Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 147 computation of period of sentence Court: income tax appellate tribunal itat jodhpur

The A.C.i.T. Vs. Jagat Explosives

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... the first appellate authority that the assessee came out with a version of its nonliability to be taxed on the said sum. the ld. cit(a) promptly acted to accept the assessee's stand and deleted the addition without considering that the retraction made in the appeal proceedings was not based on sound footing. at this ..... 5. the statement recorded under section 131 in such circumstances are not in parity with the statements recorded while carrying out search proceedings under section 132 of the act. the search procedures are special procedures wherein retraction of the statement is permitted by legal provisions itself in a certain fashion. so, the factum of retraction ..... 'ble patna high court reported in 235 itr 219 and 204 i itr 544. the specified authorities are empowered to record statement under section 131 of the act only to make enquiry or investigation in respect of suspected concealment and not otherwise. the partner shri harilal t. mashru had denied any knowledge of jagat explosives .....

Assistant Commissioner of Vs. Jagat Explosives

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2006)98ITD50(Jodh.)

..... partner were made suo moto and there had been no inducement, threat or coercion at the time of making the disclosure under section 132(4) of the income-tax act is, however, affirmed.12. in the case of pullangode rubber produce co. ltd. (supra), their lordships of supreme court held that an admission is an extremely ..... .5. the statement recorded under section 131 in such circumstances are not in parity with the statements recorded while carrying out search proceedings under section 132 of the act. the search procedures are special procedures wherein retraction of the statement is permitted by legal provisions itself in a certain fashion. so, the factum of retraction being ..... in smt. rina sen v. cit and ito v. james joseph o'gorman . the specified authorities are empowered to record statement under section 131 of the act only to make enquiry or investigation in respect of suspected concealment and not otherwise.the partner shri harilal t. mashru had denied any knowledge of jagat explosives in .....

The D.C.i.T, Special Range and Vs. Prem Cables (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... that the hon'ble president, itat may be pleased to kindly nominate a third member for deciding the same as required under section 254(4) of the income-tax act, 1961: whether the genuinity or ingenuinity of the impugned "agreement" can be determined on the basis (sic) facts on record; or further investigation of facts is necessary ..... a colourable device for shrinking the total tax liability of the group.if it had been genuinely entered into on the stated dated, the same must have been acted upon during the year and the invoices properly raised and the payments accordingly made. it is highly unbelievable that rate of job charges is settled at rs. 1000 ..... deduction of tax at source. the facts which are clear to the naked eye cannot be brushed aside. the tribunal, being a final fact finding authority cannot act as a mute spectator to the glaringly unbelievables going on, which is nothing but an arrangement between two interconnected concerns aimed at defrauding the revenue and reducing the .....

Assistant Commissioner of Income Vs. Jagat Explosives

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2006)99TTJ(Jodh.)646

..... appellant partner were made suo moto and there had been no inducement, threat or coercion at the time of making the disclosure under section 132(4) of the it act is, however, affirmed.pullangode rubber produce co. ltd. v. state of kerala (supra), their lordships of supreme court held that an admission is an extremely important ..... 5. the statement recorded under section 131 in such circumstances are not in parity with the statements recorded while carrying out search proceedings under section 132 of the act. the search procedures are special procedures wherein retraction of the statement is permitted by legal provisions itself in a certain fashion. so, the factum of retraction ..... the first appellate authority that the assessee came out with a version of its nonliability to be taxed on the said sum. the learned cit(a) promptly acted to accept the assessee's stand and deleted the addition without considering that the retraction made in the appeal proceedings was not based on sound footing. at .....

Assistant Commissioner of Income Vs. Malu Khan and Party

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2004)84TTJ(Jodh.)31

..... by deducting the cost price of jeeps, scooter and furniture from the fair market value taken of these assets despite the special provisions contained in section 50(ii) of the it act, 1961.5. we have heard the rival submissions and have also perused the material on record.6. at the very outset, we would like to observe that the department ..... has, for the first time, sought the application of section 50(ii) of the act, which are the special provisions for computation of capital gains in case of depreciable assets. neither the ao ever applied the provisions of section 50(ii) to the facts of ..... but to meet the ends of justice and for the sake of settling the issue in question for good, we would consider the application of the said provision of the act to the facts of this case.7. the undisputed facts are that the aop was dissolved and on such dissolution, the constituents of the aop got assets. now the .....

