Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Sorted by: recent Court: income tax appellate tribunal itat allahabad Page 1 of about 12 results (0.108 seconds)

Gorakhpur Petro Oils Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2005)95TTJ(All.)489

..... order was made after the insertion of section 292b by taxation laws (amendment) act, 1975, impugned assessment order was in substance in conformity with and according to the provision of the it act. hence, assessment order was not invalid under section 292b of the it act and could not be nullified.4.3 similarly the hon'ble allahabad ..... transactions of investment in the assessee-company. 38. it is, therefore, seen that the assessee has no explanation to offer on the aforesaid important evidence/information found during the search. as regards the assessee's reliance on the affidavits of the so-called shareholders, it is submitted as stated earlier also that ..... recorded in the books of account or other documents found during the search may require further clarification, inquiry or investigation.in my opinion, the material or information gathered during the course of investigation or inquiry in respect of such entry or transaction recorded in the books of account or documents, etc. found during .....

Shervani Industrial Syndicate Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2006)99TTJ(All.)123

..... section, a notice is mandatory and not a mere formality. in the provisions of section 143(2), as they stood before substitution by the direct tax laws (amendment) act, 1989, w.e.f. 1st april, 1989, no time-limit was prescribed for issue of a notice. it was in the context of the pre ..... to the appellant and in response to such show-cause notice, the appellant again made detailed submissions and even referred to various case law. after considering all these materials and information, including the position of law, the ao granted exemption.32. subsequently, the hon'ble supreme court in the case of cit v.mahalaxmi sugar mills co. ltd. ..... proves that the decision taken to initiate action under section 263 was justified. 6. because the findings as aforesaid are wholly misconceived and even inconsistent with the material and information on record and assumption of jurisdiction under section 263 on such misconception has rendered the impugned order dt. 27th feb., 2004, as vitiated in law. 7. because .....

Assistant Commissioner of Income Vs. Fertilizer Traders [Alongwith

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2004)83TTJ(All.)473

..... of the present cases and the ratio of the various decisions (supra), we are of the opinion that so far as the doctrine of merger, even after the amendment of the provisions of section 263 is concerned, once any of the 'aspects' of an 'issue' is the subject-matter of appeal before the cit(a), then ..... income and it has to be necessarily based on material found during the course of search under section 132 of the it act, 1961. the scope of survey under section 133a was entirely different and the information gathered during the course of survey cannot be made the basis of addition in block assessment. the learned counsel for the ..... is available. as it is undisclosed income, so no bad debt could be claimed. the learned departmental representative lastly argued that provisions of section 158bb have been amended, therefore, material recovered during survey could be considered.38. the learned counsel for the assessee submitted that the details submitted in the affidavit are not additional evidence as .....

Broswel Pharmaceutical Inc. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2004)83TTJ(All.)126

..... is most unfortunate that the registry is taking contrary stand at their whims and fancies without any reasons. we may further remind that according to the amended provisions contained under the it act, 1961, the stay order may be operative for a period of six months or the disposal of the appeal whichever occurs earlier. however, the registry ..... the stay petition is not defective. the defects pointed out by the assistant registrar are accordingly not proper and filed. we may remind here that we are informed that large number of stay petitions, misc. petitions, and early hearing petitions have been withheld by the registry and the same have not been put up for ..... the assistant registrar as mentioned above. however, we are constrained to decide the issue on the above defects pointed out by the assistant registrar as we are informed that large number of stay petitions, misc. petitions and early hearing petitions have been kept pending by the registry almost on the similar defects as pointed out .....

All India Children Care and Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... -section "regular assessment" has been defined as assessment made under section 143(3) or section 144. the provisions of the act relating to assessment have been amended w.e.f. 1st april, 1989, by taxation laws (amendment) act, now under section 143(1) where a return has been made under section 139, or in response to a notice under ..... cases, selected for scrutiny under section 143(1)(a), the ao has to accept the return on its face value and make minor adjustments consistent with the information given in the return without touching upon debatable and controversial issues, there is a lot of difference between an assessment and an intimation, as contemplated by section ..... to the conclusion as to how much was income and how that income has escaped assessment. the reasons recorded by the ao are not based on any information but based on presumptions and assumptions. the ao assumed that the assessee-society runs institution in the name of all india children care and educational development society .....

