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1970 (11) TMI 10

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..... essee under the Mysore Agricultural Income-tax Act, 1957 (hereinafter called " the Act "), has challenged the provisional assessment made for the assessment year 1969-70 and the proceedings taken for recovery of the tax so assessed. For the assessment year 1969-70, the petitioner filed a return on 30th May, 1969, showing a net profit of Rs. 2,61,585. In arriving at the net profits, the petitioner .....

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..... the recovery of the provisional tax and penalty. Thereupon, the petitioner approached this court for relief under article 226 of the Constitution of India. The contention of. Sri Venugopalachari, the learned counsel for the petitioner, is that the provisional assessment order made by the 4th respondent under sub-section (1) of section 20 of the Act is illegal as the assessing authority has no j .....

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..... a with section 141 of the Income- tax Act, 1961 (Central Act 43 of 1961). In Jaipur Udyog Ltd. v. Commissioner of Income-tax , the Supreme Court had occasion to pronounce on the ambit of the power of the Income-tax Officer under section 141 of the Central Income-tax Act. It has been laid down in the said decision that the scheme of section 141 is to call upon the assessee to pay tax provisionally .....

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