Court : Patna
..... those notices and hence her case was also hit by proviso (i) to sub-section (1) of section 15 of the act.6. the assessee then went in appeal before the income-tax appellate tribunal where her claim was allowed by order dated march 9, 1981. the appellate tribunal set aside the orders imposing penalty against ..... the tribunal correct in law in setting aside the penalty under section 18(1)(a) of the wealth-tax act in toto, even though the assessee was entitled to immunity under section 15(5) of the voluntary disclosure of income and wealth ordinance, 1975, in respect of only the wealth disclosed under the scheme ?'10. mr. vidyarthi ..... the assessment year 1971-72. against these orders the petitioner filed appeals before the appellate assistant commissioner of income-tax, ranchi bench, ranchi. she assailed the imposition of penalty, claiming immunity under section 15(1) of the voluntary disclosure act, 1976. the appellate authority, by his order dated march 14, 1980, rejected the appeals. he held .....
Tag this Judgment!Court : Patna
..... the assessment years 1975-76, 1976-77 and 1977-78 has come up for the opinion of this court on a reference made under section 256(1) of the income-tax act, 1961, at the instance of the revenue giving rise to these three cases constituting this batch. 2. the question of law which has come to this court for its opinion ..... , the controversy in this case is concluded by a finding of fact which does not warrant any interference by this court in a reference made under section 256 of the income-tax act,11. we, accordingly, answer the question in the affirmative, that is to say, in favour of the assessee and against the revenue. 12. let a copy of ..... 7. according to mr. vidyarthi, these were the basic facts which would conclusively determine that the two partnership-firms were one and the same for the purpose of income-tax and no other incidental facts and circumstances could detract from this position. learned counsel in support of his submission relied upon a decision by the supreme court in the .....
Tag this Judgment!Court : Patna
..... two questions of law for its opinion : ' (i) whether, a revised return can be filed when a return has been filed under section 139(4) of the income-tax act, 1961 (ii) if the answer to the above question is in affirmative, whether the assessment made on the basis of the return filed by the assessee on march 21, 1978 ..... we may reproduce instruction no. 888, and the opinion of the ministry of law, which formed part of this instruction ;- xx/1/97 -- returns of income filed under section 139(4) of the income-tax act, 1961--whether can be revised under section 139(5)--whether extended time limit under section 153(1)(c) be available in respect of such returns of ..... regarding. a question has been raised as to whether a person who has filed a belated return of income under section 139(4) of the income-tax act, 1961, is entitled thereafter to file a revised return of income under section 139(5) of the act. a related question is whether in such a case the time limit for completion of assessments laid .....
Tag this Judgment!Court : Patna
..... a show-cause notice is a condition precedent before charging the interest under sections 139(8) and 217 of the income-tax act, 1961 ? 2. whether, on the facts and circumstances of the case, the tribunal is justified in deleting the interest charged by the income-tax officer ?' 2. the assessee was assessed in the status of an unregistered firm for the assessment year 1977- ..... 1. at the instance of the revenue under section 256(1) of the income-tax act, 1961 (for short, 'the act'), the appellate tribunal, patna bench, patna, has referred to this court the following questions for its opinion pertaining to the assessment year 1977-78 : ' 1. whether, on the facts ..... reason for the levy and the circumstances in which it is imposed, it is clear that interest is levied by way of compensation and not by way of penalty. the income-tax act makes a clear distinction between the levy of a penalty and other levies under that statute. interest is levied under sub-section (8) of section 139 and under section .....
Tag this Judgment!Court : Patna
..... tribunal has referred the following questions of law pursuant to the order of this court for its opinion under section 256(2) of the income-tax act, 1961, at the instance of the revenue :' (1) whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding ..... the order of the appellate assistant commissioner, who deleted the penalty under section 271(1)(c) of the income-tax act by wrongly putting the onus upon the department ?(2) whether, on the facts and in the circumstances of the case, the deletion of penalty under section 271 ..... )(c), as it originally stood was as follows ;' if the income-tax officer or the appellate assistant commissioner, in the course of any proceedings under this act, is satisfied that any person . . .(c) has concealed the particulars of his income or deliberately furnished inaccurate particulars of such income,he may direct that such person shall pay by way of penalty .....
