Judgment Search Results Home > Cases Phrase: income tax act 1961 section 272 omitted Court: income tax appellate tribunal itat patna Page 1 of about 73 results (0.255 seconds)

Sri Satish Kumar Keshri, Prop Hira Vs. Income-tax Officer (Technical)

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2007)104ITD382(Pat.)

..... requisition under the act has to be served on the person either by post or as if it were a summon issued by the court under the civil procedure code. in the ..... sake of clarity show cause notice issued is reproduced below: office of the commissioner of income tax-ii, patna 2nd floor, central revenue building, beerchand patel path, patna f. no. cit-ii/pat/tec/263/2004-05/2447 sub : show cause notice under section 263 of i.t. act, 1961 for asstt. yr. 2002-03. i am directed to convey that from perusal of ..... the case of cit v. sattandas mohandas sidhi reported in 230 itr 591 (mp) under similar circumstances has held as under: that under section 263, notice has to be sent to the assessee and the notice should contain reason as to how the order is pre-judicial to the revenue. according to section 282 of the income tax act, a notice or .....

Assistant Commissioner of Vs. Kumar Ice

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD93(Pat.)

..... which are as follows : "(a) whether, for the reasons given by the accountant member, the burden which lay on the assessee firm under section 68 of the income-tax act, 1961 stood discharged (b) if not, whether for the reasons given by the judicial member, the matter is required to be restored to the file of the assessing officer for ..... the below given two points for reference to third members as laid down in sub-section (4) of section 255 of the income-tax act, 1961. the points for reference are as under :- "(a) whether, for the reasons given by the accountant member, the burden which lay on the assessee-firm under ..... heard to state its case.15. in the result, the appeal is disposed of accordingly with above directions.reference to the hon'ble president, income-tax appellate tribunal under section 255(4) of the income-tax act, 1961 as we have different in our view in the above-mentioned appeals, we are making a reference to the hon'ble president, itat of .....

Assistant Commissioner of Vs. Nageshwar Prasad

Court : Income Tax Appellate Tribunal ITAT Patna

..... - yawarunnissa begum v. wto [1975] 100 itr 645 (ap) distinguished." the hon'ble high court drew a distinction between the provisions of the income-tax act, 1961 and wealth-tax act, 1957. they seem to have held the opinion that the legal representative cannot be proceeded against in the penalty proceedings or penalty proceedings cannot be initiated ..... of the deceased assessee liable for the penalty which would have been payable by the deceased assessee had he not died. under section 159 of the income-tax act, 1961 penalty proceedings for a default committed by deceased can be started or continued against the legal representatives. held - therefore, it is not possible to contend ..... effect of these two provisions evidently makes the legal representative liable for penalty even in respect of default of the deceased. these special provisions of the income-tax act, 1961, in my opinion, will override general provisions of law, to the effect that a crime dies with the man.13. in this context, it is .....

N. Sar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1993)47ITD549(Pat.)

..... dated 29-3-1990 notified as under: in exercise of the powers conferred by sub-clause (i) of clause (14) of section 10 of the income-tax act, 1961 (43of 1961), the central government hereby specifies the following special allowances specifically granted to meet expenses wholly necessarily and exclusively incurred in the performance of the duties of an ..... circular. he dismissed the appeal. the id. counsel for the assessee argued that section 295 of the income-tax act, 1961 exhaustively enumerates where and when the central government may frame the rule for carrying out the purpose of this act. this rule had not empowered the central government to overrule any judicial decision. he therefore, argued that ..... more is to be treated as perquisite and the balance amount of the payment of the said allowance may be allowed to be deducted while computing the income under the head 'salaries'. before the id. d.c.(a), the assessee's counsel contended that cbdt have no power as per provisions of section .....

Nathmal Jalan Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1983)6ITD275(Pat.)

..... finding contained in the order passed by my learned brother in para 23 thereof.1. the following question has been assigned by the president under section 24(11) of the act read with section 255(4) of the income-tax act, 1961: whether, on the facts and in the circumstances of the case, the exemption under section 5(1)(iva) of the wealth ..... -tax act, 1957 was allowable 2. the assessee purchased .19 acre of orchard land in 1970. the land was situated in digha, patna. according to the assessee, the value of land for ..... )(iva) of the wealth-tax act.4. the assessee is said to have purchased 9.19 acre, i.e., 6 kathas of land sometime during 1970. there are said to be about a dozen trees there in the said plot. the value of the said plot of land was reflected by the assessee in his return of income in the following manner: assessment .....

