Judgment Search Results Home > Cases Phrase: income tax act 1961 section 272 omitted Court: patna Page 5 of about 422 results (0.085 seconds)

Pradip Kumar Loyalka Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)63ITD87(Pat.)

..... differ and refer the matter to the hon'ble president of the income-tax appellate tribunal for further appropriate action : 1. whether in the facts and circumstances of the case, the following additions to the assessee's income, as unexplained cash, credits under section 68 of the act, should be confirmed as held by the accountant member or deleted ..... addition would not fall to be made under section 68 of the act and therefore, the case is distinguishable. however, the tribunal observed that it was not disputed that the identity of the party had been established, notice under section 131 was served and the income tax file number was available. apart from issuing 131 notice the assessing ..... was not accepted by the assessing officer. he accordingly made an addition of rs. 87,000 as concealed income of the assessee from other sources. he did not specifically mention section 68 of the act.the addition was confirmed by the cit(appeals) in a brief order and he also did not mention section 68 of the .....

Joint Commissioner of Income-tax Vs. Bihar State Credit and Investment

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)91ITD136(Pat.)

..... -95 on november 25, 1994, claiming total loss of rs. 7,88,35,460. the return was processed under section 143(1)(a) of the income-tax act, 1961 (in short "the act") and disallowance to the tune of rs. 70,000 towards bonus, rs. 7,055 towards epl, dit insurance and employer's contribution to provident fund rs ..... sidbi 2,09,83,719 5,69,35,330 ------------- 23. the assessee appealed to the commissioner of income-tax (appeals) 23 and the latter held that the adjustment made by the assessing officer under section 143(1)(a) of the income-tax act, 1961 was without jurisdiction. he, accordingly, deleted the adjustment made of rs. 5,70,12,385 and ..... also deleted the consequential additional tax. the revenue appealed to the tribunal on the following ground : "whether, on the facts and circumstances .....

Vimla Stores Vs. Commissioner of Income-tax and anr.

Court : Patna

..... of rs. 37,054.2. on december 13, 1995, the assessing officer, sasaram along with six income-tax officers conducted a survey at the business premises of the assessee under the provisions of section 133a of the income-tax act, 1961 (hereinafter referred to as 'the act'). the stock found in the survey was as follows: rs. stock in shop premises 1,28, ..... 114 stock in godown 11,14,687 ------------ total 12,42,801 ------------4. on the basis of sales tax return and cash memos it was found that for ..... answer to the second question is in the affirmative against the assessee and in favour of the revenue and it is held that addition under section 69 of the income-tax act was made on the basis of the material found in the course of survey and it cannot be said to be on mere suspicion, surmises and conjectures.23. .....

Magniram Baijnath Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1996)56ITD97(Pat.)

..... of the cwt(a).11. we have considered the rival submissions carefully. no doubt, two phrases have been used in sub-section (1) of section 5 of the wealth-tax act saying that 'wealth-tax shall not be payable' and also that "and such assets shall not be included in the net wealth". there is also a provision in sub-section (2) where ..... at rs. 9 lakhs and shares of premier irrigation equipment valued at rs. 24,000. these are covered by the exemption provided in section 5(1)(xxiii) of the wealth-tax act, 1957.4. it will be seen that the assessing officer (a.o.) restricted the exemption of assets to rs. 5 lakhs in terms of section 5(1 a) of the ..... with the relevant valuation date; 6. the learned counsel for the assessee first invited our attention to sub-section (1) of section 5 of the wealth-tax act where a phrase has been used "wealth-tax shall not be payable" and also a further phrase "and such assets shall not be included in the net wealth of the assessee". he submitted that the .....

Commissioner of Income-tax Vs. Tata Steel Charitable Trust

Court : Patna

..... : 'whether, on the facts and in the circumstances of the case, the provisions of section 13(1)(c) of the income-tax act, 1961, are applicable and, therefore, the trust income or any part thereof is not exempted under section 11(1) of the said act ?'3. the assessee-trust was created by messrs. tata iron and steel company limited by executing a deed dated march ..... appeal, the appellate assistant commissioner, on appraisal of the evidence on record, came to the conclusion that the trust was a charitable trust and its income was exempt from tax under the act keeping in view the provisions of section 11(1)(a) thereof. the said orders have been affirmed by the tribunal.4. it is not in dispute that the trust deed ..... costs of rs, 1,100 (rupees one thousand and one hundred only) payable by the department to the assessee.13. let a copy of the judgment be sent to the income-tax appellate tribunal, patna bench, patna, in terms of section 260 of the act.s.k. chattopadhyaya, j.14. i agree.

