Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Court: income tax appellate tribunal itat agra

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

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2005)94ITD345Agra

..... the existence of the same byway of secondary evidence as provided under section 61 to 65 of the indian evidence act and if we consider the various eventualities specified under section 65(supra), we are of the opinion that only sub-clause, which can come to the rescue of the revenue, should be the sub-clause (c) of section 65, which speaks that when the original had been destroyed or lost or when party offering evidence of its content cannot, for any other reason, ..... was not validly served and therefore, the assessing officer could not have valid/legal jurisdiction to proceed with the subsequent assessment proceedings.19.1 having held the service of notice under section 148 of the act dated 15.9.98 made on unauthorized person, namely mr. m.k. ..... , the honble supreme court as per decision dated 25.10.96 reported in 39 stc-151 held as under :- we hold that intending purchasers of the india liquor who seek to obtain distillery passes are also legally responsible for payment of the excise duty which is collected from them by the authorities of the excise department. ..... the assessment order was properly and legally completed because the notice under section 148 was only served on the ..... it is up to the court to take stock to determine the nature of the new and sophisticated legal devices to avoid tax and consider whether the situation created by the devices could be related to the existing legislation with the aid of emerging techniques of interpretation as was done in ramsay, burma oil .....

Vinod Kumar Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2005)98TTJAgra769

..... income "within 30 days" of the receipt of the notice as against the required period of "not being less than 30 days" was an invalid notice 15.2 the facts of the case were that the provisions of section 22(2) indian it act, 1922, required the ito, in the case of any person whose total income was of such an amount as to render such, person liable to income-tax, to serve a notice upon such person requiring him to ..... the headnotes read as under : "a notice requiring a person to furnish a return the next day when the provision of the statute under which the notice is served is that the assessing authority may serve a notice on a person requiring such person to furnish a return within such period, not ..... on legal grounds, the challenge was on the validity of notice issued under section 158bc, whereas with respect to the merits, the challenge was that the payments towards purchase of silver ornaments/silver were made out of their past savings.4.10 the cit(a) rejected their legal objections as per para 3.4, which is common in all cases and reads as under : "3.4 i have considered the ..... validity of notices issued under section 158bc of the it act, 1961 (hereinafter referred to as the act), and consequential assessments for block period both on legal ground and on merits.2. ..... the purchases of silver ornaments/silver as undisclosed income.4.9 all the five assessees went in appeal before the cit(a) and objected to the assessments of block period both on legal grounds as well as on merits. .....

Vidit Kumar, Ram Krishan Agarwala Vs. Deputy Commissioner of Income Ta ...

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2005)95TTJAgra117

..... where the (director general or director) or the (chief cit or cit), in consequence of information in his possession, has reason to believe that : (a) any person to whom a summons under sub-section (1) of section 37 of the indian it act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian it act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be produced, any books of account or other documents, has omitted or failed to produce, or cause to be produced, such books of account or other documents, as required ..... same to court or to give custody thereof to any person on his executing a bound and undertaking to produce property before court as and when required and to give effect to further orders of court as to disposal of same--held, yes--whether there can be no transfer or appropriation of any property seized by police except under order of court -held, yes--whether section 132a does not authorise any notice to court or by no stretch of imagination, court can be identified as any officer or authority under ..... with respect to this objection the learned counsel submitted that the same may be decided as being consequential because he was not going to object to the legality of levy of interest without there being specific order in the assessment order.32. .....

