Judgment Search Results Home > Cases Phrase: income tax act 1961 section 35cc omitted Court: punjab and haryana Page 1 of about 895 results (0.061 seconds)

Sant Lal Tek Chand Vs. State of Haryana

Court : Punjab and Haryana

Reported in : [2005]142STC135(P& H)

..... supreme court, while dealing with a case involving imposition of penalty under section 271(1)(a) of the income-tax act, 1961 (for short, 'the 1961 act'), read that provision in conjunction with section 276c of the said act and observed :'it is sufficient for us to refer to section 271(1)(a), which provides that penalty may be imposed if the income-tax officer is satisfied that any person has, without reasonable cause, failed to furnish the return of total income, and to section 276c which provides, that if a person wilfully fails to furnish in due ..... the aforementioned two judgments support our conclusion that the petitioner had deliberately filed incorrect return and omitted to pay the amount of tax due and thereby contravened section 25(2) and (3) of the 1973 act and that the assessing authority did not commit any illegality by imposing penalty under section 48 of the 1973 act.20. ..... sawhney that the assessing authority could not have, without recording a finding that the assessee had deliberately filed incorrect return and omitted to pay the tax due, imposed penalty under section 48 of the 1973 act sounds attractive but lacks merit. .....

Commissioner of Income-tax, Patiala Vs. H.M. Steels Ltd.

Court : Punjab and Haryana

..... they have not claimed that the freight subsidy received from the himachal pradesh government by the assessee is allowed to be included as profit derived from an industrial undertaking and, therefore, eligible as a deduction under section 80-ic of the income tax act, 1961 . ..... by the assessee is allowed to be included as profit derived from industrial undertaking and eligible as deduction u/s 80ic of the income tax act, 1961, when it has been clearly laid down by supreme court in its decision in the cases of cambay electric supply industrial co. ..... (iv) whether in the facts and circumstances of the case, the itat was right in law in holding that the income from sales tax deferment rebate received by the assessee is allowed to be included as profits derived from industrial undertaking and eligible for deduction u/s 80ic of the income tax act, 1961, when the assessee received it from the himachal govt. ..... ) where the point in issue was whether a receipt on account of transport/freight subsidy was of a revenue nature and was inseparably connected with the business and not whether it was income derived from the business of the industrial undertaking and eligible for deduction u/s 80hh/80ia/80ib of the income tax act, 1961? ..... for the benefit of any incentive of sales tax leviable on the sale of manufactured goods under himachal pradesh general sales tax act, 1968 and the income derived from such rebate is not an income derived from industrial undertaking. .....

Murari Lal and ors. Vs. Income-tax Officer a Ward

Court : Punjab and Haryana

Reported in : [1985]154ITR227(P& H)

..... firm wilfully attempted to evade tax, penalty or interest chargeable or imposable on it by preparing false books of account which were in their possession and control and made false entries therein regarding the stock held by it and wilfully omitted to mike entries of profit in those books and the act of omission and of making false entries in those books enabled the petitioner firm to evade tax, penalty or interest chargeable or imposable on it and thus committed an offence punishable under section 276c of the i.t. ..... 5, the firm messrs mohinder pal ajay kumar, timber merchants, kath mandi, hissar, is an income-tax assessee and is being assessed to income-tax by the ito, a-ward, hissar. ..... act, 1961.3. mr. ..... in this manner, the petitioners attempted to conceal the correct particulars of the income and drew an additional amount in their books of account for the aforementioned assessment year by mentioning the words 'to profit to supl. p & l a/c'. ..... act, 1961, by the ito, hissar (annexure p-4 to this petition), and the proceedings taken thereon be quashed.2. ..... on august 31, 1981, the firm, messrs mohinder pal ajay kumar, filed a return of income dated august 31, 1981, along with the copies of statement of accounts, i.e. ..... act, 1961, on july 10, 1981, and during the survey, an inventory of stock-in-trade in respect of the stock of timber was prepared and the books of account of the petitioner firm were checked and signed by the i.t. .....

