Judgment Search Results Home > Cases Phrase: income tax act 1961 section 269d preliminary notice Court: mumbai Page 1 of about 408 results (0.192 seconds)

Wallace Flour Mills Co. Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1985)12ITD577(Mum.)

..... any money or other assets which have not been or which ought to be disclosed by the transferee for the purposes of the indian income-tax act, 1922, the income-tax act, 1961 or the wealth-tax act, 1957.according to the revenue, the above fulfil the conditions precedent laid down in section 269c(1). but on a careful examination of the facts, we find ..... 1. these two appeals are filed against the order passed by the competent authority under section 269f(6) of the income-tax act, 1961 ('the act'), dated 24-2-1984, acquiring the property bearing flat nos.19 and 20 'asha mahal', naoroji gamadia road, bombay, along with all beneficial right, title, interest, ..... ] 63 itr 219, wherein it was held that the reasons recorded by the ito for initiating action under section 34 of the indian income-tax act, 1922 ('the 1922 act'), corresponding to section 147 of the 1961 act, need not be communicated to the assessee.shri jaitley then referred us to the note which was attached to the notice issued by the .....

Laxmichand Bhagaji Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1994)48ITD322(Mum.)

..... in certain circumstances - order under section 1. in exercise of the powers conferred by clause (a) of sub-section (2) of section 119 of the income-tax act, 1961 (43 of 1961), the central board of direct taxes hereby directs that the ito shall not initiate any proceedings for imposition of a penalty under clause (c) of sub-section (1) of section 271 of the ..... on him. both these judgments support the department's contention. we find further that both these judgments were delivered with reference to indian income-tax act, 1922 which did not have any provision corresponding to section 68 of the income-tax act, 1961. according to this section 68, which applies to the case before us, where any sum is found credited in the books of ..... ) of levy of a penalty of rs. 2,11,39,972 under section 271 (1)(c) of the income-tax act, 1961, for concealment.2. the assessee is a registered firm carrying on business of 'indigenous bankers' since 1960. the business consisted of taking deposits from the public as .....

M/s. Jagati Publications Ltd. Vs. President, Income tax Appellate Trib ...

Court : Mumbai

..... president to enable him to consider as to whether it is a fit case for constituting special bench in exercise of the powers vested under section 255(3) of the income tax act, 1961. this may be treated as urgent." sd/-. (emphasis supplied). 15. on 27 november 2012, the regular bench sent a notice to the petitioner annexing a copy of the letter of ..... , it will be useful to advert to the legal provision regarding constitution of a special bench of the income tax appellate tribunal. the central government under section 252 of the income tax act, 1961 (the act), is empowered to constitute an appellate tribunal to hear the appeals arising under the act. the appellate tribunal consists of judicial and accountant members. the central government is also empowered to appoint .....

Commissioner of Income-tax Vs. A.i. Rahimtulla

Court : Mumbai

Reported in : (1986)50CTR(Bom)322; [1986]160ITR784(Bom); [1986]26TAXMAN614(Bom)

..... to disclose fully and truly all material facts necessary for his assessment for that year' in section 34 of the indian income-tax act, 1922 (which words are also used in section 147 of the income-tax act, 1961), postulated 'a duty on every assessee to disclose fully and truly all material facts necessary for his assessment. what facts are ..... will consider first.10. it was submitted that the burden lay on the revenue to establish that the notice issued under section 147(a) of the income-tax act, 1961, had beer issued with jurisdiction by producing the reasons recorded at the time of obtaining the sanction of the commissioner for its issue. it was urged ..... the facts and in the circumstances of the case, the tribunal was justified in holding that the proceedings for reassessment initiated under section 147(a) of the income-tax act, 1961, were not validly initiated ?'2. the assessee was assessed as a non-resident individual. the assessment year is 1955-56. the original assessment for that year .....

Narayan Hosiery Pvt. Ltd. Vs. Commissioner of Income-tax, Central Bomb ...

Court : Mumbai

Reported in : [1978]113ITR630(Bom)

..... made and the penalty proceedings could not be said to have been initiated within the time limit imposed by section 275 of the income-tax act 1961. according to him penalty proceedings under the income-tax act, 1961, should be commenced before the completion of the assessment proceedings; that the order of penalty should be passed not later than two ..... the proceedings in which there was satisfaction regarding the assessee's default and not thereafter. according to him the notice issued under section 274 of the income-tax act, 1961, could not be said to have initiated the penalty proceedings in the course of the assessment proceedings out of which they arose. he held that ..... period of 2 years from the completion of the assessment on october 30, 1962, and was not, therefore, barred by time under section 275 of the income-tax act, 1961. it was also urged on behalf of the revenue that the penalty proceedings had already been initiated on october 12, 1962, long before completion of the assessment .....

