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Judgment Search Results Home > Cases Phrase: income tax act Court: allahabad Year: 1999 Page 6 of about 217 results (0.024 seconds)

Mar 15 1999 (HC)

Commissioner of Income-tax Vs. Modinagar Paper Mills Ltd.

Court : Allahabad

Decided on : Mar-15-1999

Reported in : (1999)155CTR(All)105; [2000]245ITR652(All)

..... out. thus, the question of law does not arise out of the tribunal's order.application :also to current assessment year.dt. ord.: 15-3-1999decision:in favour of assesseeincome tax act 1961 s.256(2) reference--mixed question of law and fact--depreciation--plantratio: the question whether foundation for installation of plant, machinery and water storage tank will constitute plant or ..... of the business then it cannot be regarded as a plant.application: also to current assessment year.a.y.: 1982-83dt. ord.: 15-3-1999 decision:in favour of revenueincome tax act 1961 s.256(2)

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Nov 02 1999 (HC)

Mahabir Industries Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Nov-02-1999

Reported in : [2000]245ITR827(All)

..... , the reference is answered by saying that the question, does not arise out of the order of the tribunal. application:also to current assessment year.decision:in favour of revenue.income tax act 1961 s.256(2) ..... by it in the purchase and sale of tobacco through b and k who carried on business at cooach bihar--the case of the assessee was that the said parties acted as commission agents of the assessee for the purchase and sale of tobacco and the assessee suffered losses amounting to rs. 28,167.50 and rs. 30,014--the assessee .....

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Mar 23 1999 (HC)

Commissioner of Income-tax Vs. Banaras Brass Merchant and Manufacturer ...

Court : Allahabad

Decided on : Mar-23-1999

Reported in : [2000]241ITR70(All); [2001]117TAXMAN568(All)

..... the main object of the company was to promote and protect trade, commerce and industry of the mercantile community. the assessee claimed exemption under section 11(1)(a) of the income-tax act, 1961. the tribunal on consideration of the aforesaid objects of the assessee-company was pleased to hold that the activities carried on by the assessee-company were of general public ..... utility and as such, the assessee was entitled to exemption under section 11(1)(a) of the act. the tribunal further held that the objects of the assessee are for general public utility and did not involve the carrying on of any activities for profit and the office ..... charitable institution of banaras brass merchant and manufacturers association, varanasi. they derive their income from donations, selling and manufacturing of the products produced by their members. the assessee-company was incorporated as a limited company in 1961. prior to that it was a society registered under the societies registration act, 1960. the main objects of the institution are as under : (a) to .....

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Dec 09 1999 (HC)

Flowmore (P.) Ltd., New Delhi Vs. U.P. State Industrial Development Co ...

Court : Allahabad

Decided on : Dec-09-1999

Reported in : 2000(1)AWC493

..... with the appellant-company therein, the indian sugar company continued to have its entity and was alive for the purposes of section 41(1) of the income-tax act, 1961, the apex court held as under :'generally, where only onecompany is involved in changeand the rights of the shareholders and creditors are varied, ..... .t. haryana, h. p. delhi, air 1991 sc 70, question was whether an amalgamated company could be held liable to pay tax under section 48(1) of the income-tax act. 1961. the supreme court held as under:'in order to attract the provisions of section 41(1) for enforcing the ..... tax liability, the identity of the assessee in the previous year and the subsequent year must be the same. if there is any change in the identity of the assessee, there would be no tax ..... was confronted with a question as to whether the arbitration clause falls within a contract which becomes impossible of performance under section 56 of the contract act, 1872. the principles laid down therein per majority are these-'(1) an arbitration clause is a collateral term of a contract as the definition from ..... company is still intact, cannot be countenanced.7. the decision in 'the official liquidator cannon dankarley co. (madras) ltd. v. asstt. commissioner urban land tax and another, 1992 (73) comp cas 168, reliance on which was placed by sri r. n. singh, is notan authority on the point that the .....

