Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (1986)17ITD857(Asr.)
..... the effect of any addition made is to reduce the returned loss and it cannot be said that the assessee has suppressed some income which would have attracted liability to tax.this also shows that it will be proper to attribute to the word income in clause (iii) of section 272(1) the meaning of a positive income and not a negative income, such an interpretation will avoid any conflict between the concept of mens rea and the provisions ..... shri chandha pointed out that the definition of word in section 2(24) of the income-tax act was inclusive and was subject to the condition of requirements ..... shri chandhas second contention was that explanation to section 271(1) (c) of the income-tax act, 1961, has been wrongly invoked in the assessees which is that of returned and assessed loss and there was no question of any income being suppressed ..... that the word income has to be understood in the context of a particular section and invariably in the income-tax act, it cannot be held to include loss as well. ..... we also feel that it will be doing violence to the language as well as the concept of explanation to section 271(1) (c), if the word income is given a meaning to include loss as well.accordingly, we are inclined to agree with the view expressed in the two authorities referred ..... behalf of the assessee, the explanation incorporates a rule of evidence reversing the normal rule in criminal and quasi-criminal cases that the burden is on the party, alleging the commission of an offence, to prove it. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (1994)51ITD539(Asr.)
..... the general law and the special law, gift is a transrfer of property by one living person to any other without consideration the gift-tax act includes certain transfers with inadequate or pretended consideration within the definition of gifts, whereas, under the general law, existence of consideration, however, ..... to depart from or to displace the ideas or principles of the general law in regard to situations, specially dealt with by special acts, it would be wrong to deprive oneself of the guidance available in the general law while dealing with special statutes. ..... the expression 'transfer' as defined in section 2(xxiv) reads as under:- disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property....thus a conjoint reading of section 2(xii) coining a definition of the expression 'gift' and section 2(xxiv) coining the definition of the expression 'transfer of property' makes it clear that before a transaction can be styled as a gift, it must imply a transaction of transfer by one person to another ..... section 122 of the transfer of property act, 1922, on the other hand defines the gift in the following terms :- gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee and accepted by or on behalf of the donee.from the above, it is clear that whereas acceptance by or on behalf of the donee, under the transfer of property act .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (1995)52ITD652(Asr.)
..... year 1986-87 strict compliance would be enforced to deserve the immunity and in case return was not filed within the specified time under section 139(1) of the income-tax act or section 14(1) of the wealth-tax act, 1957 immunity would not be extended to penal consequences of late filing of the return. ..... year under consideration was pending and as such the assessee has filed revised return adding the income surrendered and paying tax and wrote to the ao alongwith evidence in the form of challan for payment of tax.it was pleaded that it was only on account of investigation in the case of taj mahal hotel that the department came to the conclusion that the assessee might have concealed income and as such the case of the ..... to those years are already completed (b) in case where the assessments in respect of those years are pending ans : in cases where the assessments are already completed the taxpayer should approach the concerned commissioner of income-tax with the full disclosure of the amounts of income and/or wealth concealed in various years and should also file returns for the relevant years. ..... it was submitted that intention to conceal is different from the act of concealing and concealment is not established unless the assessment is framed by the ao and in case a revised return is filed before the framing of assessment the offence of concealment cannot be said to have been established. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (1982)1ITD90(Asr.)
..... by the assessee is against the order of the commissioner, passed under section 263 of the income-tax act, 1961 ("the act") for the assessment year 1977-78. ..... from the board is addressed to the jammu forest lessees association and clarifies that the provisions of clauses (xxxi) and (xxxii) of sub-section (1) of section 5 of the wealth-tax act would be applicable to various contractors. ..... contended that the same meaning should be given for the purpose of sections 80j and 80hh and wherever there were processing of goods such activity could be eligible for benefit under the wealth-tax act and which should also be eligible for benefit under sections 80j and 80hh under the income-tax act. ..... he referred to the definition in the wealth-tax act as given in explanation to section 5(2) (xxxi).according to this explanation, industrial undertaking means an undertaking engaged in among many other things in the manufacturing or processing ..... if the process involved in the business of the members of the jammu forest lessees association is not merely conversion of standing trees into firewood but also manufacture of new commodity saleable as such, the benefit of section 80j/80hh of the income-tax act, 1961 will be available. ..... further contended that the definition given in the wealth-tax act or in other statute for any other purpose could not apply and the question of allowance of deduction under sections 80j and 80hh have to be decided on the basis of the requirement in those sections themselves. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (1997)62ITD243(Asr.)
