Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: allahabad Year: 1999 Page 3 of about 217 results (0.031 seconds)

Oct 07 1999 (HC)

Cawnpore Sugar Works Ltd. Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Oct-07-1999

Reported in : (2000)162CTR(All)27; [2000]243ITR345(All); [2000]109TAXMAN332(All)

..... the facts and circumstances of the case, the sum of rs. 1,34,667 is an allowable deduction under section 36(1)(vii) and/or section 37(1) of the income-tax act, 1961, in the present assessment year 1960-61 ?(2) whether the decision of the tribunal rejecting the claim for deduction of rs. 1,34,667 is vitiated by consideration of ..... irrelevant material and a failure to consider the relevant material and facts ?(3) whether the decision of the income-tax appellate tribunal is vitiated by taking reliance upon the tribunal's decision in the assessment year 1961-62, which was given in connection with a different matter under entirely different ..... . the amount in question could not be treated as a debt.7. the tribunal in its order has reproduced an extract from the note submitted by the assessee to the income-tax officer in relation to the aforesaid contention which is as under :'after the purchase, the legal position was that we had purchased the properties and deposited the amount of sale ..... error in the tribunal's conclusion that the aforesaid sum of rs. 1,34,667 was not allowable either as a bad debt or as an expenditure in computing the income for the assessment year 1960-61. we also find that the tribunal has neither considered any irrelevant material nor has failed to consider the relevant material facts on record. as .....

Tag this Judgment!

Oct 11 1999 (HC)

Commissioner of Income-tax Vs. Omrao Industrial Corporation (P.) Ltd.

Court : Allahabad

Decided on : Oct-11-1999

Reported in : [2000]246ITR346(All)

..... this court :'whether, in the course of making reassessment after having validly initiated reassessment proceedings under section 147(a) of the income-tax act, 1961, in respect of certain items of escaped income, the income-tax officer can also add/disallow in computing the total income of the asses-see certain other items which were allowed by him at the lime of framing original assessment under section ..... 143(3) of the income-tax act, 1961 ?'we have heard shri prakash krishna, learned counsel for the commissioner. no one appeared on behalf of the respondent.2. the assessee's assessment was reopened under section 147( ..... almost made a review of the original assessment and started disallowing various amounts which, according to him, should not have been allowed by the income-tax officer making the original assessment. it is not the case of the income-tax officer that such allowances were made on account of non-disclosure of any facts by the assessee. the disallowances were made by the subsequent ..... had escaped assessment other than or in addition to the item or items which have led to the issuance of the notice under section 148, 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 and .....

Tag this Judgment!

Sep 23 1999 (HC)

Commissioner of Income-tax Vs. Vaish Brother's and Co.

Court : Allahabad

Decided on : Sep-23-1999

Reported in : [2001]247ITR385(All); [2001]117TAXMAN579(All)

..... as well as by the commissioner of income-tax (appeals) but was accepted by the appellate tribunal. the relevant part of the appellate tribunal's order ..... or processing of goods or in mining, if the income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter vi-a of the income-tax act), is not less than fifty-one per cent, of such total income.' 5. this claim was negatived by the assessing officer ..... (all) , this court was concerned with the meaning of the word 'processing' for determining whether the firm was an industrial undertaking under section 5(1)(xxxii) of the wealth- tax act, 1957. in that case the assessee purchased tobacco leaves which were subjected to the operation of crushing and separating stems and dust therefrom. it was held that these operations amounted ..... instance of the commissioner of income-tax, kanpur, the income-tax appellate tribunal, allahabad, has referred the following question for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the tribunal is legally correct in holding that the assessee-company is an 'industrial undertaking' within the meaning of section 2 of the finance act, 1973 ?' 2. the .....

Tag this Judgment!

Oct 01 1999 (HC)

Sharda Sahayak Samadesh Kshettra Vikas Nigam Ltd. Vs. Commissioner of ...

