Court : Patna
..... 27 of 1992 filed under sections 276c and 277 of the income-tax act, 1961 ('the act').3. ..... considering all these undisputed facts, i am of the opinion that there is considerable force in the submission that it cannot be considered to be a case of deliberate concealment of any income to evade tax and so the complaint filed alleging deliberate concealment of tax evasion cannot be legally held to be tenable in the facts and circumstances of the case.8. ..... after the filing of this return on august 8, 1990, a questionnaire was served on behalf of the income-tax department on october 5, 1990. ..... he also does not dispute the correctness of the legal stand taken on the basis of the provision of section 139(5) that a revised return can be filed and in this case it had been filed within the time stipulated by that clause.7. ..... the necessary facts for disposal of this petition may briefly be stated as follows : the petitioner is an assessee to income-tax and a return was filed before the assessing authority on august 8, 1990, showing income of rs. ..... learned counsel for the opposite party does not dispute the fact that on january 28, 1991, the necessary tax on the omitted amount of rs. ..... 1,09,050, which was omitted in the original return filed on august 8, 1990, an explanation has been given that in fact this amount had been entered into the books of account, which has been submitted ; but only because of the prohibition ..... subsequently, he filed another return showing the omitted amount. .....
Tag this Judgment!Court : Patna
..... of 1992 filed under sections 276c and 277 of the income tax act, 1961 (hereinafter referred to as "the act").3. ..... considering all these undisputed facts, i am of the opinion that there is considerable force in the submission that it cannot be considered to be a case of deliberate concealment of any income to evade tax and so the complaint filed alleging deliberate concealment of tax evasion cannot be legally held to be tenable in the facts and circumstances of the case.so, in this view of the matter, i allow this petition and quash the prosecution of complaint ..... he also does not dispute the correctness of the legal stand taken on the basis of the provision of section 139(5) that a revised return can be filed and in this case it had been filed within the time stipulated by that ..... filing of this return on 8-8-1990, a questionnaire was served on behalf of the income tax department on 5-10-1990. ..... facts for disposal of this petition may briefly be stated as follows : the petitioner is an assessee to income-tax and a return was filed before the assessing authority on 8-8-1990, showing income of rs. ..... for the opposite party does not dispute the fact that on 28-1-1991, the necessary tax on the omitted amount of rs. ..... 1,09,050, which was omitted in the original return filed on 8-8-1990, an explanation has been given that in fact this amount had been entered into the books of account, which has been submitted ; but only because of the ..... he filed another return showing the omitted amount. .....
Tag this Judgment!Court : Patna
..... have filed a supplementary affidavit today in court annexing the notification of the union of india (annexure '5'), wherein it has been stated that the prosecution need not be initiated where the cumulative interest payable under section 201(1a) for all the years involved in respect of the tax deducted at source under sections 192 to 195 of the income-tax act, 1961, is less than rs. ..... theaforesaid complaint petition cognizance against the petitioners has been taken for the offence under section 276b of the income-tax act, 1961, by the impugned order.2. ..... of 1990/tr 1914/1990 pending before special judge (economic offences), muzaffarpur, including the order dated january 19, 1990, whereby cognizance against them has been taken for the offence under section 276b of the income-tax act, 1961. ..... counsel pointed out that there is only allegation of delay in payment of tax and hence the prosecution of the petitioner for the offence under section 276b of the income-tax act is bad in law. ..... counsel for income-tax, mr. ..... filed a complaint case against the petitioners alleging therein that the petitioners deposited the tax deducted at source after a delay of 45 days. ..... 10,000 and the tax is also paid to the credit of the ..... counsel for the petitioners contended that the allegation is of delay in payment of tax deducted at source amounting to rs. ..... consideration of the submissions made by learned counsel for the parties, it is an admitted position that the allegation is of delay in payment of tax of about rs. .....
Tag this Judgment!Court : Patna
..... of 2006 and the order dated december 2, 2006, passed by the presiding officer, special court, economic offences, patna, taking cognizance of the offence under section 276b of the income-tax act, 1961.2. mr. t.r. ..... the presiding officer after perusal and consideration of the complaint petition took cognizance of the offence under section 276b of the income-tax act against the accused persons and ordered to issue notice/summons under the impugned order dated december 2, ..... refers to section 278b of the income-tax act which provides:(1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render ..... 3 and 4, failed to deposit the tds amount in the credit of the central government account and thereby committed an offence under section 278b of the income-tax act, punishable under section 276b of the said act. ..... a survey operation under section 133a of the income-tax act was conducted in the business premises of the company, ..... -cause notice was served upon the accused as to why the proceedings under section 276b of the income-tax act be not initiated. ..... alleged that in terms of sections 194c and 194-1 of the income-tax act, accused no. .....
Tag this Judgment!Court : Patna
..... an application to the income-tax officer that it had paid advance (income) tax in respect of the assessment year in question on which it had become entitled to receive interest under section 214 of the income-tax act, 1961. ..... assessee pleaded that it was entitled to interest under section 214 of the income-tax act in respect of the payment made on march 20, 1972 ..... all payments made in the financial year by way of advance tax would be eligible for grant of interest under section 214 of the income-tax act. ..... show that the financial year is taken as a unit and the amount paid during the financial year would be eligible for grant of interest under section 214 of the income-tax act. ..... the commissioner of income-tax took the view that the interest under section 214 of the act could be allowed only for the payment ..... income-tax officer realised his mistake and reported the matter to the commissioner of income-tax for initiating a suo motu revision under section ..... at the instance of the revenue, the income-tax appellate tribunal, 'a' bench, patna, has referred the following question of law for the decision of this court : ' whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the assessee was entitled to interest under section 214 in respect of the amount paid by it on ..... it is thereafter at the instance of the revenue that the income-tax appellate tribunal, 'a' bench, patna, has referred the question of law formulated hereinabove for the decision .....
