Judgment Search Results Home > Cases Phrase: income tax act 1961 section 272 omitted Court: patna Page 4 of about 422 results (0.132 seconds)

Gauri Shankar Prasad and ors. Vs. Union of India (Uoi) and ors.

Court : Patna

..... of.2. five different complaint case have been lodged against the present petitioner for having committed the offence under section 276c of the income tax act, 1961 (in short 'the act'). in all these criminal case the learned special judge, economic offences, patna had passed an order taking cognizance of the offence under ..... cases where lodged against the assessees (opposite party) under the income tax act before metropolitan magistrate for offences punishable under the said act. in relation to the assessments arising under the act, appeals were preferred either before the commissioner of income tax (appeals) or the income tax appellate tribunal. on the basis of the fact that those appeals ..... immovable assets and unexplained deposits in the bank accounts. the penalty imposed on the petitioner under section 271(1)(b) of the act have been confirmed by the commissioner income tax (appeals) ii, patna vide his order dated 29-2-2000. the other allegations made in the petition have also been denied .....

State Bank of India Vs. Tax Recovery Officer and ors.

Court : Patna

..... any, the order shall be conclusive.' from a comparative reading of the above provisions it would appear that while rule 11(1) and (2) of the second schedule to the income-tax act correspond to rule 58 of order 21, civil procedure code, rule 11(3) corresponds to rule 59, rule 11(4) corresponds to rule 60, rule 11(5) corresponds to rule 61, ..... and rule 11(6) corresponds to rule 63 of order 21 of the civil procedure code. the provisions of rule 11 of the second schedule to the income-tax act, therefore, have to be interpreted in the same manner as the erstwhile provisions of rules 58 to 63 of order 21, of the code of civil procedure and there cannot ..... to be illegal or arbitrary. 5. mr. kameshwar prasad, learned counsel for the petitioner, submitted that in terms of the provisions of rule 11 of the second schedule to theincome-tax act, 1961, where any claim is preferred or objection is raised to the attachment or sale of any property in execution of a certificate, the .....

Union of India (Uoi) Vs. Sharad Kumar

Court : Patna

..... the case of the petitioner, the opposite party is one of the partners of birsa live stock feeds and additives and a search under section 132 of the income-tax act, 1961, was conducted in the case of sanwin pharmaceu-ticals and during such search some documents pertaining to the assessee were seized and notices were sent to all the ..... the assessee accused to comply with the notice under section 158bc read with section 158bd and under section 142(1) of the income-tax act, the assessment under section 144 of the income-tax act was made and the amount of tax payable by the firm was determined at rs. 2,42,31,471. the further case of the petitioner is that during ..... but no response was received from them, and complaint case was instituted for the offence against the firm and its partners under sections 276c, 277 and 278 of the income-tax act on december 24, 1999 (annexure 1). the prayer of the opposite party for regular bail was rejected by the second additional sessions judge, patna, on march 28, .....

Commissioner of Income-tax Vs. Quality

Court : Patna

..... 1. this reference under section 256(1) of the income-tax act, 1961, is at the instance of the revenue. the questions of law referred to this court for its opinion are as follows : '1. whether, on the facts and in the circumstances ..... should have indicated in the order as to underwhat provision the interest was being levied because interest is chargeable under section 139(8) as well as other provisions of the income-tax act. wedo not find any substance in this contention. it is well-settled, followingthe decision of the supreme court referred to above, that levy of interestis a part of the assessment ..... that the writ petitions were filed before the andhra pradesh high court challenging the notices levying interest under section 139(8) of the income-tax act. the high court had held that the provisions of rule 117a of the income-tax rules imply that opportunity should be given to the assessee to show cause why no interest should be levied and as in the case .....

Dhanaraj Singh and Co. Vs. Commissioner of Income-tax and anr.

Court : Patna

..... for the years 1983-84, 1984-85 and 1985-86 are sought to be reopened by the issue of a notice under section 148 read with section 147 of the income-tax act, 1961. the previous years relevant for the assessment years ended on march 31, 1983, march 31, 1984, and march 31, 1985. the writ applications relating to these c. w. j. c ..... 1992, respectively. it is common ground that the notices under section 148 read with section 147 of the act were issued more than four years after the end of the assessment years. it is also common ground that section 147(a) of the income-tax act, 1961, as it stood at the relevant time, is applicable in this batch of three cases. a perusal of ..... is incorrect. the show-cause notice dated august 7, 1990, received by the petitioner on august 8, 1990 contained the reasons for reopening the assessment under section 147 of the income-tax act, 1961.' 7. in paragraph 6, it is further stated thus : '. . . . the assessing officer has taken action under section 148 of the .....

