Judgment Search Results Home > Cases Phrase: income tax act 1961 section 272 omitted Sorted by: recent Court: patna Page 2 of about 422 results (0.258 seconds)

Sheo Nandan Prasad. Vs.The Union of India, and anr.

Court : Patna

..... 1994, passed by the settlement commission (it & wt), additional bench, calcutta, in purported exercise of powers under section 245 d (4) of the income-tax act, 1961, (hereinafter referred to as the act), whereby the order of assessment as per the prescribed procedure has been passed and also orders have been passed for payment of interest. the present writ ..... the facts and circumstances of each case, and by recording reasons in support of the order. he relies on the judgment of the supreme court in commissioner of income-tax v. anjum m.h. ghaswala and others (2001) 252 itr i. he also relies on the relevant circular dated 2.5.1994, which has been issued ..... are concluded by the authoritative pronouncement of the supreme court in commissioner of income tax vs. anjum m.h. ghaswala and others(supra), wherein it has been held that the settlement commission is bound to impose tax in terms of section 139(8)(a) of the act. it can consider the petitioners plea for waiver or reduction in interest .....

Sri Rajendra Mahto. Vs. Sri Ram Nandan Singh, and ors.

Court : Patna

..... agreement of sale became inoperative. in the said notice falsely it was alleged that the plaintiff had no ready money and he did not obtain income tax clearance certificate and did not take steps under ceiling act and further did not furnish draft sale deed. 4. the defendant appeared and filed w.s. the defendants admitted the execution of deed of ..... failed to make payment of rs.1,25,5000/- on or before 30.1.1986. as such the plaintiff committed breach of contract. the plaintiff also neither obtained income tax clearance certificate nor paid rs.1,25,000/- nor gave the draft sale deed.5. further defence is that the scribe and the attesting witnesses were the men of ..... filing of the suit?(iii) is the suit barred by the principle of estoppel, waiver and acquiescence?(iv) is the suit barred under the provisions of spe- cific relief act?(v) are the plaintiffs entitled to decree for specific performance of contract for sale on the basis of baibiyana deed dated 25.10.85? (vi) are the plaintiffs .....

Gopal Rai Khemka, and ors. Vs. State of Bihar, and ors.

Court : Patna

..... demand of tax against the petitioner has finally been set aside and now in the eyes of law, there is no demand further proceedings ..... 409 of the indian penal code read with section 49 of the bihar finance act 1981.5. learned counsel for the petitioners mainly placing reliance on a decision of the apex court in the case of k.c. builders and another v. assistant commissioner of income tax reported in 2004 i.t.r. 562 submitted that since the entire assessment and ..... (hereinafter called the act) read with section 409 of the indian penal code.3. it is admitted case that petitioners deals with paper distribution business and they were assessed to pay some taxes for the assessment years 1999-2002, 2002-2003 and a sum of rs. 2,59,85,947.85 paise was lying due towards the tax assessed by the department .....

Md. Hussaini and ors. Vs. Most. Bibi Amna Khatoon and ors.

Court : Patna

..... of the parties that there is no registered deed executed transferring the land in lieu of dower debt. in a decision reported in : air 1978 pat 197 (the commissioner of income tax bihar v. saeed sadique), the full bench of this court has held that a gift in lieu of dower debt is not a true hiba-bil-ewaz, but really a ..... sale and has to be by registered instrument as required under section 54 of the transfer of property act, if the immovable properties transferred is valued more than rs 100/- in view of the above settled principles of law, even if it is held that the property was given .....

Rajiv Kumar Agrawal S/O Late Arvind Kumar Agrawal and Anjah Kumar Agra ...

Court : Patna

..... and shobha rani, wife of late arvind kumar agrawal but the said acquisition in their names is collusive and with a view to save from ceiling, income tax and wealth tax. some of the properties were gifted to rani devi by late kharag narain or bishundeo narain agrawal were returned to joint family in the name of ..... copies of the documents filed by the contesting defendants came to the conclusion that the claim of the plaintiff is barred by limitation, res judiceta and benami transaction act. the learned court below also found that the property which was self acquired property of bishundeo narayan agrawal was not partitioned in title (partition) suit no. 60 ..... member then court fee is payable and that the coparcener cannot claim the property standing in the names of female as joint property as benami transaction (prohibition) act prohibits the same. the learned counsel further submitted that the plaint can be rejected even after framing of issue and in support of his contention he relied upon .....

Dr. Narendra Prasad Son of Late Medni Prasad Vs. Commissioner of Incom ...

