Judgment Search Results Home > Cases Phrase: income tax act 1961 section 80rrb deduction in respect of royalty on patents Court: income tax appellate tribunal itat agra

B.D. Gupta, S.D.O. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Agra

..... the provisions of section 148 includes that return filed in compliance to notice under section 148 shall be considered as return filed under section 149 of the income tax act, 1961." i have considered the rival submissions, facts and circumstances of the case and the decision relied upon by the assessee.so far as the assessees ..... agra bench that the provisions of section 148 includes that return filed in compliance to notice under section 148 shall be considered as return filed under section 139 of the income tax act, 196l." (iii) the itat, agra bench, therefore, after following the decisions of honble kerala high court (full bench) in the case of mrs. lally ..... at the residential premises of the assessee on 27-7-1997 thereupon they seemed to have informed the income tax authorities. the assessing officer having jurisdiction over the assessees case initiated proceedings under section 147 of the act for the assessment years 1994-95, 1995-96 and 1996-97 by issuing notice under section 148 of .....

Shri Rajeev Kumar Doneria Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2005)94ITD345Agra

..... ). it has been held by the supreme court that the scheme of income tax act, 1961 so far as notice for the reassessment is concerned, is quite different from that of 1922 act. a clear distinction has been made out between issue of notice and service of notice under the 1961 act. section 149 of the 1961 act, which provides the period of limitation, categorially prescribes that no notice ..... that he did tile the return for the relevant year, but according to the income tax authorities the said return was filed before some ito who had no jurisdiction to proceed with the assessment, and, consequently a notice was issued by the ito under section 139(2) of the income act 1961 for filing the return. the assessee claimed that the notice was not served .....

Brij Bhushan Agarwal Vs. Cit

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2005)2SOT811Agra

..... the assessment after considering the evidence filed and after his satisfaction about the genuineness of cash credits, the order of revision under section 263 of the income tax act, 1961, on the vague ground that the assessing officer did not make proper enquiry was not valid. the tribunal was justified in setting aside the order ..... officer was undoubtedly erroneous and prejudicial to the interest of revenue. i, therefore, proceed to invoke the powers vested under section 263 of the income tax act, 1961 and setaside the assessment order of the assessing officer to be made de novo after carefully considering all the relevant facts and evidences and also giving ..... the assessment order then merely in the interest of revenue, the proceedings under section 263 of the income tax act cannot be invoked.it was, therefore, submitted that the proceedings initiated under section 263 of the income tax act, 1961 in the case may be dropped.7. the facts and circumstances relating to the case have been .....

Haryana Delhi Tpt. Commission Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Agra

..... two appeals of the assessee are directed against common order dated 30-3-1995 recorded by the cit(a)-i, agra by which penalties imposed by the assessing officer ('ao' in short) under section 271(1)(c) of the income-tax act, 1961 for assessment years 1983-84 and 1984-85 were confirmed in part.2. facts, relevant in ..... both the appeals, are identical. it may be seen that assessee filed return of income for assessment year 1983-84 showing income from commission earned by booking goods for transportation. a ..... are not sufficient to conclude that assessee had concealed or suppressed his income. thus, penalty was not leviable merely on the basis of addition sustained in quantum proceedings.accordingly, orders of the cit(a), confirming penalty under section 271(1)(c) of the act, for both the assessment years under consideration arc set aside and penalties .....

A.C.i.T. Vs. Shri Baikunth Nath Singhal, Smt.

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2004)89ITD109Agra

..... notice under section 148. in the present case, notices under section 148 were issued and assessments were made within the limitation laid down in sections 149 and 153 of the income-tax act, 1961. we find force in the contention of the revenue that so long as ingredients of section 147 are fulfilled and so long as the assessment is made within the limitation ..... under section 143 or under section 144 of the it act. the ld. counsel further argued that section 147 deals with the income escaping from assessment but the assessment of the escaped income shall be made as per the provisions of section 143 and 144 of the it act and not in accordance with section 147 of the it act 1961.the ld. counsel further argued that sub-section .....

