Court : Punjab and Haryana
Reported in : [1981]128ITR225(P& H)
..... in holding that the question involved in this case regarding the charging of interest was not a debatable point and hence beyond the scope of section 154 of the income-tax act, 1961 ?' 5. the petitioner has preferred these cases with the prayer that the said questions, which are questions of law, be got referred to this court for ..... and in the circumstances of the case, thetribunal was correct in ignoring the fact that the return was filed afterthe issue of notice under section 148 of the income-tax act, 1961, whichcontained all the requirements of a notice, issued under section 139(2),including the provision for charging of interest for delay in the filing of thereturn (ii) ..... 2. the assessment years concerned in these cases commenced on 1st april, 1968, and 1st april, 1969. the returns of total income under section 139(1) of the i.t. act, 1961 (hereinafter referred to as 'the act'), had to be filed up to 30th june, 1968, and 30th june, 1969, respectively, but the same were filed only on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1980]46STC494(P& H)
..... pradesh v. guntur tobaccos ltd. [1965] 16 s.t.c. 240 (s.c.), deputy commissioner of agricultural income-tax and sales tax, quilon v. travancore rubber and tea co. [1967] 20 s.t.c. 520 (s.c.), and deputy commissioner of agricultural income-tax and sales tax, quilon v. midland rubber and produce co. ltd. [1970] 25 s.t.c. 57 (s.c.). ..... , punjab, has referred the following question of law to us for our. opinion under section 22(1) of the punjab general sales tax act, 1948 (hereinafter called the act):whether, on the facts and circumstances of the case, the ex parte assessment framed by the assessing authority on best of judgment basis was legally valid if so, ..... so far as the jurisdiction of the assessing authority to frame the best judgment assessment is concerned, the position of law is well-settled. the authority has to act honestly and to give its decision on the basis of some evidence which has been brought to the notice of the assessee in accordance with the principles of natural justice .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1981]129ITR37(P& H)
..... tribunal is right in holding that no default within the meaning of section 271(1)(a) of the income-tax act, 1961, was committed by the assessee and that being so, no penalty was imposable under section 271(1)(i) of the income-tax act, 1961.?' 2. the assessee was a partnership firm. it was reconstituted with effect from march 1, 1972. ..... any default or not. the relevant portion of section 271(1)(a) of the act reads as under: ' 271. (1) if the income-tax officer or the appellate assistant commissioner or the commissioner (appeals), in the course of any proceedings under this act, is satisfied that any person- (a) has without reasonable cause failed to furnish ..... 139. (1) every person, if his total income or the total income of any other person in respect of which he is assessable under this act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall furnish a return of his income or the income of such other person during the previous year in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1981]128ITR270(P& H)
..... for the revenue, has drawn our attention to section 210 (1) and (3) of the act, which read as under:'210. (1) where a person has been previously assessed by way of regular assessment under this act or under the indian income-tax act, 1922 (11 of 1922), the income-tax officer may, on or after the 1st day of april in the financial year, by order ..... in writing, require him to pay to the credit of the central government advance tax determined in accordance with the provisions of sections 207, 208 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1983]144ITR185(P& H)
..... had not disclosed all material facts 'fully and truly' (which were necessary for his assessment within the meaning of section 34(1)(a) of the income-tax act, 1961, and hence the income-tax officer was competent to reopen the assessment under the aforesaid provisions of law. in coming to the above conclusion, the tribunal relied on the decision ..... rs. 35,860 out of deposits in the name of m/s. b.h. singh & co. in the punjab national bank, amritsar, as income of the assessee liable to tax under the indian income-tax act, 1922 ? (iv) whether, by reason of the omission to summon and examine the evidence offered by the assessee by his application dated august 3 ..... of the supreme court in : [1961]41itr191(sc) (calcutta discount co. ltd. v. ito) and the decision of the calcutta high court in : [1972]84itr649(cal) (lakhmani .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1982]133ITR334(P& H)
