Judgment Search Results Home > Cases Phrase: interest tax act 1974 section 19 revision of order prejudicial to revenue Court: allahabad Page 1 of about 42 results (0.145 seconds)

Shyam Biri Works (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2003)84ITD124(All.)

..... he passes the order and, accordingly, it cannot be taken into consideration by the commissioner for the purposes of invoking this jurisdiction under this section, for he is not an appellate authority under the section and exercises only revision all jurisdiction and hence he can take into consideration only the record as it stood before the income-tax officer and the materials in such record for the purpose of ascertaining whether the order in question was erroneous and prejudicial to the interests of the revenue. ii. ..... we are constrained to note, though at the cost of repetition, that cit(c) has issued show-cause notice under section 263 of the income-tax act, 1961 mainly relying upon the order under section 132(5) and that the assessing officer accepted the revised return without properly examining the seized material in all the assessment years under consideration. ..... moreover, when the explanation offered by the assessee was accepted by the commissioner of income-tax with regard to the alleged undisclosed income of rupees one lakh, there was no error in the order passed by the income-tax officer in the case of the assessee in the assessment year 1974-75. .....

Raj Kishore Prasad Vs. Income-tax Officer and ors.

Court : Allahabad

Reported in : [1983]144ITR904(All); [1984]16TAXMAN403(All)

..... perusal whereof would indicate that the commissioner was of the view that as the assessee had failed to file an estimate of the advance tax under section 212(1) penalty was leviable in this case ; but the ito had not charged that interest hence the assessment made by him was prejudicial to the interest of the revenue. ..... proceedings initiated under section 263 of the income-tax act for the assessment year 1974-75 have been dropped ..... feeling aggrieved went up in appeal before the income-tax appellate tribunal on the ground, inter alia, that he was not afforded an adequate opportunity to put up his defence before the commissioner because the notice under section 263(1) of the act was dated 27th september, 1976, while the order passed by the commissioner was dated 30th september, 1976 ..... the contention of the petitioner was that in view of the order passed by the income-tax appellate tribunal setting aside the order of the commissioner dated 30th september, 1976, the original order of assessment dated5th october, 1974, as rectified by the order dated 5th february, 1975, has become operative, in our view, (is correct) ..... be stated here that after the commissioner had passed his order dated 30th september, 1976 (annexure 3) the ito proceeded again to assess the petitioner with respect to assessment year 1974-75 and he passed the order of assessment dated 15th february, 1977 (annexure 4), which was subsequently rectified under section 154 of the act vide annexure 5. ..... which was revised to rs .....

Commissioner of Wealth-tax Vs. Ashok Kumar Goel

Court : Allahabad

Reported in : (2000)163CTR(All)149; [2000]244ITR755(All)

..... (ii) whether the order of the commissioner of wealth-tax under section 25(2) could be held to be without jurisdiction on the ground that there was no order prejudicial to the revenue at the time of issue of the notice under section 25(2) dated january 24, 1976, discussed in the aforesaid order ? ..... against the aforesaid order of the commissioner, the assessee preferred an appeal to the income-tax appellate tribunal which set aside the order of the commissioner on the ground that when the commissioner issued the notice under section 25, the assessment order had already been rectified by the assessing officer and, therefore, it could not be said to be erroneous and prejudicial to the interest of the revenue.6. ..... by this reference under section 27(1) of the wealth-tax act, 1957, the income-tax appellate tribunal, delhi bench 'a', delhi, has referred the following question for the opinion of this court :'whether, the tribunal was in law justified in setting aside the order under section 25(2) passed by the commissioner of wealth-tax on the ground that it lacked jurisdiction at the time of issue of the notices under section 25(2) ?'2. ..... the commissioner of income-tax on noticing that the said liability was not allowable by virtue of section 2(m)(ii) of the wealth-tax act, 1957, issued a notice under section 25(2) of the wealth-tax act proposing to revise the assessment. ..... the respondent's assessment to wealth-tax was made by order dated march 16, 1974, in which a liability amounting to rs. .....

