Court : Delhi
Reported in : (1987)63CTR(Del)380; 175ITR78(Delhi)
..... arun b. saharya, j.1. these are five applications under section 256(2) of the income-tax act, 1961 (hereinafter called 'the act'), by the commissioner of income-tax praying that we direct the income-tax appellate tribunal (delhi bench) to draw up a statement of the case and refer it for our opinion on ..... madras high court in : 121itr854(mad) (sic) (iii) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in allowing the liability towards additional excise duty on account of excess wastage on spirit in transit to the extent of ..... wholly and exclusively for the purposes of the assessed's business (ii) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in allowing the liability of rs. 93,080 as an allowable expenditure keeping in view the decision of the ..... expenses were incurred wholly and exclusively for purposes of business (ii) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in allowing the liability on account of additional excise duty to the extent of rs. 27,86,288 as ..... the following questions raised in each of the five applications, in respect of the assessment years 1976-77, 1977-78 and 1978-79 : 'income-tax .....Tag this Judgment!
Court : Delhi
Reported in : (1983)33CTR(Del)1; 138ITR391(Delhi)
..... jurisdiction in the prescribed manner by the assessed (iv) whether, in view of the specific provision of section 124(4) of the income-tax act, conferring power solely on the commissioner of income-tax for determination of the jurisdiction of an income-tax officer, the income-tax appellate tribunal on the facts and the circumstances of the case validly conferred power on the appellate assistant commissioner in the form ..... concerned is correct and sustainable in law (iii) whether, on the facts and in the circumstances of the case, the provisions of section 124(7) of the income-tax act, as found by the tribunal afford power to the income-tax officer to exercise jurisdiction and complete the assessment without reference of the issue of jurisdiction to and decision of reference by the commissioner of ..... has raised several objections to the assessment. firstly, according to him, the income-tax officer could not possibly have completed a valid assessment without an appropriate order from the commissioner of income-tax under section 124(4) of the income-tax act. according to him no protective assessment was permissible where the jurisdiction of the income-tax officer was in challenge. he went on to contend that since the .....Tag this Judgment!
Court : Delhi
Reported in : (1982)29CTR(Del)199; 141ITR806(Delhi)
..... it, and obtains a greater price for it than he originally acquired it at, the enhanced price is not profit in the sense of schedule d of the income-tax. act of 1842 assessable to income tax. but, it is equally well established that enhanced values obtained from realisation or conversion of securities may be so assessable, where what is done is not merely a ..... ) whether, on the facts and in the circumstances of the case, the aforesaid surplus of 47,085 from acquisition of agricultural land was exempt from tax as agricultural income within the meaning of section 2(1) of the income-tax act, 1961 ?' 3. the facts germane to dispose of these references succinctly are that the assessed m/s. d.l.f. housing & construction (p.) ltd ..... singh v. province of bihar : 9itr386(patna) as follows (p. 396) : 'the world 'revenue' is section 2(1) of the income-tax act is used to denote income or a revenue receipt as opposed to a capital receipt and covers all income from agricultural land other than rent.' 37. this observation was made by harris c.j., while comparing the definition of the phrase ..... 'agricultural income' in s. 2(1) of the act with that given in the bihar agricultural income-tax act in s. 2(a) in which the words 'any rent or income derived from land' appear instead of the words 'rent or revenue derived from land' as is the case .....Tag this Judgment!
Court : Delhi
Reported in : (1987)63CTR(Del)1; 166ITR88(Delhi)
..... properly calculated the amount of interest which the assessed could be called unto to pay under the provisions of section 220(2) of the income-tax act. these demands in consequence of the appellate orders were raised by the income-tax officer, central circle, allahabad. 3. for the assessment years 1972-73 to 1974-75, the assessed submitted applications under section 154. relying on ..... rejected these applications both on merits and also by holding that the amendment sought by the petitioner did not fall within the preview of section 154 of the income-tax act, not being a mistake apparent from the record of the case. 4. counsel for the department has raised a preliminary objection to the maintainability of these petitions in this court. ..... new delhi and the petitioner is challenging the correctness of that circular, this court has jurisdiction to entertain these writ petitions. he also submits that the demands raised by the income-tax officer as a consequence of the appellate orders are being contested only in respect of interest and this contest cannot be raised in appeal against an order charging interest. so ..... far as the orders under section 154 are concerned, he submits that since the income-tax officer has pointed out that the grounds on which the assessed challenges the levy of interest raise a controversial question regarding the applicability of section 220(2), the provisions of .....Tag this Judgment!
