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Judgment Search Results Home > Cases Phrase: income tax act Court: allahabad Year: 1988 Page 1 of about 51 results (0.114 seconds)

Sep 12 1988 (HC)

In Re: All India Defence Accounts Association

Court : Allahabad

Decided on : Sep-12-1988

Reported in : (1988)74CTR(All)41; [1989]175ITR494(All); [1989]43TAXMAN216(All)

..... was not taxable. both these decisions run counter to the ratio of the case, s. mohan lal, : [1979]3scr12 , as they were rendered in disregard of the fact that the income-tax act is a self-contained code to judge the taxability of a particular receipt and that fundamental rules cannot be taken into aid. we are, therefore, afraid that those decisions cannot ..... from the fundamental rules governing the service conditions of the central government employees or from the provisions of a statute, which is not cognate or pari materia to the act of 1961. the income-tax act is a self-contained code and the taxability of house rent allowance, city compensatory allowance and dearness allowance or of any other allowance will have to be seen ..... were adopted by the other learned counsel for the petitioners.3. the submission of sri upadhyaya is that these allowances do not amount to 'income' under the provisions of the income-tax act, 1961 (hereinafter referred to as 'the act, 1961'), and, therefore, they are not liable to tax. sri upadhyaya being very firm in his submission that these allowances are not in the nature of ..... the wo-rd 'perquisite', occurring in explanation 1 to section 7(1) of the indian income-tax act, 1922. corresponding to section 17(2) of the act, 1961, and then their lordships clearly observed at p. 96 :'the explanation 1 to sub-section (1) of section 7 of the act gives an inclusive definition.'15. if the submission of sri upadhyaya that section 17(2 .....

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Nov 05 1988 (HC)

Sriram Jaiswal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Nov-05-1988

Reported in : (1988)75CTR(All)41; [1989]176ITR261(All)

..... ). thus, what can be seized under clause (iii) is the asset as mentioned in clause (c) which has not been or would not be disclosed for the purpose of the income-tax act. some courts took the view that seizure means taking physical possession of any valuable article or thing. to overcome this, the legislature has amended section 132(1) by the finance ..... the petitioner. during the search and seizure operation, gold ornaments, silver ornaments, cash, etc., were seized under section 132(1) of the income-tax act, 1961 (briefly 'the act') and a restraint order was passed under section 132(3) of the act, for want of verification in respect of the following assets :rs.(i)stock of woollen yarn, etc.7,00,855(ii)stock of ..... assets was determined at rs. 7,30,683 in the order passed under section 132(5) of the act and as the total tax liability aggregating to rs. 25,85,988 for the aforesaid years exceeded the total value of the seized assets, the income-tax officer ordered retention of the entire seized assets.3. thereupon, the petitioner filed this writ petition for quashing ..... the order dated november 17, 1987, passed under section 132(5) of the act (annexure '25' to the writ petition) and demanding immediate release of the assets seized .....

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Oct 14 1988 (HC)

Bal Bharti Nursery School and anr. Vs. District Magistrate and ors.

Court : Allahabad

Decided on : Oct-14-1988

Reported in : 1990CriLJ422

..... even though no recovery proceedings were pending and in fact the petitioner had been exempted on 27th november, 1982 under section 10(22) of the income-tax act. on 29th april, 1988, the assistant commissioner of income-tax attached the accounts of the bal bharti nursery school and the bal bharti school. this order has been impugned by the petitioner by means of ..... of senior public prosecutor and while directing the superintendent of police to register the complaint as a crime case he did not act mala fide. again, he did not act mala fide in sending a complaint to the income-tax department to the effect that he had received information that sri bakht had been defrauding the revenue. again, the district magistrate ..... district magistrate did not send sri pandey, the sub-divisional magistrate chail, to sri v.k. pandey, the asstt. commissioner, income-tax. no subordinate officer was asked to contact any officer of any other department personally. the income-tax department acted on its own in either attaching or seizing the accounts of the petitioners. the district magistrate had no concern with the action ..... taken by the income-tax department. it is true that the district magistrate had forwarded the complaint of sri srivastava along with .....

