Court : Delhi
Reported in : 21(1982)DLT51
..... in accordance with the provisions of section 269c of the act, i am initiating proceedings for the acquisition of the above mentioned property by the issue of ..... transferor to pay tax under the income-tax act, 1961, in respect of income arising from the transfer; and/or (b) facilitating the concealment of income or moneys or other assets which have not been or which ought to be disclosed by the transferee of the purposes of the indian income-tax act, 1922, or the income-tax act, 1961, or the wealth tax act, 1957. thereforee, ..... a preliminary notice under section 269d(1) of the income-tax act, 1961.' 6. the aforesaid notice has been challenged on the grounds that once the competent authority had come to the conclusion after a .....
Tag this Judgment!Court : Delhi
Reported in : (1982)32CTR(Del)131; [1982]137ITR605(Delhi)
..... in accordance with the provisions of section 269c of the act, i am initiating proceedings for the acquisition of the above mentioned property by the issue of ..... transferor to pay tax under the income-tax act, 1961, in respect of income arising from the transfer; and/or(b) facilitating the concealment of income or moneys or other assets which have not been or which ought to be disclosed by the transferee of the purposes of the indian income-tax act, 1922, or the income-tax act, 1961, or the wealth tax act, 1957.therefore, ..... a preliminary notice under section 269d(1) of the income-tax act, 1961.'the aforesaid notice has been challenged on the grounds that once the competent authority had come to the conclusion after a preliminary enquiry .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
..... three-judge bench of this court held that a notice issued under section 34 without prior approval of the commissioner was invalid.31. the income tax act 1961 also mandates assessing officers to fulfil certain pre-conditions before issuing a notice of reassessment. section 149 requires assessing officers to issue a ..... the revenue officers must have requisite jurisdiction to perform their functions and responsibilities following the provisions of the income tax act. under the income tax act 1922,54 section 34 allowed an income tax officer to reassess income that escaped assessment for a relevant assessment year. section 34 provided that a reassessment notice could not be ..... to exercise or perform all or any of the powers or functions conferred on, or assigned to, an assessing officer under this act. ]. 5 section 147, income tax act 6 section 148, income tax act. [it read: 148.(1) before making the assessment, reassessment or recomputation under section 147, the assessing officer shall serve on .....
Tag this Judgment!Court : Karnataka
..... order the petitioner has challenged the order at annexure-'a' dated 21.03.2023 passed under section 148a(d) of the income tax act, 1961 ('i.t. act' for brevity) for the assessment year 2016-2017 and has also sought for quashing of the impugned notice dated 21.03.2023 bearing din and notice no. ..... to quash the impugned order dated2103.2023 bearing din and notice no.itba/ast/f/148a/2022- 23/1051072381(1) passed by the1t respondent under section148(d) of the income-tax act, 1961, for the assessment year201617 (annexure-a) and etc. this writ petition coming on for preliminary hearing in 'b' group, this day, the court made the following: ..... 2023 along with documentary evidences why a notice u/s 148 should not be issued in order to assess the income that has escaped assessment. as per the procedure laid down under section 148a of the income tax act, 1961, it mandates that show-cause notice is to be issued based on the information/explanation provided by you on the .....
Tag this Judgment!Court : Supreme Court of India
..... and its vesting in the government took place on 29.09.1970, the date of award. the high court further held that under the income-tax act, 1961, an income was chargeable to tax only when it had accrued or was deemed to have accrued in the year of assessment; and in the present case, if any ..... take note of the relevant statutory provisions in the income-tax act, 1961, as applicable to the assessment year 1971-1972, as also in the land acquisition act, 1894, as existing at the relevant time. statutory provisions 25. in the income-tax act, 1961, the heads of income for the purpose of computation of total income are defined in section 14 that carries, inter alia ..... of the supreme court decisions in shamlal narula v. cit [1964]. 53 itr151(sc) and ramanathan chettiar v. cit [1967]. 63 itr458(sc), the land acquisition interest of rs. 80,253 included by the income tax officer under section 5(1)(b) of the income-tax act, 1961, in the total income for 1968-69 assessment, accrued de die in diem from .....