Court : Delhi
Reported in : ILR1977Delhi1; 113ITR335(Delhi)
..... observed that the said decisions correctly laid down the crucial test for determining what is an 'association of persons' within the meaning of section 3 of the income-tax act, and that it was, however, necessary to add some words of caution, namely, that- 'thereis no formula of universal application as to what facts, ..... and as such the association of persons, including harish chandra, could not be called upon to bear the liability under the charging provisions of the income-tax act, and that for all the aforesaid reasons it would allow the assessed's appeal by holding that the compensation received by the registered holders of ..... rs. 98,658.00 was received as compensation from the government of india, and that the same was not: taxable under the provisions of the indian income-tax act, 1922. the said return was not signed by shrimati memo devi, wife of lala harish chandra who is said to have died by the date ..... 1948-49 and the same had been decided against the assessed, that the assessed filed a reference application under section 66(1) of the income-tax act and the same had been rejected, that the assessed then filed an application under section 35 stating that the appellate tribunal did not take into ..... desh bandhu gupta, vidya dhar and ram kishan dass, the association (delhi beopar mandal) could not be made liable to pay the tax under the charging section 4 of the income-tax act; (3) that in any case, since harish chandra or shrimati memo devi was not a party, to the earning of the .....Tag this Judgment!
Court : Delhi
Reported in : ILR1971Delhi555; 82ITR345(Delhi)
..... 'b' has refered the following question under section 66 (1) of the indian income-tax act, 1922 (hereinafter referred to as the act) :- 'whetheron the facts and in the circumstances of the case, the managing agency remuneration was the income of b. n. bhaskar earned in his individual capacity or the income of the hindu undivided family 'of which he was the karta ?'(2) the assessed ..... several decisions of the supreme court. but the position has now been clarified by the supreme court in a recent case, viz., rai kumar singh hukam chandji v. commissioner of income-tax : 78itr33(sc) , in which the supreme court after considering the case law on the subject, has laid down the following broad principle :- 'thebroader principle that emerges is whether ..... the hindu undivided family and directed that this remuneration should be assessed in the hands of b b. n. bhaskar as an individual. the department preferred an appeal before the income-tax appellate tribunal (hereinafter referred to as the tribunal) aginst the order of the appellate assistant commissioner, but the tribunal dismissed the appeal and confirmed the order of the appellate ..... commissioner. the tribunal has, however, made this refernce at the instance of the commissioner under section 66(1) of the act. (5) shri a. n. kirpal, the learned counsel for the revenue, has sought to support the order of the income-tax officer on the following grounds:- (i)that the managing agency firm of m/s bhaskar brothers came into existence at a .....Tag this Judgment!
Court : Delhi
Reported in : 189ITR62(Delhi)
..... briefly stated, the facts are that the premises of one shri r. k. aggarwal were searched pursuant to an authorisation issued under section 132 of the income-tax act. simultaneously a search was also conducted in the premises of his business concerns. at that time, it transpired that there were pay orders dated april ..... . aggarwal and the pay orders of rs. 50,40,000 included the aforesaid amount of rs. 49,03,000. the commissioner of income-tax, delhi ix, and the commissioner of income-tax, delhi x, by two separate orders, accepted the contention of the petitioners and vacated the restraint order. the money, however, was ..... which was paid in january was still available for being put to use in april, 1989. there is no investigation done by the commissioners of income-tax nor have they referred to this aspect. 6. in the instant case, a regular assessment has taken place. an assessment order has been passed ..... not refunded to the petitioners and subsequently, on march 1, 1990, the impugned order was passed by the commissioner of income-tax, delhi ix, in which it has been stated that a assessment had been made in the case of surrinder kumar and the amount in question has ..... were issued by one shri surrinder kumar totaling rs. 50,40,000. these pay orders were issued to hindustan copper ltd. the deputy commissioner of income-tax passed an order under the second proviso to section 132(1) effecting a deemed seizure of these pay orders. intimation was also sent to the manager .....Tag this Judgment!
