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1 - 6 of 6 (0.17 seconds)V. Kunhambu And Sons vs Commissioner Of Income-Tax on 15 December, 1995
4. Shri R. P. Sawhney, learned senior counsel for the petitioner, has argued that questions of law do arise from the order of the Tribunal as the statements recorded during the search operations under Section 132(4) of the Act were admissible in evidence against the assessee-firm. Reliance has been placed on a decision of the Kerala High Court in V. Kunhambu and Sons v. CIT [1996] 219 ITR 235. In that case, the question under consideration was whether the authorised officer could record the statement on oath during search and seizure on all matters pertaining to the suppressed income. After considering the Explanation to Section 132 of the Act, it was held that statements on all matters pertaining to the suppressed income can be recorded.
Commissioner Of Income-Tax vs Kanhayalal Ram Chand on 10 December, 1976
6. Shri Sawhney has further relied upon a decision of this court in CIT v. Kanhayalal Ram Chand [1979] 119 ITR 377. In that case, the Income-tax Officer had declined to register a sub-partnership after noticing that the amount of investment had not come from the person who was said to be a partner. It was further seen that the person claiming to be a partner in the firm was an old man of 72 years and had retired from service long ago. His bank pass-books were not produced. The share given to the said partner was disproportionate to his investment. He had never drawn his share of profit from the firm. The dissolution deed was not produced. For these reasons, this court upheld the order of the Assessing Officer.
Commissioner Of Income-Tax, Ernakulam vs Managing Trustee, Jalakhabai Trust on 23 March, 1967
8. Reliance has also been placed by Shri Sawhney on a decision of the Supreme Court in CIT v. Managing Trustee, Jalakhabai Trust [1967] 66 ITR 619, in support of his plea that this court, at this stage, is not required to decide whether the question sought to be referred may ultimately be decided in favour of the assessee. This court has only to consider whether a question of law arises out of the order of the Tribunal.
Section 185 in The Income Tax Act, 1961 [Entire Act]
Section 256 in The Income Tax Act, 1961 [Entire Act]
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