Court : Allahabad

Decided on : Oct-01-1999

Reported in : (2000)162CTR(All)220; [2000]244ITR364(All); [2000]109TAXMAN24(All)

..... assessee-company was not an authority as envisaged by section 10(20a) and was therefore not entitled to the exemption under clause (20a) of section 10 of the income-tax act, 1901 ? 2. whether, on the facts and in the circumstances of the case, the appellate tribunal rightly held that since the assessee-company's claim of ..... under consideration, no activity of any sort mentioned in its objects was taken up and the only income derived was from interest earned on fixed deposit, etc. it claimed its income to be exempt under section 10(20a) of the income-tax act, 1961. this claim has been negatived throughout, and in our view rightly, because the assessee was ..... tribunal, allahabad, has under section 256(1) of the income-tax act, 1961, referred the following questions for the opinion of this court :'1. whether, on the facts and in the circumstances of the case, ..... no doubt, the business, as contemplated in the objects was not set up, yet the existence of the company was necessary without which it could not earn any income even from interest. therefore, a reasonable proportion of the other expenses like those on salaries, rent, audit fee, etc., should also have been allowed as deduction. ..... of the act. therefore, we answer question no. 1, as reproduced above, in the affirmative, i.e., in favour of the commissioner and against the assessee.5. as regards question no. 2, we find that the assessing officer had allowed only rs. 15 on account of bank charges as a deduction against the income on fixed .....

Tag this Judgment!

Apr 16 1999 (HC)

Jogender Singh Vs. Income-tax Officer and ors.

Court : Allahabad

Decided on : Apr-16-1999

Reported in : [2000]246ITR269(All); [1999]107TAXMAN394(All)

..... petitioner. he further relied upon a decision of the supreme court in the case of central provinces manganese ore co. ltd. v. cit : [1986]160itr961(sc) for the proposition that interest and penalty are different under the income-tax act. thus, he submitted that the respondents cannot recover the amount of penalty outstanding against the firm from the petitioner, who was only a ..... of rs. 24,330 to the said firm on february 12, 1985. it appears that the income-tax officer, circle-1(6), kanpur, respondent no. 1, initiated penalty proceedings against the firm under section 271(1)(c) of the income-tax act, 1961 (hereinafter referred to as the 'act'), and imposed penalty on the said firm. the partners of the said firm applied and obtained ..... surety for the amount of income-tax, wealth-tax and gift-tax outstanding against the said firm to the extent specified in the surety bond. on ..... clearance certificate under section 230a of the act, even after imposition of the penalty under section 271(1)(c) of the .....

Tag this Judgment!

Sep 14 1999 (HC)

Commissioner of Income-tax Vs. U.P. Hotels Ltd.

Court : Allahabad

Decided on : Sep-14-1999

Reported in : [2000]245ITR212(All); [2001]116TAXMAN555(All)

..... for the assessment years 1989-90 and 1990-91 and in quashing the order of the commissioner of income-tax passed under section 263 of the income-tax act, 1961, in the light of specific clarifications of the central board of direct taxes on this issue ?(2) whether the income-tax appellate tribunal on the facts and circumstances of the case justified in law in restoring the order ..... received by the assessee in indian currency from travel agents are eligible to relief under section 80hhd of the income-tax act, 1961, for the assessment year 1989-90 and quashing the order passed by the commissioner of income-tax passed under section 263 of the act ?'4. we, accordingly, direct the appellate tribunal to state a case and refer the aforesaid question of law for ..... 1. this is an application by the commissioner of income-tax (central), kanpur, under section 256(2) of the income-tax act, 1961, praying that the income-tax appellate tribunal, allahabad, be directed to state a case and refer the following questions said to be of law and to arise out of the common order dated july 4, ..... of the assessing officer allowing deduction under section 80hhd, interpreting that introduction of the amendment and an explanation to section 80hhd by the finance (no. 2) act, 1991, although effective from april .....

Tag this Judgment!

Oct 09 1999 (HC)

Commissioner of Income-tax Vs. Jai Dei Devi, Anand Ram Jaipuria Public ...

Court : Allahabad

Decided on : Oct-09-1999

Reported in : (2000)164CTR(All)352; [2000]245ITR295(All)

..... tribunal, allahabad, has, in compliance with the direction of this court under section 256(2) of the income-tax act, 1961, referred the, following question for the opinion of this court : 'whether, on the facts and in the circumstances of the case, ..... and included in their list also the shares purchased by the assessee-trust, the union of india also moved an application for the recovery of outstanding income-tax demands against jaipuria brothers ltd. the first civil fudge in the interim order dated june 29, 1967, restrained swadeshi cotton mills ltd. from making any ..... of 1960 the assessee had no right to receive the amount during the year under consideration and, therefore, this amount could not be treated as its income. the assessee's contention was not accepted by the assessing officer but was accepted by the appellate assistant commissioner. the tribunal too upheld the contention of ..... dividend on the shares of swadeshi cotton mills co. ltd. and a sum of rs. 15,227 being the tax deducted at source thereon were liable to be excluded from the assessee's total income for the assessment year 1971-72 ?' 2. the said question arises out of the tribunal's order dated may ..... found that because of the restraint order passed by the court, no right had accrued to the assessee to receive this income and, therefore, this amount could not be treated as its income for the year under consideration. 6. admittedly, the assessee had purchased the shares concerned from jaipuria brothers limited and the .....

