Judgment Search Results Home > Cases Phrase: income tax act 1961 section 269d preliminary notice Sorted by: recent Court: income tax appellate tribunal itat indore Page 1 of about 12 results (0.130 seconds)

Arihant Builders Developers and Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2007)106ITD10Indore

..... was @ 0.48 %. though it is a case of assessment year 1992-93, but we find that the provisions of section 44ad of the income-tax act, 1961, have been inserted into the income-tax act, 1961, with effect from 1.4.1994 provided in sub-section (1) special provision for computing profits and gains of business of civil construction. it provides ..... issuing notice under section 143(2). both the provisions are altogether dealing with different situation. even if revenue has remedy to proceed under section 147 of the income-tax act, 1961, the powers of the a.o.cannot be curtailed for issuing notice under section 143(2) for making regular assessment. we may further mention that we do ..... would squarely apply to the case, where refund is granted by the assessing officer after processing of the return under section 143(l)(a)(ii) of the income-tax act, 1961. accordingly, the decision of the hon'ble delhi high court in the case of apogee international and the decision of hon'ble supreme court in the case of .....

Malwa Texturising (P) Ltd. and ors. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2002)77TTJIndore995

..... of assessing officer passed under section 158bc, we agree with the same. though there is no provision corresponding to section 96(3) of cpc, 1908, in the income tax act, 1961, but various high courts have clearly held that once the assessment is completed on the basis of consent, assessee cannot be an aggrieved party and as such appeal ..... considered the facts of the case and legal position applicable to the same. he submitted that appeals were filed with the tribunal under section 253(1)(b) of the income tax act, 1961, on 30-12-1996. in these appeals, assessment made under section 158bc was challenged as illegal, arbitrary and without jurisdiction. in the meantime government of india started ..... it out of section 246(1)(a) since there is no provision in the income tax act, 1961, corresponding to section 96(3) of cpc 1908. in this regard, he relied on chhatmall agrawal v. cit (1979) 116 itr 694 (p&h), gauri sahai ghisa ram v. cit (1979) 120 itr 338 (all). he contended that assessee's group did .....

Malwa Texturising (P) Ltd. and Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Indore

..... not take it out of section 246(1)(a) since there is no provision in the it act, 1961, corresponding to section 96(3) of cpc 1908. in this regard, he relied on chhatmall agrawal v. cit (1979) 116 itr 694 (p&h), gauri sahai ghisa ram v. cit (1979) 120 itr 338 (all). he contended that assessee's group did not file ..... returns before that date, therefore, the provision is applicable. he contended that section 249(4) is very clear and before filing the appeal assessee is supposed to pay tax on returned income as per clause (a) of sub-section (4) of section 249. he further contended that even the proviso to sub-section (4) of section 249 give the ..... these appeals. as far as first objection is concerned, he read out the provisions of section 249(4). he further submitted that though assessee had originally filed returns declaring nil income, later on some surrenders were made as per detailed letter of the assessee dt. 20th nov., 1996, and some of the returns were revised accordingly. in this regard, .....

Surya Proteins Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (1996)56ITD367Indore

..... has argued that since appeal against the assessment order was filed by the assessee, the cit (a) had jurisdiction to proceed with the appeal and issue appropriate directions to the ao ..... that after coming to the conclusion that the demand notice was not valid, the cit (a) cannot assume jurisdiction to set aside the assessment. the 1d.counsel for the assessee had also referred to the provisions contained in sections 156,246 and 249 of the income-tax act.7. the submissions of the assessee were opposed by the ld. dr. he ..... in the case of rasiklal amritlal doshi v. a. nundy, addl. ito [1961] 42 itr 35 (bom.), wherein it was held that no notice of demand under section 29 of the 1922 act could be issued in the absence of an order passed under the act. the cit (a) verified from the record that the last hearing in this case took place .....

income Tax Officer Vs. Lokmanya Shiksha Samiti

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2008)115TTJIndore135

..... language of the section 10(22) of the act is plain and clear and the availability of the exemption is to be evaluated each ..... not found (did not form) part of total income under the provisions of section 10(22) of the it act, which has been re-enacted in section 10(23c)(iiiad) of the it act w.e.f. 1st april, 1999. the educational institution run without the motive of earning profit was exempt from income-tax. the hon'ble supreme court in the case of ..... aditanar educational institution etc. v. addl cit has held as under: the .....