Tag this Judgment!Court : Patna
..... in cancelling the penalty of rs. 15,218 imposed under section 271(1)(c) of the income-tax act, 1961 ?' 2. as to what are the facts in the case we may refer a portion of paragraph 2 of the case sent by the tribunal. 'the assessee is a ..... 000 did not relate to the year under consideration. as the returned figure was less than 80 per cent. of the assessed figure, the income-tax officer started penalty proceeding under section 271(1)(c) of the income-tax act, 1961, and asked the assessee to explain as to why it should not be penalised. the assessee replied that the aforesaid difference arose merely because ..... tribunal at the instance of this court on an application filed under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'), referred the following question of law for the assessment year 1977-78 : 'whether, on the facts and in the circumstances of the case, the tribunal was right in law .....
Tag this Judgment!Court : Patna
1. at the instance of the revenue, this court under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'), on an application for the assessment year 1979-80, asked the tribunal to refer the following question to this court for its opinion : 'whether, on the facts and in the ..... and ice boxes, etc. it had claimed rs. 29,55,813 as depreciation under section 32(1)(ii) of the act, which was allowed 100 per cent., as the purchase price of each bottle was less than rs. 750. the income-tax officer held that the bottles could not be equated with plant and depreciation could not be allowed, as claimed by the ..... constitute plant within the meaning of section 43(3) of the act and as such the assessee was entitled to depreciation at 100 per cent. reference to the delhi high court decision, cit v. national air products ltd. : [1980]126itr196(delhi) which finds mention in the order of the commissioner of income-tax (appeals) also supports the aforesaid view. then mr. pawan kumar .....
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..... law, for the assessment years 1974-75, 1975-76 and 1976-77 have been referred to this court for its opinion, by the income-tax appellate tribunal, patna bench, patna, under section 27(1) of the wealth-tax act, 1957 : ' 1. whether, on the facts and in the circumstances of the case, the assessee is entitled to the benefit of ..... as to when the assessment for the aforesaid three years under section 16(3) of the wealth-tax act by the wealth-tax officer was made. however, the appellate order is dated march 31, 1983, which is by the appellate assistant commissioner of income-tax. the order of the tribunal is dated november 13, 1984. we have mentioned these dates ..... to show that when these proceedings were being conducted, sub-section (4) of section 7 of the wealth-tax act was in force.5. mr. rastogi, learned counsel for the assessee .....
Tag this Judgment!Court : Patna
..... following questions for the assessment year 1979-80 : ' 1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in deleting the penal interest imposed by the income-tax officer under section 139(8) of the income-tax act, 1961 ?2. whether the charging of interest on account of delay in filing the return under section 139(8) of the ..... income-tax act which is in the nature of compensation is illegal if no show-cause is given ?3. whether, on the facts and in .....
Tag this Judgment!Court : Patna
..... to the british oxygen co. ltd., london, in pursuance of the agreement dated october 1, 1959, was a permissible deduction under section 37(1) of the income-tax act, 1961,' the court held that it was nothing but revenue expenditure. the court noted that the high court after examining the various clauses in the agreement between the assessee ..... tribunal, patna bench, patna, drew up a statement of case as directed by the high court in proceedings under section 256(2) of the income-tax act, 1961 (for short, 'the act'), for the assessment years 1974-75, 1975-76 and 1976-77. a common statement for six cases, three at the instance of the revenue and ..... when collected together constituted a book on which depreciation, as in the case of plant and machinery, would be allowable at the appropriate rate. he directed the income-tax officer to allow the depreciation claimed. the revenue appealed to the appellate tribunal which was of the view, after examining the relevant terms of the agreement, that .....
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