Court : Patna
..... by the respondent whereby and wherein the petitioner's application filed under section 12a of the income-tax act, 1961 (hereinafter referred to as 'the said act'), was rejected. 2. according to the petitioner, it is a society registered under the societies registration act. the certificate of registration is contained in annexure-1 to the writ application. according to the ..... counsel has further submitted that even if there is a profit motive in running the said institution, the same would come within the purview of section 12a of the income-tax act. 10. mr. debi prasad, learned s. c. c. g., on the other hand, submitted that the word 'education' must be confined to the meaning ..... : 'the word 'charitable purpose' must be taken in its technical legal sense unless the contrary intention appears.' 19. in commrs. for special purposes of the income tax v. john frederick pemsel [1891] ac 531, the house of lords laid down a similar rule. 20. however, the supreme court in sole trustee, loka shikshana trust .....
Tag this Judgment!Court : Patna
..... , passed by the respondent whereby and wherein the petitioners application filed under section 12a of the income-tax act, 1961 (hereinafter referred to as "the said act"), was rejected.according to the petitioner, it is a society registered under the societies registration act. the certificate of registration is contained in annexure-1 to the writ application. according to the ..... has further submitted that even if there is a profit motive in running the said institution, the same would come within the purview of section 12a of the income-tax act.mr. debi prasad, learned s. c. c. g., on the other hand, submitted that the word "education" must be confined to the meaning assigned thereto ..... :"the word charitable purpose must be taken in its technical legal sense unless the contrary intention appears."in commrs. for special purposes of the income tax v. john frederick pemsel [1891] ac 531, the house of lords laid down a similar rule.however, the supreme court in sole trustee, loka shikshana trust .....
Tag this Judgment!Court : Patna
..... 51. the supreme court in the case of c. a. abraham v. i.-t. o. : [1961]41itr425(sc) has held that levy designated as penalty under section 2b of the income-tax act, 1922, is in fact a liability to pay additional tax and is imposed in view of the dishonest contumacious conduct of the assessee. their lordships have further held that ..... be exercised judicially and on a considertion of all the relevant circumstances.' 53. while dealing with a similar question again falling in the context of section 28 of the old income-tax act, the apex court in c.i.t. v. anwar ali, reported in : [1970]76itr696(sc) though held the penalty provisions to be penal in nature but at ..... and k. t. moopil nair v. state of kerala reported in : [1961]3scr77 .8. the learned advocate general, on the other hand, submitted that rulcsbcing part of the act, the legislature is empowered to make a provision for imposition of fine for nonpayment of tax. it was further submitted that the said rules are regulatory in nature and rule .....
Tag this Judgment!Court : Patna
..... which had been impounded on august 24, 1992, under the provisions of section 131(3) of the income-tax act, 1961 (hereinafter in short 'the act' only).2. the petitioners are partnership firms registered under the provisions of the act and are engaged in the business of sale and purchase of various agricultural produce either of their own account ..... felt it necessary to retain the books of account for a period exceeding 15 days, as required under the proviso to section 131(3), the commissioner of income-tax accorded his approval permitting the retention of the books of account in question till march 31, 1993, which was duly communicated to the petitioner firms under letter ..... account in question, respondent no. 2 has recorded reasons for doing so. as stated above, the retention has also been duly approved by the commissioner of income-tax for the period till march 31, 1994. therefore, the only question which remains to be considered is as to whether the mere non-communication of the reasons .....
Tag this Judgment!Court : Patna
..... firms which had been impounded on august 24, 1992, under the provisions of section 131(3) of the income-tax act, 1961 (hereinafter in short "the act" only).the petitioners are partnership firms registered under the provisions of the act and are engaged in the business of sale and purchase of various agricultural produce either of their own account ..... felt it necessary to retain the books of account for a period exceeding 15 days, as required under the proviso to section 131(3), the commissioner of income-tax accorded his approval permitting the retention of the books of account in question till march 31, 1993, which was duly communicated to the petitioner firms under letter ..... account in question, respondent no. 2 has recorded reasons for doing so. as stated above, the retention has also been duly approved by the commissioner of income-tax for the period till march 31, 1994. therefore, the only question which remains to be considered is as to whether the mere non-communication of the reasons .....
Tag this Judgment!Court : Patna
..... of the income-tax act, 1961. the respondent is an assessee to income-tax. the revenue prays that the following question formulated in paragraph 1 ofthe petition may be directed to be referred to this court by the income-tax appellate tribunal, patna bench, patna : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was ..... and held that the expenditure so incurred is only a revenue expenditure and affirmed the decision of the commissioner of income-tax (appeals)-i, patna. the revenue filed an application under section 256(2) of the income-tax act before the tribunal to refer the questions of law, which according to it, arose out of the order of ..... a revenue expenditure. we are of the view that no referable question of law arises out of the appellate order of the income-lax appellate tribunal, patna bench, patna. 4. accordingly, we dismiss the petition filed by the revenue under section 250(2) of the income-tax act. there shall be no order as to costs.
Tag this Judgment!Court : Patna
..... receipt from members as gurudakshina. it is also seen that gurudakshina is also received from devotees. the income-tax officer held that gurudakshina received by the assessee is taxable under the provisions of the income-tax act. he computed the income of the assessee in the following figures for the respective assessment years 1967-68 to 1975-76 : ..... 4, 1979, and march 19, 1980, are annexures b-1 and b-2. the revenue took up the matter in appeals before the income-tax appellate tribunal, patna bench. the income-tax appellate tribunalheard and disposed of the appeals for all the nine years by a common order dated october 8, 1980, evidenced by annexure c ..... arose before it in detail and failed to render appropriate findings as to whether gurudakshina received by the respondent-assessee from its members is exempt from income-tax. counsel for the revenue further submitted that the finding of the appellate assistant commissioner was only to the effect that gurudakshina received from the members .....
Tag this Judgment!Court : Patna
..... in directing that registration be allowed to continue to the assessee-firm for the assessment year 1975-76 in view of the declaration under section 184(7) of the income-tax act, 1961 ?' 2. we heard counsel for the revenue and also counsel for the respon-dent-assessee. the entire matter is in a very narrow compass. we are concerned ..... indicated therein and shall be signed by the persons concerned in accordance with sub-rule (5) of rule 22.' 5. under the proviso to section 184(7) of the income-tax act, the firm should, before the specified time, furnish a declaration satisfying section 184(7), proviso, clause (i), in the prescribed form and verified in the prescribed manner. ..... the decision of this court. 4. for understanding the scope of the controversy, it is sufficient if we refer to section 184(7) of the income-tax act, read with rules 22(5) and 24 of the income-tax rules, 1962, which are as follows : 'section 184. (7) where registration is granted or is deemed to have been granted to any .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Patna
..... assessment were also duly disclosed in the documents accompanying the return, viz., the audited trading and p&l account, balance sheet, details of loan accounts giving also their income-tax file numbers thereon, etc. after due consideration of these material on record, the assessment was completed on 30th march, 1987 (annex. 2). it is thus, plain ..... /drafts and the principal amount also repaid by account payee drafts. all these matters were confirmed by the respective creditors who were assessees and had shown their income tax file numbers, etc. the persons from whom loans were obtained had also passed letters owning the transactions. all the facts necessary for the purpose of the ..... it act, 1961'.in paragraph 6, it is further stated thus :"... the ao has taken action under s. 148 of the act in reopening the assessment made under s. 143 of the act in view of the result of subsequent investigation made as detailed in the show cause dt. 7th aug., 1990, vide annex. a. that the return of income .....
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