Court : Patna

..... s.k. katriar and kishore k. mandal, jj.1. this batch of five appeals preferred under the provisions of section 260a of the income tax act 1961 (hereinafter referred to as 'the act'), raise common issues of facts and law, and are with respect to the assessment years 1995-96, and 1997-98. dr. narendra prasad, a surgeon in ..... the question should be answered in the affirmative, namely, that the tribunal was justified in holding that the income derived by the radhasoami satsang was entitled to exemption under sections 11 and 12 of the income-tax act of 1961.we must add to the same the unfortunate development during the pendency of the present proceeding that dr. leela ..... which is in violation of the provisions of section 255(4) of the act. he relies on the following reported judgments:(i) : (1953) 23 itr 15 (jan mohammad v. commissioner of income tax)(ii) : (1953) 23 itr 505 (hanutram chandanmul v. commissioner of income tax)he submits in the same vein that it is not permissible for the learned .....

Birla Corporation Ltd. Vs. State of Bihar and ors.

Court : Patna

Reported in : (2009)26VST471(Patna)

..... of rs. 1 lac in the states of rajasthan and jammu and kashmir. with reference to the provisions of section 271(b) of the income-tax act it was submitted that for identical violations, the said act provided a penalty at the rate of per cent of the turnover or rs. 1 lac, whichever was less. it was thus submitted that ..... discharged the onus envisaged under the said provision. in support of his contention learned counsel relied upon a judgment of the apex court in maya rani punj v. commissioner of income-tax reported in : [1987] 65 stc 416 : [1986] 157 itr 330.28. the learned counsel for the respondents concluding his arguments submitted that neither the circumstances warrant any ..... of bihar in its special circle, patna.4. before embarking on the issue raised in the writ petition, it would be relevant to mention that the bihar value added tax act, 2005, a legislation under entry 54, list ii of the seventh schedule to the constitution of india was enacted on june 23, 2005 when it was published in .....

Pawan Kumar @ Pawan Kr. Agrawal Son of Late Chajju Ram and Vs. State o ...

Court : Patna

..... justice to place the matters before a full bench.4. narayan roy j., as his lordship then was, relying upon certain decisions arising under the income-tax act took the view that since the confiscation proceeding had been dropped by virtue of the order passed by the appellate authority, the prosecution under section 7 should ..... upon some decisions of the supreme court or of the patna high court relating to quashing of proceedings under the income-tax act. but, as rightly pointed out by visa j. the provisions contained in the income-tax act being dissimilar, the ratio of the said decision would not have been extended to the prosecution under section 7 ..... view and observed that merely because the confiscation proceeding is dropped, the prosecution launched under section 7 of the act need not be dropped. visa j. by referring to the decisions rendered under the income-tax act, clearly pointed out that the provisions were dissimilar and, therefore, there is no necessity to drop the criminal case .....

Bihar State Co-operative Bank Ltd., a Co-operative Society Registered ...

Court : Patna

..... s.k. katriar, j.1. the assessee has preferred this appeal under the provisions of section 260a of the income tax act, 1961 (hereinafter referred to as the 'act'), whereby his claim for exemption from payment of income-tax on the interest earned on the two items in question has concurrently been rejected by the three authorities. it relates to the ..... tribunal for valid reasons. she lastly submits in the alternative that the matter may be remitted to the learned commissioner of income-tax, inter alia, for the reason that the provisions of the central act have not been considered by him as well as the learned tribunal.7. we have perused the materials on record and ..... from house property does not qualify for deduction under section 80p of the i.t. act as banking business income?(2) whether on the facts and in the circumstances of the case, the income tax appellate tribunal is justified in holding that the interest income of rs. 14,23,316/- earned on investment of reserve fund is not derived .....

Smt. Sharmishtha Sinha Vs. Commissioner of Income-tax and anr.

Court : Patna

Reported in : [2010]321ITR271(Patna)

1. the assessee has preferred this appeal under the provisions of section 260a of the income-tax act, 1961 (hereinafter referred to as 'the act'), challenging the order dated november 7, 2001, passed by the income-tax appellate tribunal, patna bench, patna, in i. t. (ss) a. no. 106/(pat)/1997, for the block period 1986-87 to 1996-97, ..... a situation, it was suspected that such government employees like the present appellant and her husband had also disproportionate assets in their hands.3. the income-tax authorities under the income-tax act conducted a raid in the residence of the appellant and her husband which had gone on from september 27, 1996 to november 19, 1996. ..... this appeal on july 25, 2006 this court had formulated the following substantial questions of law:(i) whether the three requirements envisaged in section 132 of the income-tax act was available for search and seizure ?(ii) whether, during the search any such documents were found for the block assessment ?10. we would first of .....