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Additional Commissioner of Income-tax, Gujarat Vs. Mohanlal P. JaIn an ...

Court : Gujarat

Reported in : [1976]102ITR585(Guj)

..... the tribunal, however, was of the opinion that since the income-tax officer had a discretion under the proviso to section 280c(2) of the income-tax act, 1961, to extend the time and since the income-tax officer concerned had noted that the deposit was paid after the prescribe date, it should be deemed that he had exercised his discretion in the matter of condoning the delay, inasmuch as he allowed ..... the revenue, it was urged that there was no absolute discretion to the income-tax officer under the provision to sub-section (2) of section 280c of the income-tax act, 1961, and the income-tax officer has to exercise his discretion for condoning delay in such cases, under such circumstances and subject to such conditions as may be specified in the scheme framed under section 280w of the said act. ..... the division bench, observed as under : 'therefore, it is apparent that the obligatory levying of penal interest under sesction 139 was omitted by the income-tax officer and the procedure laid down in section 139(8) and rule 117a was not followed. ..... commissioner of income-tax, decided on december 17, 1973, where the income-tax officer had omitted to charge interest for the late submission ..... income-tax act, officer, cannanore, where the learned single judge was concerned with the legality of the rectification proceedings under section 35 of the indian income-tax act, 1922, in respect of an original assessment order where the income-tax officer omitted to charge interest as required under section .....

Additional Commissioner of Income-tax, Gujarat Vs. Mohanlal P. JaIn an ...

Court : Gujarat

Reported in : [1976]102ITR584(Guj)

..... the tribunal, however, was of the opinion that since the income-tax officer had a discretion under the proviso to section 280c(2) of the income-tax act, 1961, to extend the time and since the income-tax officer concerned had noted that the deposit was paid after the prescribe date, it should be deemed that he had exercised his discretion in the matter of condoning the ..... that we will be required to answer the question referred to us in each of these references.on behalf of the revenue, it was urged that there was no absolute discretion to the income-tax officer under the provision to sub-section (2) of section 280c of the income-tax act, 1961, and the income-tax officer has to exercise his discretion for condoning delay in such cases, under such circumstances and subject to such conditions as may be specified in the scheme framed under section 280w of the said ..... :'therefore, it is apparent that the obligatory levying of penal interest under sesction 139 was omitted by the income-tax officer and the procedure laid down in section 139(8) and rule 117a was not followed. ..... commissioner of income-tax, decided on december 17, 1973, where the income-tax officer had omitted to charge ..... income-tax act, officer, cannanore, where the learned single judge was concerned with the legality of the rectification proceedings under section 35 of the indian income-tax act, 1922, in respect of an original assessment order where the income-tax officer omitted to charge interest as required under section .....

Assistant Commissioner of Vs. Sri Malathi Chit Funds (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1998)67ITD11(Chennai)

..... we, therefore, dismiss the arguments of the assessee's counsel regarding invoking the jurisdiction of the tribunal and hold that the revenue is justified in invoking the provisions of section 104 of the income-tax act before the tribunal against the order of the cit (appeals) dated 27-3-1990 even after the order of the settlement commission, which does not cover the matter relating to provisions of section 104 of the income-tax act, 1961. ..... [1966] 60 itr 417, the assessing officer did not accept the assessee's explanation for non-declaration of dividend and accordingly imposed additional tax under section 104 of the income-tax act, 1961 in both the assessment years under consideration.3. ..... of these figures it is argued that the assessee-company has to conserve its resources to meet its obligations to its customers and that non-declaration of dividend cannot be held against the company to invoke the provisions of section 104 of the income-tax act, 1961.11. ..... learned departmental representative pointed out that if the arguments of the assessee's counsel are accepted, then there is no need for the provisions of section 245-i of the income-tax act, 1961.7. ..... the provisions of section 245m, omitted by finance act, 1987 w.e.f. ..... the provisions of section 245m are omitted w.e.f. ..... if an item of receipt is deliberately omitted from the accounts it cannot be said that commercial principles prevent that amount being added to the profits in order to arrive at the real commercial or accounting profits .....

American Hotel and Lodging Association Educational Institute Vs. Centr ...

Court : Supreme Court of India

Reported in : (2008)216CTR(SC)377; [2008]301ITR86(SC); JT2008(6)SC379; 2008(7)SCALE588; (2008)10SCC509; 2008AIRSCW4996

..... appellant herein had also moved the aar under section 245q(1) of the 1961 act for a ruling from the authority on the following questions:(i) whether the applicant would be entitled to exemption wider section 10(22) of the income-tax act, 1961, in respect of its various amounts of income from the following sources in india:(a) conducting various courses and certification programmes in hospitality management and operations. ..... (ii) whether the applicant would be entitled to exemption under section 11 of the income-tax act, 1961?11. ..... learned counsel submits that the appellant is claiming exemption under the income tax act, 1961. ..... thus, the department had accepted that the appellant's income was exempt from tax under section 10(22) of the 1961 act inasmuch as no assessments were made and/or no demands for income-tax was raised for all years prior to the assessment year 1999-2000 (corresponding to the accounting year ending 31.3.1999).12. ..... condition that such voluntary contribution is not held by the trust or institution or any university or other educational institution or any hospital or other medical institution, otherwise than in any one or more of the forms or modes specified in sub-section (5) of section 11, after the expiry of one year from the end of the previous year in which such asset is acquired or the 31st day of march, 1992, whichever is later:3[provided also that where the fund or trust or institution ..... section 10(22) stood omitted by finance act, 1998 w.e.f. .....

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. .....