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Dec 15 1999 (HC)

Vinod Kumar Bhalotia Vs. State of U. P. and Others

Court : Allahabad

Decided on : Dec-15-1999

Reported in : 2000(1)AWC564

..... air 1969 sc 430, the supreme court while considering the powers conferred on income-tax appellate tribunal by sections 254 and 255 of income-tax act observed as under :'it is a firmly established rule that an ..... express grant of statutory power carries with it by necessary implication the authority to use all reasonable means to make such grant effective.....when section 254 confers appellate jurisdiction, it impliedly grants the power of doing all such acts ..... of section 15 of the act at the instance of a third party who is a person aggrieved, it will also have power to pass interim order like stay of the operation of the ' order of the vice-chalrman or slaying further construction or development. in income-tax officer v. mah knnhi, ..... wrongly refused him something or wrongfully affected his title to something. it would also mean a person who has been prejudicially affected by any act or omission of an authority although he may have no proprietary or even fiduciary interest in the subject-matter thereof. a person who ..... any person or body unless permission for such development has been obtained in writing from the vice-chairman in accordance with the provisions of the act. development has been defined in section 2 (e) and it means the carrying out of building, engineering, mining or other operations in, .....

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Dec 03 1999 (HC)

Anwar Hasan Khan Vs. District Judge, Shahjahanpur and Others

Court : Allahabad

Decided on : Dec-03-1999

Reported in : 2000(1)AWC650

..... 848 : 61 bom lr 85, the word 'or' was read as 'and', as the result produced by reading 'or' in section 42 (2] of the income-tax act, 1922, could not have intended.the use of the conjunction 'and'/'or' is not a rare feature. lordsimon. l. c. observed :'para 18 stated the alternative claim ..... do not think that the tenant can get any assistance from this court.scope and meaning of section 21 (1) (a)--first proviso of the act (u. p. act no. xiii of 1972 :26. supreme court in the case of martin and harris limited (supra) also held that before filing release application on ..... application could be entertained (precisely to say-'allowed') after the act commenced within three years of the purchase of a building if there is a sitting tenant. the legislature couldnot be expected to exclude a 'bona ..... .31. this shows that legislature never intended that a landlord, who has bona fide purchased a 'building with tenant' without intention to camouflage the act and bona jide required release of his accommodation, should be kept at bay unnecessarily.32. the intention of the legislature is clear that no release ..... dehradun and others. main thrust in the case was regarding meaning of expression 'entertained' used in first proviso to section 21 (1) of the act. in paragraph 27 of the judgment learned single judge observed that application was filed before expiry of six months under the notice and hence, release application .....

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Nov 30 1999 (HC)

V.V.S. Alloys Ltd. Vs. Assistant Commissioner of Income Tax

Court : Allahabad

Decided on : Nov-30-1999

Reported in : (2000)68TTJ(All)516

..... having appointed the dvo kanpur as commissioner, it was dvo, kanpur alone who could carry on the functions of commissioner. his monetary jurisdiction for the purpose of wealth tax act or for the purpose of income tax act had nothing to do with his functions as commissioner meaning thereby that it was only dvo, kanpur alone who, irrespective of his monetary jurisdiction under the wealth ..... . first of all we find serious infirmities in the information collected by the assessing officer in the form of valuer report. there is no provision under the income tax act, like one available under the wealth tax act, where matter can be referred to the valuation cell. the assessing officer, of course can collect information under section 131(1)(d), but, before proceeding to collect ..... it that where the notice issued to an assessee is vague, it would not be possible to rely upon it to sustain an assessment made under section 147 of the income tax act.(v)cit v. thayaballi mulla jeevaji kapasi (1967) 66 itr 147 (sc).in this case the hon'ble supreme court referred to its earlier decision in the case of narayana chetty ..... , his statement was also recorded (copy available at p. 333 of apb). for further reference the said statement is reproduced hereunder :'statement on oath recorded under section 131 of the income tax act 1961, from sri vinod kumar agarwal on 4-4-1996.oath administeredsd/- vinod kumar agarwal 4/9before mesd/-q1.in the course of the search proceedings under section 132 of .....