Zuari Estate Development and Investment Co. Pvt. Ltd. Vs. J.R. Kanekar ...

Court : Mumbai

Reported in : 2004(2)BomCR785; [2004]271ITR269(Bom)

..... reopen the assessment. this was a case of mere change in opinion and, therefore, the assessments had not been validly reopened under section 147(b) of the income-tax act, 1961. it is no doubt true that on behalf of the revenue it was pointed out that section 147 after its amendment has undergone a radical departure from the section ..... reliance is placed in the judgment of gkn driveshafts (india) ltd. v. ito [2003] 259 itr 19 , to contend that when a notice under section 148 of the income-tax act, 1961, is issued, the proper course of action for the noticee is to file the return and, if he so desires, to seek reasons for issuing the notices. in that ..... products v. union of india . in that case the court held that an assessee has an alternative remedy of filing appeal before the appropriate authority provided under the income-tax act, 1961, and no cause of action had arisen for the assessee for filing a writ petition. it is in those circumstances that the high court declined to exercise its .....

Zuari Estate Development and Investment Co. (P) Ltd. Vs. J.R. Kanekar, ...

Court : Mumbai

Reported in : [2004]139TAXMAN209(Bom)

..... reopen the assessment. this was a case of mere change in opinion and, therefore, the assessments had not been validly reopened under section 147(b) of the income tax act, 1961. it is no doubt true that on behalf of the revenue it was pointed out that section 147 after its amendment has undergone a radical departure from the section ..... is placed in the judgment of gkn driveshafts (india) ltd v. ito (2003) 259 itr 19 , to contend that when a notice under section 148 of the income tax act, 1961, is issued, the proper course of action for the notice is to file the return and, if he so desires, to seek reasons for issuing the notices. in that ..... india (2001) 247 itr 1011 . in that case the court held that an assessee has an alternative remedy of filing appeal before the appropriate authority provided under the income tax act, 1961 and no cause of action had arisen for the assessee for filing a writ petition. it is in those circumstances that the high court declined to exercise its extraordinary .....

Commercial Corporation of India Ltd. Vs. Income-tax Officer and Others

Court : Mumbai

Reported in : [1993]201ITR348(Bom)

..... to have purchased the unsold tickets 12. there can be no dispute and indeed there is none that, under section 194b of the income-tax act, 1961, the person responsible for paying to any person any income by way of winnings from any lottery in an amount exceeding rs. 5,000 shall, at the time of payment thereof, deduct ..... standi of the petitioner. 14. it may be advantageous to record neatly the objections taken : in the first, the action of the income-tax officer, panaji, goa, in issuing notice under section 226(3) of the income-tax act, 1961, on january 31, 1992, to the principle officer, state bank of india, treasury unit, panaji, requiring him to pay ..... income-tax on account of the goa government and the demand made under section 194b of the act is no order made against the petitioner-company and, therefore, .....

Travancore Electro Chemical Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1989)31ITD159(Mum.)

..... assessment year 1976-77, the primary challenge is that the reassessment order dated 20-9-1982 made under section 147(b) of the income-tax act, 1961 (hereinafter referred to as 'the act'), confirmed by the commissioner of income-tax (appeals) is invalid and opposed to the provisions of law.2. the assessee is a company and is a manufacturer of calcium carbide ..... been held by the supreme court now in the decision in r. k.upadhyaya v. shanabhai p. patel [1987] 166 itr 163/33 taxman 229 that under the income-tax act, 1961 a clear distinction has been made out between "issue of notice" and "service of notice". therefore the fact that much prior to the actual date of service of notice ..... to have been issued by him.the date of posting of the notice is the date of performance of a ministerial act, following the issue of the notice by the income-tax officer. the date of performance of such ministerial act cannot therefore be equated to, or considered in our view as the date of issue of notice by the .....

Commissioner of Income-tax, Bombay City Ii Vs. New Citizen Bank of Ind ...

Court : Mumbai

Reported in : [1965]58ITR468(Bom)

..... , 1961, on which date the application for reference was actually filed. in our opinion, therefore, the application filed by the commissioner in the present case was not beyond time. 7. mr. kolah has argued that section 12 of the limitation act cannot be availed of in the present case because, in the first place, applications under section 66 of the indian income-tax act are ..... head is separately computed by the rules laid down for the computation of that particular class of income, the income which is the subject-matter of tax under the indian income-tax act is one income and the income-tax is also a single tax. the income-tax is only one tax levied on the sum total of the income classified and chargeable under the various heads. it is not a collection of distinct .....