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1 - 9 of 9 (0.96 seconds)Section 34 in Income Tax Rules, 1962 [Entire Act]
Section 131 in The Income Tax Act, 1961 [Entire Act]
Section 31 in The Income Tax Act, 1961 [Entire Act]
Income-Tax Officer, Award, Sitapur vs Murlitdhar Bhagwandas, Lakhimpur ... on 29 January, 1964
Explanation 2 to Sub-section (3) of Section 153 partially supersedes th Supreme Court decision in Murlidhar Bhagwandas's case and Sivalingai Chettiar's case by providing that in any case where income is excluded i appeal, reference, or revision, or any other legal proceedings, from the assessment for any year, an assessment of such income for another assessment year shall be deemed to be one made in consequence of or t give effect to, any finding or direction by the authority hearing the case This fiction of law removes the bar of limitation irrespective of the question whether the authority has in fact given or can, in law, give a finding c direction that the income should be taxed in a specified assessment ye other than the year for which the authority hears the case. The effect of Section 150 and this sub-section read with Explanation 2 is that, if an income is deleted from assessment in a higher proceeding on the ground that it is not the income of that year, steps may be taken under Section 147 to assess it as the income of another year, without any limitation applying to the issue of the notice under Section 148 or to the complettion of the assessment or reassessment.
The Income Tax Act, 1961
Section 31 in Income Tax Rules, 1962 [Entire Act]
Section 34 in The Income Tax Act, 1961 [Entire Act]
Kalra Glue Factory vs Sales Tax Tribunal And Ors. on 2 March, 1987
In the case of Kalra Glue Factory [supra], it was claimed that a statement ought not have been taken into account by the Tribunal as this statement was recorded at the back of the appellant and the appellant had no occasion to test his statement by cross-examination. This contention was accepted and the order of the Tribunal was set aside and the matter remanded for fresh disposal. Respectfully following this decision,, we would restore the matter to the file of the Assessing Officer with a direction to give the assessee an opportunity to cross-examine Sri K.R. Sheth and to arrive at a fresh decision thereafter according to law.
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