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Jun 30 1999 (HC)

Monga Metals (P) Ltd. Vs. Assistant Commissioner of Income Tax

Court : Allahabad

Decided on : Jun-30-1999

Reported in : (2000)67TTJ(All)247

..... his books of accounts and other papers just to blackmail us, he should be penalised for not making due compliance under section 131 of the income tax act 1961.proprietors of m/s anjani traders, agra had also confirmed the transaction in his earlier statement and the transactions were got verified through adi, ..... examine a person or to record the statement of a person connected with the matter relating to the person searched or for the purpose of income tax act, effecting the case of such person or in the context or in relation to the case of the person in whose case search has ..... delivered in this office within 16 days of service of notice, duly verified and signed in accordance with the provision of section 140 of the income tax act, 1961.sd/-(illegible)seal of the office of central circle-ii, kanpur(dr. subhash chandra)assistant commissionercentral circle-iikanpur'11.2(b). it we ..... of illegalities in notice under attack, first of all we prefer to reproduce the notice, which runs as under:'notice under section 158bc of the income tax act, 1961.pan/gir no.. ...........block periodthe previous years relevant to ten assessment years preceding the previous year 1996-97 and includes the period upto ..... the assessee as per the provisions of section 158bc is analogous/within the parameter of the requirements for a notice under section 148 of the income tax act and, therefore, the law relating to the requirements for the validity of the notice under section 148 and the case laws thereof, are fully .....

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Apr 12 1999 (HC)

Assistant Commissioner of Income Tax Vs. U. P. National Manufacturing ...

Court : Allahabad

Decided on : Apr-12-1999

Reported in : (2001)69TTJ(All)503

..... income tax act. accordingly, a show-cause notice under section 271c of the income tax act was issued by the undersigned on 28-12-1992, which was duly served on 30-12-1992, fixing the date of hearing on 12-1 ..... 201the order of the deputy commissioner in case of first respondent is in the following terms :'3. since the person responsible deliberately violated the provisions of section 194h of the income tax act for which he could not give and satisfactory reply, the assistant commissioner (tds), varanasi, referred this case to the undersigned for the imposition of penalty under section 271c of the ..... -1992 (copy placed at p. 58 of the assessee's paper-book), which reads as under :'the assistant commissioner (tds) varanasi.filing of annual return under section 206c of the income tax act, 1961, for the financial year 1991-92.sir,we write with reference to your letter no. tds/annual/1991-92 dated 18-8-1992, served on 3-9-1992, we ..... the revenue of 3 different appellants of the same group relates to the imposition of penalties under section 271c of the income tax act for failure to deduct and pay the tax at source as required by the provisions of section 194h of the income tax act. for the sake of convenience, we proceed to decide these appeals by this consolidated order. the common ground, except the .....

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Nov 22 1999 (HC)

Commissioner of Income Tax Vs. Auto Sales

Court : Allahabad

Decided on : Nov-22-1999

Reported in : [2001]246ITR494(All)

..... . agarwal, j.these are two references under section 256 of the income tax act, 1961, in respect of a common assessee and relating to the assessment years 1971-72 and 1974-75.the reference in itr no. 237 of 1982 arises out of the order dated 30-11-1980, passed by the income tax appellate tribunal in ita no. 1603 (all) of 1979. the following ..... to the special contingency account in the assessment year 1971-72 was not a trading receipt and hence not includible in the computation of the total income of the assessee for the assessment year under reference ?'income tax reference no. 73 of 1982 arises out of the tribunal's order dated 12-2-1981, for the assessment year 1974-75 passed in i ..... actually realised at the beginning of the transaction and the receipt, therefore, partakes of the character of income. reliance was placed on chowringhee sales bureau p. ltd. v. cit : [1973]87itr542(sc) and sinclair murray and co. p. ltd. v. cit : [1974]97itr615(sc) . these very cases were relied upon by the departmental representative in the case of motor and general sales (p ..... on all fours. reliance was also placed on chowringhee sales bureau p. ltd. v. cit : [1973]87itr542(sc) and sinclair murray and co. p. ltd. v. cit : [1974]97itr615(sc) in which the sales tax collected from a purchaser was held to be a trading receipt and includible in income. in the present case, there is no finding that the amount collected was received .....

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