Tag this Judgment!Court : Supreme Court of India
..... has correctly interpreted the provisions of section 28(ii) of the income tax act, 1961?. b) whether the ld. itat was correct in holding that receipt of rs.6.6 crores by the respondent/assessee as non-competitive fee was a capital receipt u ..... therefore, was that the appeal stood allowed by a majority of 2:1 in the appellate tribunal.8. the revenue preferred an appeal under section 260-a of the income tax act, 1961 to the high court. in its grounds of appeal, the revenue framed the substantial questions of law that arose in the matter as follows: a) whether the itat ..... , and that, as a result, non-compete fee payable under the deed of covenant was not taxable under section 28(ii)(a) or any other provision of the income tax act, 1961. the learned judicial member on the other hand substantially agreed with the assessing officer, as a result of which he decided in favour of the 6 revenue. a reference .....
Tag this Judgment!Court : Delhi
..... justice prathiba m. singh % order1409.2017 prathiba m. singh j., 1. this is an appeal under section 260 a of the income tax act, 1961 (hereinafter referred to as the act ) impugning order dated 30th july, 2015 passed by the income tax appellate tribunal ( itat ) kolkata, bench-b, kolkata in ita no.1905/kol/2013 for the assessment year ( ay ) 2008- ..... is in the affirmative, whether on merits the order dated 30th march 2013 passed by the commissioner of income tax, kolkata under section 263 of the act is sustainable in law. brief facts 3. the appellant is a company engaged in the business of trading and investment of shares and is assessed ..... questions of law were framed: (i) did the notice dated 18th march 2013 issued by the commissioner of income tax, kolkata to the assessee at the address shown therein satisfy the requirements of section 263(1) of the act as regards providing the assessee an opportunity of being heard?. (ii) if the answer to questions (i) .....
Tag this Judgment!Court : Delhi
..... ward 2 (8), being in collusion with sh. k. k. dhawan, dcit had, with ulterior motive, conducted a survey under section 133 (a) of the income tax act, 1961, at 5 proprietary group concerns of shri mukeshchandra dahyabhai gajiwala and his family, on 3.3.1998. that the assessee had been harassed and mentally tortured during the ..... das (supra) was followed and applied in bajaj hindustan limited (supra). this case related to penalty under section 3a of the u.p. sugarcane (purchase tax) act, 1961 as the sugar had been stored in the godown or space without prior approval of the assessing authority. the approval was granted ex-post facto. it was held ..... tribunal has also directed the petitioner to open the sealed cover and grant or accord promotions to sunny abraham to the post of deputy commissioner of income-tax and joint commissioner of income-tax w.e.f. 19th september, 2006 and 30th march, 2011 respectively, and consequential benefits should also be given. however, liberty has been granted .....
Tag this Judgment!Court : Delhi
..... ward 2 (8), being in collusion with sh. k. k. dhawan, dcit had, with ulterior motive, conducted a survey under section 133 (a) of the income tax act, 1961, at 5 proprietary group concerns of shri mukeshchandra dahyabhai gajiwala and his family, on 3.3.1998. that the assessee had been harassed and mentally tortured during the ..... das (supra) was followed and applied in bajaj hindustan limited (supra). this case related to penalty under section 3a of the u.p. sugarcane (purchase tax) act, 1961 as the sugar had been stored in the godown or space without prior approval of the assessing authority. the approval was granted ex-post facto. it was held ..... tribunal has also directed the petitioner to open the sealed cover and grant or accord promotions to sunny abraham to the post of deputy commissioner of income-tax and joint commissioner of income-tax w.e.f. 19th september, 2006 and 30th march, 2011 respectively, and consequential benefits should also be given. however, liberty has been granted .....
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