..... leviable as additions to the income were made by the income-tax authorities on estimate basis ? 2. whether, on the facts and in the circumstances of the case, the appellate tribunal is right ..... case, the appellate tribunal is right in law in holding that though the case fell under the explanation to section 271(1)(c) of the income-tax act, 1961, nopenalty was ..... m.r. sharma, j.1. in this petition under section 256(2) of the i.t. act, 1961 (hereinafter called 'the act'), a prayer has been made that we should direct the income-tax appellate tribunal to refer the following questions of law to us for our opinion :'1. whether, on the facts and in the circumstances of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1981)20CTR(P& H)125
..... rs. 11,000/- imposed u/s 271(1)(c) of the it act, 1961 ?'2. the appl. tribunal decided two appeals of the assessee for the asst. yrs. 1960-61 and 1961-62. the original assessment for the year 1960-61 was completed on 22-3-1965. the assessee was taxed on a total income of rs. 48,022/-. this assessment was, however, set aside by ..... for the asst. yrs. 1960-61 and 1961-62 respectively.5. the assessee went ..... income or had deliberately furnished in accurate particulars (70 itr 369; cit v. khoday eswarsa & sons, : [1972]83itr369(sc) and cit v. n. a. mohamed haneef : [1972]83itr215(sc) .the iac of it did not accept the explanation offered by the assessee and imposed penalties in the sums of rs. 5,600/- and rs. 11,000/- u/s 271(1)(c) of the act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1981]48STC369(P& H)
..... that the principles that have to be considered in income-tax cases on the subject pan materia apply to sales tax cases and the principles enunciated in dhakeswari cotton mills ltd. v. commissioner of income-tax, west bengal [1954] 26 i.t.r. 775 (s.c.), governed the cases under the sales tax act;(2) that if the assessing authority was relying ..... .t.c. 79. it was held therein that in order to claim a deduction, under section 5(2)(a)(ii) of the punjab general sales tax act (hereinafter called the act), on account of sales stated to have been made to registered dealers, the production of the declaration under that section read with rule 26 of the ..... trading company, amritsar, are relevant in law for disallowing deductions claimed ?2. the assessee is a registered dealer under the punjab general sales tax act as well as under the central sales tax act. on 8th december, 1969, the assessing authority framed the assessment for the year 1965-66 against the assessee. the assessee had claimed deductions .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1981)21CTR(P& H)136
..... 20-6-1963. for the delay of about seven months in the submission of the return of income, the ito initiated penalty proceedings u/s 271(1)(a) of the it act, 1961 (hereinafter referred to as the act) and issued a show-cause notice to the assessee. in response to the show-cause notice, the assessee filed a written reply ..... of the case, accepted the explanation offered by the assessee and came to the conclusion that the delay on the part of the assessee in filing the return of income beyond 30-1-1963, was without reasonable cause. the consideration of the fact by the tribunal that the assessee did file applications for extension of time, cannot be ..... facts and circumstances of the case, came to the conclusion that the penalty was not excusable. mr. awasthy, ld. counsel for the revenue, has cited t. venkata krishnaiah & co. v. cit, a. p. : [1974]93itr297(ap) and bipin bihari das & ors. v. the state of bihar & anr. : air1972pat56 , to contend that late submission of application for the extension .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1984]148ITR302(P& H)
..... 1) whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the proviso to section 145(1) of the income-tax act, 1961, was not attracted ? (2) whether, on the facts and in the circumstances of the case, the tribunal was justified in law in deleting the addition of rs. ..... a question is itself a distinct question for the purpose of section 66(1) of the act. that was the view taken by this court in commissioner oj income-tax v. ogale glass works ltd. : [1954]25itr529(sc) and in zoraster and co. v. commissioner of income-tax : [1960]40itr552(sc) , and we agree with it. as the question on ..... the decision of their lordships of the supreme court in cit v. scindia steam navigation co. ltd. : [1961]42itr589(sc) . their lordships, to repel a similar contention as has been raised in this case, observed as follows (at p. 612):' but the appellant contends that while before the income-tax authorities the respondents disputed their liability on the ground .....
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