Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1997)63ITD49(Pat.)
..... according to rule 29 of the appellate tribunal rules, 1963, additional evidence can be admitted by the tribunal in exceptional circumstances if the income-tax authorities have decided the case without giving sufficient opportunity to the assessee to adduce evidence either on points specified by them or not specified by them.even in such circumstances, the tribunal has to record the reasons for admitting the additional evidence. ..... afterwards, he had surveyed the reasons given by the assessing officer in his assessment order and the reasons given by the cit(a) in his impugned order.thereafter, the learned accountant member stated that in the grounds before the tribunal it is stated that m/s. ..... against the cit(a)'s order, the assessee went in second appeal before the tribunal. ..... even while submitting the additional evidence, the tribunal has to record reasons for admitting such evidence. ..... according to rule 29 of the tribunal rules, only in exceptional circumstances, where the tribunal is satisfied that the lower authorities have decided the case without giving sufficient opportunity to adduce evidence either on points specified by them or not specified by them as additional evidence can be admitted by the tribunal. ..... however, considering the peculiar circumstances of the case and in order to meet the ends of justice we deem it fit and proper to restrict the addition in a sum of rs. ..... therefore, he reversed the order passed by the cit(a) and deleted the addition of rs. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1998)64ITD129(Pat.)
..... 271(1), refer to a positive income only and not to a loss (2) whether, on the facts and in the circumstances of the case, the tribunal is right in law in cancelling the penalty order passed by the iac by holding that no penalty could be levied against the assessee ? ..... a copy of the order of the tribunal was also placed before us. ..... though not necessary, yet to buttress my view, i would like to state that in law when a judgment is delivered either by the supreme court or by the high court then it is always presumed that the supreme court or the high court have taken into consideration the law prevailing when the judgment was delivered and it cannot be stated that the courts have not considered the prevalent or existing law while deciding the issue by delivering the judgments and hence, such judgment is inapplicable. ..... i do not think that the legislature which is most wise should on the one hand say in an enactment "not to levy or charge any tax on the loss incurred by the citizens" and later on in the same enactment say "penalise citizens for reduction of losses treating the disallowances as income on which the assessee sought to evade tax". ..... considering the totality of the facts and the legal provisions as discussed above i am of the opinion that this is not a fit case for the imposition of penalty for concealment of income under s. ..... but the legislature in its wisdom perhaps thought it fit and desirable to define these words near the penal provision itself. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1999)70ITD77(Pat.)
..... this regard he has referred to paras 18 to 23 of the tribunal's order in the case of sunder agencies vs. dy. ..... and there being no evidence that if that document is in handwriting of the karta of the assessee or any of its members or any of the employees of the assessee or prepared at the dictate or order of the assessee, but at the same time the said document is so complete and full of information that it is difficult to disbelieve the genuineness of the document and contents thereof. ..... in sunder agencies' case (supra) it has been held by the tribunal that it is beyond power of the ao to review assessments already completed unless some direct evidence come to the knowledge of the department as a result of search which indicates clearly factum of undisclosed ..... ) 45 itd 473 (bom) the addition sustained by the cit(a) partly influenced by a report of the finance ministry wherein a notorious practice of payment of black money in real estate transaction in metropolitan city of bombay was discussed, was deleted by the tribunal treating the addition being on hearsay evidence.7.11. ..... the receipt was evidenced by the credit side entries in the pass book on account of the flats sold to various parties and such receipts were found to be through account payee ..... the learned authorised representative of the assessee further said that it was the wishful thinking of the ao that there was a practice prevalent in the business of real estate that the properties were transferred only on receipt of on .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2007)110TT(JP.)at366
..... . (e) that in this background, the order of cit(a) is fit to be reversed and following decision of hon'ble jharkhand high court and consistent view of the tribunal, it should be held that the receipt from ahd constitutes income taxable under the it act ..... . considering all these documents and the order of the cit(a) in the case of shri dipesh chandak, we do not find any justified reason to interfere with the order of the cit(a) passed in the case of quality chemicals suppliers for asst ..... basing on the statement made by the assessee before the designated court of cbi, the ao initiated proceeding under section 144/147 and passed orders for all the aforesaid assessment years and held that since shri dipesh chandak appears to be the main beneficiary of the payments from ahd in the names of the various concerns controlled by him against which he has not been able to produce any iota of evidence of having incurred any expenses, the whole of the receipts from the ahd, bihar, against fake bills totalling ..... i would also direct the it department through the chief cit, bihar, to initiate such action as may be considered fit, necessary and expedient under the it act, wt act, etc against persons whom he reasonably thinks to be involved in the 'scam' and possess unaccountable wealth and property, and take the proceeding to their logical conclusions.2.3. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1993)45ITD101(Pat.)
..... placing reliance on the order of the tribunal in i.t.a. ..... 2, the factual controversy and the factual data required to be considered are elaborately stated in the two orders passed by the learned members. ..... and that is why the question is framed that way, rightly, as per the discussions in the orders passed by each of them. ..... in the orders passed by the two learned members, there is no dispute with regard to the above crucial facts stated by the assessing officer. ..... the two separate orders passed by the learned members contained elaborate facts and reasons and, for the sake of convenience, they are not repeated here. ..... now the matter should go to the division bench for passing appropriate orders in accordance with law. ..... the assessing officer has based his assessments on his reasoned order passed for the assessment year 1977-78. ..... the learned departmental representative, apart from relying upon the order passed by the learned accountant member, submitted that at what point of time the two cinema houses came into the possession of the trust is not known as there is no material in this regard. ..... we do not think we can accept such a construction which renders a provision of the act superfluous and reduces it to silence. ..... it could have at best been argued in this case that there was any income which was indirectly passed on by the trust to the interested person. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1997)63ITD113(Pat.)