Saurabh Kumar Pandey and Nitish Kumar Pandey Vs. Commissioner of Incom ...

Court : Patna

..... common judgment. 2. the petitioners seek quashing of the notice under section 148 of the income-tax act, 1961, asking them to file return within 30 days of the notice for reassessment on the ground that income chargeable to income-tax for the assessment year 1988-89, had escaped assessment within the meaning of section 147 of ..... , therefore, could not be assessed twice for the same amount. jagdeo pandey there-after filed an application before the deputy commissioner of income-tax, dhanbad range, under section 144a of the act, who issued certain directions to the concerned assessing officer. in the light of the said orders, the assessment was completed on march ..... impugned orders under section 147 or the notices under section 148 of the act. as briefly indicated above, during the pendency of these writ petitions certain orders have been passed by the commissioner of income-tax (appeals) as well as by the income-tax appellate tribunal, patna bench, in the appeals preferred by the petitioners' .....

Commissioner of Income-tax Vs. Justice S.B. Sinha

Court : Patna

..... sachchidanand jha, j. 1. this application under section 256(2) of the income-tax act, 1961 (in short 'the act'), at the instance of the revenue arises out of the appellate order of the income-tax appellate tribunal, 'd' bench, calcutta in i. t. a. no. 136 (patna) of 1992. the petitioner having failed to get the question referred to the ..... high court at ranchi with respect to certain districts, having exclusive jurisdiction in relation to the cases arising within those districts, reference under section 256 of the income-tax act can be made only before that bench or can also be made at the main seat of the high court at patna. this court held that the tribunal ..... of its function, including the places at which the benches shall hold their sitting. in exercise of the powers under section 255(5) of the act the appellate tribunal has framed the income-tax (appellate tribunal) rules, 1963. rule 4(1) of the said rules lays down that a bench shall hear and determine such appeals and applications .....

Kapoor Brothers Vs. Union of India and ors.

Court : Patna

..... writ applications the prayer of the petitioner is for quashing the proceeding initiated by the respondent-joint commissioner of income-tax, special range, ranchi (respondent no. 3) under section 147 of the income tax act, 1961 (hereinafter referred to as the 'act'), for reopening the assessment for the assessment years 1989-90 to 1995-96 including the notices dated 13- ..... 3-2000, issued under section 148 of the act directing the petitioner to file the return for the assessment years ..... was contained in paragraph 2 of the letter of shri bagai was not definite information and it could not be acted upon by the income tax officer for taking action under section 147(b) of the act."3. the case of the petitioner is that the petitioner is a partnership firm which is being assessed for .....

Commissioner of Income-tax Vs. Radhe Shyam Agrawal,

Court : Patna

..... j.1. these references under section 256(1) of the income-tax act, 1961, are at the instance of the revenue. the reference in tax cases nos. 61 and 62 of 1983 in which the assessees are full brothers and members of the bigger hindu undivided family is in the same terms. tax case no. 9 of 1982, is a different case altogether. ..... bench of this court held that the status of an individual assessee governed by hindu law would not automatically change to that of a hindu undivided family under the income-tax act.21. in r. s. chidambaram [1994] 209 itr 531 the assessee along with son obtained property on partition of the bigger hindu undivided family. subsequently, there ..... must consist of at least two male members. (the term 'hindu undivided family' is not defined under the income-tax act and, therefore, must have the same incidents and meaning as the one given to it in the context of the wealth-tax act). having said so the court observed (page 193) : ' the next question is whether the assets which .....

P.K. Haldar and Co. Vs. Commissioner of Income-tax and ors.

Court : Patna

..... could with due diligence have been discovered does not necessarily amount to disclosure within the meaning of section 34(1) of the indian income-tax act, 1922, corresponding to section 147(a) of the income-tax act, 1961, as it stood at the relevant time. 22. to the same effect is the decision of this court in durga sharan udho ..... quashing of the notice dated march 12, 1993, under section 148 of the income-tax act, 1961 (in short, the act), and restraint order against the income-tax officer, ward-ii, ranchi, from making assessment pursuant to notice dated september 1, 1993, under section 142(1) of the act. copies of the said two notices dated march 12, 1993 and september 1, ..... prasad v. cit : [1976]103itr270(patna) , which was the second decision relied upon by mr. moitra. 23. the decisions in ito v. lakhmani mewal das : [ .....