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Judgment Search Results Home > Cases Phrase: income tax act Court: allahabad Year: 1999 Page 5 of about 217 results (0.033 seconds)

Apr 16 1999 (HC)

Commissioner of Income-tax Vs. New Light Tannery

Court : Allahabad

Decided on : Apr-16-1999

Reported in : (2000)162CTR(All)454; [2000]244ITR5(All); [1999]107TAXMAN526(All)

..... law under section 256(1) of the income-tax act (hereinafter referred to as the act) for opinion to this court :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was legally correct in holding that weighted deduction is permissible under section 35b(l)(b)(viii) of the income-tax act, 1961, in respect of an expenditure incurred ..... in india on insurance, shipment, freight, despatch and clearing and transportation of the goods to their destination ?' 2. the said question of law arises out of the order dated january 2, 1981, passed by the income-tax appellate tribunal in income-tax appeal no. 2179 (alld.) of ..... 737.85shipment, freight, despatch and clearing expenses3.4,146.00transportation charges.5. the income-tax officer did not accept the claim of the respondent-asses-see for weighted deduction under section 35b of the act in respect of the aforesaid items of expenditure. the commissioner of income-tax (appeals), upheld the order of the assessing officer. the respondent-assessee filed an ..... appeal against the aforesaid order before the income-tax appellate tribunal. it was pointed out before the tribunal that the assessee .....

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Mar 15 1999 (HC)

Smt. Shobha Sengar Vs. Commissioner of Income-tax and anr.

Court : Allahabad

Decided on : Mar-15-1999

Reported in : [2000]244ITR10(All); [1999]105TAXMAN142(All)

..... search and seizure operation against her, the same has to be dealt with in terms of the provisions of section 132(5) and section 132b of the income-tax act, 1961 (hereinafter referred to as 'the act'), and that since the dues assessed on the petitioner had already been cleared the property had to be returned to her and their retention by the respondents ..... the best of his judgment on the basis of such materials as are available with him ;(ii) calculating the amount of tax on the income so estimated in accordance with the provisions of the indian income-tax act, 1922 (11 of 1922). or this act ;(iia) determining the amount of interest payable and the amount of penalty imposable in accordance with the provisions of the indian ..... income-tax act, 1922 (11 of 1922), or this act, as if the order had been the order of regular assessment ;(iii) specifying the amount that will be ..... required to satisfy any existing liability under this act and any one or more of the acts specified in clause (a) of sub-section (1) of section .....

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Dec 08 1999 (HC)

Commissioner of Income-tax Vs. Janardhan Dass Shankar Lal

Court : Allahabad

Decided on : Dec-08-1999

Reported in : [2000]246ITR661(All)

..... only a change in the constitution of the assessee-firm on january 6, 1976, within the meaning of section 187(2) of the income-tax act, 1961, and, therefore, one single assessment covering both the periods, namely, from april 1, 1975, to january 4, 1976, and january 6, 1976, to march 31, 1976 ..... tribunal, delhi bench 'e', delhi, has under section 256(1) of the income-tax act, 1961, referred the following question of law for the opinion of this court :'whether, on the facts and in the circumstances of the case, there was ..... not get dissolved. therefore, the learned commissioner of income-tax (appeals) held that by the operation of law, the death of janardhan dass dissolved the firm and a new firm came into existence on january 6, 1976, ..... 1976. the assessing officer treated it to be a case of mere reconstitution of the firm and made a single assessment. the assessee appealed to the commissioner of income-tax (appeals) who held that there was no clause in the partnership deed to the effect that in the case of the death of a partner, the firm would ..... , was justified ?'2. the reference has been made at the instance of the commissioner of income-tax, meerut, and the aforesaid question of law is stated to arise out of the tribunal's order dated june 12, 1981, passed in ita no. 2760 (delhi) of 1980 .....

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Sep 27 1999 (HC)

Commissioner of Income-tax Vs. Meerut Gun House

Court : Allahabad

Decided on : Sep-27-1999

Reported in : [2000]245ITR254(All)

..... the business. it was, thus, not a case of dissolution of a firm but of succession and reconstitution within the meaning of sections 187 and 188 of the income-tax act, 1961. this court in cit v. ganeshi lal and sons : [1998]232itr914(all) has held that where the partnership deed provides that on the death of a partner the firm shall not dissolve ..... tribunal, delhi bench 'b', delhi, in exercise of the powers under section 256(1) of the income-tax act, 1961, at the instance of the commissioner of income-tax has referred the following question for the opinion of this court :'whether, on the facts and in the circumstances of the case, the tribunal was legally correct in holding that ..... stood dissolved and, therefore, two separate assessments had to be made for the aforesaid period. this contention was negatived by the assessing officer but was accepted by the commissioner of income-tax (appeals) and the tribunal affirmed the first appellate order.5. at the instance of the commissioner, the aforesaid question has been referred for the opinion of this court.6. a ..... hold that there was no dissolution of the firm on the death of sri kuldeep kohli and the tribunal was not right in upholding the order of the commissioner of income-tax (appeals) directing the assessing officer to make two separate assessments on the basis of the two returns filed by the firm. .....

