Judgment Search Results Home > Cases Phrase: income tax act 1961 section 35cc omitted Court: income tax appellate tribunal itat lucknow Page 1 of about 45 results (0.158 seconds)

Shri Anil Kumar Goel Vs. the Ito Range Iv(4)

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2008)116TTJLuck239

..... , 18.03.2002, 21.03.2002, 22.03.2002, 26.03.2002, on 27.03.2002 in connection with the as the deponent was himself present before the learned assessing authority and the learned assessing authority could easily have served the notice under section 148 of the income tax act, 1961 on the deponent instead of allegedly sending his inspector to the place 51, g.b marg, lucknow for the a.y 95-96 & 96-97 on dated 26.3.2002. 7. ..... so.32. thus, section 21 of the u.p sales tax act is in pari materia with section 148 of the income-tax act, 1961 and therefore, this decision is squarely on the issue under ..... seghal served the notice under section 148 of the income tax act 1961 dated 20.03.2002 on the person alleged to be the employee of the deponent without asking the name of the person or his authority while such alleged person was never the employee of the deponent. 8. ..... that no notice under section 148 of the income tax act, 1961 for the a.y 95-96 and 96-97 has been served on the deponent. 4. ..... anr. v.ito 35 itr 388: in this case it was held that the notice prescribed by section 34 of the income-tax act, 1961 for the purposes of initiating re-assessment proceedings is not a mere procedural requirement; the service of prescribed notice on the asscssee is a'condition precedent to the validity of any re-assessment made under section .....

Deputy Commissioner of Vs. Uttar Pradesh Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... the tribunal, vide order-sheet entry dated 7-4-2000, issued a notice under section 254(2) of the income-tax act, which partly reads as under :-- "(i) the revenue vide its miscellaneous application for rectification of certain mistakes including a request for clarifying the issue relating to assessee's claim under section 11 of the income-tax act, 1961 in para 8 of the miscellaneous application had requested.... 8. ..... forest corporation to be a local authority, but dismissed the writ petition on the reasoning that the assessing authority has power to initiate assessment proceedings because local authority is taxable unit under section 2(31) of the income-tax act, 1961 and that every income of the local authority is not liable to be excluded under section 10(20) of the income-tax act, 1961. ..... vide its order dated 31-10-1987, the tribunal held that the belated payments are not to be taken into account as advance tax for the purpose of section 214 of the income-tax act, 1961 and so interest is inadmissible for such belated payments. ..... the corporation filed its return of income as exempt under section 10(20) of the income-tax act, 1961 claiming it to be a local authority. ..... v.cit [1991] 188 itr 398, because the tribunal has not omitted to deal with the ground urged by the party but has not answered as the same was not pressed at the time of hearing. ..... it must be left to the tribunal to reopen the appeal if it finds that it has omitted to deal with an important ground urged by the party. .....

inder Kumar Bachani (Huf) Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2006)99ITD621Luck

..... . i, therefore, in exercise of powers available under sub-section (1) of section 263 of the income-tax act, 1961 set aside the assessment order dated 29-1-2003 under section 148/143(3) of the i.t ..... . 3 and 4, the averment of the assessee is that the assessment order dated 29-1 -2003 passed under section 147/143 of the income-tax act is liable to be quashed as void ab initio ..... . cit who issued a notice under section 263 of the income-tax act dated 21-3-2003 ..... besides this material there was no other material collected by it to hold that the assessee was owner of any money, bullion, etc, in the previous year relevant to assessment year 1998-99 in the terms and conditions contained under section 69a of income-tax act ..... . these included application by shri inder kumar bachani, form under section 65 (1) prescribed under rule 3 of income-tax rules, statement of voluntarily disclosed income, valuation report as on 1-4-1987, dated 26-12-1997, affidavit of shri inder kumar bachani, return and statement of income (copies of these papers have been filed by the assessee in the paper book and are available at pages 35 to 47).5.3 these papers were sent from the office of cit, surat to income-tax officer-iii, kanpur who issued letter dated 7-2- ..... . act, 1961 made by the income-tax officer, ward 3(4), kanpur with the direction to make it afresh after taking the value of gold ornaments and diamond jewellery at the market price prevailing during the financial year 1997-98 relevant to the assessment year .....

Deputy Commissioner of Vs. Rohtas Projects Ltd.