Court : Delhi
Reported in : 201ITR461(Delhi)
..... reference of the following question to this court : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in cancelling the order passed by the commissioner of income-tax under section 263 of the income-tax act by holding that there is nothing in the aforesaid order to show that the assessment order passed by the assessing ..... received by the company was rs. 49,70,000 by the issuance of the shares. 3. the income-tax officer accepted the revised return and, without making any addition whatsoever, made the assessment. 4. the commissioner of income-tax issued notice under section 263 of the income-tax act and, after an opportunity was given to the assessed, she came to the conclusion that the assessment order ..... passed by the income-tax officer was prejudicial to the interests of the revenue and she set aside the order and .....Tag this Judgment!
Court : Delhi
Reported in : ILR1972Delhi130; 88ITR14(Delhi)
..... of law have, under directions of the high court dated 26th july, 1966, been referred to this court for opinion under section 256(2) of the income-tax act, 1961, namely:- '1. whether on the facts and circumstances of the case the- tribunal could hold that a sum of rs. 30,000.00 ..... the counsel that this is a finding of fact by the tribunal. firstly, there was absolutely no evidence before the income-tax authorities or the tribunal to show that the assessed had acted as an agent on behalf of the newly floated company to obtain for it the business of running a petrol ..... this legal position. he has, however, relied upon commissioner of income-tax, nagpur v. rai bahadur jairam vclji and others. : 35itr148(sc) , to show that there is a difference between a payment made as compensation ..... vanaspati products was not a trading receipt. we find great support in answering this reference from a recent authority of the supreme court in commissioner of income tax, punjab v. prabhu dayal c. a. 1693 of 1968 decided on 6th october 1971.(6) the counsel for the revenue has not seriously challenged ..... in consideration thereof the company allotted to the assessed 300 ordinary (non-transferable) shares as fully paid up valued at rs. 30,000.00. the income-tax officer called upon the assessed to clarify the nature of this receipt. the assessed was asked to file the correspondence he had with messrs. caltex (india .....Tag this Judgment!
Court : Delhi
Reported in : 97ITR606(Delhi)
..... delhi bench (hereinafter referred to as 'the tribunal'), in compliance with the direction of this court under section 66(2) of the indian income-tax act, 1922 (hereinafter called as 'the act'):'1. whether, on the facts and in the circumstances of the case, the amount of rs. 5,256 deducted by m/s. iron ..... the assessed-company. there is no dispute that the expenditure claimed by the assessed-company was in fact incurred in prosecuting this complaint. in commissioner of income-tax v. dhanrajgirji raja narasingirji, : 91itr544(sc) , the supreme court held on similar facts that:'it is not correct to say that ..... this amount. annexure 'n' is the copy of the complaint filed against shri shiv saran lal under section 409, indian penal code. neither the income-tax authorities nor the tribunal have recorded any finding that the facts stated in any of the above documents were not true. these documents, thereforee, ..... assessed-company against the former managing director, shri shiv saran lal. the claim for the allowance of this expenditure was also disallowed by the income-tax authorities as well as by the tribunal on the ground that the criminal complaint had no connection with the carrying on of the business ..... fact incurred by the assessed in connection with the suit filed by shri shiv saran lal. the assessed's claim was disallowed by the income-tax authorities as well as by the tribunal on the ground that this suit arose out of the personal differences between shri shiv saran lal .....Tag this Judgment!