Judgment Search Results Home > Cases Phrase: interest tax act 1974 section 19 revision of order prejudicial to revenue Page 3 of about 1,412 results (0.135 seconds)

Auto Pins (India) (Regd.) and anr. Vs. Sales Tax Officer and anr.

Court : Madhya Pradesh

Reported in : [1986]61STC287(MP)

..... the jurisdiction of the revising authority under section 39(2) is confined to the legality and propriety of the order passed by the appellate and/or the assessing authority if he considers it to be erroneous in so far as it is prejudicial to the interest of the revenue. ..... in order to appreciate the rival contentions, it is necessary to quote the relevant extract of the remand order, which is as follows :this order is considered to be erroneous and prejudicial to the revenue and is sought to be revised under section 39(2) of the act on the following grounds :that allowing an exemption of rs. ..... reassessment is attributable to the dealer, direct that the dealer shall pay, by way of penalty in addition to the amount of tax so assessed, a sum not exceeding that amount :provided that in the case of an assessment made under any act repealed by section 52, the period for reassessment on the ground of under-assessment, escapement or wrong deduction shall be as provided in such act notwithstanding the repeal thereof:provided further that any reassessment proceedings pending on the date of commencement of the madhya ..... 2 and consequently the original assessment having been completed in 1974, he had no jurisdiction to reassess the petitioner on the ground of escaped assessment. ..... in the present case the original order of assessment was passed on 10th april, 1974. ..... ill, indore, on 10th april, 1974, as per annexure 6.3. .....

Oriental Hotels Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Madras

..... on such an examination, he considered that the impugned assessment order was erroneous in that it was prejudicial to the interests of the revenue, inasmuch as the assessing officer had allowed the assessee's claim for (i) extra depreciation, and (ii) extra shift allowance ..... 45 ), which makes it clear that development rebate under section 33 of the income-tax act shall not be allowed in respect of a ship acquired or machinery or plant installed after may 31, 1974. ..... he, therefore, put the assessee on notice of his intention to pass a suitable order under revision under section 263. ..... from the short order in revision, it is seen that the commissioner of income-tax concluded that the assessee was not entitled to extra shift allowance simply because he had held that the assessee was not entitled to extra ..... in the short order in revision passed by him, the commissioner of income-tax rejected both the claims of the assessee in the following words : " 3. ..... we, accordingly, set aside the impugned order in revision on this issue and restore that of the assessing officer ..... this appeal by the assessee is directed against the order in revision passed by the commissioner of income-tax, tamil nadu-iii, madras, on january 15, 1987, in relation to the assessment year 1983-84 ..... his part, shri argal, the learned departmental representative strongly supported the impugned order in revision. ..... some time in september, 1983, the assessee filed a revised return of income, disclosing this time an income of .....

Commissioner of Income-tax Vs. Star Andheri Estate

Court : Mumbai

Reported in : (1994)120CTR(Bom)254; [1994]208ITR573(Bom)

..... of the assessee being satisfied that the order of the income-tax officer was erroneous, initiated proceedings for suo motu revision of the orders of assessment for the assessment years 1975-76 and 1976-77 under section 263 of the income-tax act and on hearing the parties, held that the orders of the income-tax officer for the above assessment years were erroneous and prejudicial to the interests of the revenue since the income-tax officer had failed to bring to assessment ..... the assessment of the partners of the dissolved firm which was the position under section 44 of the indian income-tax act, 1922, prior to its amendment in the year 1958 and which is the position even today under section 159 of the 1961 act in respect of the assessment of the legal representative of a deceased assessee. ..... submitted by the assessee that it received the above amount in full from shri yogendra desai in the financial year 1974-75 and financial year 1975-76 as under : financial year 1974-75 :rs.16-9-1974 1,00,00016-9-1974 2,10,000------------3,10,000------------financial year 1975-76 :rs.11-4-1975 5,30,00011-4-1975 1,00,00017-7-1975 50,00030-9-1975 1,00,00010-11-1975 1,50,00019-11-1975 ..... a tripartite agreement dated august 19, 1974, between the central bank trustee ..... , august 19, 1974, with the promoters of the co-operative housing society of the reserve bank of india as per which, property admeasuring 9,548 square yards was agreed to be sold ..... -firm from shri desai as per agreement dated august 19, 1974. .....

Commissioner of Income-tax, Gujarat Vs. Tensile Steel Ltd.