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Mar 17 1988 (HC)

Commissioner of Income-tax Vs. Iswari Khetan Sugar Mills Ltd.

Court : Allahabad

Decided on : Mar-17-1988

Reported in : (1988)69CTR(All)181; [1988]172ITR430(All); [1988]39TAXMAN238(All)

..... tribunal's order, allahabad bench, relating to the assessment year 1972-73, for our opinion under section 256(1) of the income-tax act, 1961 :'(i) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that there was no remission ..... 000 had been disallowed out of the reserve for bad debts during the assessment year 1966-67. the appellate assistant commissioner, therefore, reduced the addition made by the income-tax officer by rs. 10,000.4. then the assessee challenged the addition of rs. 83,766 as sustained by the appellate assistant commissioner. before the appellate tribunal ..... . 93,766 was taxed by the income-tax officer as the assessee's income holding that, to that extent, there was 'remission' of the liabilities, for which deduction had been allowed in the earlier years. the assessee ..... 000 had been disallowed by the income-tax officer in the assessment year 1966-67. after deducting the amount of rs. 23,000 from the aggregate of rs. 1,16,766, the balance of rs ..... 938-007.co-operative cane dev. unionltd., lakshmiganj18,330-24 1,16,766-633. from the facts as stated by the appellate tribunal, it appears that the income-tax officer noticed that out of the amount of rs. 3.3,000 at item no. 5 above transferred from the reserve for doubtful debts, rs. 23, .....

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Jan 14 1988 (HC)

Virendra Kumar Avinash Kumar Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Jan-14-1988

Reported in : [1988]171ITR263(All)

..... tribunal (allahabad bench) has made this reference to this court under section 256(1) of the income-tax act, 1961, for seeking our opinion on the following questions :'1. whether, on the facts and in the circumstances of the case, the ..... sri jagat narain. decision of benami character will not be confined to the facts as they stood on the date when the partnership agreement was formed. the income-tax officer passed the order under section 185 on october 4, 1976, and the partnership started from october 17, 1972. so the authorities below ought to ..... in addition to that there should be a valid consideration for the agreement. section 185(1) of the act, 1961, states that on receipt of an application for the registration of a firm, the income-tax officer shall enquire into the genuineness of the firm and its constitution as specified in the instrument of partnership, ..... any share in the said capital. the case of partial partition of the capital of the hindu undivided family was thus rejected. it was held by the income-tax officer that the two sons of sri jagat narain were benamidars of their father and the partnership business was not genuine. the claim for registration was, ..... both his sons invested the amount which they received on partial partition of the capital of the hindu undivided family in the partnership business.3. the income-tax officer was of the view that the erstwhile business was the individual business of sri jagat narain and that was not the business of the hindu undivided .....

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Feb 17 1988 (HC)

Manik Chand Gupta Vs. Commissioner of Income-tax and anr.

Court : Allahabad

Decided on : Feb-17-1988

Reported in : (1988)72CTR(All)12; [1988]173ITR662(All)

..... condition that the partners admit in writing, before taking the copies, that all the books of account belonged to the firm. 3. sub-section (9) of section 132 of the income-tax act, 1961, provides that the person from whose custody any books of account are seized under sub-section (1) or sub-section (1a) may make copies thereof or take extracts therefrom .....

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Mar 17 1988 (HC)

Commissioner of Income-tax Vs. Kamlapat Motilal

Court : Allahabad

Decided on : Mar-17-1988

Reported in : (1988)69CTR(All)228; [1988]172ITR438(All); [1988]39TAXMAN95(All)

..... which it is used in section 14 ; and (4) that the supreme court in organo chemical industries' case, air 1979 sc 1803, has not interpreted the word 'damages' under the income-tax act, but only under the act, 1952, it having nothing to do with the former, 8. we are not at all impressed by these submissions of sri swarup. under the ..... income-tax act, what is relevant is the point of deduction. so far as the true character, nature, content or shade of the word 'damages' is concerned, that will be seen only in ..... the context of the scheme of the act, 1952, and, therefore, it will not be a distinctive feature that the supreme court interpreted the word 'damages' under the act, 1952, only, without adverting to the income-tax act. we fail to understand how when the supreme court clearly held that 'damages' under section 14b are ..... om prakash, j.1. at the instance of the commissioner of income-tax, kanpur, the income-tax appellate tribunal, allahabad bench, referred to us the following three questions under section 256(2) of the income-tax act, 1961 (briefly ' the act, 1961'), for our opinion :'(1) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the payment of rs. 31 .....

