Home Case Index All Cases Income Tax Section Wise 1974 1974 (3) This

Law	-- All -- GST Income Tax Benami Property Customs Corporate Laws Securities / SEBI Insolvency & Bankruptcy FEMA PMLA Service Tax Central Excise CST, VAT & Sales Tax Wealth tax Indian Laws
Court	-- Any -- Supreme Court SC Orders / Highlights High Court Appellate Tribunal Tribunal Appellate authority for Advance Ruling Advance Ruling Authority National Financial Reporting Authority Competition Commission of India ANTI-PROFITEERING AUTHORITY Commission Central Government Board DISTRICT/ SESSIONS Court Commissioner / Appellate Authority Other
Citation	--Year-- 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 Upto 1949 - -Volume- 1 2 3 4 5 6 7 8 9 10 11 12 -
Landmark	Nil - N/A Referred in >= 3 Cases Referred in >= 4 Cases Referred in >= 5 Cases Referred in >= 10 Cases Referred in >= 15 Cases Referred in >= 25 Cases Referred in >= 50 Cases Referred in >= 100 Cases
Order by	TMI Citation Date of Decision

Advanced Search Options

Case Laws

Showing 61 to 68 of 68 Records

• 1974 (3) TMI 8 - CALCUTTA HIGH COURT
  

  Best Judgment Assessment, Income Tax Act

  
  
  ... ...
  ... ... ..... ssee came to know of the same and in view of the fact that in a similar matter such application was entertained by this court and affirmed by the Division Bench we think that though there might be alternative remedy within the Act yet this will not deter this court from entertaining an application under article 226 of the Constitution in exercise of its discretion. The learned judge having exercised his discretion, in view of the facts and circumstances mentioned before, we should not interfere with that exercise of discretion. In the aforesaid view of the matter this appeal fails and is accordingly dismissed. There will be no order as to costs. This order, however, will not prevent the revenue authority from making any assessment in accordance with law. Counsel for the assessee also conceded that there was no question of limitation in making the assessment pursuant to the notice under section 34 of the Act, which, as mentioned above, has not been set aside. PYNE J.--I agree.

  ---

• 1974 (3) TMI 7 - CALCUTTA HIGH COURT
  

  Hundi Loans, Original Assessment

  
  
  ... ...
  ... ... ..... cessor on the same set of facts. In the instant case also cyclostyled reasons were produced before me. I have held in C.R. No. 3456(W) of 1969 that the Income-tax Officer is required to form his own belief. It is not enough to have the materials in his possession, but he must perform the necessary mental act of accepting such materials and information as reliable in forming the belief which could be acted upon. Considering the facts and circumstances of this case, in my view the condition precedent for exercising jurisdiction under section 148 of the Income-tax Act, 1961, has not been fulfilled in the instant case and, accordingly, the said impugned notice which is annexure C to the petition dated March 30, 1970, must be set aside and all assessment proceedings initiated in terms of the said impugned notice must also be quashed. In the result this rule is made absolute. There will be no order as to costs. Let the operation of the order remain stayed for a fortnight from date.

  ---

• 1974 (3) TMI 6 - ALLAHABAD HIGH COURT
  

  Company In Which Public Are Substantially Interested, Previous Year, Taxing Statutes

  
  
  ... ...
  ... ... ..... ribunal was in error in holding that the entire house was exempt under cl. (n). Section 34 deals with the aggregation of property for determining the rate of estate duty. As already seen only a half share in the residential house under cl. (n) was exempt. Clause (c) of s. 34(1) specifically provides that the interest in the joint family property of all the lineal descendants of a deceased member, in the case of a joint family property, is to be aggregated. Since only a half share in the residential house was exempt under cl. (a), cl. (c) which relates to the remaining half which belonged to the son who was a lineal descendant of the deceased, would be liable to be aggregated under cl. (c). The value of this share was validly taken into consideration by the Assistant CED for rate purposes. In the result, we would answer the question referred to us in the negative, in favour of the department. As no one has appeared on behalf of the assessee there will be no order as to costs.

  ---

• 1974 (3) TMI 5 - CALCUTTA HIGH COURT
  

  Reassessment

  
  
  ... ...
  ... ... ..... 73 ITR 226 (All), Fateh Chand Jairam Dass v. CIT 1973 88 ITR 226 (P and H) and ITO v. Dwarkadas Shalt Brothers (P.) Ltd. 1974 95 ITR 527 (Cal). In the view we have taken it is not necessary for us to refer to the said decisions in detail. We must also observe that reliance was also placed on the decision in the case of Chhugamal Rajpal v. S. P. Chaliha 1971 79 ITR 603 (SC). The facts of that case were entirely different and have been discussed fully in the aforesaid Full Bench judgment of this court in Lakhmani Mewal Das v. ITO 1975 99 ITR 296. Therefore, it is not necessary for us to discuss these again. In the aforesaid view of the matter, this appeal has to be allowed and the judgment and order of B. S. Mitra J., dated the 22nd of June, 1972, are hereby set aside and the application under art. 226 of the Constitution is hereby dismissed. There will be no order as to costs. Operation of this order is stayed for a period of four weeks from this date. R. N. PYNE J.-I agree.

  ---

• 1974 (3) TMI 4 - ALLAHABAD HIGH COURT
  

  Non maintenance of stock register – validity of penalty proceddings

  
  
  ... ...
  ... ... ..... Income-tax Officer relied upon the findings recorded by him in the regular assessment proceedings. There is nothing to suggest that he examined any evidence or material afresh in penalty proceedings. The question referred to us also proceeded on the basis that the earlier findings had been relied upon. Since there were no findings relevant to the question of Concealment or furnishing of inaccurate particulars, there was no question of their being relied upon. On the basis that such findings were available, the Tribunal set aside the order of the Appellate Assistant Commissioner. In our opinion it was not justified in doing so. We would, therefore, answer question No. 3 in the negative, in favour of the assessee and against the department. In view of this answer questions Nos. 1 and 2 are merely academic. We, therefore, leave them unanswered. The assessee would be entitled to costs, which are assessed at Rs. 200. The fee of learned counsel is also assessed at the same figure.

  ---

• 1974 (3) TMI 3 - CALCUTTA HIGH COURT
  

  In this writ application, the petitioners have challenged the jurisdiction of the respondents to issue two notices both dated July 31, 1967, and to proceed against them under two notices - When a company is struck off from the registers or dissolved, whether the director is liable for the tax arrears - Eventhough Companies Act states that directors of a private company are not personally liable to pay taxes of the company - Section 179 stipulates that the directors would be personally liable provided certain conditions are satisfied. Also when the recovery proceedings against the company were still pending section 179 cannot be applied

  ---

• 1974 (3) TMI 2 - DELHI HIGH COURT
  

  This writ petition is directed against a notice of the Income-tax-cum-Wealth-tax Officer, Ward VIII, New Delhi, dated 29th March, 1966, issued under section 148 of the Income-tax Act, 1961, for the assessment year 1957-58, intimating that the Income-tax Officer had reason to believe that the income of the petitioner for the said assessment year had escaped assessment and he proposed to reassess the same and that the notice had been issued after obtaining the necessary satisfaction of the Commissioner of Income-tax

  ---

• 1974 (3) TMI 1 - PATNA HIGH COURT
  

  Assessment of percentage of sugar produced without disclosing the reason for it and rejecting the figure given by the assessee - "Whether, on the facts and in the circumstances of the case, the books of account were rightly rejected under section 13 of the Indian Income-tax Act, 1922, and the addition of Rs. 2,25,000 was rightly sustained." Question answered in the negative in favour of the assessee and against the revenue.

  ---

1234