Judgment Search Results Home > Cases Phrase: income tax act 1961 section 272 omitted Sorted by: recent Court: patna Page 7 of about 422 results (0.094 seconds)

Pratap H. Desai and ors. (Huf) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2008)116TT(JP.)at957

..... provisions of section 139 of the it act, 1961, and such loss has to be determined, and unless such loss is determined the benefit of carry forward and ..... court in the case of k.v.k. raju (huf) v. cit . headnotes of the said decision read as under: the scheme of the it act, 1961, itself shows that any person, who would like to have the benefit of carry forward of the loss and set off against the income in the subsequent years, has to file a return as contemplated under the ..... has failed to appreciate that set off and carry forward of losses determined in earlier years have to be given effect to while computing the income as per provisions of the it act. (iii) for that the learned cit(a) has erred in not adjudicating the grounds regarding charging of interest under sections 234b and 234d amounting to rs. 1,86,331 and .....

Kit Kat Restaurant and Bar and ors. Vs. Assistant Provident Fund Commi ...

Court : Patna

..... it, it confirmed what ex facie was a nullity for reasons aforementioned.13. again in the case of calcutta discount co. ltd. v. income tax officer, companies district i, calcutta reported in : [1961]41itr191(sc) delivering the majority judgment, justice k.c. das gupta at paragraph 27 hold, as follows:it is well settled however that ..... been arrived as against the petitioners. the authorities in this manner have assumed jurisdiction in the matter by arriving at a determination of the applicability of the act to the petitioners.10. this court also finds substance in the submission of the petitioners that the order is non-speaking in nature. there is no ..... imposed restriction by the writ court shall not operate.7. in the present case, the authorities were required to determine the factual question of applicability of the act to the petitioners. a determination made in accordance with law would leave the petitioners with the only remedy of a statutory appeal. but, when the determination itself .....

Smt. Nirmal JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2008)112ITD164(Pat.)

..... therefore, the provisions of section 44ab or section 44ad would not be applicable in that case. therefore, there is no question of getting the accounts audited when he is claiming income at a rate less than 8 per cent.4. against this, the learned departmental representative submitted that the case of the assessee falls under expln. (ii) to section 44ad ..... contractor and it should be an integral part of civil contract work, only then an activity of works contract can be brought within the mischief of section 44ad of the act. as a result, we hold that the assesseo was under a bona fide belief that his case will not fall within section 44ad and, therefore, he was not ..... there was a failure on the part of the assessee to get the accounts audited, a penalty of rs. 15,808 was levied. this was confirmed by the learned cit(a).3. against this, the learned authorized representative of the assessee submitted that the assessee is not a civil contractor as he is only using a mobile crane for loading .....

Medivet and ors. Vs. the Commissioner of Income Tax and anr.

Court : Patna

..... of cognizance that the learned judge after being satisfied that prima facie case has been made out, took cognizance under sections 267c, 277 and 278 of the income tax act, 1961. the impugned order of cognizance indicates application of judicial mind and satisfaction of learned judge.7. in the facts and circumstances of the case, at present this ..... by which he has issued processes against the petitioners and other for facing trial for the offences punishable under sections 276c, 277 and 278 of the income tax act, 1961 (in short as act)2. it is said that petitioner no. 1 is a partnership firm of which petitioner no. 2 sri sarad kumar is one of the partners. ..... required by this court.5. now coming to the argument of petitioners' counsel this court finds that the pendency of assessment appeal or other proceedings under the income tax act by itself does not preclude the department from launching a prosecution. the criminal court in an appropriate case however, may stay the proceedings in view of .....

Deputy Commissioner of Income Tax Vs. Dipesh Chandak, Dipesh Chandak

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2007)110TT(JP.)at366

..... by the assessee having been established to be of the state's exchequer cannot be treated as income of the assessee in view of section 2(24) chargeable to income-tax under section 4 of the it act, 1961, and cannot form the basis of computing the total income in terms of sub-section (45) of section 2 r/w section 5 of the ..... sum recovered from the recipients, the assessee having already admitted the fraud, can be considered as income within the meaning of sub-section (24) of section 2 chargeable to income-tax under section 4 of the it act, 1961 and can form the basis of computing the total income in terms of sub-section (45) of section 2 r/w section 5 of the ..... already identified the recipient of money and recovered the amount, cannot be considered as income within the meaning of section 2(24) chargeable to tax under section 4 and this cannot form the basis of computing total income as per section 2(45) r/ws. 5 of it act, 1961. (g) that the recoveries of defrauded funds are based on the claim of .....

