Court : Patna
..... since serious doubt was initially sought to be cast on the claim of the petitioner regarding source of money and the deposit of the same with respondent bank, the income tax officer of munger was also asked to enquire about the money and its source from where the petitioner had obtained the same. the ..... transferred or misaccounted by the bank or its employees. his submission is that respondent bank being a public undertakings has a responsibility towards the citizen and its customers to, act in a fair and honest manner and to maintain the account of its customers with due diligence, fairness and honesty.it is also submitted that the nature of the dispute ..... illegally transferred to the loan account of the petitioner for realization of outstanding dues of rs. 13,386/- up to 14.2.1990. petitioner made grievance of the above act of mr. palit to the branch manager. the complaints or the representations have been brought on record as annexure-2 series. when no action was taken by the bank .....
Tag this Judgment!Court : Patna
..... has appeared on behalf of the assessee.2. on an application under section 256(2) of the income tax act (the act) as it existed prior to the national tax tribunal act, 2005, this court formulated the question of law and directed the income tax tribunal, patna bench, patna to state the case to this court for its opinion. accordingly the ..... above.10. on going through the statement of the case and other relevant materials this court finds that the income tax appellate tribunal set aside the order of the commissioner under section 263 of the act on appreciation of a pure question of fact that the assessing officer had undertaken and held reasonable enquiry by calling ..... allowed the expenses to the extent of 50% of the royalty income and completed the assessment under section 143(3) of the act.4. the commissioner income tax (cit), patna in course of examination of assessments in the light of provisions of section 263 of the act noticed that royalty amount in the hands of the assessee was on .....
Tag this Judgment!Court : Patna
..... learned senior counsel further relies on yet another decision of the hon'ble supreme court rendered in the case of keshevji raviji & co. and ors v. commissioner of income tax reported in : [1990]183itr1(sc) . paragraph- 24 of the said decision has bearing to the present case and the same is also reproduced herein below:24: ..... the various banks and the union of the employees of the bank. since the settlement is under section 2 and section 18(1) of the industrial disputes act read with rule 58 of the industrial disputes (central) rules 1957 then in the opinion of the court the provisions or the new kind of punishment ..... class-a banks represented by indian banks' association and their workmen represented through their unions. the memorandum of settlement was statutory in nature under the industrial dispute act 1947. by this settlement certain amendments have been brought about in the areas of disciplinary action and procedure thereof. the memorandum covers large area relating to misconduct .....
Tag this Judgment!Court : Patna
..... 1962 ac 135, has stated the position as follows:the phrase 'exempt from taxation' (land and income tax act, 1954 (no. 6701) (new zealand), section 86(1)) does not cover income that is not at all within the reach of the new zealand tax laws. it refers to income that would, had it not been for the exemption, otherwise have been so taxable.15. the answer ..... shall stand reduced to the extent of tax paid under the entry tax act. in other words, where importer of scheduled goods is liable to pay tax under the entry tax act becomes liable to pay tax under the act, 1981, the tax paid by such importer under the entry tax act is adjustable against his liability to pay tax under the act 1961. second proviso appended to sub-section (2) of section 3 .....
Tag this Judgment!Court : Patna
..... of rs. 37,054.2. on december 13, 1995, the assessing officer, sasaram along with six income-tax officers conducted a survey at the business premises of the assessee under the provisions of section 133a of the income-tax act, 1961 (hereinafter referred to as 'the act'). the stock found in the survey was as follows: rs. stock in shop premises 1,28, ..... 114 stock in godown 11,14,687 ------------ total 12,42,801 ------------4. on the basis of sales tax return and cash memos it was found that for ..... answer to the second question is in the affirmative against the assessee and in favour of the revenue and it is held that addition under section 69 of the income-tax act was made on the basis of the material found in the course of survey and it cannot be said to be on mere suspicion, surmises and conjectures.23. .....
