Court : Punjab and Haryana
Reported in : (1985)44CTR(P& H)46; [1985]154ITR751(P& H)
..... confirmed the order of the appellate assistant commissioner deleting the sum of rs. 37,994 added by the income-tax officer under section 41(1) of the income-tax act, 1961, from the assessment for the year 1969-70?'2. the given amount was treated as income of the assessee by the assessing authority. on an appeal, the aac held that the said amount ..... was not the income of the assessee which order was sustained by the tribunal.3. from; the order of ..... receipt as there was no cessation of liability in that regard and, therefore, the amount could not be brought to tax by invoking the provisions of section 41(1) of the i.t. act, 1961 (hereinafter referred to as ' the act ').6. so the short question that falls for consideration is as to whether the provisions of section 41(1) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1972]83ITR678(P& H)
..... the basis of the amount of rs. 65,500 being a permissible deduction within the meaning of section 10(1) of the act. the department was dissatisfied with this decision and moved an application under section 256(1) of the income-tax act, 1961, and only one question of law has been stated as already referred. the question whether the ..... income of the assessee during the previous year was only rs. 20,000 out of rs. 65,500 was not pressed for a ..... would be another matter if an illegal business is not a business for purposes of the income-tax act. the income-tax act does not let income escape whether that income is out of legitimate business or out of illegal business. the purpose of the act is to catch income, no matter in what manner it is earned.the matter is really not res integra .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1982)26CTR(P& H)51; [1982]138ITR77(P& H)
..... filed this writ petition for quashing the order dated 13th march, 1979, ex. p-3, passed by the commissioner of income-tax refusing to waive the penalty in exercise of his powers under section 273a of the income-tax act, 1961. mr. awasthi, learned counsel for the respondents has very fairly conceded that the order cannot be supported in the writ ..... the petitioner was a partner in the firm, m/s. nauhria ram krishan kumar. this firm was registered under the provisions of the i.t. act. it was assessed to income-tax since the assessment year 1970-71. its registration had been continuously renewed at the instance of its partners. the petitioner was also an assessee since 1970- ..... (1) of section 17. (2) in the case of any person who, in the income-tax officer's opinion, is assessable under this act, whether on his own total income or on the total income of any other person during the previous year, the income-tax officer may, before the end of the relevant assessment year, issue a notice to him and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1996]222ITR450(P& H)
..... rs. 25,000 to the assessee's income was, however, made by the income-tax officer on the ground that quantitative details regarding the sales had not been ..... well as on its own account. assessment was completed by the income-tax officer for the assessment year 1972-73, vide order dated march 29, 1975, on the basis of the returns filed under section 139(1) of the income-tax act, 1961 (for short, 'the act'). the assessee had shown income by way of commission at rs. 51,661. an addition of ..... sales not shown in the books of account. certain addition was, therefore, made for the assessment year 1978-79. the income-tax officer, thereafter, recorded reasons for issuance of notice under section 147/148 of the act, for the assessment year 1972-73, on the ground that the assessee had not disclosed fully and truly all the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H255
..... mind make any difference whether the stock-in-trade was acquired or sold by the assessee in the exercise of its volition.under section 10 of the indian income-tax act, 1922, tax payable is by an assessee under the head 'profits and gains of business' in respect of the profits and gains of any business carried on by him. ..... beopar mandal, new delhi (hereafter referred to as the assessee) under section 66(1) of the indian income-tax act, 1922, this court by order dated 9th january, 1962, directed the tribunal under section 6)6(2) of the said act to refer the following three questions:--'(1) whether on a true construction of the agreement dated the 27th october ..... 31-3-1948. no application having been filed by the assessee for registration of the firm, the assessment was completed by the income-tax officer by applying the provisions of section 23(5)(b) of the said act. between 8th april, 1936 and 8th may, 1936, deshbandhu gupta and vidya dhar purchased various plots of land totalling in all .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H71; [1956]29ITR507(P& H)