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Mar 29 1988 (HC)

Commissioner of Income-tax Vs. Modi Industries Ltd.

Court : Allahabad

Decided on : Mar-29-1988

Reported in : [1989]178ITR404(All)

..... v.k. khanna, j.1. this is an application under section 256(2) of the income-tax act, 1961, praying that the income-tax appellate tribunal, delhi, be asked to draw up a statement of the case and to refer the four questions mentioned in paragraph 7 of the application ..... revenue receipt in the hands of the assessee-company and, as such, not taxable in its hands ?' 4. we, accordingly, direct the income-tax appellate tribunal to draw up a statement of the case and refer the questions of law indicated above for the opinion of this court.5. the application is, thus ..... the material fact that these expenses never related to the assessee's business ? (ii) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in holding that a sum of rs. 32,33,116 being the excess price realised by the assessee on sugar was not a ..... opinion that the following questions of law arise out of the tribunal's order :'(i) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in holding that a sum of rs. 25,000 spent on the managing director's house was an allowable deduction by ignoring ..... the assessment year 1971-72 between the same parties. as far as question no. (iii) is concerned the same is also covered by the decision of the supreme court in cit v. bijli cotton mills p. ltd. : [1979]116itr60(sc) . as far as questions nos. (ii) and (iv) are concerned, we are of the opinion that .....

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Oct 13 1988 (HC)

Shree Ram Washer Rahat Industries Vs. Income-tax Appellate Tribunal

Court : Allahabad

Decided on : Oct-13-1988

Reported in : [1989]175ITR436(All)

1. heard learned counsel for the parties.2. the only question for consideration in this petition is, whether a reference application under section 256(1) of the income-tax act, 1961, is maintainable against the order passed under section 254(2) of the said act. this question came up for consideration before this court in chemicals and allied products v. income-tax appellate tribunal : [1989]175itr344(all) (supra) and the bench, of which one of us was a member, took the view that a reference against the order passed under section 254(2) of the said act is maintainable.3. following the aforesaid decision, we quash the order dated 26th august, 1987 (annexure-7 to the writ petition), passed by the income-tax appellate tribunal, allahabad.4. the appellate tribunal is directed to consider the application of the petitioner made under section 256(1) and decide the same on merits according to law.

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Feb 05 1988 (HC)

Commissioner of Income-tax Vs. Bansal Tel Bhandar

Court : Allahabad

Decided on : Feb-05-1988

Reported in : (1988)69CTR(All)207; [1988]172ITR334(All); [1988]37TAXMAN148(All)

..... of this finding of fact recorded by the tribunal, as a matter of fact, no question of law arises for our consideration. sub-section (2) of section 187 of the income-tax act, 1961, is as under :' (2) for the purposes of this section, there is a change in the constitution of the firm- (a) if one or more of the partners cease ..... year 1970-71, the firm made an application in form no. 11 seeking registration on october 14, 1969, along with the instrument of partnership deed dated december 20, 1968. the income-tax officer, however, found that the three partners divided their shares in equal share ratio in the books of account and not as per the instrument dated december 20, 1968. he ..... 20, 1968, coupled with the supplementary deed dated may 4, 1969. he, therefore, set side the order of the income-tax officer and directed him to reconsider the matter after giving a proper opportunity to the assessee.4. on second round, the income-tax officer examined the stamp vendor from whom the stamp paper for the supplementary deed was purchased and he also recorded ..... om prakash, j.1. at the instance of the revenue, the income-tax appellate tribunal, delhi bench 'a', new delhi, has referred the following question for our opinion :' whether, on the facts, and in the circumstances of the case., the tribunal was correct .....

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