U.P. Nalkoop Nigam Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... of the hon'ble high court, what we have been able to understand is that the congnisance of the complaint was not allowed to be taken because after the amendment of the addition aspect of the income in the assessment order by the cit(a), the basis for the complaint was found to be non-existent.15. the ..... the audited accounts. the penalty has been imposed on the ground that the assessee's accounts were not audited before the specified date either under the companies act or under the it act, as provided under s. 44ab and since the assessee has neither contradicted nor has produced any material to counter the findings, it stands established that accounts ..... relied upon by the assessee.12. in the case before the hon'ble calcutta high court, the issue was relating to the prosecution proceedings under s. 277 of the it act, which were advanced on the ground that since the assessee had not disclosed income, it had committed the offence of "false statement in verification" by verifying the return of .....

Swadesh Cotton Mills Co. Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1997)62ITD284(All.)

..... only declared the order illegal and invalid framed by the department after 1st april, 1977 or latest alternatively after 26th april, 1987, when the amended provision introduced by direct tax laws (amendment) act, 1987 were not in operation. when the very law had not come into existence, we are of the opinion that the learned cit was ..... ) did not accept these contentions. she took a view that action under s. 154 can certainly be resorted to because charging or paying interest under the provisions of it act, 1961, was mandatory and not discretionary, except where there is a specific provision for waiver. the ao was, therefore, justified in resorting to s. 154.14. ..... to the present case and, therefore, the assessee's arguments revolved round the issue that interest was payable to the assessee under s. 244(1a) of the act. the assessment order has spelled out the following three conditions for allowance of such interest, which were also accepted by the assessee's learned counsel : (i) the .....

Assistant Commissioner of Income Vs. J. K. Cotton and Spinning Wvg. Mi ...

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1997)62ITD151(All.)

..... he made a remark that water coolers were office appliances on which investment allowance could not be allowed, the claim was rejected.24. the cit(a) was informed during appeal by the assessee that the water coolers were installed in factory premises. in view of this submission he directed that investment allowance should be allowed ..... individual plant and machinery. the instructions issued earlier have been considered again by the board. in exercise of the powers conferred by s. 119(1) of the it act, 1961, the cbdt, being of the opinion that it is expedient for the proper administration of these provisions, directs that the grant of extra-shift allowance ..... of the section. such an order, instruction or direction cannot override the provisions of the act; that would be destructive of all the known principles of law as the same would really amount to giving power to a delegated authority to even amend the provision of law enacted by parliament. such a contention cannot seriously be even raised .....

Renusagar Power Co. Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1991)36ITD239(All.)

..... not be challenged by the revenue as the same had become final between the parties. it was further held that it was never the intention of the legislature by amending section 34(1) in 1948 to enable the ito to reopen final decisions made against the revenue in respect of questions that directly arose for decision in earlier proceedings. ..... loss and (3) construction of brick kiln written off he will only be entitled to proceed with the assessment on the basis of the notice under section 148 of the it act in respect of other items mentioned in the same. in the circumstances, we direct the parties to bear their owe costs.15. the iac (assessment) proceeded with the ..... original assessments for the assessment years 1968-69 and 1969-70 were completed on 5-1-1973.thereafter notices under section 148 read with section 147(a) of the it act, 1961 dated 12-3-1976 were issued and served on the assessee. these were challenged by the assessee through a writ petition under article 226 of the constitution of .....

Rajendra Automobiles Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1988)25ITD555(All.)

..... the default was committed on that date. hence, penalty is leviable in accordance with the law applicable on 21-8-1974, i.e., prior to the amendment by the taxation laws (amendment) act, 1975, with effect from 1-4-1976 according to which penalty is imposable with reference to the amount of income concealed. he, however, held that it ..... and the default was committed on that date.hence, penalty is leviable in accordance with the law applicable on 21-8-1975, i.e., prior to the amendment by the taxation laws (amendment) act, 1975, with effect from 1-4-1976, according to which penalty is imposable with reference to the amount of income concealed.he, however, held that ..... facts and in the circumstances of the present case, the penalty is leviable in accordance with the law applicable on 21-8-1975, i.e., prior to amendment by the taxation laws (amendment) act, 1975, with effect from 1-4-1976, according to which penalty is imposable with reference to the amount of income concealed.i am, however, of .....