Judgment Search Results Home > Cases Phrase: wealth tax act 1957 section 35b failure to furnish returns of net wealth Sorted by: recent Court: punjab and haryana Page 1 of about 22 results (0.204 seconds)

Shanti Sarup Sharma Vs. Commissioner of Income-tax and Another.

Court : Punjab and Haryana

Reported in : (1999)154CTR(P& H)503; [1999]237ITR376(P& H); [1999]106TAXMAN274(Punj& Har)

..... case where penalty had been imposed under section 18(1)(a) of the wealth-tax act on account of the appellant's failure to furnish the return of wealth within the time allowed in the relevant ..... the assessing officer levied penalty also for failure to furnish returns, without reasonable cause, under section 271(1)(a) of the act.the petitioner filed an application under section 273a of the act before the commissioner of income-tax , seeking waiver of interest and penalty charged and levied ..... cwt : [1997]224itr418(sc) had an occasion to examine a matter regarding waiver of penalty under section 18b of the wealth-tax act, which is analogous to section 273a of the act, where under also a similar discretion has been conferred on the commissioner for either reducing the penalty or granting ..... held that under section 18b of the wealth-tax act, the following five conditions are required to be fulfilled (page 126) :'(1) that the returns were filed by the petitioner prior to the issuance of a notice to her under sub-section (2) of section 14 of the act(2) that these were filed voluntarily and in good faith ;(3) that the petitioner had made full and true disclosure of her net(4) that she had co-operated in the inquiry relating to the assessment of her net wealth ; and(5) ..... the common factor is the making of a full and true disclosure of income voluntarily and in good faith;this court had also an occasion to examine a matter under section 18b of the wealth-tax act, 1957, in parkash devi (smt.) v. .....

Shanti Sarup Sharma Vs. Commissioner of Income-tax and anr.

Court : Punjab and Haryana

Reported in : (1999)121PLR443

..... 18(1)(a) of the wt act on account of the appellant's failure to furnish the return of wealth within the time allowed in the relevant assessment ..... ao levied penalty also for failure to furnish returns, without reasonable cause, under ..... assessee had voluntarily filed the wealth-tax returns before the issuance of any ..... contended by the assessee that penalty should be waived because he had voluntarily and in good faith made full disclosure of his net wealth by filing the wealth-tax returns for the relevant assessment years prior to issuance of any notice. ..... 14 of the act; (2) that these were filed voluntarily and in good faith; (3) that the petitioner had made full and true disclosure of her net wealth; (4) that she had co-operated in the inquiry relating to the assessment of her net wealth; and (5) that she had paid or made satisfactory arrangements for the payment of the tax or interest payable in consequence of an order passed under the act in respect of the relevant ..... learned counsel for the petitioner, has argued that the petitioner had voluntarily filed returns and had also paid tax on the returned income by way of self-assessment, for all the assessment years. ..... circumstances, the petitioner cannot be held liable for penalty for failure to file the returns of income in the earlier years. ..... 139(8) and 217 of the act, is partly quashed with the direction that interest shall be charged under the aforesaid sections for one year from 1st april, 1991 to 31st march ..... the wt act, 1957 in smt. .....

Smt. Ram Piari Vs. Wealth-tax Officer and anr.

Court : Punjab and Haryana

Reported in : [1994]205ITR417(P& H)

..... petitioner filed the returns relating to the years 1975-76 to 1981-82 and there has been no wilful failure on the part of the petitioner, that the complaint has been filed on march 27, 1991, and that it is liable to be quashed on account of undue delay, though according to the version of the complainant, the alleged offence was completed on july 1, 1980 ; that no notice was served on the petitioner under section 14(2) of the wealth-tax act, 1957 ; that a notice under section 35b of the wealth tax act was received on october ..... section 17(1) of the wealth-tax act, 1957, as incorporated with effect from april 1, 1989, reads as under ;'if the assessing officer has reason to believe that the net wealth chargeable to tax in respect of which any person is assessable under this act has escaped assessment for any assessment year (whether by reason of underassessment or assessment at too low a rate or otherwise), he may, subject to the other provisions of this section and section 17a, serve on such person a notice requiring him to furnish within such period, not being less than .....

Smt. Ram Piari Vs. Wealth-tax Officer and Another.

