Judgment Search Results Home > Cases Phrase: income tax act 1961 section 35cc omitted Court: chhattisgarh Page 1 of about 15 results (0.012 seconds)

Assistant Commissioner of Income Tax Vs. Shri Mahavir Prasad Verma and ...

Court : Chhattisgarh

Reported in : (2009)225CTR305; [2009]317ITR36(NULL)

..... the appellants herein have preferred these appeals under section 260-a of the income tax act, 1961 (in short 'the act') along with separate applications under section 5 of the indian limitation act for condonation of delay, as these appeals have been preferred after the prescribed period of limitation of 120 days from the date on which the order appealed against was received by the appellants as provided under section 260-a sub-section 2 of the act.2. ..... shri rajeshwara rao, learned counsel for the revenue submitted that the income tax act, 1961 and the provisions of section 260-a are not complete code in itself. ..... (2) the chief commissioner or the commissioner or an assessee aggrieved by any order passed by the appellate tribunal may file an appeal to the high court and such appeal under this sub-section shall be:(a) filed within one hundred and twenty days from the date on which the order appealed against is received by the assessee or the chief commissioner or commissioner;(b) omitted by the finance act, 1999, w.e.f. ..... he further submitted that the legislature consciously omitted the provision relating to condonation of delay in appeal in the high court as appeals are preferred in the high court after the question in issue has already been considered by three forums.5. .....

Assistant Commissioner Income Tax Raipur Vs. Major Deepak Mehta

Court : Chhattisgarh

..... the instant appeal filed by the revenue under section 260a of the income tax act, 1961 (for short "the act, 1961") is against the order dated 7-10-2005 passed by the income tax appellate tribunal (for short "the tribunal") wherein the tribunal has dismissed the appeal filed by the revenue and partly allowed the cross objection filed by the ..... under section 260a of the income tax act,1961) satish ..... held as under : "41....we find that in proceedings under section 147 of the act, the income tax officer may bring to charge items of income which had escaped assessment other than or in addition to that item or items which have led to the issuance of notice under section 148 and where reassessment is made under section 147 in respect of income which has escaped tax, the income tax officer's jurisdiction is confined to only such income which has escaped tax or has been under-assessed and does not extend to ..... the assessee preferred an appeal before the commissioner, income tax (appeals) {for short "the cit (a)"} wherein it was contended that notice under section 148 was bad in law and the proceedings so initiated against the assessee be dropped under sub-section (2) section 152 of the it act, 1961. 6. ..... of section 147 of the act, 1961 makes it clear that the ao may reassess any income chargeable to tax, which has escaped assessment for any assessment or there was under assessment or the claimed excessive loss, deduction, allowance or relief in the return, subject to provisions of sections 148 .....

Commissioner of Income Tax Vs. D.R. Bansal and ors.

Court : Chhattisgarh

Reported in : (2010)228CTR(NULL)247

..... 17 of 2002 the income-tax appellate tribunal, nagpur bench, nagpur (in short 'the tribunal') has made this reference under section 256(1) of the it act, 1961 at the instance of cit, jabalpur and referred the following question of law arising out of order dt. ..... briefly stated, facts of the case are that a search operation under section 132 of the it act, 1961 (in short 'the act') was conducted in the business and residential premises of the respondents-assessees' group on the basis of warrant of authorization issued by the cit, jabalpur in the month of july, 1982. ..... - (1) where any books of account, other documents, money, bullion, jewellery or other valuable article or thing are or is found in the possession or control of any person in the course of a search under section 132 or survey under section 133a, it may, in any proceedings under this act, be presumed-(i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person;(ii) that the contents of such books of account and other documents are ..... 822/nag/1984 for our opinion:whether under the facts and circumstances of the case, the tribunal is justified in law in not giving finding in its order with regard to applicability of presumption under section 132(4a) of the it act, 1961 to the assessment proceedings?2. .....

Commissioner of Income Tax Vs. Raipur Transport Co. (P) Ltd.

