Judgment Search Results Home > Cases Phrase: income tax act 1961 section 272 omitted Sorted by: old Court: patna Page 9 of about 422 results (0.373 seconds)

Mukesh Kumar and ors. Vs. Commissioner of Income Tax and ors.

Court : Patna

..... 245d, have, subject to the provisions of sub-s. (3) of that section, exclusive jurisdiction to exercise the powers and perform the functions of an income-tax authority under this act in relation to the case.(3) notwithstanding anything contained in sub-s. (2) and in the absence of any express direction to the contrary by the settlement ..... placed before it, there is no legal bar in giving due regard to the result of the proceedings under the it act, 1961'.thus, only on the ground that some proceeding is pending under the act and there is a chance of success of the assessee, the criminal prosecution cannot be quashed against the assessee.10. ..... disposed of by this common judgment. in both the cases, the petitioners have challenged the order taking cognizance under ss. 276c and 277 of the it act, 1961 (hereinafter referred to as 'the act'), passed by the presiding officer, special court for economic offences, bihar, muzaffarpur, on 6th march, 1992, and 28th february, 1992, respectively.the .....

Rajendra Prasad and Co. Vs. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD142(Pat.)

..... and to avoid absurdity.12. the question, therefore, arises as to what was the intention of the parliament. the word "intimation" has been used for the first time in the income-tax act by virtue of the amendment to the scheme of assessments w.e.f. 1-4-1989. since it is a new word, it is evident that its meaning will be ..... (1)(a)(i) is not an `order' within the meaning of section 263 and is hence not revisable.the word "intimation" has been used for the first time in the income tax act by virtue of the amendment to the scheme of assessments with effect from 1-4-1989. since it is a new word, it is evident that its menaing will be ..... passed by the assessing officer was erroneous in so far as it was prejudicial to the interest of the revenue. according to her, this was an essential feature of the act and brought balance to the working of the income-tax act. if an interpretation was given that section 263 was not applicable to an intimation under section 143(1)(a)(0 of the .....

Commissioner of Income-tax Vs. Tiwary Bechar and Co. Ltd.

Court : Patna

..... replacing the same by the word 'imposition'. '(1) whether the tribunal was correct in holding that for the purpose of imposition of additional income-tax under section 104(1) of the income-tax act, 1961, the distributable surplus should be calculated with reference to the profit as per profit and loss account.'7. learned counsel appearing for the revenue ..... order of this court, read as follows : '(1) whether the tribunal was correct in holding that for the purpose of computation of additional income-tax under section 104(1) of the income-tax act, 1961, the distributable surplus should be calculated with reference to the profit as per profit and loss account (2) whether the tribunal was correct in ..... , c.j.1. these two references are before us by virtue of an order passed by this court under section 256(2) of the income-tax act, 1961 (hereinafter to be called 'the act'), on july 28, 1973. the assessee is the same in both the cases. the questions of law referred to this court are also common .....

Ajay Construction and Muzaffarpur Properties Private Ltd. Vs. Union of ...

Court : Patna

..... before it, came to the conclusion that the department had failed to give notice to the petitioner before passing the order under section 132(5) of the income-tax act, 1961, and that such an order passed without any notice to the petitioner was in violation of the principles of natural justice and had to be set aside. ..... property. section 269ud, however, did not contemplate the rejection of any statement by the appropriate authority. there was no provision in chapter xx-c of the income-tax act, 1961, which enabled the appropriate authority to create a situation whereby the government neither decided to purchase the property nor issue a certificate under section 269ul(3). if ..... an order would not be subject to the limitation prescribed by law. in the aforesaid case an order was passed under section 132(5) of the income-tax act by the income-tax officer seizing an amount from the petitioner. it was not in dispute that the aforesaid order had been passed within the period of 90 days prescribed .....

1) Ajay Construction (C.W.J.C. No. 6734 of 1994) (2) Muzaffarpur Prope ...

Court : Patna

..... before it, came to the conclusion that the department had failed to give notice to the petitioner before passing the order order section 132(5) of the income-tax act, 1961, and that such an order passed without any notice to the petitioner was in violation of the principles of natural justice and had to be set aside. ..... property. section 269ud, however, did not contemplate the rejection of any statement by the appropriate authority. there was no provision in chapter xx-c of the income-tax act, 1961, which enabled the appropriate authority to create a situation whereby the government neither decided to purchase the property nor issue a certificate under section 269ul(3). if ..... an order would not be subject to the limitation prescribed by law. in the aforesaid ease an order was passed under section 132(5) of the income-tax act by the income-tax officer seizing an amount from the petitioner. it was not in dispute that the aforesaid order had been passed within the period of 90 days prescribed .....