..... and not to make any assessment on the basis of the above mentioned entries.the petitioners' case is that proceedings under section 34, income-tax act, cannot be taken because these items of income were covered by the settlement, and initiation of proceedings under this section was not expressly allowed under the settlement, and, therefore, section ..... has held that the high court cannot issue a writ of prohibition against the income-tax officer where he proceeds under section 34, income-tax act against an assessee who objects to his jurisdiction.it was also held in that case that the income-tax officer has to determine the facts and the law to get jurisdiction to proceed ..... . civil writ no. 307-d of 1954 is directed against this notice. similarly, the income-tax officer issued a notice under section 34, income-tax act, to raghubir saran on the same date to the effect that the income assessable to income-tax for the year ending 31-3-1950, had escaped assessment and the proposal sent by the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1991)100CTR(P& H)290; [1991]188ITR550(P& H)
..... filed under section 482 of the code of criminal procedure, 1973, the accused-petitioners seek the quashment of the proceedings instituted by the income-tax authorities for offences under sections 276b and 278b of the income-tax act, 1961, pertaining to the returns filed for 1977-78, 1978-79, 1979-80 and 1980-81, by deliberately showing the payment of ..... the different depositors and the company would be liable for non-deduction of 10 per cent. tax on this amount. this question has to be answered in the negative in view of the provisions of section 194a(1) of the income-tax act, 1961, which reads as under :'any person, not being an individual or a hindu undivided family, ..... who is responsible for paying to a resident any income by way of interest other than income by way of interest on securities, shall at the time of credit .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1990]183ITR438(P& H)
..... sticky loans. in the circumstances, the subsequent realisation by the assessing officer of the mistake committed by him ampunted to 'information disclosed' as contemplated by section 147(b) of the income-tax act, 1961, and the assessing officer had ample jurisdiction to reopen the assessment.8. the implications of the observations in kalyanji mavji and co.'s case : [1976]102itr287(sc) relied upon by ..... ]119itr996(sc) now say that the subsequent realisation by him that he had made a mistake in this regard constitutes 'information' within the meaning of section 147(b) of the income-tax act, 1961, thereby giving him the jurisdiction to reopen the assessee's assessment. inasmuch as the points sought to be raised by the revenue stand authoritatively concluded against it by a decision .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1973]91ITR630(P& H)
..... is liable to be recovered from the mortgaged properties. i, therefore, repel this objection.9. it is nowhere stated in the second schedule to the income-tax act,1961, that the evidence act applies to the proceedings before the taxrecovery officer under rule 11. the objection with regard to the admissibility of the documents filed by the petitioner-bank was ..... in which it has been pleaded that the writ petition is not competent as under rule 11(6) of the rules contained in the second schedule to the income-tax act, 1961, the proper remedy of the petitioner-bank is to file a suit in the civil court to establish the right which it claims to the property in ..... 440.60 plus rs. 3.00 payable by you in respect of certificate no. nil, dated 13-3-68 forwarded by the income-tax officer, jullundur, and the interest payable under section 220(2) of the income-tax act, 1961, for the period commencing immediately after the said date:it is ordered that you, the said khosla engineering co., kapurthala, be and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H1
..... us can be truly answered only when viewed against the larger perspective of the scheme and the provisions of the income-tax act, 1961. it is manifest that the act first prescribes the duty of filing the income-tax return within the prescribed time and then postulates three distinct sanctions for the enforcement of that statutory obligation. these are ..... it would appear that the fountain head for inducing the requirement of mens rea, even in the filed of the levy of pecuniary penalties for a tax delinquency under the income-tax act, 1961, are certain broad and general observations first made in hindustan steel ltd. v. state of orissa : [1972]83itr26(sc) . these observations seem ..... respectfully dissent from all these judgments as well.39. we must, therefore, conclude on larger principle in the light of the broader scheme of the income-tax act, 1961, the specific language of section 271(1)(a) and the weight of precedent; that the doctrine of mens rea is not attracted to the penalty proceedings .....
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