Court : Orissa
Reported in : [1971]27STC481(Orissa)
..... limit specified in the said revised notice.' 6. a bare comparison of the analogous provision would show that the scheme in both central sales tax act and the orissa sales tax act are same. there is no corresponding provision in the income tax act regarding the explanation. mr. mohapatra places reliance on a decision in dwarika prasad sharma v. state of orissa, (1965) 16 stc 144 (orissa ..... g.k. misra, c.j.1. the petitioner was assessed to sales tax on 31st of august. 1961 under rule 10 of the central sales tax (orissa) rules, 1957 (hereinafter referred to as the orissa rules) framed under the central sales tax act. the assessment for quarters ending 30th june, 1958 to 30th of june, 1959 was to the tune of rs. 1,21,500/-. appeals .....
Tag this Judgment!Court : Orissa
Reported in : [1976]103ITR613(Orissa)
..... (1) of the income-tax act, 1961, the provision of the orissa sales tax act considered by the supreme court is absolute in terms in that it rules out means rea as an essential ingredient for the imposition of penalty. ..... their lordships laid down as follows :'the words ' has without reasonable cause failed to furnish it within the time allowed ' in section 271(1)(a) of the income-tax act, 1961, show that mens rea is an ingredient to be proved by the department before the imposition of penalty.'38. they again observed at page 75 thus :'unlike section 271 ..... of 1973.2. for the assessment year 1964-65 the accounting year ended on the ram navami day (april 18, 1964). under the provisions of the income-tax act, 1961 (hereinafter to be referred to as ' the act'), which came into force on and from april 1,1962, the firm was required to submit its return under section 139(1) of .....
Tag this Judgment!Court : Orissa
Reported in : [1993]200ITR131(Orissa)
..... question for the opinion of this court under section 256(1) of the income-tax act, 1961 (in short, 'the act').'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the assessee was deriving income from business and that, therefore, the assessee was a firm entitled to ..... in question also, the assessing officer disallowed the claim of the assessee to be treated as a partnership firm. in appeal, the appellate assistant commissioner of income-tax, cuttack range, confirmed the finding of the assessing officer and dismissed the appeal. the assessee carried the matter in appeal before the tribunal. its primary ..... 'trade'. in narasingha kar and co. v. cit : [1978]113itr712(orissa) , this court had occasion to deal with almost a similar controversy. it was held that the income of the assessee in that case from the shops was assessable under section 28 of the act as income from business, and since the assessee was carrying .....
Tag this Judgment!Court : Orissa
Reported in : 43(1977)CLT274
..... r.n. misra, j.1. on an application made by the revenue under section 256(2) of the income-tax act of 1961 (hereinafter referred to as ' the act'), this court directed the income-tax appellate tribunal, cuttack bench, to state a case and refer the following question of law for its opinion and the tribunal pursuant to the said ..... deposit may have been made by the assessee himself. for the conclusion of the income-tax officer, admittedly, there was no material and at the most there could be scops for suspicion. a bare suspicion, however, is no foundation for any quasi-judicial act. the advance by mehra and repayment to him having passed through a bank, in ..... penalty under section 271(1)(c) of the act ' 2. the relevant assessment year is 1964-65 corresponding to the previous year ending on march 31, 1964. the income-tax officer included the following items as the assessee's income though the same had not been returned :rs.(i) salary8,500(ii) income from property14,050(iii) dividend on shares in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori280; [1959]37ITR522(Orissa)
..... jurisdiction to substitute the partners of the unregistered firm and to proceed against them, since the partners are jointly and severally liable for the income-tax dues under section 44 of the income-tax act. thus, the decision in : [1958]33itr435(cal) (a) is clearly distinguishable and does notappear to have arty application to the ..... presidency division, was neard and allowed. the commissioner held that no notice of dissolution under section 25(2) of the income-tax act having been given to the income-tax authorities, section 44 of the act was not applicable, and consequently the assessmentcould not be sustained as an assessment of a dissolved firm. he further held ..... present petitioners carrie an appeal against the order dismissing the petition under section 26a of the income-tax act. all that is sought to be challenged is that the income-tax officer has no jurisdiction under section 46(6) of the income-tax act. this contention cannot be accepted for a moment, for as i have stated earlier, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori16; 16(1950)CLT88; [1951]19ITR219(Orissa)