Cit Vs. Market Committee

Court : Punjab and Haryana

Reported in : [2007]294ITR563(P& H)

..... an application in form 10a, under section 12a of the income tax act, 1961 (hereinafter referred to as the income tax act) on 6-8-2003, seeking registration, under section 12aa of the income tax act. ..... petitioner, namely, that the respondent-market committee is a charitable trust within the meaning of section 11 of the income tax act, we are satisfied, that the determination by the income tax appellate tribunal, delhi bench, that the application submitted by the market committee, dhariwal, under section 12a of the income tax act, deserved to be accepted, and that, the market committee, dhariwal, deserved to be registered under section 12aa of the income tax act, is fully justified and is in consonance with the provisions of the ..... clear stance adopted at the hands of the respondents, that the registration sought by the market committee is for tax exemption under section 11 of the income tax act and not under section 12 of the income tax act, we are of the view, that there is no merit in the fourth contention advanced on behalf of the ..... aforesaid contention of learned counsel for the petitioner, learned counsel for the market committee submitted, that the words '...any other object of general public utility', used in section 2(15) of the income tax act, should not be taken to relate to an activity which would benefit the whole of mankind, or all persons in a country, or all persons in a state ..... including market committees was, however, omitted with effect from the assessment year .....

Commissioner of Income-tax Vs. Satya Narain

Court : Punjab and Haryana

Reported in : [1998]229ITR477(P& H)

..... the following question of law has been referred at the instance of the commissioner of income-tax by the income-tax appellate tribunal (for short 'the tribunal'), under section 256(1) of the income-tax act, 1961, (for short 'the act') : ' whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal erred in law in holding that the assessment order passed by the income-tax officer for the assessment year 1975-76 on september 16, 1978, was barred by time and as such liable to be annulled ?' 2. ..... it was omitted by the direct tax laws (amendment) act, 1987, with effect from april 1, 1989. ..... (iv) the period (not exceeding one hundred and eighty days) commencing from the date on which the income-tax officer forwards the draft order under sub-section (1) of section 144b to the assessee and ending with the date on which the income-tax officer receives the directions from the inspecting assistant commissioner under sub-section (4) of that section, or, in a case where no objections to the draft order are received from the assessee, a period of thirty days, or ... .....

S. Basant Singh (Decd.) and ors. (Through Lrs) Vs. Tax Recovery Office ...

Court : Punjab and Haryana

Reported in : [1998]233ITR508(P& H); (1997)117PLR700

..... [1988]171itr241(all) , wherein the high court held that on the dissolution of a partnership firm, though the partners are jointly and severally liable for the tax dues of the firm in view of the provisions of section 189(3) of the income-tax act, 1961, the tax liability of the firm should be realised by proceeding against the properties of the firm. ..... the company filed their reply before the income-tax authorities, wherein they contested the liability to pay the arrears of income-tax on the ground that the company was already under liquidation and at that time the income-tax act, 1961, had not come into force and, as such, they were not liable jointly and severally for the amount of arrears of income-tax under section 179 of the act. ..... , the date of commencement of the income-tax act, 1961, but the liquidation proceedings were still pending on the said date, the income-tax officer had the jurisdiction to invoke section 179 of the act to take action against the directors of the company for realisation of the arrears of income-tax due from the company and the appeal preferred by the directors against the order of this ..... winding up of the company, proceedings under section 179 of the income-tax act, 1961, (hereinafter to be referred as 'the act'), were commenced against the aforesaid directors by issuing notice thereunder by the concerned income-tax officer, holding them liable to discharge the liability of the company for payment of the due arrears of income-tax, mentioned above. .....

inder Raj Malik and ors. Vs. Jayanti Films (India) Pvt. Ltd. and ors.

Court : Punjab and Haryana

Reported in : (1993)105PLR424

..... the income tax officer in exercise of his power under section 222 of the income tax act, 1961 forwarded to the tax recovery officer a certificate dated 25.3.1975 under his signatures specifying the amount of arrears due from the above said ..... section 171 of the income-tax act, 1961 deals with assessment after partition of a hindu undivided ..... took place on 28.3.1977, within less than 30 days, and therefore, provisions of rule 55 of the schedule ii of the act have been violated; and c) that provisions of rule 57 of schedule ii of the income tax act, 1961 which are parimateria with order 21 rules 84 and 85 c.p.c were not complied with in as much as the full amount of purchase money payable by the purchaser to the tax recovery officer was not paid on or before the 15th day from the date of the sale of the ..... when the facts and circumstances of this case are examined in the light of the provisions of sections 171 and 222 of the income tax act, the only conclusion that can be arrived at is that the property in dispute was not individual property of the appellants and it continued to be huf ..... on behalf of the income tax authorities it was averred that in view of rule 11 of the schedule ii of the income tax act, 1961, the suits were not ..... 2,00,000/- was yet to be paid.the tax recovery officer proceeded under section 222 of the income tax act read with the rules contained in part iii of the ii schedule of the act and sold the above said property of the assessee by public auction on 28.3.1977 for .....