Tag this Judgment!Court : Patna
..... the assessee is required first to compute the total income in accordance with the income-tax act, and if it is less than 30 per cent, of the book profit, then, it has to prepare a profit and loss account under sub-section (1a) for the relevant previous year in accordance with parts ii and iii of schedule vi to the companies act, the book profit so arrived at is to be adjusted by adding the various amounts enumerated in clauses (a) to (ha), reduced by the amount mentioned in clauses (i) to (iv) of the explanation. ..... studies carried out by the central board of direct taxes revealed that while the provisions of section 80wa had the effect of subjecting companies to minimum taxes which they would not have otherwise paid, there were still companies which had no income-tax liability despite substantial profits, on account of the fact that the companies were availing of full depreciation under the income-tax act. ..... 581 (see [1990] 186 itr 2), dated september 28, 1990) and observed (page 70) : 'the circular states that instances have come to the notice of the board where deduction claimed under section 43b of the income-tax act was disallowed as prima facie inadmissible under section 143(1)(a) as the assessee had not furnished evidence of payment of taxes, duty, etc. ..... the court held that under section 154 of the income-tax act the power of rectification of an intimation under section 143(1)(a) is co-terminous with the power to make prima facie adjustments under that section. .....
Tag this Judgment!Court : Patna
..... the tribunal was correct in holding that for the purpose of computation of additional income-tax under section 104(1) of the income-tax act, 1961, the distributable surplus should be calculated with reference to the profit as per profit and loss account (2) whether the tribunal was correct in holding that the penalties levied under section 271(1)(a), 273(c) and interest under section 139 should be deducted from the distributable surplus for the purpose of calculating additional income-tax leviable under section 104 of the income-tax act, 1961 ?'3. ..... '(1) whether the tribunal was correct in holding that for the purpose of imposition of additional income-tax under section 104(1) of the income-tax act, 1961, the distributable surplus should be calculated with reference to the profit as per profit and loss account.'7. ..... these two references are before us by virtue of an order passed by this court under section 256(2) of the income-tax act, 1961 (hereinafter to be called 'the act'), on july 28, 1973. ..... in bhor industries' case : [1961]42itr57(sc) , the supreme court nowhere observed that while determining the smallness of profits under the second part of the section, also, the amount of interest part under section 18a of the indian income-tax act cannot be accounted for. .....
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..... in both the cases, the petitioners have challenged the order taking cognizance under sections 276c and 277 of the income-tax act, 1961 (hereinafter referred to as 'the act'), passed by the presiding officer, special court for economic offences, bihar, muzaffarpur, on march 6, 1992, and february 28, 1992, respectively.2. ..... though, as held in jayappan's case : [1984]149itr696(sc) , a criminal court has to judge the case before it independently on the materials placed before it, there is no legal bar in giving due regard to the result of the proceedings under the income-tax act, 1961. ..... said matter, the learned single judge of the delhi high court held as follows (page 229) : 'keeping in mind the aforesaid provisions contained in sections 245d, 245f(2), 245h and 245i of the act when the settlement commission, after dealing with the objections of the commissioner of income-tax raised under sub-section (1a) of section 245d, is not satisfied with the correctness of the same and dismisses the same on the basis of the material available at that point of time ..... the assessee filed an application under section 245c of the act for settlement of her case and an objection was raised by the commissioner under section 245d(1a) of the act, which has now been omitted with effect from september 27, 1991. ..... (6) omitted by the finance act, 1987, with effect from june 1, 1987. ..... (5) omitted by the finance act, 1987, with effect from june 1, 1987. .....
Tag this Judgment!Court : Patna
..... at the instance of the revenue, on an application filed under section 256(1) of the income-tax act, 1961 (for short, 'the act' only), the appellate tribunal, patna bench, patna, has referred to this court the following questions of law for its opinion for the assessment years 1977-78 and 1978-79 : ' (i) whether, on the facts and in the ..... (iii) whether, on the facts and circumstances of the case, the tribunal was justified in holding that the commissioner of income-tax has no jurisdiction to set aside the order under section 263 of the income-tax act and to remand hack to the income-tax officer to pass fresh order after following section 144b of the income-tax act ?' 2. ..... circumstances of the case, the tribunal was justified in setting aside the order of the commissioner, who had only remanded the case back to the income-tax officer to make the assessment after ..... compliance with section 144b of the income-tax act which was mandatory ? .....
Tag this Judgment!Court : Patna
..... petitioner is a government company and an assessee under the income-tax act, 1961 (hereinafter to be referred to as 'the act'), it is deriving income from imparting technical consultancy 'know-how' to its customers. ..... having regard to the scheme of the act and use of the phrase 'regular assessment' in various sections of the act, the supreme court held that in section 214 'regular assessment' has been used in no other sense than the first order of assessment passed under section 143 or 144 of the act and if any consequential order has to be passed by the income-tax officer to give effect to an order passed by the higher authority, that consequential order cannot be treated as 'regular assessment' nor ..... [1984] 146 itr 452 [fb] wherein it was held that the words 'regular assessment' in section 214(1) of the act mean the first order of regular assessment passed by the income-tax officer and not the last operative order of regular assessment at any given point of time passed as a result of appellate or revisional proceedings ..... to the respondents, the petitioner is entitled to claim interest under section 214 of the act only on the advance tax ordered to be refunded to it by the inspecting assistant commissioner of income-tax on 'regular assessment' made at the first instance under section 143 of the act, unaffected by the refund, if any, that might be subsequently ordered as a result of the recomputation of tax liability in pursuance of the direction given by the higher authority. .....
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