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Fourth Income-tax Officer Vs. Karimia Trust

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1993)45ITD63(Pat.)

..... the assessee. such differential amount would normally arise in the case of income from business because the income has to be computed for the purpose of assessment under the income-tax act which allows deductions from income only as per the provisions of the income-tax act irrespective of the accounting principles governing the profits disclosed as per the books of account and ..... act of 1961 as far as the right of appeal against the validity of ex parte assessment is concerned. under the act of 1922, the aggrieved assessee had the remedy to file petition under section 27. in the same ..... to challenge it by filing petition under section 146. my learned brother has also stated that there is change in the appellate procedure under the act of 1961 as compared to the act of 1922 in this connection. in my opinion there is absolutely no change in the appellate procedure brought about by the .....

Ahmad Ali Akhtar and anr. Vs. Union of India (Uoi) and anr.

Court : Patna

..... by the high court in an application for a writ of certiorari reference may be made in this connection to the decision in ms. raza textiles ltd., rampur v. the income tax officer, rampur : [1973]87itr539(sc) .13.4. however, even if it can be termed as 'jurisdictional' fact, it is a matter for the tribunal, at ..... 1980 sc 1637, the constitution bench consisting of the five judges was considering the question of, inter alia, the legislative .competency of the parliament to enact expenditute tax act, 1987. in connection with the question of construction of the entries in the different lists it was observed as follows:.the principal question is whether the text envisaged ..... to ascertain the reasonableness of the statute. in this connection reference may be made to the following decisions.(a) kishan chand arora v. commissioner of police : [1961]3scr135 the supreme court after referring to v. g. row's case observed as follows:there is no doubt that procedural provisions of a statute also enter into .....

Fourth Income-tax Officer Vs. S.M. Shafiq Trustee of Karimia

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1993)45ITD101(Pat.)

..... by the truster was not saved by the application of sub-section (4) of section 11 from the effect of the provisions contained in section 13(1)(bb) of the income-tax act, 1961 (2) whether, on the facts and in the circumstances of the case, the claim of the assessee-trust for exemption of its ..... by the truster was not saved by the application of sub-section (4) of section 11 from the effect of the provisions contained in section 13(1)(bb) of the income-tax act, 1961 2. whether, on the facts and in the circumstances of the case, the claim of the assessee-trust for exemption of its ..... opinion, the said decision is not relevant here.26. in the decision reported at [1977] 109 itr 527 ( cit v. dharmodayam co.), their lordships of the supreme court considered the definition of charitable purposes as given in section 2(15) of the income-tax act, 1961, and held that, after the changes in the definition of charitable purposes, the kuri business which was held in .....

income-tax Officer Vs. Narsing Ram Ashok Kumar

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1993)47ITD38(Pat.)

..... ) dated 31-3-1992 (all sections referred to in this order are of income-tax act, 1961) : on the facts and in the circumstances of the case, the 1d. cit (a) was not justified in deleting the penalty levied under sections 27 1d of i.t. act by accepting assessee's plea of reasonableness, bona fide nature of transaction, absence of mens rea etc. ..... not liable for penalty under sections 27 1d. on the other hand, if he fails, the penalty would be levied even if there is no addition as income from undisclosed sources.the income from undisclosed sources can be added in the parlance of section 68 and not section 269ss. section 269ss was inserted to discourage the transaction made in cash in ..... co. of india ltd. v. asslt. cst [1980] 124 itr 15, the supreme court held that "where the assessee does not include a particular item in the taxable income under a bona fide belief that he is not liable so to include, it would not be right to condemn the return as a'false' return inviting imposition of penalty .....

Commissioner of Income-tax Vs. Girish Kumar Kothari.

Court : Patna

..... . the assessee filed its return showing the same income as returned earlier. in the assessment proceedings, an addition of rs. 23,907 was sustained up to ..... law in deleting the penalty of rs. 23,907 imposed under section 271(1)(c) of the income-tax act, 1961 ?"the proceedings relate to the assessment year 1953-54. the assessee has filed its original return disclosing total income at rs. 24,343. later on, pursuant to search and seizure made in the premises of the ..... assessee on december 16, 1966, reassessment proceedings were initiated and a notice under section 148 of the income-tax act, 1961 (hereinafter the "new act" only), was issued on january 4, 1969 .....