Shri Narayan Ram Chhaba Vs. the I.T.O. [Alongwith Ita No.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... assessee, his wife and huf were also earning interest income and consequently, provisions of section 269ss were not attracted for levying penalty under section 271d of the act.17. after giving careful thought to the facts and circumstances of the case, we are of the considered opinion that the genuineness of the transaction to the ..... accepted the explanation only to the extent of rs. 3,50,000/- and made addition for the balance amount of rs. 2 lakhs under section 68 of the act.the source of the third loan of rs. 7 lakhs shown to have been received from smt. patasi devi [wife] was explained by the assessee as under ..... between the members who heard these appeals, the following questions have been referred to me by the hon'ble president under section 255(4) of the i.t. act, 1961, for my opinion.the ld. members after passing dissenting orders, made a reference to the hon'ble president identifying separately the point of difference as under: .....

Narayan Ram Chhaba Vs. Ito, Ward-i, Nagaur

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)96ITD163(Jodh.)

..... opinion between the members who heard these appeals, the following questions have been referred to me by the hon'ble president under section 255(4) of the income tax act, 1961, for my opinion.the ld. members after passing dissenting orders, made a reference to the hon'ble president identifying separately the point of difference as under: ..... his wife and huf were also earning interest income and consequently, provisions of section 269ss were not attracted for levying penalty under section 271 d of the act.after giving careful thought to the facts and circumstances of the case, we are of the considered opinion that the genuineness of the transaction to the extent of ..... the facts and circumstances of the case the learned cit(a) has erred in confirming following additions made by applying provision of section 68 of the income tax act, 1961: these are the only main grounds taken by the appellant-assessee. the learned a.r. sandeep jhanwar has submitted that the appellant is an agriculturist since .....

Kwal Pro Exports Vs. the A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... this section, it is sine qua non to understand the meaning of the term 'manufacture' and 'production'. the word 'manufacture' has not been defined precisely in the act. black's law dictionary explains the expression 'manufacture' as under: the process of operation of making goods or any material produced by hand by machinery or by other ..... been done by the kerala high court. second, whether "processing of prawns" amounts to "manufacture or production of articles" within the meaning of section 80hh of the act. the language of section 80hh being plain, clear and unambiguous, the legislative intent has to be gathered from the statute itself. in the instant case, on a ..... processing of goods, that does not amount to manufacturing or bringing a new article in existence. in the like manner, the further contention that under the sales tax act the term 'manufacture' has been used in a different manner does not hold good when the term 'manufacture' comes up for interpretation in the context of section .....

Madad Ali Ansari and Co. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... be rendered illegal because of the restrictions prescribed in the relevant rules of mes because the question of illegality of a partnership must be distinguished from illegality of any acts done in the course of its business by the firm and in the absence of any statutory bar or in the absence of any terms in the licence itself ..... partners in favour of the assessee-firm. consequently, the firms were considered as genuine firm with separate existence considering that the requirements prescribed under s. 6 of the partnership act had been duly complied with and all the partners shared the profit/loss as per the terms of the partnership deed.9. in the present case, undoubtedly the firm ..... of them were not in a position to be produced. the remaining two partners mr. intezar and syaid ali were produced and duly examined under s. 131 of the act. in his statement recorded by the ao, mr. syaid ali stated that he did not contribute any capital to the assessee-firm. further, he also stated that he .....

Assistant Commissioner of Income Vs. G.P. Taparia

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2004)84TTJ(Jodh.)34

..... transactions, for which separate running/current accounts had been maintained. it was pointed out that in the similar circumstances, the penalties were levied under section 271d of the it act, 1961 in the hands of m/s maheshwari nirman udyog, nokha (sister concern of the assessee) from whom the assessee received cash and repaid the same and ..... as the sister concerns were having bank account and the transactions in question were in cash.therefore, the assessee violated the provisions of sections 269ss and 269t of the it act, 1961. as such the penalties were rightly levied. he further stated that the learned cit(a) was not justified in deleting the penalties.6. in his rival ..... of accounts of a sister concern of the assessee, namely, m/s maheshwari nirman udyog, nokha during the course of assessment proceedings under section 143(3) of the it act, 1961 for the asst. yr. 1993-94, the ao noticed that the assessee had accepted loans and deposits from m/s maheshwari nirman udyog, nokha exceeding rs. .....