Sahara India Mutual Benefit Co. Ltd. Vs. Asstt. Cit

Court : Allahabad

Reported in : (2002)74TTJ(All)67

..... the commissioner being of the view that the order of the income tax officer for the year 1959-60 was prejudicial to the interest of the revenue, issued a notice under section 33b of the 1922 income tax act to bankey behari lal, the legal heir of the deceased assessee, to show-cause why action under section 33b of the act should not be taken ..... order under section 263 passed by the commissioner was contrary to the provisions of section 263 explanation clause (c) of the income tax act, 1961, and that the commissioner (appeals) in the appellate order for assessment year 1994-95 had considered the matters in respect of which the order under section 263 has been passed, as issue of deposits as well as, interest payable on them was subject-matter of appeal before the commissioner (appeals) and consequentially the commissioner had no jurisdiction under section 263 for revising ..... . it is contended that the income tax officer has allowed depreciation at the rate of 2.5 per cent only and the same rates should be taken for disallowance under section 40(a)(v) taking the depreciation in that manner,'(iii) after this appeal to the appellate assistant commissioner, which was disposed of on 3-4-1974, the commissioner issued a notice dated 5-3-1975, under section 263 except to this very assessment year, ..... . the petitioner firm was assessed for the purpose of income-tax filed returns for the assessment years 1972-73, 1973-74 and 1974-75 along with copies of the profit & loss accounts and balance .....

K.N. Agrawal Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : (1991)100CTR(All)170; [1991]189ITR769b(All)

..... ) is directed against a show-cause notice issued by the commissioner of income-tax under section 263 of the income-tax act, 1961, calling upon the petitioner to show cause as to why the assessment order dated september 21, 1978, relating to the assessment year 1975-76 be not revised.2. ..... settled that for invoking the power under section 263, two grounds must exist, namely, (i) the order proposed to be revised must be erroneous and (ii) it must be prejudicial to the revenue. ..... he would invoke his power of revision and keep it pending awaiting the decision of a higher court or authority to put it in the language of section 263, can he, in such a case, act on the footing that the order of the assessing authority is erroneous after giving our earnest consideration to the matter, we are of the view that it is difficult to sustain the exercise of reviewing power in such a situation for the simple reason that the order of the assessing authority cannot be ..... of the opinion that the entire share income is assessable in the hands of the petitioner alone and the assessment made by the income-tax officer to the contrary is erroneous in law and prejudicial to the interests of the revenue. ..... course of hearing, a doubt arose in our minds whether the commissioner can invoke his revising power under section 263 with a view to keep the dispute alive, awaiting the decision of the supreme ..... to the one mentioned in the impugned show-cause notice had arisen in respect of the assessment years 1966-67 to 1974-75. .....

Assistant Commissioner of Vs. U.P. National Manufacturers Ltd.

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2001)76ITD272(All.)

..... emphatically argued that in view of the mandatory provisions of section 194h, the acit(tds) was fully justified in levying the interest under section 201(1a) of the income-tax act and that the 1d. ..... the assessee preferred the appeal against the order of cit dated 14-10-1992 passed under section 201 of income-tax act.6. ..... extent of inconvenience caused or likely to be caused to them and being satisfied that it will not be prejudicial to the interests of the revenue, by notification in the official gazette, specify in this behalf; (b) where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the person referred to in sub-section (1) to the account of, or to, the payee, does not exceed two thousand five hundred rupees." 4. ..... after considering the above material, we may agree with the 1d.counsel for the assessee that the assessee acted bona fide and that there was reasonable cause, belief or bona fides on his part for not deducting the tax under section 194h and to wait for the orders of the cbdt. ..... the remedy for seeking exemption is no doubt available and in case the remedy is granted, then consequent effect can be given to the orders passed by the cbdt on the representations made for seeking relief.20. .....

Assistant Commissioner of Vs. U. P. National Manufacturers Ltd

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... emphatically argued that in view of the mandatory provisions of section 194h, the acit(tds) was fully justified in levying the interest under section 201(1a) of the income-tax act and that the ld. ..... the assessee preferred the appeal against the order of cit dated 14-10-1992 passed under section 201 of income-tax act.6. ..... extent of inconvenience caused or likely to be caused to them and being satisfied that it will not be prejudicial to the interests of the revenue, by notification in the official gazette, specify in this behalf; (b) where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the financial year by the person referred to in sub-section (1) to the account of, or to, the payee, does not exceed two thousand five hundred rupees." 4. ..... after considering the above material, we may agree with the ld.counsel for the assessee that the assessee acted bona fide and that there was reasonable cause, belief or bona fides on his part for not deducting the tax under section 194h and to wait for the orders of the cbdt. ..... the remedy for seeking exemption is no doubt available and in case the remedy is granted, then consequent effect can be given to the orders passed by the cbdt on the representations made for seeking relief.22. .....