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

Court : Income Tax Appellate Tribunal ITAT Agra

..... but where the tribunal is only required to consider the question of law arising from facts which are on record in the assessment proceedings, there is no reason why such a question should not be allowed to be raised when it is necessary to consider that question in order to correctly assess ihe tax liability of an assessee" has held as under : "that the tribunal had jurisdiction to examine a question of law which arose from the facts as found by the income- ..... 2 was with respect to legality of notice under section 143(2) of the act having been issued after the expiry of a period of 12 months from the end of the month in which the returns for all the three assessment years were filed in response to notice under section 148 of the act and the consequential validity of assessments framed thereupon.according to the learned counsel the third issue was against the taxing of rental income from the property in the name ..... i(1) has been marked as "said" which normally is marked by the bench to indicate "not pressed".when this fact was brought to the notice of the learned counsel of the assessee, i.e. ..... but where the tribunal is only required to consider the question of law arising from facts which are on record in the assessment proceedings, there is no reason why such a question should not be allowed to be raised when it is necessary to consider that question in order to correctly assess the liability of an assessee. .....

K.G. Hotel Pvt. Ltd. Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Agra

..... . ito 176 itr-352 has held that if the income tax officer does not form his own belief, but merely acts at the behest of any superior authority, it must be held that the assumption of jurisdiction under section 148 of the act was bad for non-satisfaction of the condition precedent, we also noted that the reason to believe was not in good faith as there was no new material or information, on ..... commissioner cancelled the assessment orders under section 33b of the indian income-tax act, 1922, on december 22, 1962 and directed fresh assessments in accordance with law by the income-tax officer having proper jurisdiction over the case after due enquiry, notices of reassessment were issued to the assessee on november 27, 1964, by the income-tax officer, central circle, calcutta, under section 148 of the income-tax act, 1961, for the assessment years 1956 ..... the fact that in the proposed draft order these grounds have not been addressed as relief has been granted to the assessee wherein the ao itself has been quashed on a legal ground and taking note of the face that before the first appellate authority the impugned order was passed ex parte. ..... therefore, according to the ld.counsel for the assessee when the appeal of the assessee was allowed, he ..... . act when he noted an ..... . hence, when initiation of reassessment proceedings was stated to be on the direction of the commissioner, the reassessment proceedings are invalid even though on the facts it is established that there was non- .....

Kanhaiya Ice Factory Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2003)87ITD77Agra

..... into picture and revenue's case is not saved.16.1 coming to the facts of the present case, i am of the opinion that the original assessment having been annulled for want of service of notices under section 148 of the act, the assessing officer could proceed to serve the notices issued on 26-3-1985 (for assessment years 1976-77 to 1979-80), on 9-1-1986 (for assessment year 1980-81) and on 24-12-1985 (for assessment year 1981-82 ..... limitation for issuance of the notice 10.3 after having considered the aforesaid provisions and keeping in view that all these provisions are part of process for making of assessment or reassesment under section 147 of the act, it is the cumulative effect of these provisions which has to be taken into account and therefore when the assessment/reassessment is to be framed within a period of 4 years from the end of assessment year in which the notice under ..... that, the observations of the cit(a) were directions then also the directions were to comply with the requirements of sections 149 and 151 of the act and not to do away with the same which otherwise means that the observations of the cit(a), as already stated, were nothing but apprising the assessing officer of the legal provisions and not to give any specific direction.7.3 in view of above discussions, answer to question no. ..... the legal position discussed above the assessing officer may re-issue the notice under section 148 and serve the same on the assessee in the manner prescribed under section 282. .....

Sharda Educational Trust Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2006)99TTJAgra212

..... assessee's claim that the transaction in question was neither loan nor deposit because the amount having been received from the trustee, was receipt to oneself, there was no reason for levy of penalty under section 271d of the act and that the default, if any, was of technical and venial nature, we, in absence of any decision, contrary to the decision relied upon by the counsel for the assessee, such as the decision of tribunal, jaipur ..... that the learned cit(a) has not properly appreciated that the requirements of section 275 of the it act have not been fulfilled as the penalty proceedings have been initiated on 12th june, 2003, after a gap of about seven years from the end of relevant assessment year and that too when no assessment proceedings were pending before the learned ao. 2. ..... . we are impressed by the reference of section 69 of the indian contract act, 1872, which, helps on understanding the true character of these transactions ..... .' the transactions under consideration are evidently of the nature referred to in section 69 of the indian contract act, 1872 ..... . mehta (supra) had also held that a firm has no distinct legal entity apart from the partners except that in it act a firm is a unit of assessment and has certain attributes simulative of a personality ..... . it has been held that the provisions of the it act go to show that the technical view of the nature of a partnership, under english law or indian law, cannot be taken in applying the law of income-tax .....