..... while on behalf of the assessee, supporting the view taken by the learned accountant member, it was contended that after taking into consideration all the relevant facts including the relevant clauses of the assessee's memorandum of association and the agreement entered into between the assessee and their tenants, the tribunal vide its order dated 15th september, 1985 referred to supra, held that the income earned by the assessee under consideration should be assessed under the head "business", the learned d. r. ..... trying to avoid personal wealth-tax liability by forming closely held companies to which they transfer many items of their wealth, particularly jewellery, bullion and real estate and as companies are not chargeable to wealth-tax on the value of the shares of such companies does not also reflect the real worth of the assets and as such those who hold such unproductive assets in closely held companies are able to successfully reduce their wealth-tax liability to a substantial extent. ..... certain clauses of the agreement have been reproduced, some of which are given below : "clause iv - 'the lessors shall during the terms of the tenancy keep the godowns fit in all respects for storage of food grains'. ..... brother very carefully, but have difficulty in agreeing with the conclusion therein.a separate order is, therefore, being passed by me.2. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1997)63ITD144(Pat.)
..... the above facts and circumstances of the case could it be said that the documents in question briefly referred to hereinbefore are not necessary from the tribunal's view point which under section 254 of the income-tax act is called upon to dispose of the appeals before it by passing such orders thereon 'as it thinks fit ..... shall not be entitled to produce additional evidence either oral or documentary before the tribunal, but if the tribunal requires any document to be produced or any witness to be examined or any affidavit to be filed to enable it to pass orders or for any other substantial cause, or, if the income-tax authorities have decided the case without giving sufficient opportunity to the assessee to adduce evidence either on points specified by them or not specified by, them, the tribunal, for reasons to be recorded, may allow such document to be produced or witness to be examined or affidavit to be ..... to emphasise is that, if the documents sought to be admitted even at the second appellate stage are of a nature and qualitatively such that they render assistance to the tribunal in passing orders or required to be admitted for any 'other substantial cause', it would rather be the duty of the tribunal to admit them. ..... one such situation is whether the taking of additional evidence 'enables the tribunal to pass orders' or 'for any ..... patently, those documents would enable the tribunal to pass orders effectively and their absence may not unfold the actual controversy and lead to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1994)48ITD47(Pat.)
..... the conclusion given in paras 3 and 4 of the order of the joint secretary passed under section 132(12) is as under : " it would appear that the private secretary and some of the office bearers of the sangh had been living in a building adjacent to shri sarkar's house. ..... it cannot be held partly reliable and partly unreliable.there is another consideration which arises in my mind in this context.whatever i have stated about the absence of any material to show that access to the two rooms was barred to others except to the assessee and his spouse or that the two cupboards belonged to the assessee and were found locked at the time of the search, fits in with the plea of the assessee that the two amounts represented the cash belonging to the anand marg pracharak sangh only. ..... it is in the nature of a self-serving document only and it is for the assessee to establish the truth of such document according to the decision of their lordships of the supreme court in the case of durga prasad more [19711 82 itr 540.further, according to the decision of the allahabad high court ( see [19831 142 itr 618 ) relied upon by the departmental representative, the affidavit is not to be accepted as there are clear circumstances and facts which show that the facts mentioned in the affidavit are not acceptable. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (2004)84TT(JP.)at570
..... i thus concur with the view expressed by the learned jm in preference to the view expressed by the learned am.on the basis of my order, the appeal of the revenue shall be dismissed.since no fresh relief has been sought in the cross-objection over and above what the cit(a) has given, the same is infructuous and dismissed as such.18. ..... if there is no rational and intelligible nexus between the reasons and the belief, so that, on such reasons, no one properly instructed on facts and law could reasonably entertain the belief, the conclusion would be inescapable that the ito could not have reason to believe that any part of the income of the assessee had escaped assessment and such escapement was by reason of the omission or failure on the part of the assessee to disclose fully and truly all material facts and the notice issued by him would be liable to be struck ..... this order was affirmed by the tribunal. ..... there is no merit in the grounds raised by the revenue.since there is difference of opinion amongst the members constituting the division bench, patna, on the undermentioned issues and hence the same is referred to the hon'ble president, tribunal for necessary action : "1. ..... , the cit ot the board, as the case may be, has to be satisfied, on the basis of the reasons recorded by the ito, that it is a fit case for issuance of such a notice. ..... , 1943, a compromise decree was passed for the sum of rs. ..... i do not think so. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Reported in : (1995)52ITD142(Pat.)
..... in this connection, she submitted that the scheme of the act was such that the assessee was allowed to appeal against an order of assessment or some other orders passed by the assessing officer, but the department had no such corresponding right of appeal. ..... has been brought to his notice by the assessee in relation to an intimation referred to in clause (b) of sub-section (1), within a period of three months from the end of the month in which it is so brought to his notice and if no such amendment is made within the said period of three months, the assessee may appeal to the deputy commissioner (appeals), or as the case may be, commissioner (appeals) against such intimation and the provisions of section 246 and section 249 shall have effect as if the said intimation were an order for the purposes of those sections ..... when any tax, interest, penalty, fine or any other sum is payable in consequence of any order passed under this act, the officer shall serve upon the assessee a notice of demand in the prescribed form specifying the sum so payable.it was submitted that a notice of demand could be issued only in consequence of "any order" passed under this act. ..... the legislature has not thought it fit to deem such an intimation to be an order for the purpose of section 156 and section 264. ..... the legislature has not thought it fit to deem such an intimation to be an order for the purpose of section 156 and section 264. .....
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