Surjidevi Kunjilal Jaipuria Charitable Trust Vs. Commissioner of Incom ...

Court : Allahabad

Reported in : [1978]112ITR368(All)

..... , lucknow, however, did not agree with the view expressed by the income-tax officer and as he considered that the order passed by the income-tax officer was prejudicial to the interest of the revenue, he required the assessee to show cause as to why appropriate action under section 263(1) of the income-tax act, 1961, be not taken with regard to its assessment for the year 1961-62. ..... learned counsel for the revenue contended that in a reference under the income-tax act, after conceding before the tribunal that two of the objects mentioned in the trust deed could not be classified as objects of public charity, it is not open to the assessee to take up the stand that the tribunal went wrong in acting upon that concession. ..... income-tax act, 1961, according to which such exemption cannot be claimed in respect of the income of the trust or institution created or established for the benefit of any particular religious community or caste, its provisions will not apply to the income under consideration and merely because the charity was intended to benefit generally the members of the vaishya community the trust will not cease to be a charitable trust entitled to the benefit of section 4(3)(i) of the indian income-tax act .....

Indian Oil Corporation Limited, Idgah, Agra Vs. the Commissioner of Tr ...

Court : Allahabad

..... or two?4- whether the trade tax tribunal was no justified in confirming the imposition of tax on the notional excise duty which under the statutory provisions of the central excise act and rules was payable by the purchasing oil company only?5- whether in view of the facts and circumstances of the case the order passed by the trade tax tribunal was justified?5 (a) whether the assessable tax on the notional excise duty cannot be treated as admitted tax and the levy of interest under section 8 (1) of u.p. ..... trade tax act (hereinafter referred to as the act) for the assessment year 1992-93 under the central sales tax act (hereinafter referred to as the (central act) arising from the order of the tribunal dated 22.2.2003.2. ..... a perusal of the order of the tribunal reveals that the issue relating to the interest under section 8(1) of the act was only arose where the forms have not been filed or forms have been found defective and the claim of exemption/concession has been refused and the tax has been levied at the normal rate of tax. ..... this is a revision under section 11 of the u.p. ..... in the present revision the following questions have been raised :1- whether the trade tax tribunal was not justified in enhancing the turnover by rs. ..... the questions raised in the present revision, referred herein-above, have neither been raised nor have been dealt with by the tribunal. ..... this court in trade tax revision no. ..... in the result, the revision is allowed in part. .....

Shital Prasad Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : (1986)53CTR(All)247; [1986]161ITR259(All)

..... the petitioner without waiting for the result of the appeal or other proceedings, on september 1, 1977, filed an application before the commissioner of income-tax praying for waiver of penalty and interest in exercise of his power under section 273a of the income-tax act. ..... issue of notice to him under section 148, voluntarily and in good faith made full and true disclosure of his income and has paid the tax on the income so disclosed, and also has, in all the cases referred to in clauses (a), (b) and (c), cooperated in any enquiry relating to the assessment of his income and has either paid or made satisfactory arrangements for the payment of any tax or interest payable in consequence of an order passed under this act in respect of the relevant assessment ..... in view of sub-section (5) of section 273a, the commissioner's order under sub-section (1) is neither appealable nor revisable. ..... 'while allowing claim for waiver of interest under section 139(8), he observed in respect of the years 1974-75 and 1975-76 as follows :'so far as the waiver petition relates to 1974-75 and 1975-76, i find that the income-tax officer has not initiated penalty proceedings for those years ; hence, the petition for penalty is filed as infructuous. ..... it appears that the commissioner of income-tax had doubts about his competence to review the order of his predecessor and he, therefore, made a reference to the central government in the ministry of finance, department of revenue, for guidance. .....