Tag this Judgment!

Oct 06 1999 (HC)

Commissioner of Income-tax Vs. Sir Padampat Singhania (Decd.)

Court : Allahabad

Decided on : Oct-06-1999

Reported in : [2000]245ITR482(All)

..... court :'whether, on the facts and in the circumstances of the case and on a proper interpretation of rule 3 of the income-tax rules, 1962, and section 2(24)(iv) of the income-tax act, 1961, the tribunal was justified in holdingthat the value of the perquisite of free imported car with chauffeur provided to the assessee ..... tribunal following its order for the assessment year 1976-77, reduced the value to rs. 6,600.5. under section 2(24)(iv) of the income-tax act, 1961, the value of any benefit or perquisite, whether convertible into money or not, obtained from a company either by a director or by a ..... since no other details were furnished, he estimated the value of the perquisite at rs. 18,000 for the assessment year 1976-77. the commissioner of income-tax (appeals) reduced the estimate of the value to rs. 15,000 while the tribunal took the view that the value could be determined on the same ..... at rs. 6,600 in both the years. the said sum was arrived at by determining the value of the perquisite in accordance with rule 3 of the income-tax rules, 1962. the assessing officer, however, did not accept the same. he found that the assessee was not an employee of the company and, therefore, ..... dispute and it was also not disputed that rule 3 in terms applies to the determination of the perquisite value only in respect of the persons whose income is chargeable under the head 'salaries'. it was, thus, contended on behalf of the commissioner that the said rule applies only to an employee even .....

Tag this Judgment!

Dec 13 1999 (HC)

U.P. Forest Corporation Vs. Deputy Commissioner of Income-tax

Court : Allahabad

Decided on : Dec-13-1999

Reported in : (2001)165CTR(All)246; [2000]245ITR721(All)

..... the provisions of section 11(1)(a) of the income-tax act, 1961, is concerned, the issue does not arise from the revenue's appeal, therefore, we refrain from observing anything about the same. 6. in the result, the revenue's appeal ..... matter has to be decided in favour of the revenue in view of the supreme court judgment which we respectfully follow that income of the respondent-assessee (u.p. forest corporation) is not exempt under section 10(20) of the income-tax act, 1961. 5. so far as the contention of the authorised representative of the respondent-assessee in respect of the applicability of ..... .3. the u. p. forest corporation is an undertaking' of the government of u. p. in the income-tax assessment proceedings, it set up a case that it is a local authority within the meaning of section 10(20) of the income-tax-act, 1961, and, therefore, its income is exempt. this plea was not accepted by the assessing officer and an assessment was made by ..... 1. this is an appeal by the u. p. forest corporation under section 260a of the income-tax act, 1961, and is directed against the judgment and order passed by the income-tax appellate tribunal, bench-b, allahabad, in ita no. 209 (all) of 1993, for the assessment year 1990-91.2. we have heard sri s, p. gupta, learned senior advocate for .....

Tag this Judgment!

Nov 22 1999 (HC)

Security Printers of India (P.) Ltd. Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Nov-22-1999

Reported in : (2000)161CTR(All)195; [2000]242ITR507(All)

..... section 3 of the ordinance and so long as the ordinance remained in force. similar is the repugnancy in the provisions and the purpose of section 104 of the income-tax act, 1961, and the provisions of the 1974 act. 12. we, therefore, answer the questions, reproduced abo.ve, by saying that by virtue of the provisions of the companies (temporary restrictions on dividends ..... ., for various banks. it was, thus, engaged in an industrial activity and the question is whether the company was obliged to comply with the provisions of section 104 of the income-tax act, 1961, and whether additional income-tax could be levied ifthe dividends declared fell short of the distributable profits of the company. 4. section 104 provides that if the ..... ) act, 1974, the provisions of section 104 of the income-tax act, 1961, could not be invoked against the assessee for the year under consideration. 13. an authenticated copy of the judgment be forwarded to the registrar of the tribunal, in ..... in holding' that by virtue of section 5a, the company was obliged to comply with the provisions of section 104 of the income-tax act, 1961. 11. we find some support for our view from a judgment of the supreme court in cit v. godavari sugar mills ltd. : [1967]63itr310(sc) in which the supreme court was concerned with some identical provisions contained in .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //