Court : Income Tax Appellate Tribunal ITAT Jodhpur
Decided on : Sep-08-2005
Reported in : (2005)97ITD581(Jodh.)
..... case of addl. cit v. ganeshilal lalchand (1985) 154 itr 274 (raj). we are conscious of the elongation of the scope of reassessment by direct tax laws (amendment) act, 1987, with effect from 1-4-1989. however, we find that section 147 mandates the basic condition that "if the assessing officer has reason to believe that any ..... place before us copies of bank pass book in which the assessee had allegedly deposited money which were admittedly with the revenue. from the abovereferred letter dated 18-8-2005 written by the income tax officer, ward-1, sriganganagar, placed by the learned departmental representative on record today, it is clearly borne out that no such pass ..... in entirety. the case was adjourned and on the next date of hearing, the learned departmental representative placed on record a copy of the letter dated 18-8-2005 written by the concerned income tax officer, ward 1, sriganganagar, intimating that only pages from si. nos. 1 to 6 of the assessees statement were available and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jodhpur
Decided on : Sep-08-2005
Reported in : (2006)282ITR18(Jodh.)
..... 'ble jurisdictional high court in the case of addl. cit v. ganeshilal lalchand . we are conscious of the elongation of the scope of reassessment by direct tax laws (amendment) act, 1987, w.e.f.1st april, 1989. however, we find that section 147 mandates the basic condition that "if the ao has reason to believe that any income ..... before us copies of bank pass book in which the assessee had allegedly deposited money which were admittedly with the revenue. from the abovereferred letter dt. 18th aug., 2005 written by the ito, ward-1, sriganganagar, placed by the learned departmental representative on record today, it is clearly borne out that no such pass books are available ..... in entirety. the case was adjourned and on the next date of hearing, the learned departmental representative placed on record a copy of the letter dt. 18th aug., 2005 written by the concerned ito, ward 1, sriganganagar, intimating that only pages from sl. nos. 1 to 6 of the assessee's statement were available and though at .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jodhpur
Decided on : Jul-27-2005
Reported in : (2005)96TTJ(Jodh.)658
..... material on record, i am of the considered opinion that the levy of penalty should never be for pedantic reasons. the intention and purport of a provision of a particular act is to be considered in its correct perspective. in this case the assessee had obtained the requisite audit report within the stipulated period. it was not filed within the stipulated ..... 1. this appeal of the assessee for asst. yr. 1997-98 filed against the order of the cit(a), dt. 4th march, 2005, raises only one issue, i.e., in case the audit report under section 44ab which was obtained by the assessee within time, but was not produced before the learned ao ..... (hereinafter referred to as 'the act' for short). meaning thereby, that if the assessee failed to produce this report as directed due to some reason, his action is not at all exonerated after the amendment in the provisions of sections 44ab and 271b.2.1 have heard the rival submissions and perused the evidence on record.3. the assessee was required to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jodhpur
Decided on : May-09-2005
Reported in : (2005)95TTJ(Jodh.)626
..... of the first appellate authority that any amount written off as bad debt in the books of account qualifies for deduction by virtue of amendment carried out in section 36(i)(vii) by the direct tax laws (amendment) act, 1987, w.e.f. 1st april, 1989. the earlier requirement for claiming deduction was that the debt should be established to have ..... become bad in the previous year. by virtue of this amendment, the requirement of establishing the year in which the debt has become bad has ..... impermissible to claim deduction for "good debt" by writing off in books, because of the fact that the word 'bad' is prefixed to the word 'debt' in the amended section as well. in this view of the matter, we uphold the impugned order on the factual aspect only.20. last ground of department's appeal is against the deletion .....
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