Indian Builders Vs. Commissioner of Income-tax and ors.

Court : Patna

..... k. banerjee, had wilfully and deliberately attempted to evade tax liability by furnishing inaccurate particulars of income and making false verification in the return of income. thus, the accused made itself along with its partners liable to be prosecuted under sections 276c and 277 of the income-tax act, 1961.' 3. the special magistrate took cognizance and summoned the ..... as the appeal was sub judice before the tribunal and, consequently, the allegations in the complaint constitute no offence under sections 276c and 277 of the income-tax act. 4. the tribunal disposed of the appeal by order dated december 15, 1993 (annexure 10). the appeal was partly allowed. the supreme court in ..... , did not dispute the defect in maintenance of accounts. but it was submitted that the accounts have been statutorily audited under section 44ab of the income-tax act. in the previous year, depreciation had been allowed. the tribunal noticed that the assessee in the first instance filed a return showing a loss of .....

Bindesh Kumar Singh Vs. the State of Bihar and ors.

Court : Patna

..... fact and reality and in the natural course of things is possessed of it. that may amount to extending the fiction by importing another fiction. (see commissioner of income-tax v. moon mills ltd., : [1966]59itr574(sc) . if the object was not to divest the authority or the interest which was possessed by the managing ..... or conveyances for registration, to admit execution and receipt of consideration before the sub-registrar.and i hereby agree to ratify and confirm all whatever other act and acts my said attorney shall lawfully do, execute or perform or caused to be done, executed or performed in connection with the sale of the said property ..... , questioned the propriety of initiation of certificate proceeding in respect of 'unascertained' sum or money. he referred to various provisions of chapter v of the cooperative act dealing with audit, inspection and enquiry and contended that in the fitness of things the administrator should have got the account audited, enquiry held and inspection made .....

Jamshedpur Engg. and Machinery Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)53ITD227(Pat.)

..... the cessation was not final.14. we have considered the rival submissions carefully. the assessing officer has not specified the provisions of income-tax act, 1961 under which the addition was being made by him. thereafter in the assessee's letter submitted to the cit(a), an extract from which has been reproduced above, it was stated that section 41(1) of the ..... by the high court that since appeals were pending before the supreme court, liability was not finally extinguished so as to treat refund receipt as income liable to tax under section 41(1) of the act. at a first glance it may look as if the amount of excise duty actually paid was still treated as trading liability. however, ..... the assessee. we hold accordingly that it will be deemed to be the income under the head "business or profession" under section 41(1) of the act in the year of receipt, that is, assessment year 1987-88. for these reasons, the order of the cit(a) is confirmed and the assessee's grounds of appeal are rejected.24. .....

Commissioner of Income-tax Vs. Baidyanath Prasad Agrawal

Court : Patna

..... references are at the instance of the revenue, referred by the income-tax appellate tribunal under section 256(1) of the income-tax act, 1961, for decision of this court.2. the common question of law that arises in these two cases for the two assessment years 1979-80 and 1980-81 reads as follows : ' ..... whether, on the facts and in the circumstances of the case, the tribunal is right in law in holding that the share income of the minor sons ..... admitted to share the profits only and in which their respective fathers are partners in their representative capacities as kartas of the hindu undivided families are not includible in the income of the assessee in terms of section 64(1)(iii)?'3. the tribunal for answering the question in favour of the assessee placed reliance on the andhra pradesh high court .....

Arun Kumar JaIn Vs. State of Bihar and ors.

Court : Patna

..... above conclusion from the judgment of the supreme court in : [1959]35itr400(sc) wherein the learned judges while construing the words 'previous year' defined in income-tax act, 1922 as per section 2(11) vis-a-vis 'six previous years' occurring in proviso to section 2 (6a)(c) in the same ..... impediment'in the subject or context in accepting the main first contention of the learned counsel for the appellant. we have extracted relevant section 4(1) of the act. it contemplates the appointment of the superintendent of survey', (hereinafter referred to as 'the superintendent'). the later portion to sub-section (1) of section 4 enables ..... was of the view that the earlier notification appointing fourth respondent as superintendent of surveys stands superseded by the later notification in view of section 4 of the act which contemplates appointment of 'a superintendent of survey' while in the case of assistant superintendent of survey providing for one or more assistant superintendents of survey.9. .....