Commissioner of Income Tax Vs. Bhaskar Picture Palace

Court : Supreme Court of India

Reported in : JT1999(10)SC563; (1999)9SCC232

..... the batch of cases concerns section 245d of the income tax act, 1961 as it stood prior to 1991 and thereafter, prior to the amendment in 1991 sections 245d(1) and (1-a) read thus ..... act, has been established or is likely to be established by any income tax authority, in relation to the case :provided that where the settlement commission is not satisfied with the correctness of the objection raised by the commissioner, the settlement commission may, after giving the commissioner an opportunity of being heard, by order, allow the application to be proceeded with under sub-section (1) and send a copy of its order to the commissioner.by the amendment in 1991, sub-section (1-a) was omitted and sub-section ..... (1) reads thus :245-d(1) on receipt of an application under section ..... after the amendment in 1991 of section 245d, whereby sub-section (1-a) was omitted altogether, the respondent made fresh applications to the settlement commission in regard to the same years for which they had applied earlier and the settlement commission .....

Saurashtra Education Foundation Vs. Commissioner of Income Tax

Court : Gujarat

Reported in : (2004)190CTR(Guj)295; [2005]273ITR139(Guj)

..... before considering the rival submissions, it isnecessary to refer to the relevant statutory provisionsin this behalf.chapter iii of the income-tax act, 1961 specifies'incomes which do not form part of total income'.section 10 commences with the heading 'incomes notincluded in total income', and the relevant clause readsas under:-10. ..... it also held lectures, meetings, exhibitionsand audio visual shows on relevant educational topics.in view of these activities, the assessee claimedexemption under section 10(22) of the income-tax act,1961 (hereinafter referred to as 'the act') on the groundthat it was an educational institution existing solelyfor the purpose of education. ..... at this stage, mr soparkar, learned counsel forthe assessee prays for a certificate under section 261 ofthe income-tax act, 1961 for appealing against thisdecision to the hon'ble supreme court.although what we have done is following thedecision of the apex court in sole trustee, lokashikshana trust vs . ..... in this reference under section 256(1) at theinstance of the assessee, the following question has beenreferred for our opinion for assessment year 1981-82:-'whether on the facts and in the circumstances ofthe case, the assessee would be entitled toexemption as contemplated under section 10(22) ofthe income-tax act, 1961 ?'2. ..... this clause was omitted by finance (no.2) act,1998 w.e.f. ..... the words, 'not involving the carrying on of anyactivity for profit' have been omitted by finance act,1983 w.e.f. .....

Commissioner of Income-tax Vs. Bhaskar Picture Palace

Court : Supreme Court of India

..... this batch of cases concerns section 245d of the income-tax act, 1961, as it stood prior to 1991 and thereafter. ..... section under which the order is passed : 245d(l) of the income-tax act, 1961'.8. ..... shall not be proceeded with under that sub-section if the commissioner objects to the application being proceeded with on the ground that concealment of particulars of income on the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or imposable under this act, has been established or is likely to be established by any income-tax authority, in relation to the case : provided that where the settlement commission is not satisfied with the correctness of the objection raised ..... after the amendment in 1991 of section 245d, whereby sub-section (1a) was omitted altogether, the respondents made fresh applications to the settlement commission in regard to the same years for which they had applied earlier and the settlement commission entertained these applications. ..... by the amendment in 1991, sub-section (1a) was omitted and sub-section (1) read thus :'on receipt of an application under section 245c, the settlement commission shall call for a report from the commissioner and on the basis of the materials contained in such report and having regard to the nature and circumstances of the case or the complexity of .....

Shah Originals Vs. Commissioner Of Income Tax 24 Mumbai

Court : Supreme Court of India

..... the words derived from in section 80-hh commissioner of income of the income tax act, 1961 must be understood as something which has direct tax, madurai12 or immediate nexus with the appellant's industrial undertaking.3. ..... the assessee claimed deduction under section 80 hhc of the income tax act, for short, the act .2. ..... commissioner of income-tax.10 a catena of decisions deals with the construction of the expression derived from , especially in the context of the act. ..... the assessee can be correct that the computation shall be as per sections 28 to 44 of the act if the receipt or income is from an export business. ..... the learned senior counsel argues that if the foreign currency fluctuation gain is included in section 80 hhc, all the incomes earned by the assessee will come under the head profit or gain from business or profession , and no other head under section 14 of the act is attracted. ..... therefore, including other income as an eligible deduction would be counter-productive to the scope, purpose, and object of section 80 hhc of the act.13. ..... commissioner of income- the term derived occurring in section 80j tax v. ..... commissioner of income the word derived occurring in section tax v. .....

Megatrends Inc represented by its Mita Kalpesh Patel Vs. The Commissio ...

Court : Chennai

..... submissions and to the issue, as to whether appellant has to be termed as associate of person, taking note of the unreported judgment of the jharkand high court, the rival contentions, on the jurisdiction of the commissioner of income tax, appeals-4, with reference to the statutory provision, section 251(1)(a) of the income tax act, 1961, and on the show cause notice issued as to why enhancement should not be made for the assessment years 2002- 03, 2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, the writ court ..... before the writ court, setting out the powers, under section 251(1) of the income tax act, 1961, the commissioner of income tax, appeals-4 / 1st respondent has submitted that an appeal proceedings is a continuation of the assessment proceedings and that therefore, the appellate authority can himself enter into the arena of assessment, eitherby pursuing further investigation or causing ..... in light of the statutory provision section 251 of the income tax act, 1961 and the decision supra, we have no hesitation to conclude that the legislature has conferred powers on the first appellate authority to enhance the tax liability, subject to of course, to provide an opportunity to the assessee, by issuing a show cause notice. 33. ..... the partnership in his personal capacity, and qua the third party in his representative capacity, and that the same does not confer status to the appellant, as firm, automatically, when the other conditions are omitted to be satisfied. 10. .....