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 : 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 : 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!
Court : Delhi
Reported in : (2002)173CTR(Del)112; 254ITR55(Delhi)
s.b. sinha, c.j.1. the questions referred under section 256(1) of the income-tax act, 1961 (hereinafter referred to as the 'act'), for the opinion of this court by the income-tax appellate tribunal, delhi bench 'c', delhi (hereinafter referred to as 'the tribunal'), in r. a. no. 942 (delhi) of 1980 are ..... in the following terms :'1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal ..... s favor and refunded to it under bank guarantee pending decisionon the appeal filed by the delhi development authority. 7. the commissioner of income-tax (appeals) (in short, 'the cit(a)'), held as under :'the assessed's business itself was the construction and sale of multi-storeyed commercial flats. it has been ..... 's business as was the case in the various high courts' judgments relied upon by the learned representative. it appears to me that the income-tax officer has merely brushed aside the applicability of the high courts judgments to the facts of the assessed's case.' 'both the reduction and ..... in litigation but this was only a 'shadowy hope' of recovery which cannot in law form a legitimate ground for disallowance of the loss. the income-tax officer's reliance on the single bench judgment of the delhi high court which was delivered on march 23, 1977, is again in my opinion .....Tag this Judgment!
Court : Delhi
Reported in : 235ITR354(Delhi)
..... 140, santhome high road, madras, and cottage no. 55, hotel palm grove, madras. on august 29, 1983, a search operation under section 132 of the income-tax act was conducted at all the aforesaid four places of the assessed at madras and also at its offices in delhi at g-18, hans bhavan, i. p. ..... mukul mudgal, j. 1. this petition filed under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'), seeks a direction to the income-tax appellate tribunal, delhi bench, new delhi, to draw up a statement of the case as arising from its order in ra ..... law, the authorities below had correctly invoked sections 215 and 216 to the fresh assessment dated march 30, 1991, completed on remand ?' 19. the income-tax appellate tribunal recorded the following findings : 1. the kacha cash day book is a totally fabricated document ; 2. we are of the view that ..... related to the alleged realisation of 'on money' on the sale of cement received through 'promina' and 'niketar' ships. similarly, the learned commissioner of income-tax (appeals) also deleted the addition of rs. 66,42,000 in respect of on money alleged to have been charged on the sale of cement pertaining to ..... after making fresh enquiries regarding the various additions, particularly on account of 'on money' and disallowance of commission paid to fwcl. the learned commissioner of income-tax (appeals) observed that shri r. jayaraman and shri m. dalip, the two persons who were present in room no. 439, hotel taj coramandal, madras .....Tag this Judgment!
Court : Delhi
Reported in : AIR1968Delhi18
..... in the union territory of himachal pradesh to the high court of punjab is as from the prescribed date, to be construed as references to high court of delhi indian income-tax act, 1922, is a law in force in the union territory of himachal pradesh. the effect of section 18, thereforee, is that from may, 1, 1967 the words 'the high court ..... with a preliminary objection raised on behalf of the revenue that this court has no jurisdiction in the matter.(2) under sub-section (8) of section 66 of the indian income-tax act, 1922. the jurisdiction with respect to the union territories of delhi and himachal pradesh was conferred on the high court of punjab. the relevant part of sub-section (8) of ..... the argument of the revenue were to be accepted, an irreconcilable conflict would come into being between the indian income-tax act and the delhi high court act. the whole object of the legislature in passing delhi high court act was to vest the jurisdiction over the territories covered thereby in delhi high court and the interpretation placed by me accords with that object. the ..... s.k. kapur, j.1. the following two questions have been referred to this court by the income-tax appellate tribunal (delhi bench) under section 66(1) of the indian income-tax act, 1922:-'(1) whether on the facts and in the circumstances of the case, the income of rs.3,489 assessable under the head 'toher sources' ?. (2) whether on the facts and in the circumstances .....Tag this Judgment!
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 : 163ITR519(Delhi)
..... chadha, j.1. these two references under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), pose the following questions for the opinion of the court : '1. whether the tribunal was right in accepting the assessed's claim of ..... the balance-sheet as adjusted in respect of the sum of rs. 47.31 lakhs. this direction was rightly given by the tribunal and the income computed by the income-tax officer. the income-tax officer has deleted the disallowance of interest of rs. 5,04,537. the answer to question no. 1 has, thereforee, to be against ..... of the assessed during the previous year amounted to rs. 5,04,537 and this was sought to be deducted in the computation of the total income. the income-tax officer as well as the appellate assistant commissioner had taken the view that the assessed had borrowed amounts for purposes other than business and that the assessed ..... of shri r. dalmia, an individual, for the assessment year 1962-63 for which the previous year ended on september 30, 1961. there was an earlier income-tax reference for the assessment year 1961-62 for which the relevant previous year was the year ended on september 30, 1960. that reference was answered by this ..... sum of rs. 47.31 lakhs and on that basis, directing the deletion of the disallowance of interest of rs. 5,04,537 made by the income-tax officer 2. whether, on the facts and in the circumstances of the case and in the alternative, the tribunal was justified in restricting the disallowance of the .....Tag this Judgment!
Court : Delhi
Reported in : 149ITR666(Delhi)
..... in holding that the deposit of rs. 50,000 had been properly explained within the meaning of section 68 of the income-tax act, 1961, and could not be treated as its unexplained income, and the consequent deletion of the disallowance of interest of rss. 5,804 for the assesssment year 1967-68, rs. ..... aac would, thereforee, continue to be operative and would be binding on the department and could only be reversed by another appellate body like the income-tax appellate tribunal. as there is no reversal on facts, the factual position has to be taken to be that as the aac found. 16. mr ..... 9,958 for the assessment year 1968-69 and rs. 602 in the assessment year 1969-70 ?' 2. there are three income-tax references but as there is only one question, this judgment will dispose of all the three references. 3. the facts of the case are that in ..... different ground. the conclusion of the assistant commissioner were as follows : 'in my opinion, there is force in income-tax officer's remark that the department could enquire whether the declared income represented the income of someone else. in this case, however, there is no material on record to suggest that the above-noted ..... 2) act, 1965, and also made observations regarding these credits. he took the view that the credits were properly explained and did not represent the assesssee's income. he accordingly, deleted the addition of rs. 50,000 and restored the allowance of interest in the three years. 4. on appeal to the income-tax appellate .....Tag this Judgment!