Komal Tiwary Vs. the State of Bihar and ors.

Court : Patna

..... superior tribunal or court. in fact, it would be desirable that in cases arising under customs and excise laws an independent quasi-judicial tribunal, like the income-tax appellate tribunal or the foreign exchange regulation appellate board, is set up which would finally dispose of appeals and revision applications under these laws instead of leaving ..... of reason but it was hardly satisfactory. he did not deal in his order with the arguments advanced by the appellants in their representation dated 8th december 1961 which were repeated in the subsequent representation dated 4th june, 1965. it is not suggested that the collector should have made an elaborate order discussing the ..... of laws 'there is nothing like unfettered discretion immune from judicial review-ability'. the executive, no less than the judiciary, is under a general duty to act fairly. indeed, fairness founded on reason is the essence of the guarantee epitomized in articles 14 and 16(1).11. it is thus manifest on a perusal .....

Indian Oil Corporation Limited and anr. and Harinagar Sugar Mills Limi ...

Court : Patna

..... the karnataka high court in netley 'b' estate v. assistant commissioner of agriculture income-tax : [2002]257itr532(kar) . the submission of dr. pal appears to be well-founded on both counts. i, accordingly, hold that the amending and validating act 11 of 2003 was bad, both on account of giving a retrospective effect ..... . hansa corporation : [1981]1scr823 considered the very issue in paragraphs 24 to 27 of the judgment. on closely examining the earlier decisions of the court in atiabari : [1961]1scr809 , automobile transport (rajasthan) ltd. : [1963]1scr491 and khyerbari tea co. ltd. v. state of assam : [1964]5scr975 , following conclusion was recorded in ..... of the bihar trade development fund and the issuance of the notification under section 4(2) of the act squarely brought the levy of entry tax within the concept of compensatory tax as propounded by the supreme court in atiabari : [1961]1scr809 and as enunciated in the later decision in automobile transport (rajasthan) ltd. : [1963]1scr491 .....

The Municipality Commissioner Vs. Manu Prasad and ors.

Court : Patna

..... .51 is valid and whether the plaintiffs have exercised their option of the covenant and is entitled for renewal of lease?(x) whether notices under section 377 bihar and orissa act, and under section 80 c.p.c. have been served on defendants validity and legality?(xi) are the plaintiffs entitled to any relief or reliefs, if so, to what extent .....

Sanjeev Kumar Dwivedi Vs. State of Bihar and ors.

Court : Patna

..... muchless, under constitutional set up. i may only remind of what was said by chief justice chagla in the case of all india groundnut syndicate ltd. v. commissioner of income tax, bombay city, since reported in : [1954]25itr90(bom) ):but the most surprising contention is put forward by the department that because their own officer failed to discharge his ..... wants to benefit from and wants to take advantage of its own default. it is an elementary principle of law that no person- we take it that the income tax department is included in that definition can put forward his own default in defence to a right asserted by the other party. a person cannot say that the ..... corporation of india and ors. since reported in : (2004)3scc553 wherein the apex court has held that even in contractual matter relating to money claim state cannot act arbitrarily and the actions are amenable to the writ jurisdiction. i must note in fairness respondents have relied on a full bench judgment of this court in the case .....

Anil Kumar Agrawal and ors. Vs. State of Bihar and ors.

Court : Patna

..... (vii) identification card bearing photograph issued by the sub divisional officer/ circle officer, (viii) payment receipt of municipal holding tax bearing the holding number of the house and (ix) pan card issued by the income tax department.6. the supplementary notice fully cures the vagueness of the earlier notice as pointed out by the court. but the ..... law. the other two submissions based on restriction of rights guaranteed under article 19(1) of the constitution, are similarly answered adequately by section 7 of the excise act of which only sub-section (1) is relevant for the present. it is as follows:7. establishments & delegation & withdrawal of powers:(1) the administration of ..... which liquor may be distilled and which was declared by the state government by notification in the official gazette to be an intoxicant for the purpose of the act. in the first notice itself, it was stated that mahua flower was notified by the state government as intoxicant. in the two writ petitions, there .....