Farrukhabad GramIn Bank Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2006)103ITD207Agra

..... farmers, agricultural labourers, artisans and small entrepreneurs and for matters connected therewith and incidental thereto.4.9 he observed that these objects which have been enshrined in section 18 of the rrb act, 1976 and section 3 of the said act which specified the area of operation of the rrb and which vide notification by the central government in the case of assessee bank were district farrukhabad ..... dealing with all or any part of the property and rights of the company; (m) acquiring and undertaking the whole or any part of the business of any person or company, when such business is of a nature enumerated or described in this sub-section; (n) doing all such other things as are incidental or conducive to the promotion or advancement of the business of the company; (o) any other form of business which the central ..... which was in the nature of security specified under section 20 of the indian trusts act, 1882, and therefore, was an investment in accordance with the mandatory provisions of section 44 of the punjab cooperative societies act, 1961 and hence was eligible for deduction under section 80p(2)(a)(i) for the asst. ..... focus on either side as can be seen from the perusal of the detailed arguments advanced before the bench and recorded in the earlier part of the order again on legal principles, we are of the view whether deduction is allowed to the assessee or not and whether it is allowed to slr investment or non-slr investment or not, it is necessary to have ..... tendered .....

K.G. Hotel (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2008)116TTJAgra455

..... statistical purposes.since there is difference of opinion between the members while adjudicating the captioned appeal, the following question is referred to the hon'ble president of the tribunal for deciding the same as contemplated in section 255(4) of the it act: in the facts and circumstances of the case is the action of the learned am correct in quashing the assessment or is the action of the jm correct in upholding the assessment?" 1. on a difference of opinion, the president, tribunal has ..... . 1991-92 and on the basis of such false reasons, the ao cannot get jurisdiction to issue notice under section 148; that the valid course of action for the ao was that he should have framed assessment order under section 144 of the it act, when he noted that it was an invalid return of income; that as the cit(a) allowed the appeal of the assessee by restoring the matter to the file of the ao, mentioning "the appeal is consequently to be taken as allowed for ..... view of the fact that in the proposed draft order these grounds have not been addressed as relief has been granted to the assessee wherein the assessment order itself has been quashed on a legal ground and taking note of the fact that before the first appellate authority the impugned order was passed ex parte. ..... the cit cancelled the assessment orders under section 33b of the indian it act, 1922, on 22nd dec, 1962 and directed fresh assessments in accordance with law by the ito having proper jurisdiction over the case after due .....

Saraf Gramodyog Sansthan Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Agra

Reported in : (2007)108ITD115Agra

..... to "return of income, assessment, notice, summons or other proceedings".it does not refer to the reasons recorded by the assessing officer.section 292b reads as under: no return of income, assessment, notice summons or other proceeding, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of income, assessment notice, summons or ..... thus, we hold that formation of belief by the assessing officer for reopening the assessment was not legally proper as on the basis of facts recorded in the reasons he could not have come to the inference that sum of rs ..... when the assessee has disclosed fully and truly all material facts necessary for the assessment and on the basis of which the assessment is made, then exercise of powers under section 148 of the act contemplates that : (a) there must be material for the belief regarding escape of income from taxation; (b) circumstances must exist and cannot be deemed to exist for arriving at an opinion; (c) reasons to believe must be honest and not based on ..... there is no quarrel about the proposition that in view of legal position any other escaped income which comes to the notice of the a.o ..... the next question is whether formation of belief was legally proper on the basis of material brought in the reasons ..... in view of this legal position, the a.o .....