Asstt. Commissioner of Vs. Shree Sajjan Mills Limited

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2008)112ITD135Indore

..... . the tribunal allowed the claim of the assessee. the tribunal rejected the application of commissioner under section 256(1) of the income-tax act, 1961, for referring a question of law. on an application under section 256(2).12. keeping in view, the facts and circumstances, discussed above and having regard to the ..... no. 1, there was a difference of opinion between the members of tribunal, therefore, matter was referred to the third member for his opinion. hon'ble president of income tax appellate tribunal being third member vide his order dated 26.11.2007 agreed with the order proposed by the am.3. in view of the opinion of the majority of ..... of the incometax appellate tribunal to refer the following point of difference to a third member under section 255(4) of the incometax act, 1961: whether, on the facts and in the circumstances of the case, the ld. cit(a) was justified in deleting the addition of rs. 13 lacs on account of disallowance of commission payment claimed during the assessment .....

Assistant Commissioner of Income Vs. Shree Sajjan Mills Ltd.

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2008)115TTJIndore145

..... payment of the commission to s was genuine and did not amount to diversion of the income of the assessee to reduce the tax liability.the tribunal allowed the claim of the assessee. the tribunal rejected the application of cit under section 256(1) of the it act, 1961, for referring a question of law on an application under section 256(2) (sic ..... ble president of the tribunal to refer the following point of difference to a third member under section 255(4) of the it act, 1961: whether, on the facts and in the circumstances of the case, the learned cit(a) was justified in deleting the addition of rs. 13 lacs on account of disallowance of commission payment claimed during the ..... bench of the tribunal, following question has been referred to me as a third member under section 255(4) of the it act: whether, on the facts and in the circumstances of the case, the learned cit(a) was justified in deleting the addition of rs. 13 lacs on account of disallowance of commission payment claimed during the .....

Maya Spinners Ltd. Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Indore

..... itat, indore bench in the case of dcit v. laxmi trading co. 2 itj 266 in which it was held [head note]: assessment - under section 153 of the income-tax act, 1961 -whether the assessment barred by the limitation of time is valid under the law? - held - no. direction for audit was issued on 11.3.97 and last ..... it was held (head note): assessment-special audit of accounts-nature of direction for special audit-not administrative-is of quasi-judicial nature-notice to assessee to be given-income-tax act, 1961, sections 136, 142(2a), (3), 158bc.ld. counsel for assessee further submitted that no audit report was filed because the auditor refused to audit the accounts which ..... 150 days ended beyond 30.5.96, the proviso is not applicable to this case. 12. with regard to the above submissions we also rely on the commentary on income-tax act by sampath ayanger, 9^th edition, fourth volume, page 5604. while dealing with clause (iii) of explanation 1, the author states that the said explanation provides .....

Asstt. Commr. of Incometax Vs. M.P. Export Corporation Limited

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2008)302ITR42Indore

..... end of the relevant assessment year when the original assessment has been made. the ao has made reference of the amended position of section 147 of the income tax act and concluded that the notice issued under section148 is a valid notice and re-opening of the proceeding for the assessment year 1992-93 is legal after considering ..... record.3. briefly, the facts of the case are that the assessee filed the original return of income on 31^st december, 1992 declaring income at rs. 3,14,900/-. the ..... on the on the following grounds: on the facts and in the circumstances of the case, the cit(a) erred in 1. quashing the re-assessment proceedings initiated by the assessing officer under section 147 of the incometax act, 1961.2. we have heard the learned representatives of both the parties and gone through the material available on .....

Shri A.M. Mathur, Senior Advocate Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Indore

..... claimed to be deductible under section 37(1) of the act as the impugned sum was donated by the assessee to a public trust registered under section 12a of ..... upheld.6. the assessee filed application for admission of additional evidences. ld. counsel for assessee submitted that the income tax return and audited accounts for the ays 2002-03 to 2005-06 were not before the cit(a) and that further additional evidences which are filed for the first time before the tribunal are copies of ..... was claimed as business expenditure under section 37(1) of the act. under no circumstances this expenditure can be treated as capital or personal expenditure. 1.4 the disallowance is uncalled for and the same may kindly be deleted.4. the assessee before ld. commissioner of income tax (appeals) contested the disallowance of rs. 200000/- which was .....