..... consisting of the members of the family. the petitioner claimed exemption from income-tax under schedule 5 (4), income-tax act, 1939. the income-tax officer rejected his claim, but the appellate assistant commissioner held that the provisions of schedule 5 (4) would apply to the facts of the ..... income-tax under the income-tax act, 1918. during the assessment year 15-4-43 to 2-4-44, the joint family became separated and was succeeded by a partnership firm ..... of the case the provisions of schedule 5 (4) are applicable to all the activities of a business or to those activities which suffered tax under the income-tax act, 1939.'2. the petitioner represented a joint hindu family concern and was carrying on mercantile business in grains prior to 1918 and had been assessed to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... behalf of the state of orissa, the advocate-general contended that the enhanced agricultural income-tax act was a bona fide taxing measure meant to raise the rate of agricultural income-tax to the same level as that prevailing in the indian income-tax act and that it had nothing to do with the bill dealing with the acquisition of ..... the questions raised by the learned counsel for the petitioners. as regards the validity of the orissa agricultural income-tax (second amendment) act, 1950 (orissa act, 15 of 1950) (hereinafter referred to as the enhanced agricultural income-tax act), though i do not wish to express dissent from the view taken by my lord, i think it ..... of additional financial resources is a pretence. it is true that any person responsible for the contemplated increase of provincial revenues by the amended agricultural income-tax act, should have been conscious of the likelihood of such increase being temporary in view of the pendency of the legislation for the estates abolition. .....
Tag this Judgment!Court : Orissa
Reported in : (1987)64CTR(Ori)210; [1987]166ITR882(Orissa)
..... of the constitution of india, the petitioner has assailed the order passed by the tax recovery officer, sambalpur circle, under rule 11 of the second schedule to the income-tax act, 1961, directing sale of the property under attachment.3. proceedings initiated under the orissa public demands recovery act for recovery of tax for the years 1951-52 to 1958-59 proved abortive, on the holding of ..... the revisional authority that the provisions contained in the orissa public demands recovery act were not attracted, the provision being those contained in the income-tax act. proceedings were .....
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT468; (2005)196CTR(Ori)230; [2005]276ITR549(Orissa); 2005(I)OLR420
..... a.k. patnaik, j.1. this is an appeal under section 260(a) of the income tax act, 1961 (in short, 'the act') filed by the appellant against the order dated 12th march 2002 of the income tax appellate tribunal, cuttack bench, cuttack in i.t.a. no. 301/ctk/1997.2. the facts briefly are that the appellant is a partnership firm ..... in a court of law. (see observations of this court in the cases of calcutta discount co. ltd., v. income-tax officer and s. narayanappa v. commissioner of income-tax, while dealing with the corresponding provisions of the indian income-tax act, 1922).'the supreme court has further observed in the aforesaid case of lakhmani mewal das (supra) that action under section ..... arise for decision in this case.'(i) whether, on the facts and in the circumstances of the case, the reopening of the assessment under section 147 of the income tax act was justified and legal and(ii) whether, on the facts and in the circumstances of the case, the addition of rs. 2,70,421/- as inflated .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori185; [1959]36ITR94(Orissa)
..... shown in the same account book --the department held that the assessee had no record to show that it was paid out of the non-agricultural income taxable under the indian income-tax act. the non-agricultural income is admittedly about rs. 91,000/-. the assessed claimed a rebate on rs. 10,000/- only.6. on the above facts, the learned ..... year 1952-53 the petitioner assessee contributed rs. 10,000/- as a donation to the bhadrak college, an institution approved under section 15-b of the indian income-tax act, in the cash book referred to above, the said sum of rs. 10,000/- was simply debited without stating whether it came out of the agricultural or non ..... the assessee. there was no such proof and it may very well be said that the entire amount was paid even out of the agricultural income, which was not subject to the indian income-tax act. we, therefore, find no reason to interfere in this matter'.4. in their appellate order rejecting this contention, the appellate tribunal relied upon .....
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