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Dec 14 1999 (HC)

Commissioner of Income-tax Vs. Kesho Ram and ors.

Court : Allahabad

Decided on : Dec-14-1999

Reported in : [2000]245ITR733(All); [2001]116TAXMAN224(All)

..... is in the position of a creditor of the association and the interest paid by the association to him is legitimate deduction under section 10(2)(iii) of the indian income-tax act, 1922, in computing the profits of its business. therefore, the tribunal was right in applying this decision and the answer to this aspect of the question is self-evident.6 ..... m.c. agarwal, j.1. by this application under section 256(2) of the income-tax act, 1961, the commissioner of income-tax, meerut, prays that the income-tax appellate tribunal, delhi, be directed to draw up a statement of the case and refer the aforementioned question stated to be of law arising out of the tribunal's order ..... assessing officer appealed to the tribunal and that was dismissed. the tribunal noticed that there was no prohibition under the income-tax act, 1961, for allowing such a deduction and the matter was covered by a judgment of the madhya pradesh high court in cit v. harnandrai shrikishan akodia : [1966]61itr50(kar) .4. it is on the aforesaid facts that the question, as stated ..... case, the tribunal was legally correct in holding that the decision of the madhya pradesh high court reported in cit v. harnandrai shrikiskan akodia : [1966]61itr50(kar) is directly on the point and there was no prohibition under the provisions of the income-tax act to pay interest to the members of association of persons during the assessment year under consideration ?'.2. we have .....

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Feb 10 1999 (HC)

Sri Onkar Nath Mahendra Vs. Commissioner of Income-tax and anr.

Court : Allahabad

Decided on : Feb-10-1999

Reported in : (1999)156CTR(All)188; [1999]237ITR792(All)

..... , and has held that the demand raised in the order dated january 27, 1979, was declared nil by the order dated november 17, 1979, passed under section 154 of the income-tax act. as such, according to the petitioner, the assessee is entitled to the refund under the provisions of section 214.5. looking at the provisions of section 214 of the ..... commissioner waiving the interest payable by the father was on the ground that the father had made payment of advance tax prior to the issue of notice under section 210 of the income-tax act and not on the ground that the assessed income and tax entries due to inclusion of share income of minor not because there was any concealment in the assessment of the taxable ..... the father and he was assessed accordingly. in the mean-time, however, the petitioner-assessee had deposited the advance tax under the provisions of section 210 read with section 211 of the income-tax act.2. the petitioner now contends that since the petitioner's assessment was made by an order dated november 17, 1979, the petitioner was entitled to refund of the advance ..... his share in the partnership firm. his father was also a partner in the said firm. by the taxation laws (amendment) act, 1975, by its section 13 of the amending act made effective from april 1, 1976, provisions of section 64(3) were inserted in the income-tax act, 1961. the said provision provided that if a minor is admitted to the benefits of partnership .....

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Sep 29 1999 (HC)

Commissioner of Income-tax Vs. Goverdhan Dass Mahendra Kumar

Court : Allahabad

Decided on : Sep-29-1999

Reported in : [2000]246ITR338(All)

..... of rs. 5,322 being payment of interest to shyam lal surender kumar could not be made under section 40(b) of the income-tax act, 1961 ?' 2. the said questions are stated to arise out of the tribunal's order dated march 30, 1979, passed in ita no. 3591/delhi ..... disallowance of the sum of rs. 12,244 being payment of interest to mahindra kumar sewati devi could not be made under section 40(b) of the income-tax act, 1961 ?' 2. whether, on the facts and in the circumstances of the case, the tribunal was legally correct in holding that the disallowance of a sum ..... tribunal, new delhi, has in compliance with the direction of this court in ita no. 162 of 1980 under section 256(2) 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, ..... the original assessment, the claim for deduction of this interest was allowed. however, subsequently, the income-tax officer reopened the assessment under section 147 and disallowed the claim in view of the provisions of section 40(b) of the act. in the assessment year 1973-74, on a similar ground the assessee's claim for payment ..... to the partners, i.e., hindu undivided families in question. we find support from an observation of the supreme court in brij mohan das laxman das v. cit : [1997]223itr825(sc) . the identity of the partners and the persons receiving the interest being the same, the assessing officer had rightly invoked section 40(b .....