Commissioner of Income-tax Vs. Brijnandan Prasad and Sons

Court : Patna

..... reference under section 256(1) of the income-tax act, 1961, is at the instance of the revenue. the question of law referred to this court for its opinion runs as follows : ' whether, on the facts and in the circumstances of the case, the tribunal is right in law in holding that the incomes of the two firms having seven common ..... nadar : [1995]212itr592(sc) .4. the above decision, as would appear, has been rendered in the context of the provisions of the indian partnership act. so far as the income-tax act is concerned, as rightly pointed out by mr. pawan kumar on behalf of the assessee, although a partnership firm may not have a juristic entity like a ..... to include, amongst others, a firm as well. there cannot, thus, be any doubt that a firm has a separate assessable entity for the purpose of taxation under the income-tax act. it would be useful to quote the observations of the supreme court in state of punjab v. jullundur vegetables syndicate [1966] 17 stc 326 as hereunder (at page .....

Takshila Educational Society Vs. Director of Income-tax (investigation ...

Court : Patna

..... the validity of the provisions were challenged and the supreme court observed that the provisions relating to search and seizure in section 132 of the income-tax act, 1961 and rule 112 of the income-tax rules, 1962, do not violate the fundamental rights enshrined under article 19(1)(f) and (g) of the constitution of india. the restrictions ..... seth brothers : [1969]74itr836(sc) , the action taken under section 132 of the income-tax act, 1961, was taken up for consideration. the supreme court observed that since by the exercise of the power under section 132 of the income-tax act, 1961, a serious invasion is made upon the rights, privacy and freedom of the taxpayer, the ..... . garg, j.1. 'pursuant to warrant of authorisation issued by the director of income-tax (investigation), patna, dated april 30, 2003, search and survey operations under sections 132(1) and 133a(1) of the income-tax act, 1961 (hereinafter referred to as 'the act')/ were carried out on may 8, 2003, at patna, delhi and pune in .....

Commissioner of Income-tax Vs. Lawly Enterprises (P.) Ltd.

Court : Patna

..... simply like any other building and it cannot be treated as plant. he also pointed out that in the new classification brought into force following the amendment of the income-tax act, 1961, with effect from april 2, 1987, hotels have been classified under 'buildings' and this, according to learned counsel, was sufficient indication that hotel building should ..... hotel building ? (ii) whether, on the facts and in the circumstances of the case, the hotel is a plant within the meaning of section 43(3) of the income-tax act, 1961 ?' 3. for the other assessment years, however, the same question of law was formulated into a single unified question (see t. c. no. 1 of 1991 ; ..... constituting one batch have come to this court on reference made by the income-tax appellate tribunal, patna bench, patna, under section 256(1) of the income-tax act, 1961. these references cases arise from assessment proceedings concerning the same assessee but relating to different assessment years from 1979-80 (t. c. no. 9 .....

Commissioner of Income-tax Vs. Tiwary Bechar and Co. Ltd.

Court : Patna

..... replacing the same by the word 'imposition'. '(1) whether the tribunal was correct in holding that for the purpose of imposition of additional income-tax under section 104(1) of the income-tax act, 1961, the distributable surplus should be calculated with reference to the profit as per profit and loss account.'7. learned counsel appearing for the revenue ..... order of this court, read as follows : '(1) whether the tribunal was correct in holding that for the purpose of computation of additional income-tax under section 104(1) of the income-tax act, 1961, the distributable surplus should be calculated with reference to the profit as per profit and loss account (2) whether the tribunal was correct in ..... , c.j.1. these two references are before us by virtue of an order passed by this court under section 256(2) of the income-tax act, 1961 (hereinafter to be called 'the act'), on july 28, 1973. the assessee is the same in both the cases. the questions of law referred to this court are also common .....

Fourth Income-tax Officer Vs. Karimia Trust

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1993)45ITD63(Pat.)

..... the assessee. such differential amount would normally arise in the case of income from business because the income has to be computed for the purpose of assessment under the income-tax act which allows deductions from income only as per the provisions of the income-tax act irrespective of the accounting principles governing the profits disclosed as per the books of account and ..... act of 1961 as far as the right of appeal against the validity of ex parte assessment is concerned. under the act of 1922, the aggrieved assessee had the remedy to file petition under section 27. in the same ..... to challenge it by filing petition under section 146. my learned brother has also stated that there is change in the appellate procedure under the act of 1961 as compared to the act of 1922 in this connection. in my opinion there is absolutely no change in the appellate procedure brought about by the .....