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2006)100ITD113Luck

..... has observed as while the word 'evidence' may recall the oral and documentary evidence as may be admissible under the indian evidence act, 1872, the use of the word 'material' in section 143(3) of the income-tax act, 1961, shows that the income-tax officer, not being a court, can rely upon material which may not be strict evidence admissible under the evidence act for the purpose of making an order of assessment. ..... the hon'ble president of income-tax appellate tribunal exercising power under section 255(4) of the income-tax act, 1961 ('the act') has referred the following point of difference emanated from the orders passed by the id. ..... under sections 142 and 143 of the income-tax act, 1961, the ito may also act as 'the material gathered' by him. ..... 's report.since there is a difference of opinion between the members of the division bench, we state following point of difference and refer the same to the hon'ble president of the income-tax appellate tribunal in accordance with the provisions of sub-section (4) of section 255 of the income-tax act. ..... in view of section 25(1)(b) of the act, it is also clear that the appellate assistant commissioner was wrong in taking the view that he had no power to enhance the penalty in accordance with law or reaching the conclusion that the computation of penalty made by the income-tax officer was illegal, and that he could only cancel even the lesser penalty which had been imposed by the income-tax officer. .....

Assistant Commissioner of Vs. Sahara India

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2006)100ITD93Luck

..... , was applicable to the assessment year 1994-95.8.7 in view of the above agreement, the assessee had made its position very clear and against show-cause notice issued by the revenue for imposing penalty under section 271(1)(c), following written submission was made vide letter dated 12-1-1998:the additional commissioner date 12-1 -1998of income-tax, central circle, sub: reply to notice under section 271d of the income-tax act, 1961 for the assessment year 1994-95. ..... cit (central), lucknow under section 271d of the income-tax act, 1961. ..... operated by the assessee earlier have since matured and no new scheme was operated by the assessee, and as such no deposits have been accepted in contravention of the provision of section 269ss by the assessee in its own account for which the assessee can be treated to have committed any default within the meaning of section 271d of the income-tax act.8.8 another written reply dated 17-3-1998, available at pages 13 & 14 of the paper book, also contained a similar explanation of the assessee. ..... the provisions are not absolute.whereas the first proviso, attached to the section, excludes government, banking companies, post office savings bank; corporations established by a central or state governments; the second proviso exempts persons having agricultural income, whose income is not chargeable to income-tax act. ..... 20,000 from various depositors and has thus contravened the provisions of section 269ss of the income-tax act. .....

Dy. Cit Vs. U.P. Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2001)79ITD319Luck

..... 1228 & 1229/all/1989.the tribunal, vide order-sheet entry dated 7-4-2000, issued a notice under section 254(2) of the income tax act, which partly reads as under : "(i) the revenue vide its miscellaneous application for rectification of certain mistakes including a request for clarifying the issue relating to assessee's claim under section 11 of the income tax act, 1961 in para 8 of the miscellaneous application had requested....8. ..... forest corporation to be a local authority, but dismissed the writ petition on the reasoning that the assessing authority has power to initiate assessment proceedings because local authority is taxable unit under section 2(31) of the income tax act, 1961 and that every income of the local authority is not liable to be excluded under section 10(20) of the income tax act, 1961. ..... vide its order dated 31-10-1987, the tribunal held that the belated payments are not to be taken into account as advance tax for the purpose of section 214 of the income tax act, 1961 and so interest is inadmissible for such belated payments ..... the corporation filed its return of income as exempt under section 10(20) of the income tax act, 1961 claiming it to be a local ..... . cit (1991) 188 itr 398 (all), because the tribunal has not omitted to deal with the ground urged by the party but has not answered as the same was not pressed at the time of ..... it must be left to the tribunal to reopen the appeal if it finds that it has omitted to deal with an important ground urged by the party .....

Dy. Cit Vs. Rohtas Projects Limited

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2006)282ITR42Luck

..... 1872, the use of the word "material" in section 143(3) of the income tax act, 1961, shows that the income-tax officer, not being a court, can rely upon material which may not be strict evidence admissible under the evidence act for the purpose of making an order of assessment. ..... the hon'ble president of income tax appellate tribunal exercising power under section 255(4) of the income tax act, 1961 (hereinafter referred to as the act) has referred the following point of difference emanated from the orders passed by the ld. ..... 6,45,238/- since there is a difference of opinion between the members of the division bench, we state following point of difference and refer the same to the hon'ble president of the income-tax appellate tribunal in accordance with the provisions of sub-section (4) of section 255 of the income-tax act. ..... under the income-tax authorities stipulated under the income-tax act, the income-tax appellate tribunal is not one of them. ..... in view of section 25(1)(b) of the act, it is also clear that the appellate assistant commissioner was wrong in taking the view that he had no power to enhance the penalty in accordance with law or reaching the conclusion that the computation of penalty made by the income -tax officer was illegal, and that he could only cancel even the lessor penalty which had been imposed by the income-tax officer. .....

