Judgment Search Results Home > Cases Phrase: income tax act 1961 section 272 omitted Court: patna Page 12 of about 422 results (0.060 seconds)

Deputy Commissioner of Income Tax Vs. Dipesh Chandak, Dipesh Chandak

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2007)110TT(JP.)at366

..... by the assessee having been established to be of the state's exchequer cannot be treated as income of the assessee in view of section 2(24) chargeable to income-tax under section 4 of the it act, 1961, and cannot form the basis of computing the total income in terms of sub-section (45) of section 2 r/w section 5 of the ..... sum recovered from the recipients, the assessee having already admitted the fraud, can be considered as income within the meaning of sub-section (24) of section 2 chargeable to income-tax under section 4 of the it act, 1961 and can form the basis of computing the total income in terms of sub-section (45) of section 2 r/w section 5 of the ..... already identified the recipient of money and recovered the amount, cannot be considered as income within the meaning of section 2(24) chargeable to tax under section 4 and this cannot form the basis of computing total income as per section 2(45) r/ws. 5 of it act, 1961. (g) that the recoveries of defrauded funds are based on the claim 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 .....

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 .....

Tata Yodogwa Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)67ITD174(Pat.)

..... the profits of eligible business or profession. accordingly there is no need to delete this amount. it is irrelevant for this purpose in what manner, the business income is computed under chapter iv of the income-tax act. (c) inclusion of rs. 95,25,670 credited by way of write back of liability : sub-section 3(a) of section 32ab requires that the ..... . thus, there is no need to delete the amount of dividend credited to the p&l a/c. it is irrelevant for this purpose in what manner, the business income is computed under chapter iv of the income-tax act. this income has been credited to the p&l a/c as per the requirement of provisions of schedule vi of the companies ..... 1984-85 was to be considered as "reserve" and the amount withdrawn from this reserve should have been deducted from profit as per provisions of section 32ab(3)(a) of it act, 1961. the assessee has quoted circular no. 461, dated 9-7-1986. as has been quoted from the schedule vi, part-iii, it is seen clearly that in section 7( .....

Deputy Commissioner of Income Tax Vs. Narendra Mohan Bagroy

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)84TT(JP.)at570

..... of the assessee to make a true and full disclosure of all material facts necessary for his assessment during the concluded assessment proceedings, any of his income, profits or gains chargeable to income-tax has escaped assessment." "we are not persuaded to accept the argument of mr. sharma that the question regarding truthfulness or falsehood of the transactions ..... justified in forming his reasons to believe for this year on the basis of inquiries, etc. done for the next year. for asst. yr. 1994-95 the income-tax inspector who had visited the given address of a large numbers, of sundry creditors in february, 1995 had gathered the information that many of them were not residing at ..... the sanction of the central board or the cit, as the case may be.8. in the case of ito v. lakhmani mewal das (supra), their lordships of the supreme court held as under : "the reasons for the formation of the belief contemplated by section 147(a) of the it act, 1961, for the reopening of an assessment must have .....

Commissioner of Wealth-tax Vs. Smt. Shushila Devi Tamakuwala

Court : Patna

..... (of course within the limit laid down in the section).6. in this connection, attention is invited to sections 22 to 27 of the income-tax act, 1961, which refer to income from house property. these sections are applicable to income from house property whether the house property is residential or it is used for business. in the circumstances, it is presumed that the exemption to ..... withdrew the exemption. the assessee assailed the said order in appeal. the plea of the assessee that the factory building was exempt from wealth-tax under section 5(1)(iv) of the wealth-tax act was negatived. in second appeal, the income-tax appellate tribunal held that the assessee will be entitled to exemption of the factory building under section 5(1)(iv) of the .....

Satya NaraIn Dahnia Vs. State of Bihar

Court : Patna

..... petitioner seeks quashing of his prosecution under sections 276c and 277 of the income tax act, 1961 ('the act') as also the order taking cognizance. the said proceeding is pending before the special court (economic offences), muzaffarpur vide complaint case no. 443 of 1991.2. the income tax officer filed a complaint against seven persons including the petitioner alleging commission of ..... (1). the tribunal was pleased to hold that the addition towards the undisclosed income needed to be further reduced by rs. 19,000. the learned counsel of the petitioner argued that the assessee-firm had filed an income-tax return on an income of rs. 1 lakh and after the order of the tribunal that amounts stood ..... at rs. 1,11,600. in other words, only difference between the income disclosed by the assessee-firm and as found by the tribunal was .....

income-tax Officer Vs. Branch Manager, State Bank of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2002)255ITR126(Pat.)

..... bank passed on this information to the assessing officer when called upon to do so, under the provisions of sub-section (6) of section 133 of the income-tax act, 1961 (in short the "act"). form no. qa22(1) was not filed by the depositors at the time of making the deposit in the aforesaid branch as contemplated by vol. i ..... . this led the revenue to prefer second appeal to this tribunal under the provisions of section 253 of the said act claiming that the order of the commissioner of income-tax (appeals) is not sustainable under the provisions of the act.2. when the appeal came up for hearing shri s. ghosh, the departmental representative, advanced arguments on behalf of ..... under the provisions of sub-section (1) of section 163 of the said act.hence, furnishing of information, in the absence of filing of the income-tax return, was treated as concealment of income as contemplated by the provisions of section 271(1)(c) of the act and a penalty of rs. 40,262 was imposed vide order dated march 25 .....

Coal Mines Officers' Association of India, A Registered Trade Union Vs ...

Court : Patna

..... source with effect from 1-7-95. a further prayer has been made for a direction to give effect to the provision of section 10(14) of the income tax act, 1961 as amended from time to time and rule 2-bb of the rules framed thereunder. mr. poddar, learned counsel for the petitioner has challenged the aforesaid directions on various grounds, ..... heard learned counsel for the parties and having gone through the pleadings filed on their behalf including the relevant provisions of the income tax act and the rules framed thereunder, we are of the view that the direction issued to deduct the tax at source from retrospective effect i.e. 1-7-1995 is wholly arbitrary, and uncalled for inasmuch as the respondent-employer .....

Mohan Kumar Singh and anr. Vs. State of Bihar

Court : Patna

..... willful attempt to evade tax. the basis of the complaint was that the petitioner submitted returns by concealment of his real income and the same was rejected but the appellate authority under the income-tax act and set aside the findings of the assessing authority and ..... of the single judge of this court has been drawn from the principle enunciated by the apex court in the same matter of concealment of tax as reported in g.l. didwania and anr. v. income tax officer and anr. 1995 supp. (2) scc 724.5. it is true that the present case is on different context but the ..... the act is not maintainable. in support of it, a single bench judgment of this court in prem kumar keshri v. state of bihar (1996) 2 pljr 766 has been referred to. in that case, the prosecution was lodged against the petitioner for the offences under sections 276c and 277 of the income-tax act for concealment of income and .....