..... thus, it is seen that there are provisions in the act which obligate the it authorities to act in a particular situation and pass an order but there is no specific literature in those sections compelling them to make a written order as such ..... ." "having regard to the express provisions which create a vicarious liability on the representative-assessee to be liable to tax, as it is popularly understood, the necessity to provide him with an order treating him as agent of the non-resident becomes all the more ..... . 84 or to direct the ito to allow the relief merely because the ito brings an item to tax, he cannot be deemed to have considered its non-taxability though no such claim was made before him by the ..... cit (1957) 31 itr 1 (bom) is distinguishable on the ground that it arose under the act of 1922 which did not provide for a right of appeal against such treatment orders ..... cit (1957) 31 itr 1 (bom) is distinguishable on the ground that it arose under the act of 1922 which did not provide for a right of appeal against such treatment orders ..... . cit (1957) 31 itr 1 (bom), on the ground that case arose under the it act of 1922, "which did not provide for a right of appeal against such treatment orders" ..... to succeed on the short ground of the assessment being invalid on account of the ito not appointing shri sudarshan kumar to be an agent of the non-resident, shri prem kumar bhagat by passing an order unders 163 of the it act, 1961, treating him to be so prior to the making of the assessment under appeal .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (1997)59TTJ(Asr.)276
..... it is seen that there are provisions in the act which obligate the it authorities to act in a particular situation and pass an order but there is no specific literature in those sections compelling them to make a written order as ..... ." "having regard to the express provisions which create a vicarious liability on the representative-assessee to be liable to tax, as it is popularly understood, the necessity to provide him with an order treating him as agent of the non-resident becomes ..... 84 or to direct the ito to allow the relief merely because the ito brings an item to tax, he cannot be deemed to have considered its non-taxability though no such claim was made before ..... sudershan kumar) as an agent of the non-resident (shri prem kumar bhagat, younger brother) without giving an opportunity of being heard by him, as to his liabilities to be treated as such, which is the requirement of s.163(2) of the act and if it is so, then whether the best judgment made assessment by the ito is void or voidable ?" 9 ..... sudarshan kumar) as an agent of the non-resident (shri prem kumar bhagat, younger brother) without giving an opportunity of being heard by him, as to his liabilities to be treated as such, which is the requirement of s.163(2) of the act and if it is so, then whether the best judgment assessment made by the ito is void or voidable ..... 31 itr 1 (bom) is distinguishable on the ground that it arose under the act of 1922 which did not provide for a right of appeal against such treatment .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (1998)67ITD326(Asr.)