Saroj Nursing Home Vs. Asstt. Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... the income-tax act, 1961" dated 30th march, 2005 is wholly illegal as there is no enabling provision (to issue such notice in chapter xiv b of the act) and the block assessment order dated 28th march, 2006 captioned as "section 158bc ..... i58bd of the income-tax act, 1961" passed thereunder is wholly illegal as ..... were initiated and finally an assessment order under section 158bc read with section j58 bd of income tax act was passed on 28.03.2006 on a total income of rs. ..... provided in the statute for initiating proceeding under section 158 bd then one has to take a clue from similar proceedings in the income tax act. ..... in this regard, it would be relevant to quote the provisions of section 158 bd as under: where the assessing officer is satisfied that any undisclosed income belongs to any person, other than the person with respect to whom search was made under section 132 or whose books of account or other documents or any assets were requisitioned under section i32a, then the books of account, other documents or assets seized or requisitioned shall be handed over to the assessing ..... (2) because looking to the overall scheme of the "block assessment" as envisaged in chapter xiv b of the "act," proceedings to make block assessment under section 158bd, have to be necessarily initiated by issue of notice under section 158 bc only, which in the present case, pre supposes that the same should have been issued before 30th september, 1997 which was the expiry date of outer time limit, and .....

Pawan Agarwal Vs. Dy. Cit (inv.)

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2004)87TTJLuck328

..... income tax officer (supra) and material observations of their lordships are as 'under: "the officers mentioned in section 131(1) of the income tax act, 1961 ..... intimation under section 143(1) (a) of the income tax act, 1961 (hereinafter referred to as the 'act'), was issued on 24-10-1990, the copy of which had also been filed on record by the assessee accepting the total income. ..... assessment gave a basis to correctly ascertain the cost of construction of the said complex.therefore, it was decided to refer the matter to the district valuation officer under section 131(1) (c) of the income tax act.the dvo had taken a few details from the assessee and a few collected by him on the spot measurement to note the quality of construction and also the period ..... calcutta high court was seized with the issue relating to powers of the income tax officer under section 131 of the act and their lordships have laid down that powers of income tax officer under section 131 are co-extensive with that of a court trying a suit under section 30 of cpc read with rules 12, 14 and 15 of order 11 ..... investigate into the adequacy or sufficiency of the reasons, which have weighed with the income tax officer in coming to the belief, but the court can certainly examine whether the reasons are relevant and have a bearing on the matters in regard to which he is required to entertain the belief before he can issue notice under section 147(a) of the act, the learned counsel also placed reliance on the decision of cit v. .....

St. Don Bosco Educational Society Vs. the Cit

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2004)90ITD477Luck

..... the assessee arises out of order dated 30.9.2002 passed by cit-i, lucknow under section 12aa of the income-tax act, 1961 (hereinafter referred to as the act).2. ..... found supporting wholly or in part by voluntary contribution.not only this, the learned counsel pointed out that their lordships have specifically mentioned in para 78 that ruling arising out of income-tax act may not be of great help because in the income-tax act "charitable purpose" included the relief of the poor, education, medical relief and the advancement of any other object of general public utility, but the definition under the delhi municipal ..... the rulings arising out of income tax act may not be of great help because in the income tax act "charitable purpose" includes the relief of the poor, education, medical relief and the advancement of any other object of ..... instead of looking into the activities of the assessee society, the cit-i had looked into the income and expenditure account and placed reliance on the decision of the apex court in the case referred to above while the cit-i was under obligation to examine as to whether the society has made application as per section 12a read with rule 17a of the income tax rules and whether the objects are charitable or not. ..... as section 10(22) of the act was omitted with effect from 1.4.1998, the assessee society claimed its income as exempt under section 10(23) (c)(iii ad) of the act for assessment years 1998-99 to 2001-2002 and claim of the assessee society was accepted .....