Commissioner of Income-tax Vs. Soh Kisan Cold Storage

Court : Patna

..... 1975-76, a statement of case was called for by this court under section 256(2) of the income-tax act, 1961 (hereinafter in short, 'the act' only), on the following common question of law: 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in holding that the proceedings under section 147(b) were not validly initiated ?' 2 ..... ]189itr285(sc) , has submitted that in the present case, the income-tax officer has acted within his jurisdiction in initiating the reassessment proceedings because in view of a bench decision of this court in the case of maharajadhiraj sir kameshwar singh v. cit : [1961]42itr774(patna) , the interest paid on loans for discharging the income-tax liabilities cannot be allowed as business expenditure. according to him, this .....

Commissioner of Income-tax Vs. Soh Kisan Cold Storage.

Court : Patna

..... 1975-76, a statement of case was called for by this court under section 256(2) of the income-tax act, 1961 (hereinafter in short,"the act" only), on the following common question of law :"whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in holding that the proceedings under section 147(b) were not validly initiated ?"the ..... ]189itr285(sc) , has submitted that in the present case, the income-tax officer has acted within his jurisdiction in initiating the reassessment proceedings because in view of a bench decision of this court in the case of maharajadhiraj sir kameshwar singh v. cit : [1961]42itr774(patna) , the interest paid on loans for discharging the income-tax liabilities cannot be allowed as business expenditure. according to him, this .....

Commissioner of Income-tax Vs. Ashok Kumar Jalan

Court : Patna

..... the actual cost of acquisition is nil, it is that nil figure that must be taken into account. upon a plain reading of sections 45, 48 and 49 of the income tax act, 1961, we take the view that the cost of acquisition of the shares by the hindu undivided family in the instant case must be taken to be nil.' 15. i am ..... of its acquisition. ordinarily, it is the actual cost of acquisition that has to be taken into account. it is only in the specific cases that section 49 of the income-tax act, 1961, provides that such cost is deemed to be the cost at which the previous owner acquired it. the legal fiction created by section 49 appliesonly to the situations set out ..... g.c. bharuka, j. 1. this reference has been made by the tribunal under section 256(1) of the income-tax act, 1961 (hereinafter to be referred to as 'the act' only), seeking the opinion of this court on the following question of law : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in determining .....

Commissioner of Income-tax Vs. Western India Sales and Services

Court : Patna

..... g.c. bharuka, j. 1. in this reference under section 256(2) of the income-tax act, 1961 (hereinafter 'the act' only), opinion needs to he rendered in respect of the following question : 'whether, on the facts and in the circumstances of the case, the sum of rs. 1 ..... . t. act' only), and have made detailed submissions by citing various authorities, in support of the ..... the same can be brought to tax only in the year in which the plea of exemption is accepted on the basis of statutory declarations. 2. learned standing counsel for the income-tax department and shri k.n. jain, learned senior counsel appearing for the assessee, have taken us through various provisions of the central sales tax act, 1956(hereinafter 'the c. s .....

Commissioner of Income-tax Vs. Natraj Processing Industries

Court : Patna

..... of the case, the tribunal is correct in holding that the assessee is engaged in manufacturing and producing articles within the meaning of section 80) of the income-tax act, 1961, thereby entitling it to claim a deduction under that section ?' 2. as per the aforesaid direction, a reference has been made under section 256(2) ..... department. there will be no order as to costs. 11. let a copy of this judgment be communicated to the assistant registrar, income-tax appellate tribunal, patna bench, patna, in terms of section 260 of the income-tax act, 1961. g.c. bharuka, j. 12. i am in agreement with the opinion given by learned brother, s. k. chattopadhyaya, ..... s.k. chattopadhyaya, j. 1. by an order dated september 16, 1982, this court directed the income-tax appellate tribunal, 'a' bench, patna, to submit a statement of case under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'), and to refer the following question of law to this court : 'whether, on the facts and .....