Court : Gujarat

Reported in : [1976]104ITR581(Guj)

..... 1,570-10-07 under section 5(k)of the madras plantation agriculture income-tax act since the interest under that section was to be limited to6% or an amount equivalent to 25% or the agricultural income in ..... was, therefore, issued to the assessee-company to show cause why an order should not be made under section 263 of the income-tax act, 1961, for remedying the said error. ..... the appeal pertaining to the assessment considered the entire material placed on record before it on behalf of the assessee-company and on appreciation thereof was satisfied that the interest has been shown to be part and parcel of the actual cost of machinery; and though the payment of interest was contingent to the deferred payments of instalments, in the opinion of the tribunal, on consideration of the sales contract, the invoices and the other connected documents, ..... tribunal was right in reversing ing the order of the additional commissioner in so far as it treated the payment of interest as revenue expenditure as in the opinion of the tribunal the reasoning underlying the order of the additional commissioner was not justified ..... , was of the opinion that the assessment was erroneous as it operated prejudicially to the interest of the revenue. ..... referred, inter alia, to the statement on auditing practices issued by the institute of chartered accountants of india (1974) from which paragraph 2.5 was reproduced. ..... was, therefore, directed to the revised in accordance with the directions given in the said order. 7. .....

Khandelwal Ferro Alloys Limited Vs. State of Maharashtra

Court : Mumbai

Reported in : 1993(1)MhLj218

..... in this reference by the sales tax tribunal at the instance of the assessee under section 61(1) of the bombay sales tax act, 1959 ('the act'), the following question is to be answered :'whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the deputy commissioner of sales tax was competent under section 57 to revise the order passed by the assistant commissioner of sales tax (appeals), when the point of allowing the freight charges was not the subject-matter ..... court took a view consistent with its previous decisions that it is always open to the commissioner to interfere in revision with an order prejudicial to the revenue notwithstanding that such order may already be under appeal before the tribunal. ..... of an express provision cannot detract from the conclusion reached by us - a conclusion flowing from the necessary intendment of the statute - that the commissioner being a subordinate authority to the tribunal, cannot interfere with an order pending in appeal before the tribunal, and further that the interest of the revenue is protected by the power of enhancement vested in the tribunal while disposing of a second appeal filed by a dealer. ..... pendency of the second appeals before the tribunal, the deputy commissioner issued two notices under section 57 of the act to the assessee on april 24, 1974, requiring it to show cause as to why the orders passed by the assistant commissioner dated september 29, 1973, should not be revised. .....

B.V. Patil Vs. the Commissioner of Commercial Taxes, Bangalore-9

Court : Karnataka

Reported in : ILR1979KAR1015; [1979]43STC419(Kar)

..... commissioner initiated action under section 22a of the act to revise the orders passed by the deputy commissioner and the consequential orders passed by the commercial tax officer as he was of the view that the orders were erroneous and prejudicial to the interests of the revenue. ..... under section 24(1) of the karnataka sales tax act, 1957 (hereinafter referred to as the act), against the orders passed by the commissioner of commercial taxes in karnataka, bangalore (hereinafter referred to as the commissioner), under section 22a of the act revising the orders passed by the deputy commissioner of commercial taxes ( ..... him in the course of his business; (3) such purchase is either from 'a registered dealer or from any other person'; (4) the goods purchased are 'goods, the sale or purchase of which is liable to tax under this act'; (5) such purchase is 'in circumstances in which no tax is payable under section 3, 4 or 5, as the case may be'; and (6) the dealer either - (a) consumes such goods in the manufacture of other goods for sale or otherwise, or (b) despatches all such goods in any manner ..... appearing in section 6 refers not to goods whose turnover is taxable under section 5 as held by this court in the case of guddad & sons ([1974] 34 ..... guddad & sons' case ([1974] 34 s.t.c. ..... hold that the following observations of the division bench of this court in guddad & sons' case ([1974] 34 s.t.c. ..... guddad's case ([1974] 34 s.t.c. ..... in guddad & sons' case ([1974] 34 s.t.c. ..... sons ([1974] 34 ..... 1974 ..... 1974 .....

Jagdish Prasad and anr. Vs. Smt. Maya Wati Devi and ors.

