Court : Punjab and Haryana
Reported in : (2001)167CTR(P& H)509; [2001]248ITR493(P& H)
..... is a petition for quashing of the notices dated march 4, 2000, issued by the income-tax officer, ward no. 1, sirsa, (respondent no. 1) under section 148 of the income-tax act, 1961 (for short 'the act'), for assessment/reassessment of the income of the petitioner in relation to the assessment years 1993-94, 1994-95 and 1995-96 ..... under (page 477) :'from a combined review of the judgments of this court, it follows that an income-tax officer acquires jurisdiction to reopen an assessment under section 147(a) read with section 148 of the income-tax act, 1961, only if on the basis of specific, reliable and relevant information coming to his possession subsequently, he ..... corporation from where the petitioner-firm had raised loan for construction of building. further, in view of the specific provisions contained in section 292b of the income-tax act, which for the sake of convenience is reproduced below, the proceedings shall not be invalid or deemed to be invalid merely by reason of any omission .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]234ITR235(P& H)
..... holding that the sum of rs. 3,353 received as solatium, did not form part of the consideration for the purpose of working out the capital gains under the income-tax act, 1961 ?2. if the answer to question no. 1 is in the negative, whether the assessee is entitled to the deduction of the value of solatium as on january ..... holding that the sum of rs. 28,810 received as solatium did not form part of the consideration for the purpose of working out the capital gain under the income-tax act, 1961 ?2. if the answer to the first question is in the negative, whether the assessee is entitled to the deduction of the value of the solatium as ..... n.k. agrawal, j.1. the following questions of law have been referred by the income-tax appellate tribunal, amritsar (for short 'the tribunal'), under section 256(1) of the income-tax act, 1961 (for short 'the act') : '(i) question in income-tax reference no. 20 of 1982 (assessment year 1977-78) : 1. whether, on the facts and in the circumstances of the case, the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H426
..... and, therefore, did not bind them, and that their properties could not be sold for the realisation of arrears of tax. referring to section 67 of the income-tax act, it was observed that the assessment were made under the act, and a challenge to the assessments in a civil court was intended to be excluded. neither the decision nor the facts ..... for the first time, a sum due to a committee from any person was made recoverable as arrears of land revenue by section 41(2) of punjab act 23 of 1961. this distinction is material for examining the force of the argument based on the principle inclusion-unius est exclusio alterius-the inclusion of one is the exclusion of ..... government from a market committee and not to sums payable to the latter by any person. it is significant that in the later enactment, punjab agricultural produce markets act (23 of 1961), sub-section (2) of section 41 enacted that besides sums due from a committee to the state government 'every sum due to a committee from any person .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)140CTR(P& H)212; [1997]227ITR873(P& H)
..... as to whether the amendment is retrospective in nature. the clarification relied upon reads thus :'as a consequence of the amendment of section 263 of the income-tax act, 1961, by section 47 of the taxation laws (amendment) act, 1984, the limitation for passing an order under section 263 will, in view of the general principles of interpretation of statutes, stand extended in cases where ..... extracted from i.t.c. no. 49 of 1990.2. in this petition filed under section 256(2) of the income-tax act, 1961, in the case of mrs. manjula sood, ludhiana, for the assessment year 1983-84, the prayer is to direct the income-tax appellate tribunal to refer to this court the question of law as mentioned below, stated to be arising from the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]253ITR12(P& H)
..... april 23, 1999, and december 6, 1999, passed by the income-tax officer, ward-i, gurgaon (respondent no. 3) and the commissioner of income-tax, rohtak (respondent no. 2), declining the petitioner's prayer for payment of interest in accordance with section 244a(2) of the income-tax act, 1961 (for short, 'the act'). the petitioner has also prayed for issuance of a writ in the ..... , 1999, to the date of refund. the relevant extract of that order is reproduced below :'assessment in this case was framed under section 143(3) of the income-tax act, 1961 (for short, 'the act'), on october 7, 1998, and a sum of rs. 26,81,17,075 was recovered from the petitioner as ..... nature of mandamus directing the respondents to pay interest on the amount of tax paid by it in relation to the assessment year 1996-97.2. the facts .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]229ITR216(P& H)
..... referred the question regardingthe validity of the gift to this court for its opinion and the matter is pending in this court. 3. in the assessment proceedings under the income-tax act (for short the 'act'), the assessing officer held that since the gift to yogesh chander and brothers associates was void, the sum of rs. 25,000 received by the donee had to ..... of bonus came to be received by the donee and a sum of rs. 25,000 was also received duringthe relevant assessment years as dividend income on these bonus shares. in proceedings under the gift-tax act, the gift-tax officer held that the gift was void. this finding was affirmed in appeal but in second appeal the tribunal as per its order dated .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1979]120ITR564(P& H)
..... the term 'person' is denned in section 2(31) of the act and it reads as under;'2. (31) ' person ' includes--(i) an individual ..... this matter has come up before us.3. section 4 of the act is a charging section and sub-section (1) thereof reads as under :'4. (1) where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in ..... to the provisions of, this act in respect of the total income of the previous year or previous years, as the case may be, of every person : provided that where by virtue of any provision of this act income-tax is to be charged in respect of the income of a period other than the previous year, income-tax shall be charged accordingly.' 4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]234ITR271(P& H)
..... exercise of its powers under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in upholding the commissioner of income-tax (appeals) order that the assessee is entitled to interest ..... under section 244(1a) of the income-tax act on the amount of rs. 65,281 being preassessment tax paid and found in excess of regular demand after giving effect to the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)191CTR(P& H)378; [2006]283ITR398(P& H)
..... . sud, j.1. assessee has filed this appeal under section 260a of the it act, 1961 (for short 'the act') against the order of the itat, delhi bench 'b', delhi (for short 'the tribunal') dt. 30th may, 2002, whereby appeal of the revenue against the order of the cit(a) dt. 12th may, 1994 has been allowed.2. assessee is a partnership ..... 7. a plain reading of the aforementioned explanation clearly shows that the tribunal was right in holding that even though the rent and hire charges were assessable as business income, 90 per cent of the same had yet to be excluded for computing profits of the business for the purpose of section 80hhc.8. mr. sanjay bansal, ..... for asst. yr. 1992-93, the ao excluded machinery, hire charges and building rent from the business income of the assessee and consequently reduced the claim for deduction under section 80hhc of the act.3. assessee preferred an appeal before the cit(a) who, by following the orders of his predecessors in the earlier years, held that the ao .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)204CTR(P& H)464; [2007]288ITR494(P& H)
..... to constitute a profit and gain derived from the assessee's industrial undertaking the receipts from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under section 80hh of the it act, 1961.5. no substantial question of law arises in appeal. accordingly, the same is dismissed. ..... nahar spinning mills for the asst. yr. 1998-99 wherein it was held that the interest income is business income and not income derived from industrial undertaking. we have no option but to upheld the order of the learned cit(a) as far as the income derived from the business of sale of import licenses received from the government is concerned, the ..... 1. this is an appeal filed by the assessee raising following substantial questions of law, arising out of order passed by the income-tax appellate tribunal, chandigarh bench 'b', chandigarh (for short 'the tribunal'), in ita no. 76/chd/2002 dt. 28th july, 2005, for the asst. yr. 1998-99:(i) whether .....
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