Commissioner of Income-tax, Punjab Vs. Gursahai Saigal.

Court : Punjab and Haryana

Reported in : [1961]41ITR592(P& H)

..... - on the application of the income-tax commissioner, simla, the following question has been referred to this court under section 66 (1) of the indian income-tax act, 1922 :'whether, on a true construction of sub-sections (6), (8) and (9) of section 18a of the indian income-tax act, the interest referred to in sub-section (8) is chargeable for failure on the part of an assessee to submit an estimate of his income, and pay tax, as required by the terms of sub-section (3) of that section ? ..... it is surprising and unusual that an assessee should urge that he is liable to pay penalty under section 28 of the income-tax act and is not liable to pay interest on the shortfall but in the present case this argument has been raised because it is stated that the period for levying penalty has expired.there is no force whatsoever in the ..... i may summarise its provisions so far as they are relevant for the present purposes.now section 18a of the income-tax act deals with payments of income-tax in advance and is based on the principle 'pay as you earn'. ..... if the income-tax officer is satisfied that the assessee had knowingly and deliberately sent incorrect estimate of the advance tax payable, or that the new assessee has without reasonable cause failed to comply with the provisions of sub-section (3), then in either case the assessee is liable to pay penalty under section 28 of the income-tax act with certain limitations with which we are not concerned in the present case. .....

inder Raj Malik and Others Vs. Jayanti Films (India) Pvt. Ltd. and Oth ...

Court : Punjab and Haryana

Reported in : (1994)119CTR(P& H)10; [1994]208ITR486(P& H)

..... the income-tax officer in exercise of his power under section 222 of the income-tax act, 1961, forwarded to the tax recovery officer a certificate dated march 25, 1975, under his signature specifying the amount of arrears due from the above-said assessee. ..... section 171 of the income-tax act, 1961, deals with assessment after partition of a hindu undivided family.admittedly, the property in dispute was originally hindu undivided family property and even according to the appellants the hindu undivided family was not disrupted ..... was effected on march 16, 1977, and the auction took place on march 28, 1977, within less than 30 days, and, therefore, the provisions of rule 55 of the second schedule to the act have been violated; and(c) that in provisions of rule 57 of the second schedule to the income-tax act, 1961, which are in pari materia with order 21, rules 84 and 85, civil procedure code, were not complied with inasmuch as the full amount of purchase money payable by the purchaser to the ..... , whereas demand notice, exhibit d-28, was issued on march 21, 1975, much prior to the passing of the collusive decree on april 19, 1975.when the facts and circumstances of this case are examined in the light of the provisions of sections 171 and 222 of the income-tax act, the only conclusion that can be arrived at is that the property in dispute was not the individual property of the appellants and it continued to be hindu undivided family property. .....

Commissioner of Income-tax Vs. Saraswati Industrial Syndicate Ltd.

Court : Punjab and Haryana

Reported in : [1973]91ITR501(P& H)

..... as far as the provisions of the income-tax act are concerned, the total amount received by the assessee during the relevant assessment year including the sales tax would be a trading receipt for the relevant assessment year in view of the provisions of section 28(i) of the income-tax act, 1961, which are in the following terms:' 28. ..... moreover, the said case was only confined to the interpretation of the word 'collection' as contained in the provisions of section 11 of the mysore sales tax act and that was not a case under the income-tax act. ..... it must, therefore, be included in the trading receipt of the dealer and it becomes income for the purpose of the income-tax act, for the simple reason that the money realised from the purchaser on account of tax is employed by the dealer for the purpose of making profit and the tax is not separated from price simpliciter.'21. ..... question in that case was whether reference to amounts collected by way of tax under that act in section 11(2) of the act, could mean all the tax collected by the assessee irrespective of the fact whether he could collect the same under the act or not, and while interpreting sub-sections (1) and (2) of section 11 of the act, it was held by the mysore high court that the words 'amount collected by way of tax under this act' in section 11(2) of the act could only mean sums collected in respect of sale transactions on which .....