Court : Chhattisgarh

Reported in : (2009)226CTR(NULL)683

..... 2,13,720 levied by the ao under section 271(1)(c) of it act, 1961?2. ..... the appellant has preferred this appeal against the order of income-tax appellate tribunal (henceforth the 'tribunal') nagpur bench, nagpur dt ..... the tribunal dismissed the appeal of the revenue with a finding that since the assessee suffered loss in the relevant financial year and even after addition of the evaded income, there comes no positive income hence penalty under section 271(1)(c) could not be imposed.4. ..... 1st april, 2003, according to which the amount of income in respect of which particulars have been concealed or inaccurate particulars have been furnished has the effect of reducing the loss declared in the return or converting that loss into income, means the tax that would have been chargeable on the income in respect of which particulars have been concealed or inaccurate particulars have been furnished had such income been the total income.5. ..... the aforesaid amount became chargeable to tax as profits and gains under the deeming provisions of section 41(1) of the it act. ..... although the company collected passenger tax and claimed the liability to pay such tax in its accounts, it disputed the levy before the appropriate authorities ..... the company collected passenger tax along with journey fare from the passengers ..... 3,90,990 was allowed in the year of accrual as a deduction while computing income. ..... company followed mercantile system of accounting and on that basis the liability of passenger tax to the extent of rs. .....

Ms Bakhtawar Singh Balkrishan Builders Ltd Vs. Commissioner of Income ...

Court : Chhattisgarh

..... whether in the facts and circumstances of the case, the tribunal was right in holding that the assessee was not an industrial company and, therefore, liable for additional tax under section 104 of the income tax act, 1961?. 2. ..... ) under section 256 (1) of the income tax act, 1961 (for short hereinafter called ".the act". ..... 11/2012 : judgement order (oral) (passed on 02/11/2012) reference under section 256 1) of the income tax act 196.per abhay manohar sapre, j:- (1) this is an income tax reference made by the income tax appellate tribunal (for short hereinafter called ".the tribunal". ..... ) then took recourse to the provisions of section 104 of the act (since repealed) and invoking its provisions issued a show cause notice to the assessee proposing therein to impose the additional tax which according to him was also found payable by the assessee in terms of section 104 of the act on their annual income which they had earned during the two assessment years in question. ..... , cit (appeals) and tribunal while rejecting the contention of the assessee placed reliance on the law laid down by the supreme court in the case of commissioner of income tax, orissa and others v. m/s. n.c. ..... court of chattisgarh at bilaspur itr no 48 of 2000 ms bakhtawar singh balkrishan builders ltd ...petitioners versus commissioner of income tax jabalpur ...respondents ! ..... for claiming any benefits earmarked for industrial company under the act and in consequence were liable to pay additional tax under section 104 ibid. .....

Assistant Commissioner of Income Tax Circle 2 1 Raipur, Vs. Shriram Dh ...

Court : Chhattisgarh

..... order income tax appeal under section 260a of income tax act,1961 abhay manohar sapre, ..... this is an appeal filed by the revenue (commissioner of income tax) under section 260-a of the income tax act, against the order dated 7/12/2005 passed by income tax appellate tribunal (for short called the tribunal) in it (ss) ..... facts and in the circumstances of the case the tribunal was justified in upholding the order of commissioner of income tax appeals and whether was justified in confirming his views in deleting the addition made by the a.o. ..... and circumstances of the case the tribunal was justified in confirming the order of the commissioner of income tax (appeals) deleting the addition of ignoring the fact that the addition of rs. ..... in the circumstance of case the tribunal was justified in confirming the order of the commissioner of income tax (appeals in spite of the fact the respondent had not disclosed rs. ..... of these reasoning, we hold that question no 3 also does not arise out of the case and even if arise, the same is not a substantial question of law within the meaning of section 260-a of the act and hence the appeal could not have been admitted for final hearing on such question. 20. ..... of the assessee on this issue was that this amount was falling in the assessment year 2001-2002 and for that assessment year, he had already paid advance tax and tds much earlier to commission of raid and secondly had also filed the return under section 139 of the act for that year disclosing this income. .....

Maa Mahamaya Industries Ltd. and Other Vs. Union of India and Another

Court : Chhattisgarh

..... 226/227 of the constitution of india, the respective petitioners have sought quashment of the order dated 02.04.2012 (annexure p-1) passed by respondent no.2 in exercise of powers under section 127(2) of the income tax act, 1961 (henceforth "the act") transferring the cases of 5 assessees namely (1) m/s. ..... the order of transfer of an assessee's case from one place to another under section 127 of the income-tax act,1961, entails a certain amount of prejudice to the assessee. ..... section 127 of the act confers power on the income tax authorities to transfer the cases from one assessing officer to any other assessing officer, who ..... judgment was rendered by this court on december 21, 1956, and we find that in the 1961 act section 127 replaced section 5(7a) 889 where thelegislature has introduced, inter-alia, the requirement of recording reasons in making ..... however, when the objections were submitted, the commissioner of income tax, raipur, mentioned in the impugned order that in any case, the proposed centralization is only for limited purpose of passing such assessment orders; thereafter, the companies can seek decentralization of cases back ..... (supra) held thus : "from the aforesaid decisions, it is clear that, in the matter of the transfer of a case under section 127 of the act, it is necessary that the authority which proposes to transfer the case must, wherever it is possible to do so, give the assessee a reasonable opportunity of being heard with a view to enable him to effectively show .....

income Tax Officer Vs. Dhan Sai Srivas and ors.