..... (i) deals with refunds; clause (j) deals with recovery; clause (k) deals generally with all agreements, notifications, orders issued under the 1922 act; clause (1) continues the notifications issued under section 60(1) of the 1922 act, and clause (m) guards against the application of a longer period of limitation prescribed under the 1961 act to certain applications, appeals, etc it is hardly believable in this context that parliament did not think of appeals and revisions in respect of assessment orders already ..... under section 23(1) of the indian income-tax act, it is open to the income-tax officer, if he is satisfied that the return made by the assessee under section 22 is correct, to assessee the income and to determine the sum payable by the assessee on the basis of the return without requiring the presence of the assessee or production by him of any evidence. ..... the assessing officer issued notice under section 34(1)(a) of the indian income-tax act, 1922. ..... the records show that the original order was passed under section 143(1) of the income-tax act, 1961. ..... the assessing officer has completed assessment under section 143(3) of the income-tax act, 1961. ..... cit [1973] 88 itr 323 (sc) that in similar situation as discussed above, the cit is justified in invoking section 263 of the income-tax act.15. ..... by reason of the supposed sale of 1959, the income-tax officer though if fit to act under section 34. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (1998)62TTJ(Asr.)332
..... column 13 of the itns which mentions that the order is passed under section and sub-section under which the assessment is made and same is mentioned as order under s. ..... ito should have passed on an order of assessment even if the result of the deten-nination was that the tax payable was nil and, therefore, the order that the case be "wed" would be invalid, the effect could not be that the proceedings before the addl. ..... the order is sum total of finding, direction to act or not to act and consequential effect of action and non-action of various statutory responsibilities, rights and also enjoyment of right and liability towards the state.8. ..... (m) guards against the application of a longer period of limitation prescribed under the 1961 act to certain applications, appeals, etc. ..... it deals with non-completed assessments pending at the commencement of the act 1961 and assessments to be made after the commencement of the 1961 act, as a result of returns of income filed after the commencement of the 1961 act. ..... moreover, there is no difference between assessment and reassessment under the act.assessment includes reassessment.' 14. ..... 23(l) of the indian it act, it is open to the ito if he is satisfied that the return made by the assessee under s. ..... by reason of the supposed sale of 1959, the ito thought it fit to act under s. 34. ..... 34(l)(a) -of the indian it act, 1922. ..... 60(l) of the 1922 act; and cl. ..... 263 of it act does not confirm any jurisdiction on the cit to cancel the dropping of the proceedings. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (2004)91TTJ(Asr.)710
..... be guarded against is that the retrenchment should not be by way of punishment, but in anticipation of a transfer.in view of this matter, we are of the opinion that section 25ff of the industrial disputes act, which governs the industry gives a right to the transferor to take a pre-emptive action to minimise his expenses by giving an advance retrenchment notice to the workmen synchronising with the ..... such economic dead weight it assured the employee and his family of some partial protection to tide over the hard period of unemployment.section 25ff was introduced to safeguard the rights of workmen who because of the transfer of an undertaking could not be employed by the transferee.section 25f of the industrial disputes act prescribes that in all cases of transfer by agreement or by the operation of law which do not fall under the proviso, on ..... under section 25ff of the industrial disputes act is taken, as in this case, during the continuation of the business but before the actual transfer, when the assessee is still the owner of the industrial undertaking, under the operation of law, then the amount expended by way of retrenchment compensation will be covered by section 37 of the act.it cannot be disputed that the assessee has a right to minimise the incidence of the tax ..... further observed that to settle the liability which is legally due by taking advantage under section 25ff which is to the mutual advantage of employee and employer cannot be denied under section 37(1) of the income tax act .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (2004)91TTJ(Asr.)719
..... advance tax under section 234b of the act was not called for.the learned commissioner (appeals) while allowing the appeal of the assessee directed the assessing officer to make the necessary rectification and delete the interest charged under section 234b of the act and made the following observations : "l.3 i have carefully considered the submissions made before me.admittedly, the income assessed is winning from lottery on which tax is required to be deducted at source, as per provisions of section 194b of the act. ..... it apparently clear that the assessing officer has rightly charged the interest under section 234b on account of the default by the assessee for non-determination of advance tax and further he was also justified in rejecting the application moved by the assessee under section 154 of the act in which he prayed for the deletion of interest under section 234b of the act imposed by the assessing officer.in the result, we find merit in the grounds of appeal of the revenue and consequent ..... in these facts and the circumstances, the question of applicability of section 194b does not arise because no tax was required to be deducted at source and hence the commissioner (appeals) has misdirected while holding that as the assessee was not required to pay any advance tax, so even no interest under section 234b of the act could be charged from him. ..... as per relevant provisions of income tax act, tax is required to be deducted from winning of lottery of prize money, etc. .....
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