Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 99 general rule as to evidence Sorted by: old Court: income tax appellate tribunal itat patna

A.K. Mishra Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD37(Pat.)

..... 12. i have carefully considered the facts concerning the issue. the 'appellate tribunal' is a judicial body exercising judicial powers under the statute, viz., the it act, 1961. therefore, whether it does, must be done within the limits of its jurisdiction and in consonance with sound judicial principles, the oft quoted maxim ..... representatives or the assessing officer. according to him, the condemnation of the conduct of the departmental officers and observations regarding imposition of penalty under the it act, initiating proceedings under the indian penal code as and the ccs (conduct) rules, 1964 and making entries in their annual confidential character report/service ..... and important facts commencing from the filing of the original return till the completion of the reassessment proceedings pursuant to notice under section 148 of the act. the assessment records were, therefore, directed to be produced for examination and verification of true facts. but as recorded by me earlier elsewhere .....

Dina Metal Ltd. Vs. Dy. Commissioner of Income-tax,

Court : Income Tax Appellate Tribunal ITAT Patna

..... documents because there were irregularities in the actual weighment of the seized stock. he emphasised that the assessment was made under section 158bc under chapter xivb of the ii act in which there was no scope of any addition on conjecture and surmises. any addition on account of undisclosed income should be made on the basis of the ..... properly done. according to it (assessee company) apart from the iron materials which were kept under the deemed seizure in view of proviso to section 132(1) of the it act, the current stocks were also weighed and to this regard an objection was recorded in the panch nama. the ao, however, did not accept the objection of the ..... . thus, in our opinion, the ao was quite justified in treating the value of this unexplained stock as representing undisclosed income of the assessee under section 69a of the act. we accordingly confirm the ao's action on this point.1. i have gone through the proposed order of my ld. brother. i am, however, unable to purchase .....

Dina Metal Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)84TT(JP.)at761

..... because there were irregularities in the actual weighment of the seized stock. he emphasised that the assessment was made under section 158bc under chapter xiv-b of the it act in which there was no scope of any addition on conjecture and surmises. any addition on account of undisclosed income should be made on the basis of the ..... done. according to it (assessee-company) apart from the iron materials which were kept under the deemed seizure in view of proviso to section 132(1) of the it act, the current stocks were also weighed and to this regard an objection was recorded in the panchnama. the ao, however, did not accept the objection of the assessee-company ..... was of the view that the authorised representative by claiming that the assessee had tampered with the stock under deemed seizure, had made the assessee liable to prosecution under the it act.6. on careful consideration of the facts of this case, we would like to quote from the panchnama dt. 4th dec., 1997 (i.e., the date when .....

Dy. Commissioner of Income-tax Vs. Murrah Live Stock Agency

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)91ITD198(Pat.)

..... -tax department through the chief commissioner of income-tax, bihar, to initiate such action as may be considered fit, necessary and expedient under the income-tax act, wealth-tax act, etc. against persons whom he reasonably thinks to be involved in the 'scam' and possess unaccountable wealth and property, and take the proceedings their logical ..... necessarily result into reassessment. the material sufficient for formation of the belief need not be sufficient for making the assessment/reassessment. the a.o. should not act arbitrarily, nor should he pretend of having a reasonable belief for reopening of an assessment. reopening is also not valid if there is no live link or ..... speculation. there must be reason to induce the belief. the belief must be of an honest and reasonable person based upon reasonable grounds. (v) the officer may act on direct or circumstantial evidence; but his belief must not be based on mere suspicion, gossip or rumour. (vi) the belief that is required for reopening .....

Deputy Commissioner of Income Tax Vs. Murrah Live Stock Agency

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)84TT(JP.)at547

..... meantime. 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 proceedings to their logical ..... not necessarily result into reassessment. the material sufficient for formation of the belief need not be sufficient for making the assessment/reassessment. the ao should not act arbitrarily, nor should he pretend of having a reasonable belief for reopening of an assessment, reopening is also not valid if there is no live link ..... of initiation of proceedings is dependent on the formation of the belief. it gives the ao the right to reopen a completed assessment.the provisions of the it act clearly provide the procedure for making the reassessment after the initiation has validly been made. provisions of section 143(2) and (3) are applicable in respect .....