Court : Chhattisgarh

Reported in : (2009)226CTR598; [2009]315ITR318; [2009]183TAXMAN302(NULL)

..... claim of the assessee for exemption under section 10(10c) of the income tax act, 1961 (for short 'the act') to the extent of rs. ..... of:(i) a public sector company; or(ii) any other company; or(iii) an authority established under a central, state or provincial act; or(iv) a local [authority; or](v) a cooperative society; or(vi) a university established or incorporated by or under a central, state or provincial act and an institution declared to be a university under section 3 of the university grants commission act, 1956; or(vii) an indian institute of technology within the meaning of clause (g) of section 3 of the institutes of technology act, 1961; or[(vii-a) any state government: or][(vii-b) the central government; or](vii-c) on institution, having importance throughout india ..... income shall be chargeable to income tax under the head 'salaries':(a) any salary due from an employer or a former employer to an assessee in the previous years, whether paid or not:(b) any salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer though not due or before it became due to him;(c) any arrears of salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer, if not charged to income tax for any earlier previous year.section 17(3)(i) of the acts ..... while interpreting the words 'refunded' as used in clause (b) of section 15 of the central sales tax act, 1956 the hon'ble apex court in the matter of thiru manickam .....

Oriental Insurance Co. Ltd. Vs. Sita Kunwar and Others

Court : Chhattisgarh

..... section 194-a has been inserted in the income tax act, 1961 by finance (no.2) act, 1967 with effect from 1st ..... , the petitioner-insurance company deducted an amount of rs.5,124 on payment of rs.51,236 made to the respondents/claimants on 24.7.2003 as tax deducted at source under the provisions contained in section194-a of the income tax act, 1961 (hereinafter referred as the act, 1961 ). 2. ..... the petitioner/insurer by filing this writ petition has questioned the impugned order stating inter-alia that the petitioner-company has only complied with the provisions contained in section 194-a(3)(ix) of the act, 1961 and therefore, the order passed by the claims tribunal directing the petitioner-company to make the payment of the said amount to the decree-holder/claimants is bad and ..... in view of the specific provisions contained in the income tax act, the petitioner-company was duty bound to deduct the amount of income-tax from the amount of interest deposited with the motor accident claims tribunal for being disbursed to the respondents ..... in conformity with the provisions contained in section 194-a(a)(ix) of the act, 1961, then the petitioner-company is liable for penalty contemplated under section 271-c of the act, 1961, as such, the claims tribunal has committed illegality in holding and directing the petitioner-company to make payment of tax deducted at source by the impugned order, which is liable to be quashed being contrary to the express provision contained in the act of 1961. 4. .....

Income Tax Officer (TDS) Raipur C.G. Vs. Naya Raipur Development Autho ...

Court : Chhattisgarh

..... point involved here is, 'whether the land acquired by agreement by the assessee under the chhattisgarh nagar tatha gram nivesh adhiniyam, 1973 (the nivesh-act) is compulsory acquisition within the meaning of section 194 la of the income tax act, 1961 (the it-act) or not? ..... , price was neither fixed by the statute nor by the principles stated therein but was agreed by the mutual negotiation; the tribunal has rightly held that there was no compulsory acquisition; and section 194 la of the income tax act, 1961 was not applicable. ..... following two substantial questions of law: (i) whether in the facts and circumstances of the case, the acquisition by the naya raipur development authority is a compulsory acquisition or not; (ii) whether in the facts and circumstances of the case, section 194 la of the income tax act, 1961 is applicable or not. ..... the order of the tribunal, the income tax department (the department) has filed the present appeal under section 260a of the it-act. ..... purchase of the whole or any part of any statutory undertaking under any enactment in that behalf prescribing the terms on which the purchase is to be effected, the provisions of the land compensation act 1961 as to compulsory acquisitions of land are excluded (s 36(1)); and it has been held that transfer of industries to public ownership did not amount to a compulsory purchase or sale (john hudson and co ltd v kirkness (inspector of taxes) [1954] 1 all er 29, [1954] 1 wlr 40, ca; affd sub nom kirkness (inspector .....