Search Results Page
Search Results
1 - 10 of 17 (0.25 seconds)Section 32A in The Income Tax Act, 1961 [Entire Act]
Section 147 in The Income Tax Act, 1961 [Entire Act]
Motor Vehicles Act, 1939
Union Of India And Ors. Etc. Etc vs Chowgule And Co. Pvt. Ltd. Etc. Etc on 29 April, 1992
In Union of India v. Chowgule and Co. Pvt. Ltd., AIR 1992 SC 1376, it was observed that the mere fact that dumpers are used solely on the premises of the owner, or that they were in closed premises, or permission of the authorities was needed to move them from one place to another, or that they are not intended to be used or are incapable of being used for general purposes, or that they have an unladen and laden capacity depending on their weight and size, is of no consequence, when it was not pleaded that they are vehicles of a special type adapted for use only in a factory or in any other enclosed premises.
Commissioner Of Income-Tax vs M/S. Sun Engineering Works (P.) Ltd. on 17 September, 1992
In the case of CIT v. Sun Engineering Works P. Ltd. [1992] 198 ITR 297 (SC), in the matter of proceedings under Section 147, it was held by the apex court that the Income-tax Officer may bring to charge items of income which had escaped assessment other than or in addition to the item or items which led to the issuance of a notice under Section 148 and where reassessment is made under Section 147, in respect of income which had escaped tax, the Income-tax Officer's jurisdiction is confined only to such income which has escaped tax or has been underassessed and does not extend to revising, reopening or reconsidering the whole assessment or permitting the assessee to reagitate questions which had been decided in the original assessment proceedings. It is only the underassessment which is set aside and not the entire assessment when reassessment proceedings are initiated. The Income-tax Officer cannot make an order of reassessment inconsistent with the original order of assessment in respect of matters which are not the subject-matter of proceedings under Section 147. An assessee cannot resist reassessment proceedings validly initiated under this section merely by showing that other income which had been assessed originally was at too high a figure except in cases under Section 152(2).
Commissioner Of Income-Tax, Madras vs Mahalakshmi Textile Mills Ltd. on 12 March, 1964
In the matter of CIT v. Mahalakshmi Textile Mills Ltd. [1967] 66 ITR 710 (SC), the powers of the Tribunal were considered with reference to the words "as it thinks fit" used in Section 33(4) of the Indian Income-tax Act, 1922, and it was observed by the apex court that there
is nothing in the Income-tax Act which restricts the Tribunal to the determination of questions raised before the departmental authorities. All questions whether of law or of facts, which relate to the assessment of the assessee, may be raised before the Tribunal. If for reasons recorded by the Departmental authorities in respect of a contention raised by the assessee, grant of relief to him on another ground is justified, it would be open to the departmental authorities and the Tribunal, and indeed they would be under a duty, to grant that relief. The right of the assessee to relief is not restricted to the plea raised by him.