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S.R. Koshti Vs. Commissioner of Income-tax

Court : Gujarat

Reported in : (2005)193CTR(Guj)518; [2005]276ITR165(Guj)

..... , an individual, challenges, by way of this petition under articles 226 and 227 of the constitution of india, the orders made by the commissioner of income tax, ahmedabad vii, ahmedabad under sections 263 and 264 of the income tax act, 1961 (the act) on 29th march 2004.3. ..... -section (4) provides that the commissioner has no power to revise any order under section 264(1): (i) while an appeal against the order is pending before the aac, and (ii) when the order has been subject to an appeal to the income tax appellate ..... with the respondent commissioner while passing the impugned order under section 263 of the act are; (i) that the revised return filed on 24-9-2002 was beyond the period of limitation prescribed under section 139(5) of the act; (ii) the order dated 27th march 2003 passed under section 154 of the act by the assessing officer was prejudicial to the interests of revenue inasmuch as the income assessed in the said order was much lower than the ..... the respondent is directed to not only issue the refund due in accordance with the order under section 154 of the act dated 27th march 2003, but also grant interest under section 244a of the act, till the date of payment of the refund at appropriate rate, as may be prevalent from time ..... that the order was forwarded to the additional commissioner of income tax for the purpose of approval, but the additional commissioner of income tax did not approve the same. ..... reading of the said explanation, which was omitted by finance act, 1999 w.e.f. .....

Sunil Kumar vs.m/s Stock Guru India Ltd & Anr

Court : Delhi

..... it is submitted by the learned counsel for the income tax department that if the decree holder has any grievance against the attachment, the appropriate provision would be under section 193(11) of the income tax act, 1961 where he could have applied to get a favourable order but since no such application was filed, the execution proceedings to recover the amount lying attached under the orders of the income tax department would be against the bar of section 293 of the income tax act.9. ..... though here the learned counsel for the revenue referred to section 292(c) of the income tax act, 1961 to take benefit of presumption attached to the amount seized viz:-"292c (1) where by 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 court of a search under section 132 (or survey under section 133a), it may, in any proceedings under this act, be presumed that such books of account, other documents, money, bullion ..... this application is moved by the deputy commissioner of income tax, central circle-3, new delhi under section 226(4) of the income tax act, 1961 for recovery of income tax with interest, recoverable from the judgment debtor for the a.y. ..... further the plea of revenue that the decree holder ought to have applied u/s 132(11) per rakesh kumar aggarwal (supra) is also not sustainable, per section 132(11) stands omitted by the finance act of 2002 w.e.f. .....

Dharam Chand JaIn Vs. State of Bihar and anr.

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. .....

Dharam Chand JaIn Vs. State of Bihar and anr.

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. .....

Mr.Sujitendra Krishna Deb Vs. Deputy Commissioner of Income Tax Circl ...

Court : Kolkata

..... petition inspired by the supreme court judgment in gkn driveshafts (india) ltd reported at (2003) 1 scc72 pursuant to a notice under section 148 of the income tax act, 1961 for reassessing the petitioner s income for the assessment year 200910, the petitioner filed a revised return indicating a transaction with dalal and shah, mumbai and dalal and ..... maintains that since the supreme court judgment in gkn driveshafts provides for a speaking order to be passed by an assessing officer when the reasons recorded under section 148(2) of the act are challenged, the failure to adequately give reasons in respect of the matters in issue would render such an order bad and result in the consequential ..... in a situation which is not governed by the firs.proviso to the section, the key words are assessing officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year since the impugned order of august 6, 2015 has been challenged with much vehemence, the allegations and the counter allegations have to be referred to, if ..... section 147 of the said act permits an assessing officer to assess or reassess the income of an assessee for any previous year if the assessing officer has reason to believe that any income chargeable to tax ..... provision, if an assessing officer has reason to believe that some income has escaped assessment, appropriate steps may be taken for reassessment of the income for the relevant assessment year under section 147 of the act. .....

Bajaj Tempo Ltd., Bombay Vs. Commissioner of Income-tax, Bombay City-i ...

Court : Supreme Court of India

Reported in : AIR1992SC1622; (1992)104CTR(SC)116; [1992]196ITR188(SC); JT1992(3)SC185; 1992(1)SCALE912; (1992)3SCC78; [1992]2SCR765

..... the question of law that arises for consideration in these appeals directed against order of the bombay high court, in an income tax reference relating to assessment year 1960-61, is if the assessee was entitled to claim partial exemption from payment of tax under section 15c of income tax act of 1922 on profits and gains derived from an industrial undertaking established in building taken on lease used previously for other ..... learned counsel for the department urged that even though from analogous provision in section 80j(4)(ii) in the act of 1961 the restriction of transfer of new business to the building used previously for business has been omitted but that would not reflect favourably for assessee in 1960-61. ..... , : [1980]122itr259(bom) while construing analogous provision, section 84(2) of 1961 act, opined that where machinery taken on hire formed 'insignificant part of the total value' the assessee could not be ..... : [1982]135itr443(guj) , gujarat high court while deciding claim of assessee under 1961 act struck a dissenting note and observed, 'practical common-sense and commercial expediency would necessitate the conclusion that in so far as a new undertaking is being carried on in a building which was previously being used by someone ..... instance by amending the provision in 1967 and providing that any building used previously for business purposes taken on lease by the new company would not be covered in the mischief of clause (ii) of sub-section (4) of section 80j of 1961 act. .....