income-tax Officer Vs. Laxmi Prasad

Court : Income Tax Appellate Tribunal ITAT Patna

..... the correct view and the same is upheld.statement for third member reference as per sub-section (4) of section 255 of the income-tax act, 1961 as we have differed in our views in the above-mentioned income-tax appeal, we refer the below given points for the consideration on third member as provided in sub-section (4) of section 255 ..... was carrying on business activity in smuggled or contraband goods which also stood proved from the fact that in his return of income in form no. 2 statutorily verified as per the provisions of the statute (income-tax act, 1961), filed on 8-3-1990, the assessee did not declare carrying on of the business or the business loss in ..... in the course of carrying on business in smuggled goods and, therefore, to be set off from the income of rs. 1,38,000 computed by the assessing officer as income from other sources in terms of section 69 of the income-tax act, 1961 ?" 2. briefly stated, the facts are that during the course of assessment proceedings of the assessee, .....

Jamshedpur Engg. and Machinery Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)53ITD227(Pat.)

..... the cessation was not final.14. we have considered the rival submissions carefully. the assessing officer has not specified the provisions of income-tax act, 1961 under which the addition was being made by him. thereafter in the assessee's letter submitted to the cit(a), an extract from which has been reproduced above, it was stated that section 41(1) of the ..... by the high court that since appeals were pending before the supreme court, liability was not finally extinguished so as to treat refund receipt as income liable to tax under section 41(1) of the act. at a first glance it may look as if the amount of excise duty actually paid was still treated as trading liability. however, ..... the assessee. we hold accordingly that it will be deemed to be the income under the head "business or profession" under section 41(1) of the act in the year of receipt, that is, assessment year 1987-88. for these reasons, the order of the cit(a) is confirmed and the assessee's grounds of appeal are rejected.24. .....

Deputy Commissioner of Vs. Bihar State Leather Development

Court : Income Tax Appellate Tribunal ITAT Patna

..... that the penalty should be restored.5. the ld. counsel for the assessee, on the other hand, submitted that, no doubt, the income-tax act, 1961, was a self-contained code, but in the second proviso below section 44ab of the income-tax act, 1961, there was a recognition of audit under any other law. it was provided that where the assessee has to get his accounts audited ..... -company was rs. 1,69,52,507. since it exceeded rs. 40 lacs, there was a mandatory requirement to obtain an audit report, as prescribed under section 44ab of the income-tax act, 1961. in absence of such a report, a notice was issued to show cause why penalty should not be levied under section 271b of the ..... , we fail to see why one could have appointed for internal audit, we fail to see why one could not be appointed for an audit under section 44ab of the income-tax act, 1961. we, therefore, agree with the ld. d. r. that absence of appointment of an auditor under section 619 (2) of the companies .....

A.K. Mishra Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD37(Pat.)

..... on 22-9-1995 were issued by virtue of powers vested in this tribunal under section 255(6) of the income-tax act, 1961. the powers under section 255(6) of the act to exercise powers vested in the income-tax authorities, referred to in section 131, cannot be exercised without issue of summons under section 131. no such summons ..... matter throughout. there are three reasons why this should not have been done. it may be mentioned that according to section 255(1) of the income-tax act, 1961, the powers and functions of the appellate tribunal may be exercised and discharged by benches constituted by the president of the tribunal from amongst the members ..... cross-examination of assessee's wife in respect of the averments made by her in the affidavit. after referring to the provisions of section 131 of the income-tax act, the civil procedure code rules governing the procedure for filing of affidavits, the value of affidavits, in the light of salutary principles emerging in this behalf from certain .....

Chetna Enterprises Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)63ITD257(Pat.)

..... the facts and circumstances of the case and in law, the assessing officer was justified in issuing notice under section 148 of the income-tax act, 1961 read with section 147(a) of the income-tax act, 1961 (2) whether, in the facts and circumstances of the case and in law, the assessing officer was justified in assuming jurisdiction ..... facts and circumstances of the case and in law, the assessing officer was justified in issuing notice under section 148 of the income-tax act, 1961 read with section 147(a) of the income-tax act, 1961 2. whether, on the facts and circumstances of the case and in law, the assessing officer was justified in assuming jurisdiction ..... , on the facts of the case and in law, the assessing officer was justified in issuing notice under section 148 of the income-tax act read with section 147(a) of the income-tax act, 1961 (2) whether the report of the dvo constitutes "information" to the assessing officer enabling or authorising him to initiate reassessment proceedings .....