Court : Patna
..... bench, referred to this court the following questions of law for the assessment years 1976-77 and 1977-78 for its opinion under section 256(2) of the income-tax act, 1961 (hereinafter referred to as the 'act') : '1. whether the finding of the tribunal that a government servant, having taken house building loan from the government, cannot provide the same as loan to his ..... that for the assessment for the years 1976-77 and 1977-78, the assessee filed his return of income as individual under section 143(1) of the act showing his income only from his salary. the commissioner of income-tax issued notice under section 263(1) of the act to the assessee, as according to him, the assessment of the hindu undivided family for the assessment .....
Tag this Judgment!Court : Patna
..... for the month of march, 95 and november, 95 clearly establish that husband's monthly income was rs. 11, 000/- per month. this was his gross income per month and after deduction of rs. 4, 062/- per month as income tax deposit, gpf and lic etc. the net income comes to the tune of rs. 6, 938/-.18. in the case of chandrikaben ..... for her support must also depend on and vary with the status and station of the husband. it is further held that the expression 'income sufficient for her support' in section 24 of the act would not only such amount as would be sufficient for the wife to take out her existence at the subsistence level, but would cover ..... wife of the respondent-husband.13. in the case of durga pada banerjee (supra), a learned single judge of this court, interpreting the provisions of section 24 of the act, has opined that the word 'maintenance' means any amount which may be sufficient for subsistence and reasonable living of the party concerned. provisions of section 24, according to this .....
Tag this Judgment!Court : Patna
..... of an object of general public utility and did not involve the carrying on of any activity for profit within the meaning of section 2(15) of the income-tax act, 1961, because whatever activity was carried on by the assessee in fulfilment of the primary purpose was for advancement of an object of general public utility and not for ..... the facts and in the circumstances of the case, the tribunal was right in holding that the assessee was not a charitable trust the income of which was exempt from tax under section 11 of the income-tax act, 1961 ? 2. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the sale proceeds ..... d.p. wadhwa, c.j.1. at the instance of the assessee, the income- tax appellate tribunal, patna bench, under section 256(1) of the income-tax act, 1961 (for short 'the act'), has referred to this court the following questions said to be questions of law and arising out of a composite order of the appellate tribunal for .....
Tag this Judgment!Court : Patna
..... 14.1.1969 between the plaintiff's husband and one sri lalit sen gupta, who was supervising the construction, exhibit 2 is the order of assessment of income tax of the plaintiff wherein the claims of expenditure towards construction of the cinema building right from the financial year 1968-69 have been dealt with. exhibit 3 to ..... under the provisions of section 11 of the act, he rendered himself liable for eviction and, therefore, the trial court has rightly decreed the suit.14. admittedly the respondent is the landlady and she leased out ..... completing construction of the cinema hall and for carrying on business by giving public exhibition of cinema and all other business and, as such the provisions of the act were applicable. it was further contended that since the defendant committed default in payment of rent for two consecutive months, i.e., september and october, 1983, .....
Tag this Judgment!Court : Patna
..... for purchase by central government of immovable properties in certain cases of transfer. with a view to achieve early finalisation of proceedings under the existing chapter xx-a of the income-tax act, 1961, the board has decided that with effect from 1st april, 1986, acquisition proceedings under section 269c will not be initiated in respect of an immovable property for which the apparent ..... connected appeals are directed against the order dated september 26, 1980, of the appellate tribunal passed under section 269g of the income-tax act, 1961 (for short, 'the act'), setting aside the order, passed by the competent authority under section 269f of the act by which order the competent authority directed acquisition of property consisting of 17.85 kathas of land and building bearing house no .....
Tag this Judgment!Court : Patna
..... of transfer with the object of facilitating the reduction or evasion of the liability of the transferor to pay tax under the act in respect of any income arising from the transfer or facilitating the concealment of any income or any moneys or other assets which have not been or which ought to be disclosed by the transferee ..... are directed against the order dt. 26th september, 1980, of the tribunal passed under s. 269g of the it act, 1961 (for short, 'the act'), setting aside the order, passed by the competent authority under s. 269f of the act by which order the competent authority directed acquisition of property consisting of 17.85 kathas of land and building ..... by central government of immovable properties in certain cases of transfer.with a view to achieve early finalisation of proceedings under the existing chapter xx-a of the it act, 1961, the board has decided that w.e.f. 1st april, 1986, acquisition proceedings under s. 269c will not be initiated in respect of an immovable property .....
Tag this Judgment!Court : Patna
..... more than 5000 mt respectively. (v)the intending or prospective buyers shall submit some form of identification in the form of registration certificate such as sales-tax, income-tax, shops and establishments act, etc. to (sic) their genuineness to minimise sale in fake names. preference may be given for sale of foodgrains to state civil supplies corporations under ..... surrounded by it. the location of headquarters by the government by the issue of the final notification under sub-section (5) of section 3 of the act was on a consideration by the cabinet sub-committee of the proposals submitted by the collectors concerned and the objections and suggestions received from the local authorities ..... for the purpose of these cases as laid down in the policy are quoted herein below. 'a. general (i) food grain stocks conforming to standards of ppa act only be issued under this scheme. (ii) imported food grain stocks must be given top priority for liquidation. (iii) sale of food grains under this scheme .....
Tag this Judgment!Court : Patna
..... special court (economic offences) taking cognizance under section 276cc of the income-tax act, 1961, (hereinafter referred to as the act), should be quashed in the exercise of inherent powers of this court 2. the complaint (annexure-1) filed by the income-tax officer alleged that the petitioner-hindu undivided family is an assessee under the income-tax act and through its karta, the petitioner. the petitioner filed the return ..... of income for the assessment year 1988-89 on march 26, 1990, although the due date for filing the return .....
Tag this Judgment!Court : Patna
..... filed for quashing the prosecution of the petitioners under section 276c of the income-tax act, 1961 (hereinafter to be referred to as "the act"), on the sole ground that a sum of rs. 78,735 shown by the assessee in the return of income towards cash credit account was treated as concealed income and a sum of rs. 78,735 was accordingly added towards the taxable ..... income of the assessee.today a supplementary affidavit has been filed in which the order .....
Tag this Judgment!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 .....
Tag this Judgment!