Tarachand Koyal Vs. Maheswar Choudhury

Court : Orissa

Reported in : [1974]96ITR133(Orissa)

..... apply to a case of repeal even if there is simultaneous enactment unless a contrary intention can be gathered from the new enactment.keeping in view the above test, it must be held that there is nothingin the income-tax act, 1961, which manifests an intention that the protection from and prohibition of disclosure of assessment records as afforded by section 54 would not be applicable to assessments which had been completed before the 1st day of april, 1962, which was the date on which theincome ..... leaving aside for a moment the question whether there is anything in the finance act of 1964 disclosing a different intention, it is clear that under section 6(c) of the general clauses act, the inadmissibility of the evidence of sri marar will continue, notwithstanding the omission of section 137 of the income-tax act of 1961 by the finance act of 1964. ..... the income-tax officer could claim that this right continued, notwithstanding the omission of section 137 of the income-tax act of 1961, by virtue of section 6(c) of the general clauses act. '12. ..... state6 dealt with the same question and concluded thus:' the question that remains is whether the consequences as laid down in section 6 of the general clauses act arise despite the repeal of the act of 1922 by the income-tax act, 1961. ..... the corresponding provision in the 1961 act was to be found in section 137(1), this section was omitted from the statute by the finance act of 1964 with effect from april 1, 1964.5. .....

Amity Hotels Private Limited Vs. the Commissioner of Income-tax, Delhi ...

Court : Delhi

Reported in : (2004)192CTR(Del)607; [2005]272ITR75(Delhi)

..... these petitions are preferred by different assesseds questioning the issuance of notices by the assessing officer under section 158bd of the income-tax act, 1961 (hereinafter referred to as 'the act'). ..... it is further said 'keeping in view the above observations and preliminary examination of the seized record, proceedings under section 158bd of the income-tax act are hereby initiated against the assesseds company, to carry out detailed investigation'.9. ..... keeping in view the above observations and preliminary examination of the seized record, proceedings under section 158bd of the income-tax act are hereby initiated against the assesseds company, to carry out detailed investigation.' 8. ..... not being less than fifteen days but not more than forty-five days, as may be specified in the notice a return in the prescribed form83 and verified in the same manner as a return under clause (i) of sub-section (1) of section 142, setting forth his total income including the undisclosed income for the block period: xxxx xxxx xxxx xxxx xxxx'4. ..... similarly, section 132a of the act requires that the officer mentioned therein, in consequence of information in his possession must have 'reason to believe' that the person has omitted or failed to produce or cause to be produced such books of accounts, etc. .....

J. Jermons Vs. Aliammal and ors.

Court : Supreme Court of India

Reported in : AIR1999SC3041; 1999(3)CTC697; JT1999(6)SC26; (2000)1MLJ71(SC); 1999(5)SCALE12; (1999)7SCC382; [1999]Supp1SCR467

..... tax recovery officer in exercise of his powers under section 222 of the said act.the necessary challans for depositing the money to the credit of the central government may be obtained ..... kiroi mal luhariwala : [1964]6scr181 , while considering effect of notice under section 46(5a) of the income-tax act, 1922 which is a precursor of section 226(3) of the income-tax act, 1961 held that it was in the nature of garnishee order and the tenant (the person on whom the notice was served) could not, so long as the notice ..... .further, if you fail to make payment in pursuance of this notice to me as income-tax officer, you shall be deemed to be an assessee in default in respect of the amount specified in the notice and further proceedings may be taken against you for the realisation of the amount as if it were an arrears of tax due from you in the manner provided in sections 222 to 225 of the income-tax act, 1961, and this notice shall have the same effect as an attachment of a debt by the ..... 81,877 and the interest payable under section 220(2) of the income-tax act, 1961 for the period commencing immediately after the said date:*** *** ***it is ordered that t.m.germans fernandes, hire cycle shop, eravadi, be and is hereby prohibited and restrained .....

Sundaram Industries Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : (1986)53CTR(Mad)51; [1986]159ITR646(Mad)

..... large land holdings tax act, 1957, was deductible under section 10(2)(xv) of the indian income-tax act, 1922, in computing their business income and such tax was not a wealth-tax or any of the other taxes referred to in the explanation to sub-clause (iia) inserted in section 40(a) of the income-tax act, 1961, by section 2 of the income-tax (amendment) act, 1972. ..... in that decision, while dealing with the concept of 'business expenditure', it was pointed out that an expenditure cannot be allowed as a business expenditure under section 37(1) of the income-tax act, 1961, unless it was incurred or laid out directly or indirectly by the assessee wholly and exclusively for the purpose of his business. ..... the substantial argument of the learned counsel for the assessee in this case is that if payment of tax is to be treated as incidental to the business, then by the very terms of section 37 of the income-tax act, 1961, the expenditure so incurred must be treated as wholly and exclusively for the purpose of business. ..... the following question has been referred to this court under section 256(1) of the income-tax act, 1961, at the instance of the assessee : 'whether, on the facts and in the circumstances of the case, the sum of rs. .....