Tag this Judgment!Court : Patna
..... tribunal or court. in fact, it would be desirable that in cases arising under customs and excise laws an independent quasi-judicial tribunal, like the income-tax appellate tribunal or the foreign exchange regulation appellate board, is set up which would finally dispose of appeals and revision applications under these laws instead of ..... reason but it was hardly satisfactory. he did not deal in his order with the arguments advanced by the appellants in their representation dated 8th december, 1961 which were repeated in the subsequent representation dated 4th june, 1965. it is not suggested that the collector should have made an elaborate order discussing the ..... a government of laws 'there is nothing like unfettered discretion immune from judicial reviewability.' the executive, no less than the judiciary, is under a general duty to act fairly. indeed, fairness founded on, reason is the essence of the guarantee epitomized in articles 14 & 16(1). 15. it evident from a summary of charges .....
Tag this Judgment!Court : Patna
..... pat/1997 and as such, they were heard together and are being disposed of by this common judgment.2. search and seizure operations under section 132(1) of the income-tax act was conducted on august 31, 1996 in the residential premises of bimla singh, appellant in m.a. no. 46 of 2002 and the late bindeshwari prasad singh. ..... the valuer, cost of construction is rs. 12,99,700.3. the assistant commissioner of income-tax (hereinafter referred to as 'the assessing officer'), gave notice to both of them and assessed the undisclosed income under section 158bb of the income-tax act (for short, 'the act') to the extent of rs. 1,19,212 so far as the assessee bimla singh is ..... of the search as an other material, recovered in course of search under section 158(b)(c) (section 158bb) of the income-tax act.(2) whether the tribunal was justified in adding the aforesaid amount as an undisclosed income when the excess amount determined by the department is less than 15 per cent. of the total investment.7. m.a. .....
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..... the case of matajog dobey v. h.c. bhari 1956 sc 44 the complainant had alleged that the official authorized in pursuance of warrant issued by the income tax investigation commission forcibly broke open the entrance door and when some resistance was put, the said officer tide a rope around him and assaulted him causing injury ..... petitioner has leaked the same to the press, nevertheless it would be only in excess of discharge of his official duty bearing reasonable connectivity between the act complained of and discharge of official duty. in view of aforesaid facts the petitioner being a government/public servant then could have been prosecuted only after ..... the honest and responsible public servant from vexatious criminal proceeding and harassment. the object of the provision is that no public servant should be prosecuted for act committed by him reasonably in discharge of his official duty or purported to be in discharge of official duty, unless sanction has been obtained from the competent .....
Tag this Judgment!Court : Patna
..... 1959]36itr215(sc) and in the case of bacha. f. guzdar v. commissioner of i.t., bombay : [1955]27itr1(sc) in the context of income tax act and the companies act it was held by the supreme court that the shareholder is only the owner of shares held by it and that a shareholder does not acquire any right in ..... the issue was whether the central government or the state government would be the 'appropriate government' for making a reference under section-10 of the industrial disputes act, 1947 when the undertaking belonged to a company whose entire share capital was contributed by the central government. in paragraph-4 of that judgment the court observed ..... kumar mandal, jj.1. this letters patent appeal has been preferred by tenughat vidyut nigam limited (hereinafter referred to as 'tvnl') a company incorporated under companies act, 1956 having its registered office at vidyut bhawan campus, baily road in the town of patna, through its secretary against judgment of learned single judge dated 21. .....
Tag this Judgment!Court : Patna
..... communicated their alleged acceptance letter through letter dated 6.3.2008 (annexure 4) but in the said communication with regard to sales tax they stated thus:the payment is subject to deduction of income tax with surcharge as applicable and works contract, sale tax (bihar) as per extent rule and submission of current and valid stcc.your condition regarding sales ..... communicated to the proposer it becomes an agreement. an agreement enforceable by law is a contract.12. section 7 of the contract act clearly lays down that in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. if acceptance is not absolute in terms of ..... soliciting offer. a tender filed in response to the notice inviting tender is an offer or a proposal within the meaning of section 2(a) of the contract act. a proposal by itself does not create any liability so far as the proposer is concerned unless it is accepted. once acceptance to the proposal as such is .....
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