Court : Rajasthan

Reported in : 1981WLN(UC)11

..... budhi devi to raise construction and that of the revenue appellate authority dated 26-6-1974 setting aside the revision petition against the order of the collector, sirohi it was contended in the writ petition that the findings of the two courts about the petitioners having no locus-standi to challenge the permission deserves to be quashed because they were the residents of mt. ..... above discussion make it abundently clear that the appellants were not vigilant for their rights, even if they had any, up to 1969 and even thereafter when the collector, had dismissed the application uncer section 285 of the act they did not rush to this court and waited for four years without there being any just excuse for the same.13. ..... it was averred that this has prejudicially affected the interest of the petitioners, who are residents and tax-payers of mt. ..... it was also observed that even after petitioner's application under section 285 of the act was rejected, there had been great delay on their part in not availing of any remedy whatsoever for a period of more than four years. ..... with these grounds of attack the prayer for quashing the order passed by the collector, sirohi on 3-2-1970 dismissing the application under section 285 of the act has been made.3. ..... the appellants filed an application under section 285 of the act which was dismissed on 3-2-1970 on the ground that the alleged infirmities were only irregularities which could be waived and the sale has become more than ten years old. .....

Stanmore (Anamallay) Estates Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1991)39ITD87(Mad.)

..... holding, therefore, that the original assessment order was erroneous in that it was prejudicial to the interests of the revenue, he set aside the original assessment and directed the assessing officer to consider the exigibility issue relating to the said sums.7. ..... subsequently, invoking the powers vested in him by and under section 263 of the income-tax act, 1961, the commissioner of income-tax called for and examined the records of the assessee. ..... uttama reddy, the learned counsel for the assessee, was drawn to the fact that the grounds of appeal relating to the validity of the order in revision passed by the commissioner of income-tax would have been appropriate in an appeal against the order in revision itself, but since no such appeal was filed against the said order in revision, the grounds cannot be raised in the quantum appeal which is before us. ..... in the original assessment for the assessment year 1974-75, which was completed on 23-9-1977, the capital gains and section 41(2) profits arising out of the said sum of rs. ..... this appeal by the assessee is directed against the order dated 26-7-1985 of the cit(a), coimbatore relating to the assessment year 1974-75 (previous year: year ending on june 30,1973).2. .....

Harbans Lal Gupta Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)44ITD512(Delhi)

..... dealing with such a situation the punjab and haryana high court pointed out: the jurisdiction vested in the commissioner under section 263(1) of the act is of a special nature, or, in other words, the commissioner has the exclusive jurisdiction under the act to revise the order of the ito if he considers that any order passed by him was erroneous insofar as it was prejudicial to the interests of the revenue. ..... the assessee in this appeal filed a petition under section 154 on 9-1-1986 asking, inter alia, for the grant of interest under section 244(1a) of the income-tax act in respect of the tax paid in excess. ..... there was a search conducted on the assessee's premises on 22-3-1974 when certain cash was seized, which was appropriated towards tax under section 132(5) of the income-tax act. ..... this submission was made merely on the basis of a supposition having regard to the date of assessment and not on any factual data because from the date the assessment was made under section 144, namely, 26-12-1974 till 31-3-1975, there were only four months left and it was presumed unlikely that within this four months period, the entire tax was adjusted. .....

Commissioner of Income-tax Vs. V. Y. Kolhatkar

Court : Mumbai

Reported in : 1995(2)MhLj74

..... however, the commissioner of income-tax being of the opinion that the order of the income-tax officer granting exemption to the assessee in respect of the amount of pension was erroneous and prejudicial to the interest of the revenue, initiated suo motu revision proceedings under section 263 of the act and directed the income-tax officer to withdraw the exemption granted to the assessee in respect of the above amounts received by the assessee as pension from the united nations. ..... by this reference under section 256(1) of the income-tax act, 1961, the tribunal has referred the following question of law at the instance of the revenue to this court for opinion : 'whether, on the facts and in the circumstances of the case and in law, the tribunal was right in holding that the amount of pension received by the assessee from the united nations joint staff pension fund after his retirement is exempt from tax, in view of the provisions of section 18(b) of article ..... we do not find any difficulty in deciding this controversy in view of the fact that for the purpose of computation of income under the head 'salaries' under sections 15 and 16, the expression 'salary' has been defined in the income-tax act itself to include 'pension'. ..... the amount of pension received by him during the previous years relevant to the assessment years 1973-74 and 1974-75 was rs. .....