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Nov 30 1999 (HC)

Commissioner of Income-tax Vs. Laxman Dass and Ram Murti

Court : Allahabad

Decided on : Nov-30-1999

Reported in : [2000]246ITR622(All)

..... by relying upon the order of the supreme court in the case reported upon cit v. hindustan housing and land development trust ltd. : [1986]161itr524(sc) , ignoring the amendment to section 45 of the income-tax act by the finance act, 1987, and also overlooking the decision of the supreme court in the case ..... of rama bai : [1990]181itr400(sc) ?'2. we have heard sri shambhu chopra, learned counsel for the commissioner, and sri o. p. sapra learned counsel for the respondent. some agricultural land belonging to the two respondents was acquired under the land acquisition act ..... delhi, in i.t.a. nos. 2753, 2754 and 2755 of 1997 for the assessment years 1989-90 to 1991-92, while income-tax applications nos. 75, 68 and 67 are directed against an order dated november 11, 1997, passed by the said tribunal in i ..... in its entirety, the right to payment of enhanced compensation would have fallen altogether and, therefore, the extra amount of compensation was not income arising or accruing to the respondentsduring the previous year relevant to the assessment year 1956-57. the supreme court clarified that there is a ..... grant of additional compensation and interest thereon has not become final and is sub-judice in the high court. this finding is not disputed. in cit v. hindustan housing and land development trust ltd. : [1986]161itr524(sc) , the supreme court held that when the entire amount was in .....

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Oct 11 1999 (HC)

Commissioner of Income-tax Vs. Noor Handicrafts

Court : Allahabad

Decided on : Oct-11-1999

Reported in : [2000]245ITR309(All); [2001]118TAXMAN75(All)

..... brief and is as under :'4. the only other ground relates to the claim of the assessee for weighted deduction under section 35b of the income-tax act. the assessee had claimed weighted deduction on the following amounts : rs.(1)miscellaneous expenses18,551(2)salaries58,158(3)foreign travel expenses25,972(4)stationery7 ..... agarwal, learned counsel for the respondent.3. the assessee is an exporter of brassware and claimed export markets development allowance under section 35b of the income-tax act, 1961, in respect of the expenditure to be detailed hereafter. the expenditure in respect of which such allowances, popularly known as weighted deduction is allowable ..... tribunal, delhi bench 'b', delhi, has, in compliance with the direction of this court, under section 256(2) of the income-tax act, 1961, referred the following question stated to be of law and to arise out of the tribunal's order dated may 1, ..... we do not intend to disturb this part of the order of the income-tax officer. so far as export promotion commission (item no. 8 above) is concerned, the weighted deduction on whole of the amount has been allowed ..... various items on which the weighted deduction was claimed by the assessee in respect of the amount of rs. 25,972 on foreign travel expenses, the income-tax officer allowed weighted deduction at rs. 22,972. he disallowed rs. 3,000 on the ground that it represented the personal expenses of the partners. .....

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Feb 26 1999 (HC)

Kundan Lal Ratan Lal JaIn Vs. Assessing Officer

Court : Allahabad

Decided on : Feb-26-1999

Reported in : [2000]245ITR434(All)

..... notices under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the assessment years 1989-90,1990-91,1991-92 and 1992-93, respectively. the original assessments for all the years were duly completed under section 143(3) of the act in which the assessee had shown substantial amounts of income as agricultural income from land taken on lease. in ..... by account payee cheques and have been accepted in the original assessment the case cannot be reopened under section 148 of the act on the basis of subsequent inquiries. the judgment shows that the loan creditors had given their income-tax numbers, repayments were made by account payee drafts, interest was paid from time to time by account payee cheques/drafts and ..... notices issued to the petitioner mention that the notices have been issued after obtaining necessary satisfaction of the commissioner of income-tax. therefore, prima facie, this plea has no substance.6. in respect of a notice under section 148 of the act, the petitioner has the opportunity of contesting the validity of the same in the assessment proceedings and thereafter in the ..... denied having lent any money to the petitioner. on the basis of these investigations, the assessing officer issued notices under section 148 of the act as he had reason to believe that the income chargeable to tax had escaped assessment. it is contended that the matter was investigated during the assessment proceedings and there was no cause for reopening the assessments. .....

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