Court : Punjab and Haryana

Reported in : (1993)112CTR(P& H)325; [1993]205ITR417(P& H); [1993]69TAXMAN297(Punj& Har)

..... since return was not filed for the assessment year 1980-81, within the statutory period, the prosecution of the assessee has been launched under section 35b of the wealth-tax act, 1957.in the present petition, it has been alleged that the petitioner is a widow aged 62 and has been assessed to income-tax, but she was never advised by her counsel that she was liable to pay any wealth-tax; that when a notice was received under section 17 of the wealth-tax act, she ..... section 17(1) of the wealth-tax act, 1957, as incorporated with effect from april 1, 1989, reads as under :'if the assessing officer has reason to believe that the net wealth chargeable to tax in respect of which any person is assessable under this act has escaped assessment for any assessment year (whether by reason of underassessment or assessment at too low a rate to otherwise), he may, subject to the other provisions of this section and section 17a, serve on such person a notice requiring him to furnish within such period, not being ..... that the petitioner failed the returns relating to the years 1975-76 to 1981-82 and there has been no willful failure on the part of the petitioner, that the complaint has been filed on march 27, 1991, and that it is liable to be quashed on account of undue delay, thought according to the version of the complainant, the alleged offence was completed on july 1, 1980; that no notice was served on the petitioner under section 14(2) of the wealth-tax act was received on october 25, 1990 .....

Smt. Parkash Devi Vs. Commissioner of Wealth-tax

Court : Punjab and Haryana

Reported in : (1982)27CTR(P& H)1; [1983]141ITR122(P& H)

..... she took the anticipatorystep of filing an application under section 18b of the act to the commissioner on the assumption that failure, without reasonable cause, to furnish the returns of net wealth which she was required to furnish under sub-section (1) of section 14, would attract the penalty under section 18 ; for the returns which she filed voluntarily on april 22, 1978, she paid the full amount of the total tax due on the returned wealth. ..... -section (1) of section 18 for failure without reasonable cause to furnish the return of net wealth which such person was required to furnish under sub-section (1) of section 14 ; or (ii) reduce or waive the amount of penalty imposed or imposable on a person under clause (iii) of sub-section (1) of section 18, if he is satisfied that such person,-- (a) in the case referred to in clause (i), has, prior to the issue of a notice to him under sub-section (2) of section 14, voluntarily and in good faith, made full and true disclosure of his net wealth, and (b) in the case referred to in clause (ii), has, prior to the detection by the wealth-tax ..... act, 1957 (for short 'the act'), can ignore his recorded satisfaction to the statutory conditions embodied in section 18b, while exercising discretion in that direction ?2. .....

Amit Kumar and Another Vs. Dakshin Haryana Bijli Vitran Nigam Ltd. and ...

Court : Punjab and Haryana

..... copy of sale deed / allotment letter or lease deed or rent deed in the name of the applicant; (ii) registered general power of attorney from the owner in favour of the applicant alongwith (i) above; (iii) property tax receipt or tax demand notice as proof of ownership and rent deed or any other legal proof of being a tenant and paying rent as proof of occupancy; if there is no document as listed above with the applicant, then the licensee ..... it was also asserted that rent had been paid upto 31.03.2015 and in proof of the same income tax returns showing the payment of rent under the heading of trading and profit and loss account for the year ended ..... being dissatisfied with the reply and for his failure to submit the required documents in proof of ownership and legal possession vide order dated 29.06.2015 (annexure p-13), the electricity ..... the haryana value added tax act (for short 'the act') w.e.f. ..... of a building or rented land may, if the landlord has contravened the provision of this section, make an application to the controller complaining of such contravention ..... was registered under the central sales tax act. ..... like other rent restriction acts, the haryana urban (control of rent and eviction) act, 1973 contains sufficient provisions with regard to the obligation of the landlords to provide and not to interfere with ..... the respondents are disputing the relationship of landlord and tenant they should have filed a rent petition under the haryana urban (control of rent and eviction) act, 1973. .....

IFFKO-TOKYO General Insurance Company Limited Vs. Bhagwani and Others

Court : Punjab and Haryana

..... making appropriate modification on deduction of 1/4th in terms of the decision in sarla verma's case referred to above, the dependency could have been calculated only on the income that could have been exempted from payment of income tax and the appeal would require consideration by way of appropriate and just reassessment of income. ..... the counsel for the claimants would, therefore, seek the net income as earned through the various trucks themselves as constituting an average income at not less than ..... here again, the position that the motor vehicles act vis-a-vis claim for compensation arising out of an accident is a beneficent piece of legislation, cannot lead a tribunal trained in law to forget all basic principles of establishing liability and establishing the quantum of compensation ..... admittedly, the deceased was not an income tax assessee during the relevant time at the time of his ..... is there anything in the motor vehicles act which stands in the way of the tribunal asking for the best evidence, acceptable ..... was no proof regarding income but in this case the documents already filed showed that the deceased was owner of 9 trucks, having employed 8 persons as drivers for each one of the vehicles and himself acting as a driver for one of them. ..... further contention is that the deceased had not admittedly been paying income tax as disclosed in the petition in column 7 and during the relevant time for the assessment year 2008-09 the exemption from payment of tax was available upto rs. .....

Arjan Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

..... 40 and 41 of 1991, decided on december 3, 2004, examined the provisions of section 254(2a) of the income tax act, 1961, which contemplated that the appellate tribunal may hear and decide the appeal within a period of four years from the end of ..... (1) the state government may sanction, either with or without modification, or may refuse to sanction, or may return for reconsideration, any scheme submitted to it under section 40 (2) if a scheme returned for reconsideration under sub-section (1) is modified by the trust, it shall be republished in accordance with section 36-- (a) in every case in which the modification affects the boundaries of the locality comprised in the scheme, or involves the acquisition of any land not previously proposed to be acquired; and (b) in ..... scc 368, it was ruled that whenever the statute prescribes that a particular act is to be done in a particular manner and also lays down that failure to comply with the said requirement would lead to severe consequences, such ..... duty demanded and penalty levied, if the stay was not granted within 30 days, contravenes the right of consideration of appeal and of an application for waiver of pre-deposit conferred under section 35b read with section 35f of the act and is illegal. ..... manbodhan lal srivastava, air 1957 sc 912, quoted the quotation from crawford on "statutory construction" and held as under: "10.............the question whether a certain provision in a statute imposing a duty on a public body or authority was .....

Vijay Kumar Yadav and Another Vs. State of Haryana and Others

Court : Punjab and Haryana

..... order to suppress the mischief and advance the object of the act it can help or assist the court in interpreting the true purport and intendment of the enactment, and (e) it cannot, however, take away a statutory right with which any person under a statute has been ..... where there is any obscurity or vagueness in the main enactment, to clarify the same so as to make it consistent with the dominant object which it seems to subserve, (c) to provide an additional support to the dominant object of the act in order to make it meaningful and purposeful, (d) an explanation cannot in any way interfere with or change the enactment or any part thereof but where some gap is left which is relevant for the purpose of the explanation, in ..... 'ble supreme court considered the interpretation of the word 'especially' contained in section 106 of the indian evidence act, 1872, which was an exception to section 101 thereof, vis-a-vis sections 112 and 113 of the railways act and it was observed as below :- "13. ..... rule in question has specified a period of eight years approved service in the grade of section officer as a condition of eligibility for being considered for promotion to grade i post of ..... in commissioner of income-tax, bombay and others ..... commissioner income tax air 1972 sc 126, this court said that one should apply the rule ..... commissioner of income tax, delhi ( .....

Raman Bawa Vs. Amit Jain

Court : Punjab and Haryana

..... the learned senior counsel would point out the statements showing sales, net profit before tax and net profit after tax for various assessments from the years 2011 to 2014. ..... the terms used under the hindu marriage act under section 24 are that the assessment made will have a due consideration of the relative status of parties; reasonable wants of the individual, paying capacity of the spouse and extent of resources held by the petitioner herself who claims ..... in the sister company munix india private limited, the net profit after tax in the year 2011 was rs.9.37 crores which gradually has increased to l 16.52 crores for the year ending with 31.03.2014. ..... had a net profit after tax at rs.12.01 crores for the year 2012, rs.10.51 crores for the year 2013 and rs.21.70 crores for the year ending with 31.03.2014. .....