of the income-tax act, 1961, for the assessment year 1967-68 is legal and valid ?'2. as to how the reference has been called for we may note a few facts from the statement of ..... d.p. wadhwa, c.j.1. on an application filed under section 256(2) of the income-tax act, 1961, by the assessee, a bench of this court directed the tribunal to draft a statement of the case and refer the following question of law for a decision :'whether, on ..... assessee also brought up a draft statement of case for the benefit of the appellate tribunal. after setting out the order of the income-tax appellate tribunal imposing penalty under section 271(1)(c) of the act and the confirmation of the same by the appellate assistant commissioner, the assessee before stating the questions said as under : 'on further appeal to the tribunal .....

Uday Mistanna Bhandar and Complex Vs. Commissioner of Income Tax and o ...

Court : Patna

..... the it act, 1961 (for short, 'the act'). these sections were inserted by the direct tax laws (amendment) act, 1987, w. e. f. 1st april, 1989. a bench of this court in ranchi club ltd. vs . cit : [1996]217itr72(patna) , while interpreting ss. 234a and 234b of the act, held that interest under these sections should not be charged on excess tax as per income determined ..... asst. yr. 1994-95 [cwjc no. 3609 of 1995 (r)], the operative portions of the orders read as under :'assessed under s. 143(3) of the it act, 1961, on total income of (as determined in each case). issue demand notice, challan and copy of order and charge interest, if any.'in the demand notices interest has been charged under ..... purpose of enabling the assessee to pay the interest payable by him along with the self-assessment tax to be paid under s. 140a of the act, expln. 4 has been inserted to give a different meaning to the word 'tax' on the total income as determined under sub-s. (1) of s. 143 or on regular assessment. the .....

Sushil Kumar Modi and ors. Vs. State of Bihar and ors.

Court : Patna

..... cases already instituted shall remain suspended in the meantime.i would also direct the income-tax department through the chief commissioner of income-tax, bihar to initiate such action as may be considered fit, necessary and expedient under the income-tax act. wealth-tax act etc. against persons whom he reasonably, thinks to be involved in the ..... 'scam' and possess unaccountable wealth and property, and taken the proceedings to their logical conclusions.the state government shall provide all necessary facilities to both the c.b.i. and the income-tax department in ..... their submission highlighted that the officers of the animal husbandry department against whom serious corruption charges were levelled, whose houses were raided by the income-tax department and unaccounted property worth crores of rupees was recovered, far from being punished were rewarded in various ways. some of them were .....

Ashis Mukerji Vs. Union of India and ors.

Court : Patna

..... from the date of sanction of plans by the patna regional development authority and permission by the income-tax authorities in form no. 37-i as prescribed under r. 48l of the it rules per requirement of s. 269uc of the act.the agreement runs into numerous details but it would suffice for our purpose if we cull out ..... the property at rajendra path, patna, by the central government in exercise of the power vested with the appropriate authority under sub-s. (1) of s. 269ue of the it act, 1961, and order issued vide no. aa/rp-91/94-95/1923, dt. 23rd feb., 1995, by the appropriate authority, lucknow, the possession of 60% of the said ..... petitioner, the owner of certain property, seeks to challenge the order dt. 22nd feb., 1995, of the appropriate authority passed under s. 269ud(1) of the it act, 1961 (for short, 'the act'), under which the property of the petitioner was ordered to be acquired by the central government and subsequently possession was taken over.2. before we examine the provisions .....

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 .....

income-tax Officer Vs. Sandeep Narang and Vice Versa

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1982)1ITD36(Pat.)

..... to the benefits of the partnership in vidya sagar & co., dhanbad. the assessee disclosed the income of rs. 44,467 but deducted the same amount indicating that the amount was taxable under section 64(1) (iii) of the income-tax act, 1961 ("the act"), in the hands of his guardian.therefore, the nil return was filed. the ito allowed ..... several opportunities to the assessee to indicate whether the income has been disclosed in the hands of the guardians and, if so, where they are ..... was not in conformity with section 246 of the act and, therefore, the aac was not justified in annulling the assessment.the second objection of the departmental representative was that the minor had income from vidya sagar & co. the income earned by the minor was to be subjected to tax, but, however, that was assessable in the .....