Shri Chandra Bhan S/O Shri Ved Ram Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Agra

..... ).here again, we find the order under section 158bc as having been validated by the provisions of section 292b of the act. to begin with, the ld. assessing officer himself gives the caption, "158bc read with section 143(3) of the income-tax act". on perusal of the assessment order, it is seen that the assessee appeared before the ld. assessing officer through his ..... with the assessing officer and relatable to such evidence. in the regular assessment under section 143(3), the assessing officer is empowered to bring to assessment any income chargeable to tax under the provisions of the act, the meaning of "such other materials" appearing in section 158bb(1) has been considered at noth in the decision of itat, mumbai and the hon'ble .....

Chandra Bhan Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2006)98ITD6Agra

..... ).here again, we find the order under section 158bc as having been validated by the provisions of section 292b of the act. to begin with, the ld. assessing officer himself gives the caption, '158bc read with section 143(3) of the income-tax act'. on perusal of the assessment order, it is seen that the assessee appeared before the ld. assessing officer through his ..... with the assessing officer and relatable to such evidence. in the regular assessment under section 143(3), the assessing officer is empowered to bring to assessment any income chargeable to tax under the provisions of the act. the meaning of 'such other materials' appearing in section 158bb(1) has been considered at length in the decision of itat, mumbai and the hon'ble .....

A.C.i.T. Vs. Nandan Sales Corpn.

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2008)117TTJAgra433

..... of goods in transit.7. there being points of difference between the members, a reference under section 255(4) of the i.t. act, 1961 was made to hon'ble president, income-tax appellate tribunal and the following question has been referred: whether in the facts and circumstances of the peculiar case is it appropriate to restore the ..... , relate to method of accounting, as envisaged under section 145 of the act. section 145 of the act is merely a machinery provision, which necessarily is to be taken as an enabling provision only so as to effectuate the charge provided under the income-tax act. though by merely looking at the wording of section 145, it may appear ..... that the accounting standards as may be notified by the central government have to be followed in computing the income chargeable under the heads profits and gains of business, yet .....

Late Smt. Krishna Devi, L/H. of Vs. A.C.i.T. [Alongwith Ita Nos. 79,

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2004)90ITD641Agra

..... o. hence the argument of the appellant that the proceedings before the a.o. were got barred by limitation under the provisions of section 153(2a) of the income tax act, 1961 does not survive as no proceedings were pending before the a.o. who was bound to follow the directions of the hon'ble i.t.a.t. as ..... under sections 143(3)/154 in view of the bar imposed under the provisions of sub-section 2a of section 153 of the income tax act, 1961. (2) that without prejudice to ground no.(1) above, the learned cit(a), has erred in not adjudicating upon merits about the following additions on account of- (3) that the order of the ..... "canceling the order of penalty". the expression "cancellation of assessment" has been used in section 146 of the income tax act, 1961, which deals with the power of the assessing officer to reopen a best judgment assessment under section 144 of the act. it is thus clear that the legislature has consciously and deliberately used the expression "annulment of assessment" in .....

Kanhaiya Ice Factory Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2003)87ITD77Agra

..... these appeals are by the assessee and involve common issues, one of which is relating to validity of notices issued under section 148 of the income-tax act, 1961 (hereinafter referred to as 'act') for assessment years 1976-77 to 1982-83.3. the brief facts necessary for the disposal of this issue and as have been revealed ..... service of notice under section 148 and consequent assessments, cannot be upheld. the chart of the returned and assessed income reproduced above show that in assessment years 1976-77, 1977-78 ..... with the requirements of section 149 including section 151(1) of the act? to my mind, a curable defect can be rectified at any stage by proper service of notice under section 148 and adherence to the required provisions of the income-tax act in subsequent proceedings. thus this reopening of assessment based on improper .....